FORM 121

WEED SPRAYING AGREEMENT

AGREEMENT made between _________________ (Governmental Entity), a political subdivision of the state of Idaho, herein "ENTITY" and ___________________, herein "SPRAYER",

THE PARTIES AGREE AS FOLLOWS:

1.            SPRAYING SERVICES:   ENTITY hires SPRAYER to perform spraying services within the ENTITY under the terms of this Agreement.  SPRAYER agrees to spray weeds for ENTITY on ENTITY lands as provided by this Agreement.

2.            EQUIPMENT:  SPRAYER agrees that it will use the following equipment to do the spraying under this Agreement:

______________________________________________________________________________

3.            COMPENSATION:  ENTITY agrees to pay SPRAYER as compensation for its services the following sums:

[ ] An hourly rate for the use of the equipment of SPRAYER as follows:

Equipment                   Hourly Rate

A.            ____________________            ____________________

B.            ____________________            ____________________

C.            ____________________            ____________________

D.            ____________________            ____________________

E.            ____________________            ____________________

[ ] The sum of $__________ for each mile of highway or roadway sprayed by SPRAYER, on both sides of the road, as ordered by ENTITY.

[ ] The sum of $__________ for spraying ______ miles of roads and highways, _____ times during 20___, as described in the attached Spraying Schedule. 

[ ] The sum of $________ for spraying ____ acres of land as described in the attached Spraying Schedule.

[ ] The actual cost to SPRAYER of the herbicides and pesticides applied under this Agreement.

4.            APPLICATION:  The roads and highways shall be sprayed at the times set forth in the attached Spraying Schedule with the herbicides and pesticides and in the treatment amounts indicated in the attached Spraying Schedule.

5.            COMPLIANCE WITH LAWS:  SPRAYER further agrees to comply with all federal, state, city, and local laws, rules, and regulations.

6.    LICENSES:  SPRAYER acknowledges and agrees that he possesses all government permits, licenses, and consents (including a “professional application license” and any state permit or certificate required for weed spraying) to perform the services under this Agreement.

7.            REPORTS AND BILLING:  SPRAYER agrees to give ENTITY a monthly report or billing each month describing all areas sprayed by SPRAYER and describing in detail the application made.  ENTITY agrees to pay any billing within ten (10) days of receipt.

8.            INDEPENDENT CONTRACTOR:  The parties agree that SPRAYER and all its employees are independent contractors of ENTITY and in no way employees or agents of ENTITY and are not entitled to workers compensation or any benefit of employment with the ENTITY.  ENTITY shall have no control over the performance of this Agreement by SPRAYER, except to specify the time and place of performance and the results to be achieved.  SPRAYER agrees to pay and be responsible for all taxes due from the compensation received under this Agreement.

9.            INSURANCE: SPRAYER agrees to obtain and keep in force during its acts under this Agreement a comprehensive general liability insurance policy (including any endorsement for any over-spray) in the minimum amount of $____________________, which shall name and protect SPRAYER, all SPRAYER’s employees, ENTITY, and its officers, agents and employees, from and against any and all claims, losses, actions, and judgments for damages or injury to persons or property arising out of or in connection with the SPRAYER’s acts.  SPRAYER shall provide proof of liability coverage as set forth above to ENTITY prior to commencing its performance as herein provided, and require insurer to notify ENTITY ten (10) days prior to cancellation of said policy.

10.            INDEMNIFICATION: SPRAYER agrees to indemnify, defend, and hold harmless ENTITY, and its officers, agents and employees, from and against any and all claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with the acts and/or any performances or activities of SPRAYER, SPRAYER’s agents, employees, or representatives under this Agreement.

11.            DISPOSAL AND HANDLING OF TOXIC SUBSTANCES:  SPRAYER agrees to use, handle, store, and dispose of any and all toxic substances used in the performance of this contract in accordance with applicable federal, state, city, and local statutes, rules and regulations and further agrees to indemnify and hold ENTITY harmless from any liability resulting from the use, handling, storage or disposal of toxic substances.

12.            ENTIRE AGREEMENT: This is the entire agreement of the parties and can only be modified or amended in writing by the parties.

13.            ATTORNEY FEES:  Reasonable attorney fees shall be awarded to the prevailing party in any action to enforce this Agreement or to declare termination or forfeiture of this Agreement.

DATED this ______ day of _________, 20____.

  Form and content approved by __________________ as attorney for _______________ (Governmental Entity).