1-Suveyor Review Roster RFQ.pdf

BANNOCK COUNTY

REQUEST FOR QUALIFICATIONS (RFQ)

PROFESSIONAL LAND SURVEYOR REVIEW SERVICES

BANNOCK COUNTY SURVEYOR REVIEW SERVICES FOR

PLANNING & DEVELOPMENT

Issue Date October 3, 2025

TABLE OF CONTENTS

1 RFQ ADMINISTRATIVE INFORMATION

2 OVERVIEW

2.1 PURPOSE

2.2 SELECTION

2.3 QUESTIONS

2.4 SUBMISSION OF QUALIFICATIONS

2.5 FILE FORMAT

2.6 SUBMISSION MODIFICATION

2.7 TIMELY SUBMISSION

2.8 RFQ PREPARATION COSTS

2.9 INTERVIEWS

2.10 DELIVERY TO COUNTY

2.11 ACCEPTANCE AND REJECTION

2.12 DISCLOSURE OF SURVEYOR’S CONFIDENTIAL INFORMATION

2.13 TRADE SECRETS

2.14 SIGNATURE OF SURVEYOR

2.15 ADDITIONAL INFORMATION

2.16 SURVEYOR INDIVIDUAL PERSONNEL

2.17 SURVEYOR INDIVIDUAL COOPERATION

2.18 ASSIGNMENT

3 SCOPE OF SERVICES

3.1 COVER LETTER

3.2 TABLE OF CONTENTS

3.3 SURVEYOR OVERVIEW

3.4 LIST OF SIMILAR PROJECTS

3.5 CUSTOMER REFERENCE LIST

3.6 PROPOSAL

3.7 EXECUTION OF THE AGREEMENT

3.8 FAILURE TO EXECUTE THE AGREEMENT

3.9 PROTEST FROM THE SURVEYOR

4 RFQ CHECKLIST

APPENDIX A – PROPOSED CONTRACT

RFQ – Surveyor Review Services for Planning and Development

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1 RFQ Administrative Information

RFQ Title: Bannock County Surveyor Review Services for Planning and Development

RFQ Project Description: Bannock County requests qualifications for a surveyor to be placed on a roster to provide surveyor review services for the Planning and Development Department.

RFQ Lead: Shanda Crystal, Chief Procurement Officer Bannock County 624 East Center, Room 101 Pocatello, ID 83201 shandac@bannockcounty.gov 208-236-7214

Submit sealed Qualifications: Upload electronic qualifications and documents at https://bannockcounty.bonfirehub.com/portal/?tab=op enOpportunities

Issue Request for Qualifications: October 3, 2025

Deadline To Receive Questions: October 10, 2025, at 5:00 p.m. Mountain Time

Deadline for County to Respond to Questions:

On or before October 15, 2025, at 5:00 p.m. Mountain Time

RFQ Closing Date: October 22, 2025, at 11:30 p.m. Mountain Time

Public Opening of RFQ Date: October 23, 2025, at 10:00 a.m. Mountain Time

Contract Award Date (Anticipated): November 6, 2025 mailto:shandac@bannockcounty.

https://bannockcounty.bonfirehub.com/portal/?tab=openOpportunities

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2 OVERVIEW

2.1 Purpose

The following is a Request for Qualifications (RFQ) for surveyor reviews of all plats recorded in Bannock County.

Professional Land Surveyors will be required to review plats for conformance with Idaho Code. Bannock County intends to award multiple contracts for these services to create a roster that will rotate monthly.

The Surveyor selection will be based upon the criteria, as set forth in Idaho Code §67-2320, dealing with professional services contracts with design professionals, engineers, surveyors, construction managers, and land surveyors. Submitted qualifications will be evaluated to determine responsiveness. Bannock County may consider, but is not limited to, the following factors in evaluating qualifications:

Responsiveness to the RFQ requirements;

The ability, capability and skill of the Surveyor Individual to perform the contract and provide the services required;

Experience of the Surveyor Individual with similar projects;

References of the Surveyor Professional;

The character, integrity, reputation, judgment and efficiency of the Surveyor Professional;

The quality of performance of previous contracts or services; and

Other factors, as deemed important, within the County’s sole discretion.

The following information must be submitted as part of your statement of qualifications: Provide complete and comprehensive responses to each part of Section 3 SURVEYOR INFORMATION and Section 4 RFQ CHECKLIST of this RFQ. Any qualification statement submitted that does not provide a response to each required section may be deemed non-responsive, a condition of rejection.

2.2 Selection

The County will review all submitted statements of qualification to assure that a qualified Surveyor Individual, if any, is chosen. The County will use the RFQ Checklist (Section 4) as a point ranking of submitted qualifications.

Ranking will occur through each check list item by individual RFQ Project Evaluators; the ranked check list items will be summed for a normalized total. The County will select the Individual that it determines is best qualified to provide the required services, pursuant to the County’s criteria contained within this RFQ. The County's criteria will include the Surveyor Individual's ability to fully respond to each of the provisions of this RFQ and meet the proposed contract as listed in Appendix A.

2.3 Questions

2.3.1 This Solicitation is issued by the Bannock County Commissioners. The RFQ Lead is the only contact for this Solicitation. All correspondence must be in writing. If it becomes necessary to revise any part of this RFQ, addenda will be communicated to all respondents by addendum on Bannock County’s e-Procurement Portal at https://bannockcounty.bonfirehub.com/portal/?tab=openOpportunities . Each addendum becomes an integral part of this RFQ and may contain important information, including significant changes to this RFQ. Bannock County will not accept any respondent’s communications by any other means, except as specifically stated in this RFQ.

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It is the responsibility of parties interested in this RFQ to confirm with the RFQ Lead regarding any updates or amendments. Any oral interpretations or clarifications of this RFQ must not be relied upon. All changes to this RFQ will be in writing and must be communicated to all known RFQ Holders via the e-Procurement Portal to be valid. Alternate Qualifications are not allowed.

2.3.2 Questions or other correspondence must be submitted in writing to the RFQ Lead electronically through the Opportunity Q&A on this Solicitation. Official answers to all written questions will be communicated to all respondents by posted addendum on Bannock County’s e-Procurement Portal.

QUESTIONS MUST BE RECEIVED BY 5:00 P.M. MOUNTAIN TIME ON THE DATE LISTED IN THE RFQ

ADMINISTRATIVE INFORMATION.

2.3.3 Any questions regarding the Bannock County’s proposed contract (Appendix A) must also be submitted electronically through the Opportunity Q&A, by the deadline identified in the RFQ Administrative Information. Bannock County may not consider proposed modifications to these requirements after the date and time set for receiving questions. Questions regarding these requirements must contain the following:

1. The rationale for the specific requirement being unacceptable to the party submitting the question (define the deficiency).

2. Recommended verbiage for the County’s consideration consistent in content, context, and form with the County’s requirement being questioned.

3. Explanation of how the County’s acceptance of the recommended verbiage is fair and equitable to both the County and to the party submitting the question.

2.3.4 Qualifications which condition the submittal based upon the County accepting other terms and conditions not found in the RFQ, or which take exception to the County’s proposed contract, will be found non-responsive, and no further consideration of the qualification will be given.

2.4 Submission of Qualifications

Sealed statements of qualifications submitted under this Solicitation must not exceed ten pages single-sided or five pages double-sided (not including cover pages, separation sheets, resumes, and examples of similar work at other facilities). Qualifications must be submitted online through Bannock County’s e- Procurement Portal. Upload electronic qualifications and documents at https://bannockcounty.bonfirehub.com/portal/?tab=openOpportunities

Browser cookies must be enabled. Respondents should contact Bonfire at Support@GoBonfire.com for technical questions related to submissions or visit Bonfire’s help forum at https://bonfirehub.zendesk.com/hc

2.5 File Format

Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bonfire Portal. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or https://bannockcounty.bonfirehub.com/portal/?tab=openOpportunities mailto:Support@GoBonfire.com https://bonfirehub.zendesk.com/hc

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2.6 Submission Modification

Surveyors can modify their submissions up to the Submission Deadline listed for this Solicitation directly through the e-Procurement Portal. Any qualification may be withdrawn prior to the scheduled date and time set for the opening by clicking un-submit within the e-Procurement Portal by the Surveyor or their authorized agent. No Qualification may be withdrawn after the date and time set for the Bid opening.

If your Qualifications contain trade secret information which you have identified, you must also submit a redacted copy of the Qualifications (in electronic format, with the word “redacted” in the file name) with all trade secret information removed or blacked out; as well as a separate document containing a complete list (per the instructions in Section 4.7, below) of all trade secret information which was removed or blacked out in the redacted copy.

2.7 Timely Submission

Surveyors are solely responsible for ensuring timely submission of their Qualifications to the County via the eProcurement Portal as given in this solicitation. Qualifications must be uploaded, submitted, and finalized prior to the Closing Date and time listed in the RFQ Administrative Information. It is strongly recommended that Surveyors give themselves sufficient time and at least ONE (1) day before the Closing Date to begin the uploading process and to finalize their submissions.

The County’s e-Procurement Portal clock is the official clock for the determination of all deadline dates and times. Without exception, Qualifications will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections.

Bannock County assumes no responsibility for failure of any computer or other equipment to deliver all or a portion of the Qualifications at the time and in the manner required by the solicitation. Neither Bonfire, nor the County warrant that access to and use of the Bonfire website will be free from interruptions or free from errors, nor shall Bonfire or the County be responsible for any inadvertent disclosure of Qualification repository information or any unauthorized access to Qualification repository information by third persons.

In the case of disruption of electronic communications or loss of services by Bonfire within two (2) hours prior to the deadline for submission of qualifications, the County will delay the deadline for submissions to ensure the ability of potential surveyors to submit qualifications. If this occurs, instructions will be communicated to known Plan Holders.

2.8 RFQ Preparation Costs

Costs for developing submittals pursuant to this RFQ are entirely the responsibility of the Surveyor

Individual. They shall not be chargeable to the County. By submitting qualifications, the surveyor agrees that the contents of the submittals and any supporting analysis will become the property of Bannock

County.

2.9 Interviews

As provided herein, interviews may be conducted with any or all responsive Surveyor Individual(s) who’s

P a g e | 5 of 15 October 1, 2025 qualifications are determined to be reasonably acceptable of being selected for award. The County will not be liable for any costs incurred by the Surveyor in connection with such interview (i.e. travel, accommodations, etc.).

2.10 Delivery to County

Qualifications will only be received by the County’s e-Procurement portal, Bonfire; no facsimile qualifications will be accepted. It is the Surveyor Individual's responsibility to ensure that qualifications are received by the deadline listed in the RFQ Administrative Information.

2.11 Acceptance and Rejection

The County reserves the following rights:

To reject any or all submittals, or any part thereof;

To reissue the Request for Qualifications;

To invite additional respondents to the RFQ;

To request additional information and data from any or all respondents;

To extend the date for submission of responses;

To supplement, amend, or modify the RFQ and cancel this request with or without the substitution of another RFQ;

To disqualify any respondent who fails to provide information or data requested herein or who provides inaccurate or misleading information or data;

To disqualify any respondent based on any real or apparent conflict of interest;

To waive any minor defects in the submittal if this is to the advantage of the County; and

To accept the submittal that is in the best interest of the County.

The County's decision shall be final. The County's waiver of a minor defect shall in no way modify the RFQ or excuse the Surveyor Individual from full compliance with its obligations if the Surveyor Individual is awarded the contract. The County reserves the right to let separate agreements on any aspect of the work.

Qualifications that contain false or misleading statements or provide references that do not support an attribute or condition claimed by the Surveyor Individual may be rejected. If, in the opinion of the County, such information was intended to mislead the County in its evaluation of the Surveyor Individual, the statement shall be rejected.

2.12 Disclosure of Surveyor Individual Confidential Information

Be advised that all information contained in bids submitted in response to this solicitation may be subject to the Idaho Public Records Request Act, Idaho Code §74-102, and information use and disclosure are governed by this Act.

Bids will be kept confidential until negotiations and recommendation of award are completed by the County.

At that time, all bids and documents pertaining to the bids will be open to the public, except for material that is clearly marked proprietary or confidential.

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2.13 Trade Secrets

Identify each page of the bid that you believe contains a “trade secret” within the definitions of the Idaho Public Records Act. Contractors must:

2.13.1 Identify with particularity the precise text, illustration, or other information contained within each page marked “trade secret” (it is not sufficient to simply mark the entire page). The specific information you deem “trade secret” within each noted page must be highlighted, italicized, identified by asterisks, contained within a text border, or otherwise clearly delineated from other text/information and specifically identified as a “trade secret.”

2.13.2 Provide a separate document entitled “List of Redacted Trade Secret Information” which provides a succinct list of all trade secret information noted in your Bid; listed in the order it appears in your submittal documents, identified by Page #, Section #/Paragraph #, Title of Section/Paragraph, specific portions of text/illustrations; or in a manner otherwise sufficient to allow the County’s procurement personnel to determine the precise text/material subject to the notation. Additionally, this list must identify with each notation the specific basis for your position that the material be treated as exempt from disclosure and how the exempting the material complies with the Public Records Law.

2.13.3 Indemnify and defend the County against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring a “trade secret” designation and exemption from public disclosure; or for the Contractor’s failure to designate individual documents as exempt from public disclosure. The Contractor’s failure to designate as exempt any document or portion of a document released by the County shall constitute a complete waiver of any and all claims for damages caused by any such release. If the County receives a request for materials claimed exempt by the Contractor, the Contractor shall provide the legal defense for such claim.

2.14 Signature of Surveyor

Each statement of qualification and any clarification to that statement shall be considered signed by the

Surveyor when the Cover Letter is signed and submitted.

2.15 Additional Information

a) It is the surveyor’s responsibility to furnish the County with sufficient data to determine if the products(s), service(s), and/or supplies offered conform to the specified requirements.

b) The County will not be liable for any cost incurred in the preparation of qualification.

c) The submission of qualifications shall be prima facie evidence that the Proposer has full knowledge of the scope, nature, quantity and quality of work to be performed; the detailed requirements of the specifications; and the conditions under which the work will be performed.

d) The Proposer shall furnish the County such additional information as the County may reasonably require.

e) The County reserves the right to conduct pre-contract negotiations with any or all potential Proposers.

f) The County reserves the right to reject any or all qualifications, the right of the County in its sole discretion to accept the qualification(s) it considers most favorable to the County's interest and the right to waive minor irregularities in the procedures. The County further reserves the right to reject

P a g e | 7 of 15 October 1, 2025 all qualifications and seek new qualifications when such procedure is reasonably in the best interest of the County.

g) Certain financial information of the County, including financials and budgets, can be accessed at https://www.bannockcounty.us/auditor/.

2.16 Surveyor Individual Personnel

The County may request replacement or deny access to any Surveyor Individual, or subcontractor personnel believed unable to carry out the responsibilities of the contract or unsuitable for working within the environment of County-owned property.

2.17 Surveyor Individual Cooperation

The chosen Surveyor Individual shall always observe and comply with all federal, state, local and municipal laws, ordinances, rules, and regulations in any way affecting the contract or the work performed under the contract.

2.18 Assignment

The resulting contract shall not be transferred by the Surveyor to any other party.

https://www.bannockcounty.us/auditor/

RFQ – General Surveyor Services for a Year

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3 SCOPE OF SERVICES

Surveyor's response to each of the requirements in Section 3 SCOPE OF SERVICES is mandatory. Failure to respond to a requirement in this section, or non-adherence to a requirement in this section, may cause the statement to be rejected.

The various sections of this RFQ are intended to provide each potential Surveyor with the opportunity to document/demonstrate their qualifications.

Submittals must adhere to the structure outlined in this section of the RFQ. Responses that do not adhere to the structure may be disqualified from review. Surveyors must respond to each sectioned item, complete Section 4

RFQ CHECKLIST, and submit the checklist in the eProcurement Portal as part of the Surveyor's qualifications.

Bannock County is requesting qualifications from Professional Land Surveyors to perform surveyor reviews of all plats recorded in Bannock County. The County is requesting to fill three independent contracts for these services.

Professional Land Surveyors will be required to review plats for conformance with Idaho Code and Surveyor Law.

Specific services shall be on a rotating schedule between three qualified surveyors.

Responsibilities

The Surveyor shall follow local and legal conventions of the industry and shall:

Conduct surveyor plat reviews for Bannock County to ensure compliance with Idaho Code

Title 50 Chapter 13

Surveyor will be emailed by County Staff during the assigned month, o The email will include a copy of the plat to be reviewed o The surveyor will have ten (10) County business days to complete and return the review to Staff o If corrections are required, Staff will send a corrected plat to the surveyor for a second review

This review must be completed within an additional ten (10) County business days o After corrections, or upon completion of initial review, the surveyor will send County

Staff a formal approval letter; no emails will be accepted

Once reviews are complete, the surveyor will be required to sign the plat as the ‘County

Reviewing Surveyor’

The contract will be for a single fiscal year October through September with four additional one-year terms available for automatic renewal upon Commission approval through the budget process.

Surveyor Roster will be on a monthly rotation, as follows:

January – Surveyor 1

February – Surveyor 2

March – Surveyor 3

April – Surveyor 1

May – Surveyor 2

June – Surveyor 3

July – Surveyor 1

August – Surveyor 2

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September – Surveyor 3

October – Surveyor 1

November – Surveyor 2

December – Surveyor 3

If a plate review has been originally created by the reviewing surveyor assigned for a particular month, the review will be forwarded to the surveyor assigned to the following month.

3.1 Cover Letter

Use your individual's letterhead and include a web address if available. Address the cover letter to:

Bannock County Board of Commissioners Bannock County Courthouse 624 East Center, Room 101

Pocatello, Idaho 83201

Identify the submitting surveyor by name, main business office, and field office conducting work

(if applicable).

Include a brief statement of the surveyor's understanding of the work to be accomplished.

Provide any additional explanatory information you believe will be necessary or helpful.

Signature of surveyor authorized to sign contracts.

3.2 Table of Contents

3.3 Surveyor Overview

Briefly summarize the history of your professional portfolio.

Disclose any claims or unresolved claims currently ongoing or pending and/or any potential or anticipated litigation.

Describe your area of expertise as it relates to professional land surveyor services.

3.4 List of Similar Projects

Describe local, regional, or national projects of similar size and scope which the surveyor has been involved. List names, titles, experience, qualifications, certifications, and service periods of surveyor;

designate the primary point of contact regarding the surveyor's performance and day-to-day management of the project. Individuals will be evaluated and given the highest points if they have five

(5) or more years of previous experience in land surveyor review services.

Include surveyor experience regarding past performance, name, and telephone number of owners on similar projects, and any written references from owners that are available for those projects. Identify projects completed or ongoing that are similar in scope and size to the project under consideration;

project manager; adherence to previous project guidelines or requirements; ability to stay within negotiated fees and schedules; quality of service; and personalized attention to the project.

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3.5 Customer Reference List

The Surveyor will provide a list of customers who have used your services. Customers on Surveyor's qualifications list (and any other the County may select) may be contacted. The customers may be interviewed in multiple areas including the ability and capability to perform the contract or provide the services required, the character, integrity, reputation, judgment, and efficiency of the Surveyor. The majority of the customers must respond positively in order for the Surveyor to be successful in this portion of the evaluation but include one reference where you experienced a difficult situation so that we may discuss how you rectified the situation to the customer's satisfaction.

Please provide reference's name, email address, and phone number of individuals that have dealt with you on at least three (3) other similar projects.

3.6 Proposal

It is anticipated that three (3) qualified respondents who receive the highest normalized points will enter into contracts with Bannock County under mutually agreeable terms and conditions, as set forth in

Appendix A Proposed Contract.

After a surveyor has signed a contract to be on the Bannock County Survey Review Roster and the rotation has begun, the surveyor will email Planning and Development an invoice for work completed. The surveyor will submit an invoice no later than 10 calendar days after their rolling month is complete.

Invoices will be processed within 2-3 weeks and checks will be mailed to the address listed on the contract.

The fee payable for a subdivision plat review will be the total of a base rate plus an additional fee per lot.

The fee schedule will be as follows:

Review fees for Final Plats within unincorporated areas of Bannock County shall be a

$500 base fee and $30 additional per lot.

Review fees for Final Plats in cities which provide a review prior to a County review shall be a $350 base fee and $30 additional per lot.

Review fees for Final Plats for plats in cities which do not provide a review prior to a

County review shall be a $500 base fee and $30 additional per lot.

If the reviewing Surveyor determines that a second, in-depth review is necessary, the same base and per-lot fee may be charged again, in accordance with the fee schedule, as mutually agreed upon by the reviewing Surveyor and Staff.

*Please note this fee schedule is reviewed and approved by the Bannock County Commissioners each year.

3.7 Execution of the Agreement

Any contractual agreement(s) resulting from this RFQ will be finalized with the Surveyor(s) who receives the highest number of total normalized points. In the event mutually agreeable terms cannot be reached with the winning Surveyor, the County reserves the right to finalize a contractual agreement with the next most advantageous Surveyor without undertaking a new procurement process.

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The agreement shall be signed by the Surveyor and returned, along with any required attachments to the County within then (10) calendar days from receipt of contract. The period for execution may be changed by mutual agreement of the parties. Contracts are not effective until signed by the authorized County Officials. Any work performed prior to receipt of a fully executed contract shall be at Surveyor’s own risk.

3.8 Failure to Execute the Agreement

Failure to execute the Agreement within the time frame identified above shall be sufficient cause for voiding the award. Failure to comply with other requirements within the set time shall constitute failure to execute the Agreement. If the successful Surveyor refuses or fails to execute the Agreement, the County may award the Agreement to the next qualified Bidder.

3.9 Protest from the Surveyor

Any protests concerning the specifications, bid procedures, or method of evaluation must be made in writing and received by the County at least three (3) business days before the date and time upon which qualifications are scheduled to be opened. Failure to timely raise such protest in writing shall be deemed to operate as a waiver as to any objections that may have been raised on the part of the Surveyor.

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4 RFQ CHECKLIST

Surveyor must initial each item on this checklist and include completed checklist with their RFQ submittal. The sections of the RFQ that require a response from the Surveyor are listed below. The Surveyor must initial each section acknowledging whether the required information is included and/or the condition has been met. Failure to acknowledge or respond to any of the sections listed below may result in the rejection of the qualifications from further consideration.

If "does not meet requirement" is acknowledged, the Surveyor may include an explanation as to why such requirement is not applicable. The inclusion of an explanation does not obligate the County to credit the Surveyor for responding to the item.

1. Surveyor has included response to Section 3.1 Cover letter (5 pts)

Submittal meets requirement: __ Does not meet requirement: __

2. Surveyor has included response to Section 3.2 Table of Contents (0 pts)

Submittal meets requirement: _____ Does not meet requirement: _____

3. Surveyor has included response to Section 3.3 Surveyor Overview (20 pts)

Submittal meets requirement: __ Does not meet requirement: _____

4. Surveyor has included response to Section 3.4 List of Similar Projects (50 pts)

Submittal meets requirement: _____ Does not meet requirement:

5. Surveyor has included response to Section 3.5 Customer Reference List (30 pts)

Submittal meets requirement: ___ Does not meet requirement: _

6. Surveyor has included response to Section 3.6 Proposal (50 pts)

Submittal meets requirement: _____ Does not meet requirement: __

7. Surveyor acknowledges it is prepared to comply with the contractual requirements detailed in Appendix A – Proposed Contract (15 pts)

Submittal meets requirement: ____ Does not meet requirement: ___

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APPENDIX A – PROPOSED CONTRACT

AGREEMENT made between Bannock County (herein "COUNTY"), a political subdivision of the state of Idaho, and ___________________ (herein "SURVEYOR"), duly authorized to do business in the State of Idaho.

THE PARTIES AGREE AS FOLLOWS:

1. SCOPE OF WORK: COUNTY engages SURVEYOR to perform the work associated with the Surveyor Review Roster request for qualifications (RFQ) as referenced and incorporated hereto.

2. EFFECTIVE DATE: Parties agree that SURVEYOR shall commence work according to the schedule in the RFQ from date contract is fully executed through September 30, 2026 with four (4) additional one-year terms available for automatic renewal upon approved funding and satisfactory contract performance.

3. COMPENSATION: COUNTY agrees to pay SURVEYOR for their services rendered under this Agreement within forty-five (45) days from the date invoice is received by county staff. The parties agree that SURVEYOR will invoice COUNTY for payment under this Agreement for services rendered herein and in accordance with approved county fee structure.

4. NOTICES: Any and all notices required or permitted to be given by either party hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows:

Bannock County (Surveyor Information) Commissioner’s Office 624 East Center, Room 101 Pocatello, Idaho 83201

Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner provide by Section 4 (Notices) herein.

5. INDEPENDENT CONTRACTOR RELATIONSHIP: The parties agree that SURVEYOR is the independent SURVEYOR of COUNTY and in no way an employee or agent of COUNTY and is not entitled to workers compensation or any benefit of employment with the COUNTY. COUNTY shall have no control over the performance of this Agreement by SURVEYOR or its employees, except to specify the time and place of performance, and the results to be achieved. COUNTY shall have no responsibility for security or protection of SURVEYOR'S supplies or equipment. SURVEYOR agrees to pay and be responsible for all taxes due from the compensation received under this contract.

6. FEDERAL, STATE, AND LOCAL PAYROLL TAXES: Neither federal, state or local income taxes, nor payroll taxes of any kind shall be withheld and paid by COUNTY on behalf of SURVEYOR or the employees of SURVEYOR. SURVEYOR shall not be treated as an employee with respect to the services performed hereunder for federal or state tax purposes. SURVEYOR understands that SURVEYOR is responsible to pay, according to law, SURVEYOR's income tax. SURVEYOR further understands that SURVEYOR may be liable for self-employment (Social Security) tax to be paid by SURVEYOR according to law.

7. FRINGE BENEFITS: Because SURVEYOR is engaged in its own independently established business, SURVEYOR is not eligible for, and shall not participate in, any employee pension, health, or other fringe benefit plans of COUNTY.

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8. WORKER'S COMPENSATION: SURVEYOR shall maintain in full force and effect worker's compensation for SURVEYOR and any agents, employees, and staff that the SURVEYOR may employ, and provide proof to COUNTY of such coverage or that such worker's compensation insurance is not required under the circumstances.

9. EQUIPMENT, TOOLS, MATERIALS OR SUPPLIES: SURVEYOR shall supply, at SURVEYOR's sole expense, all equipment, tools, materials and/or supplies to accomplish the services to be provided herein.

10. ASSIGNMENT: It is expressly agreed and understood by the parties hereto, that SURVEYOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of COUNTY.

11. LICENSE AND LAW: SURVEYOR represents that they possess the skill and experience necessary and all licenses required to perform the services under their agreement. SURVEYOR further agrees to comply with all applicable laws in the performance of the services hereunder and shall notify COUNTY ten (10) days prior to cancellation of said license. Violations of statute, unethical behavior, unprofessional conduct, or any actions which discredit or dishonor the COUNTY may be grounds to terminate this contract.

12. ANTI-BOYCOTT: If this Agreement has a total potential value of $100,000 or more and if SURVEYOR is a company with ten (10) or more employees, then pursuant to Idaho Code §67-2346, SURVEYOR affirmatively states that it does not boycott Israel and will not boycott Israel during the term of this Agreement. In this paragraph, the terms “company” and “boycott Israel” shall have the meanings described in Idaho Code §67- 2346.

13. CHANGES: COUNTY may, from time to time, request changes in the services to be performed hereunder. Such changes, and any increase or decrease in SURVEYOR’S compensation, shall be effective only if they are in the form of mutually executed written amendments to this Agreement.

14. NON-APPROPRIATION: Expenditures not appropriated by COUNTY in its current fiscal year budget are deemed to be contingent liabilities only and are subject to appropriation in subsequent fiscal year budgets. In the event no funds or insufficient funds are appropriated and budgeted in any subsequent fiscal period by COUNTY for performance under this Agreement, COUNTY shall notify the other party(ies) and this Agreement shall terminate. Payments under this agreement shall be completed to the date of notification, except that no payment shall be made or due under this Agreement beyond those amounts appropriated and budgeted by COUNTY to fund payments under this Agreement.

15. TERMINATION FOR CAUSE: If, through any cause, SURVEYOR shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if SURVEYOR shall violate any of the covenants, agreements, or stipulations, of this Agreement, COUNTY shall thereupon have the right to terminate this Agreement by giving written notice to SURVEYOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination, If this Agreement is terminated for cause, SURVEYOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder.

Notwithstanding the above, SURVEYOR shall not be relieved of liability to COUNTY for damages sustained by COUNTY by virtue of any breach of this Agreement by SURVEYOR, and COUNTY may withhold any payments to SURVEYOR for the purposes of set-off until such time as the exact amount of damages due COUNTY from SURVEYOR is determined. This provision shall survive the termination of this Agreement and shall not relieve SURVEYOR of its liability to COUNTY for damages.

16. TERMINATION FOR CONVENIENCE: Either COUNTY or SURVEYOR may terminate this Agreement at any time by giving at least fifteen (15) days’ notice in writing. If the Agreement is terminated by COUNTY as provided herein, SURVEYOR will be paid an amount which bears the same ratio to the total compensation as the work actually performed bear to the total services of SURVEYOR covered by this Agreement, less payments of compensation previously made. If this Agreement is terminated due to the fault of SURVEYOR, Section 17 (Termination for Cause) hereof relative to termination will apply.

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17. INDEMNIFICATION: SURVEYOR agrees to indemnify, defend, and hold harmless COUNTY, 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 SURVEYOR, SURVEYOR's agents, employees, or representatives under this Agreement.

18. INSURANCE: SURVEYOR agrees to obtain and keep in force during its acts under this Agreement a comprehensive Commercial General Liability Insurance policy in the minimum amount of $1,000,000 each occurrence $2,000,000 in the aggregate and Automobile Liability Insurance in the minimum amount of $500,000 each accident, which shall name and protect SURVEYOR, all SURVEYOR's employees, COUNTY, 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 SURVEYOR's acts. SURVEYOR shall provide proof of liability coverage as set forth above to COUNTY prior to commencing its performance as herein provided, and require insurer to notify COUNTY ten (10) days prior to cancellation of said policy.

19. NONWAIVER: Failure of either party to exercise any of the rights under their Agreement, or breach thereof, shall not be deemed to be a waiver of such right or a waiver of any subsequent breach.

20. CHOICE OF LAW: Any dispute under their Agreement, or related to their Agreement, shall be decided in accordance with the laws of the state of Idaho.

21. SEVERABILITY: If any part of this Agreement is held unenforceable, the remaining portions of the Agreement will nevertheless remain in full force and effect.

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

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