Independent Contractor Agreement with Exhibit.pdf
PDF 140 KB Posted
- Solicitation number
- PE-66087-NONST-2026-000000012
- Issued by
- Mitchell County, Georgia
About this file
This is an Independent Contractor Agreement template executed between the City of Madison, Georgia, and an independent contractor to perform services as described in Exhibit "A." The agreement establishes the terms under which a contractor will provide specified work for the City, with the contractor responsible for safe equipment operation, facility security, and timely performance. The contract requires the contractor to perform services at times and in the manner agreed upon by both parties, with the City providing a place of performance and potentially furnishing equipment, though the contractor must supply any additional equipment necessary. The agreement does not specify response dates, due dates, site visits, or bidder meetings, as this is a template document rather than a solicitation for a specific project.
Compensation terms are to be completed by the parties and specified in the agreement or in Exhibit "B," with payment due for all services performed. The contractor is classified as an independent contractor rather than an employee, responsible for all self-employment taxes, Social Security payments, and federal and state income tax filings, with the City issuing an IRS Form 1099-MISC. Either party may terminate the agreement without cause by providing thirty days' written notice, or the City may terminate immediately if the contractor's conduct is deemed detrimental to the City. The contractor must indemnify and hold the City harmless from any claims, liabilities, or damages arising from the contractor's performance. The agreement is governed by Georgia law and disputes shall be resolved in the Superior Court of Morgan County, Georgia.
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Text version
STATE OF GEORIGA
COUNTY OF MORGAN
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT is made this _____ day of ________________, 201_, between the CITY OF MADISON, GEORGIA, (“City”) and (Contractor”). City and Contractor are hereinafter collectively referred to as the “Parties.”
WHEREAS, City desires to obtain the services of qualified individuals to perform the “Work as described in Exhibit “A” attached hereto and incorporated herein services for the City.
NOW, THEREFORE, in consideration of the mutual promises contained herein, it is hereby agreed as follows:
1. Duties of Contractor. Contractor agrees to perform the services listed above and those listed in Exhibit “A,” if applicable.
1.1 It is understood and agreed that Contractor shall be responsible for the safe operation of any equipment utilized by Contractor.
1.2 If keys for any facility have been provided to Contractor, Contractor shall be responsible for unlocking and inspecting facilities and reporting any safety concerns to City in a timely fashion.
1.3 Upon completion of the event/job, Contractor shall be responsible for locking the facility and securing any equipment used.
1.4 Contractor agrees to perform services at such times and in such a manner as agreed upon between both Contractor and City.
2. Duties of City.
2.1 City agrees to pay Contractor in accordance with Section 3 of this Agreement.
2.2 City agrees to furnish to Contractor a place to perform instruction and may provide equipment to perform services. To the extent City does not make available such equipment, Contractor agrees to supply equipment as necessary.
3. Compensation. The City shall pay the Contractor the amount of all services performed. Any additional terms of compensation shall be agreed to by both parties in writing and attached hereto as Exhibit “B” and incorporated herein by reference.
4. Termination.
4.1 This Agreement may be terminated by either party without cause upon giving the other party thirty (30) days written notice.
4.2 City may terminate this Agreement immediately, without notice, if City deems Contractor’s conduct to be detrimental to City, its employees, or its citizens.
4.3 Payment due at the time of termination shall be pro-rated for the amount of services actually provided.
5. Notices. All notices and communication provided for under this Agreement shall be in writing and sent by regular mail to the following addresses:
City: _______________________________
132 North Main Street Madison, Georgia 30025
Copy: Anthony O. L. Powell
POWELL & CROWLEY, LLP
P.O. Box 1390 Lawrenceville, Georgia 30046
Contractor: Address listed below.
6. Independent Contractor Relationship. This agreement is not a contract of employment. No relationship of employer and employee exists between City and Contractor, or between City and any employee or agent of Contractor. Contractor is not authorized to bind City to any agreements or obligations. City shall not be liable for any acts of Contractor, Contractor’s employees, or Contractor’s agents in performing the duties described in this Agreement.
6.1 Contractor shall be solely responsible for his or her own social security payments as well as filing his or her own estimated income taxes and final federal and state income tax returns.
6.2 City will provide Contractor with an IRS approved 1099-MISC in accordance with the guidelines established by that agency.
7. Indemnity. Contractor agrees to indemnify and hold City harmless from any claim, suit, cause of action, liability, or damage arising from Contractor’s performance of this Agreement, including but not limited to reasonable attorney’s fees, court costs, and expenses actually incurred in such action, proceeding, or as the result of any claim, suit, or damage. This includes claims, suits, causes of action, liability, and damage arising directly or indirectly from the performance of this Agreement by Contractor, its agents, sub-leases, assigns, employees, or invitees, including but not limited to Contractor’s use of the facilities, acts or omissions of Contractor, Contractor’s employees and agents, and any incident beyond City’s control, including but not limited to acts of nature, crimes of violence, and acts or omissions by any third party.
8. Miscellaneous Provisions.
8.1 Time. Time is of the essence of this Agreement.
8.2 Severability. If any provision of this Agreement or the application thereof to any entity or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to any other entity or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
8.3 Amendment. Neither this Agreement nor any provision or exhibit hereof may be modified, changed, waived, discharged, or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge, or termination is sought.
8.4 Construction. No provision of this Agreement shall be construed against or interpreted to the disadvantage of either City or Contractor by any court or other governmental or judicial authority by reason of such party having or being deemed to have structured or dictated such provision.
8.5 Binding Effect. This Agreement shall be binding upon the heirs, successors, and assigns of the parties hereto.
8.6 Assignment. This Agreement may not be assigned by Contractor without the express written consent of City.
8.7 Entire Agreement. This Agreement and its Exhibits constitute the entire agreement between City and Contractor.
8.8 Choice of Law/Forum Selection. This Agreement and the obligations of the City and Contractor hereunder shall be interpreted, construed, and enforced in accordance with the Laws of the State of Georgia. Disputes arising out of this Agreement shall be heard in the Superior Court of Morgan County, Georgia. City and Contractor agree that jurisdiction and venue are proper in the Superior Court of Morgan County, Georgia.
8.9 Acknowledgement of Understanding and Receipt. Contractor has read and understands this Agreement and has received a copy of this Agreement.
ENTERED INTO this _____ day of __________, 20____.
CITY OF MADISON, GEORGIA
By:
Name:
Title: Mayor
Attest:
By:
Title: City Clerk
Approved As To Form :
Title:
CONTRACTOR
Name:
Tax ID/SS#:
Address:
Telephone:
EXHIBIT “A”
ADDITIONAL DESCRIPTION OF CONTRACTED WORK
Initials: City:
Contractor:
EXHIBIT “B”
ADDITIONAL TERMS OF COMPENSATION
Initials: City:
Contractor:
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