Independent Contractor - 2012 - Mechanical Inspection Services - 10/1/2012 AGREEMENT OF SERVICES
THIS AGREEMENT made on this ` day of oUd7,f 2,2012 between the
City of Eagle, an Idaho municipal corporation and RIMI INC., of Mountain Home, Idaho,
a licensed Mechanical Inspector.
WHEREAS, the City of Eagle adopted the International Mechanical Code,
published by the International Conference of Building Officials, for regulating the design,
construction, quality of materials, erection, installation, alteration, location, relocation,
replacement, addition to, use or maintenance of heating, ventilating, cooling, refrigeration
systems, incinerators, or other miscellaneous heat-producing appliances in the City of
Eagle. The Mechanical Inspector shall enforce all code regulations as specified in the
International Mechanical Codes and any City Ordinance as they pertain to mechanical
matters.
WHEREAS, the Mechanical Inspector is an independent contractor and not an
employee of the City of Eagle and shall be responsible for all liability insurance,
workman's compensation insurance and taxes.
NOW, THEREFORE, for and in consideration of the mutual promises contained
herein, the parties agree to the following:
1. RIMI Inc., 1105 N. W. Bluegrass Circle, Mountain Home, Idaho shall be
appointed Mechanical Inspector for the City of Eagle, Idaho.
2. The fee payable by the City of Eagle to RIMI, Inc., shall be according to
the value placed on the mechanical permits, and upon the following pay
schedule.
A. 55% of the permit fees collected. Payment to be made to RIMI,
Inc., for this service shall be paid monthly.
3. The parties agree that Contractor is an independent contractor of the City
and is no way an employee of the City and is not entitled to workers
compensation or any benefit of employment with the City. The City shall
have no control over the performance of this Agreement by Contractor
except to specify that the performance be timely and in accordance with
the federal, state, and local laws and ordinances; and Contractor retains the
right to perform services for others during the term of this Agreement.
The City shall have no responsibility for the acquisition or security of
Contractor's supplies or equipment. The Contractor assumes full and sole
responsibility for payment of state and federal income tax, withholdings,
social security, and other payroll taxes on any income attributable to the
contractor arising from compensation provided under this Agreement.
AGREEMENT FOR MECHANICAL INSPECTOR—Page 1
4. Either party can terminate this working agreement upon thirty (30) days
written notice to the other party. Each party shall provide the other party
prompt written notice of any change of address or telephone number.
5. Contractor recognizes that this agreement is one for personal services and
cannot be transferred, assigned or assumed without prior written consent
of the City of Eagle.
6. Any modification of this Agreement or additional obligation assumed by
either party in connection with this agreement shall be binding only if in
writing and signed by each party.
7. 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. Venue over this Agreement shall be proper in the Fourth
Judicial District of the State of Idaho.
DATED this 3 day of C 2012.
CITY: CONTRACTOR:
//
By: p, �" . �LL:� By:
James D. Reynol4! T y Medley
Mayor President
RIMI, Inc.
ATTEST:
•
Sharon K. Bergmann ''� PG LI
City Clerk
(SEAL) E-. e P.•
USw
�� S T KC;�:o:
•
AGREEMENT FOR MECHANICAL INSPECTOR—Page 2