Independent Contractor - 2014 - Electrical Inspector Services - 9/23/2014 CITY OF EAGLE AGREEMENT FOR
ELECTRICAL INSPECTOR SERVICES
THIS CITY OF EAGLE AGREEMENT FOR ELECTRICAL INSPECTOR
SERVICES ("Agreement") is made on this a3 day of Se 4.,2 r i fit;2014, by and
between the City of Eagle, an Idaho municipal corporation ("City"), and Electrical
Controls and Instrumentation, LLC, an Idaho limited liability company and Idaho
licensed Electrical Inspector ("Contractor"). The City and Contractor are collectively
referred to herein as the "Parties."
RECITALS
WHEREAS, the City of Eagle adopted the National Electrical Code, published by
NFPA 70, for the regulation of the design, construction, quality of materials, erection,
installation, alteration, location, relocation, replacement, additions to, use or maintenance
of all electrical work in the City of Eagle; and
WHEREAS, the City desires to retain Contractor to enforce all code regulations
as specified in the National Electrical Code and any City Ordinance as they pertain to
electrical matters.
WHEREAS, Contractor desires to act as an independent contractor to perform
inspection and other services related to enforcement of the National Electrical Code and
related ordinances as adopted by City.
NOW, THEREFORE, for and in consideration of the mutual promises contained
herein, the Parties agree to the following:
1. Appointment of Electrical Inspector. Electrical Controls and
Instrumentals, LLC, 1300 N. Autumn Wind Dr., Nampa, Idaho shall be appointed
Electrical Inspector for the City of Eagle subject to the terms of this Agreement.
2. Fee. The fee payable by the City to Contractor shall be according to the
value placed on the electrical permits, and upon the following pay schedule:
A. 60% of the permit fees collected.
B. Payment shall be paid monthly. The City does not guarantee any
stated or minimum amount of fees for the Contractor.
3. Independent Contractor. The Parties agree that Contractor is an
independent contractor of the City and is in 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
CITY OF EAGLE AGREEMENT FOR ELECTRICAL INSPECTOR SERVICES
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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.
4. Term and Termination. This Agreement shall commence from the date
indicated below and terminate on September 30, 2015. The Agreement may be renewed
by the parties in writing for one year intervals from October 1 to September 30
corresponding to City's fiscal year; such renewal shall not prevent either party from
terminating this Agreement with thirty(30) days prior written notice to the other party.
5. Delegation of Duties. Contractor recognizes that this agreement is one
for personal services and cannot be transferred, assigned or assumed without prior written
consent of the City.
6. Indemnification. Contractor agrees to indemnify, defend, and hold
harmless City, 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 any act, performance or activity of Contractor, Contractor's
agents, employees, or representatives under this Agreement.
7. Entire Agreement. This is the entire Agreement between the parties, and
no representations or promises not set forth herein have been made by either party as an
inducement for entering into this Agreement. 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.
8. Governing Law. This Agreement shall be governed by and construed
according to the laws of the State of Idaho.
9. Compliance with Laws. Contractor agrees to comply with all local, state
and federal laws when performing under this Agreement. Specifically, Contractor
recognizes that the City is utilizing public funds and Contractor is required to conduct its
duties in a manner that is neutral in all respects.
10. Taxes. 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.
11. Attorney Fees. The parties agree that 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. The venue for any dispute shall be the Fourth
Judicial District of the State of Idaho.
12. Proprietary Rights.
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a. Contractor agrees that all Work Product, as defined herein, created
solely or jointly by Contractor, its employees, associates, or subcontractors, arising from
work performed hereunder, or previously conceived in anticipation of consulting work to
be performed in regard to the City's engagement of Contractor, shall be deemed "work
made for hire" and constitutes the joint property of Contractor and the City. Contractor
shall cause all of its employees, associates or subcontractors assisting in creating the
Work Product to acknowledge that the Work Product is "work made for hire" and the
joint property of the City and Contractor.
b. "Work Product" shall mean all documentation, manuals, teaching
material, creative works, pictures, graphics, data, know-how, prints, charts, computations,
drawings and information created on behalf of the City in whole or in part by Contractor
and all of its employees, associates and subcontractors assisting in creating the Work
Product within the scope of this Agreement, whether or not copyrightable or otherwise
protectable.
13. Records. Contractor shall keep full and accurate records of all work
performed under this Agreement. All records, sketches, drawings, prints, computations,
charts, reports and other documentation made in the course of the work performed
hereunder, or in anticipation of the work to be performed in regards to this Agreement,
shall at all times be and remain the joint property of the City and Contractor. Contractor
shall turn over to the City copies of such records upon request of the City. Contractor
shall abide by the Idaho Public Records Act, and coordinate any requeset for copies of
documents or information subject to the Idaho Public Records Act with the City Clerk
and the City Attorney.
14. Savings Clause. If any provision of this Agreement, or the application of
such provision to any person or circumstance, shall be held invalid, the remainder of this
Agreement, or the application of such provision to persons or circumstances other than
those as to which it is held invalid, shall not be affected thereby.
15. Notices. Any notices required under this Agreement shall be deemed
given upon the date of personal delivery or forty-eight (48) hours after deposit in the
United States mail, postage fully prepaid, return receipt requested addressed to the
individuals listed below. Each party shall provide the other party prompt written notice
of any change in address or telephone number.
City: Contractor:
City Clerk Electrical Controls and
Instrumentation, LLC
City of Eagle 133 N. Autumn Wind Dr.
660 E. Civic Lane Nampa, ID 83687
Eagle, ID 83616
CITY OF EAGLE AGREEMENT FOR ELECTRICAL INSPECTOR SERVICES
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16. No Waiver. No waiver of any breach by either party of the terms of this
Agreement shall be deemed a waiver of any subsequent breach of the Agreement.
17. Authorization. The undersigned representative of Contractor certifies
that s/he is an authorized agent of Contractor and has been duly authorized to bind
Contractor to the terms of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date first so indicated above.
CITY: CONTRACTOR:
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Bye A .a.iAL..1.,
By:_ - -- .1_ _.,
James D. • -y Mds Shane Vigil
Mayor President
Electrical Controls and
Instrumentation, LLC
ATTEST:
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Sharon K. Bergmann
City Clerk/Treasurer
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CITY OF EAGLE AGREEMENT FOR ELECTRICAL INSPECTOR SERVICES
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