Independent Contractor - 2022 - Mechanical Inspector Services - Terry Medley, RIMI, Inc. - 1/24/2022 CITY OF EAGLE AGREEMENT FOR
MECHANICAL INSPECTOR SERVICES
THIS CITY OF EAGLE AGREEMENT FOR MECHANICAL INSPECTOR
SERVICES ("Agreement") is made effective as of January oN, 2022 (the "Effective
Date"), by and between the City of Eagle, an Idaho municipal corporation ("City"), and
RIMI, Inc., an Idaho corporation and Idaho licensed Mechanical Inspector
("Contractor"). The City and Contractor are collectively referred to herein as the
"Parties."
RECITALS
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; and
WHEREAS, the City desires to retain Contractor to enforce all code regulations
as specified in the International Mechanical Code and any City Ordinance as they pertain
to mechanical matters; and
WHEREAS, Contractor desires to act as an independent contractor to perform
mechanical inspection, back-up residential plans reviewer and other services related to
enforcement of the International Mechanical Code and related ordinances as adopted by
City.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual promises contained
herein, the Parties agree to the following:
1. Incorporation of Recitals. The above Recitals are a material part of this
Agreement and are incorporated as though they were fully set forth herein.
2. Appointment of Mechanical Inspector and Back-Up Residential Plans
Reviewer. RIMI, Inc., 12160 W. New Hope Rd., Star, Idaho, shall be appointed
Mechanical Inspector and Back-Up Residential Plans Reviewer for the City of Eagle
subject to the terms of this Agreement. Contractor shall enforce all code regulations as
specified in the International Mechanical Code and any City ordinances as they pertain to
mechanical matters. Contractor shall also enforce all regulations as specified in the
International Residential Code as adopted by City and any City ordinances as they pertain
to residential building permits.
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3. Fee. The fee payable by the City to Contractor shall be according to the
value placed on the mechanical permits, and upon the following pay schedule:
A. For mechanical inspections, the fee shall be according to the value
placed on the mechanical permits. Contractor shall be paid sixty percent (60%) of
the permit fees collected.
B. For residential plans reviews, Contractor shall be paid twenty-five
percent (25%) of the plan review fees collected.
C. Payment shall be paid monthly. The City does not guarantee any
stated or minimum amount of fees for the Contractor.
4. 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. Contractor
agrees to be responsible for all liability insurance, worker's compensation insurance and
taxes. 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.
5. Criminal Background Check. As a condition of this Agreement,
Contractor agrees to submit to a criminal background check. All criminal background
checks are currently being performed by the Idaho State Police. All background checks
fingerprint cards will be obtained at the City Clerk's office and will be the responsibility
of the Contractor to obtain finger prints at Idaho State Police office in Meridian, Idaho.
Contractor is also responsible for paying fingerprint fee. Contractor shall be responsible
for fingerprint background checks for any of its employees performing work under this
Agreement. Services to be performed by Contractor under this Agreement shall not begin
until all criminal background checks are completed and approved by the City. The
background check fee invoiced to the City by the Idaho State Police will be held from the
Contractor's first payment from the City.
6. Term. This Agreement shall commence from the Effective Date indicated
above and end on September 30, 2022. This Agreement may, at the City's sole
discretion, be renewed for additional one-year periods and subject to the City Council's
decision to make an appropriation in the budget for such services. Notwithstanding the
foregoing, the City reserves the right not to renew this Agreement for any reason. Upon
renewal, all the terms of this Agreement shall remain in effect unless amended in writing.
7. Termination. The City may terminate this Agreement immediately upon
any breach of performance specified in this Agreement by the Contractor or any violation
of State, Federal or local law. Either party shall have the right to terminate this
CITY OF EAGLE AGREEMENT FOR MECHANICAL INSPECTOR SERVICES
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Agreement at any time by giving thirty (30) days written notice to the other party of such
termination.
8. No Assignment. Contractor shall not transfer nor assign this Agreement
to any third party without prior written consent of the City.
9. 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.
10. 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.
11. Governing Law. This Agreement shall be governed by and construed
according to the laws of the State of Idaho.
12. Compliance with Laws. Contractor compagreesly to 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.
13. 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.
14. 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.
15. 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 regard 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 request for copies of
documents or information subject to the Idaho Public Records Act with the City Clerk
and the City Attorney.
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16. 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.
17. 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 RIMI, Inc.
City of Eagle 12160 W. New Hope Rd.
660 E. Civic Lane Star, ID 83669
Eagle, ID 83616
18. 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.
19. Approval. The City and Contractor each acknowledge that this
Agreement, even though agreed upon by the City's representatives, is not binding upon
City until such time as the Eagle City Council approves this Agreement and authorizes
the Mayor to execute this Agreement on behalf of the City. The representative of
Contractor represents that he/she is authorized to enter into this Agreement on behalf of
Contractor.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date first so indicated above.
[SIGNATURES NEXT PAGE]
CITY OF EAGLE AGREEMENT FOR MECHANICAL INSPECTOR SERVICES
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CITY: CONTRACTOR:
By: By:
1)---ason Pierce T Medley
Mayor President
RIMI, Inc.
DATE: 1 v3430aa- DATE: /—/20-
ATTEST:
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CITY OF EAGLE AGREEMENT FOR MECHANICAL INSPECTOR SERVICES
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