Independent Contractor - 2017 - Plumbing Inspector Services - 9/7/2017OR!WNAL
CITY OF EAGLE AGREEMENT FOR
PLUMBING INSPECTOR SERVICES
THIS CITY OF EAGLE AGREEMENT FOR PLUMBING INSPECTOR
SERVICES ("Agreement") is made on this 7z day of F� . , 2017, by and
between the City of Eagle, an Idaho munici/al corporation (" qty"), and Dennis Holte,
d/b/a DMH Enterprises, an individual and Idaho licensed Plumbing Inspector
("Contractor"). The City and Contractor are collectively referred to herein as the
"Parties."
RECITALS
WHEREAS, the City of Eagle adopted the Uniform Plumbing Code, published by
the International Conference of Building Officials, for regulating the erection,
installation, alteration, repair, relocation, replacement, addition to, use, or maintenance of
plumbing systems within the City of Eagle; and
WHEREAS, the City desires to retain Contractor to enforce all code regulations
as specified in the Uniform Plumbing Code and any City Ordinance as they pertain to
plumbing matters; and
WHEREAS, Contractor desires to act as an independent contractor to perform
inspection and other services related to enforcement of the Uniform Plumbing 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 Plumbing Inspector. Dennis Holte, d/b/a DMH
Enterprises, 1116 Dawn Dr., Boise, Idaho, shall be appointed Plumbing Inspector for the
City of Eagle subject to the terms of this Agreement. Contractor shall enforce all code
regulations as specified in the Uniform Plumbing Code and any City ordinances as they
pertain to plumbing matters.
2. Fee. The fee payable by the City to Contractor shall be according to the
value placed on the plumbing 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. Contractor
CITY OF EAGLE AGREEMENT FOR PLUMBING INSPECTOR SERVICES
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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.
4. Term and Termination. This Agreement shall commence from the date
indicated below and terminate on September 30, 2018. The Agreement may be renewed
by the parties in writing for one year intervals from October 1 to September 30
corresponding to the 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
CITY OF EAGLE AGREEMENT FOR PLUMBING INSPECTOR SERVICES
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forfeiture or termination of this Agreement. The venue for any dispute shall be the Fourth
Judicial District of the State of Idaho.
12. 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 request for copies of
documents or information subject to the Idaho Public Records Act with the City Clerk
and the City Attorney.
13. 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.
14. 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 Dennis Holte,
City of Eagle d/b/a DMH Enterprises
660 E. Civic Lane 1116 N. Dawn Dr.
Eagle, ID 83616 Boise, ID 83713
15. 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.
16. 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.
[signatures appear on next page]
CITY OF EAGLE AGREEMENT FOR PLUMBING INSPECTOR SERVICES
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CITY: CONTRACTOR:
By: 1
Stan Ridgeway
Mayor
ATTEST:
Sharon K. Bergmann
City Clerk/Treasurer
By:
Dennis Holte
d/b/a DMH Enterprises
CITY OF EAGLE AGREEMENT FOR PLUMBING INSPECTOR SERVICES
Page 4 of 4
(Rev. December 2014)
Department of the Treasury
Internal Revenue Service
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
Request for Taxpayer
Identification Number and Certification
Dennis Nolte
2 Business name/disregarded entity name, if different from above
DMH Enterprises
3 Check appropriate box for federal tax classification; check only one of the following seven boxes:
Individual/sole proprietor or 0 C Corporation 0 S Corporation 0 Partnership
single -member LLC
❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ►
❑ Trust/estate
Note. For a single -member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for
the tax classification of the single -member owner.
❑ Other see instructions) I,-
5
5 Address (number, street, and apt. or suite no.)
1116 N. Dawn Dr.
6 City, state, and ZIP code
Boise Id. 83713
7 List account number(s) here (optional)
Give Form to the
requester. Do not
send to the IRS.
4 Exemptions (codas apply only to
certain entities, not individuals; see
instructions on page 3):
Exempt payee code (rf any)
Exemption from FATCA reporting
code if any)
(Applies to acccwJk meriteiied outside the U.S.)
Requester's name and address (optional)
Taxpayer Identification Number (TIN)
Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid
backup withholding. For Individuals, this is generally your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN on page 3.
Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for
guidelines on whose number to enter.
Part
Part II
Certification
j Social security number
ii-111 ii
or
1 Employer identification number
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (If any) Indicating that I am exempt
Certification instructions. You must cross out item 2 above if you have been
because you have failed to report all interest and dividends on your tax retum.
interest paid, acquisition or abandonment of secured property, cancellation of
generally, payments other than interest and dividends, you are not required to
instructions on page 3.
Sign I Signature of
Here U.S. person Ir.
General Instructions
Section references are to the Intemal Revenue Code unless otherwise noted.
Future developments. Information about developments affecting Form W-9 (such
as legislation enacted after we release it) is at www.irs.gov/fw9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information
retum with the IRS must obtain your correct taxpayer identification number (TIN)
which may be your social security number (SSN), individual taxpayer identification
number OT1N), adoption taxpayer Identification number (ATIN), or employer
identification number (EIN), to report on an Information retum the amount paid to
you, or other amount reportable on an information retum. Examples of information
returns Include, but are not limited to, the following:
• Form 1099 -INT (interest earned or paid)
• Form 1099 -DIV (dividends, including those from stocks or mutual funds)
• Forrn 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-8 (stock or mutual fund sales and certain other transactions by
brokers)
• Form 1099-8 (proceeds from real estate transactions)
• Forrn 1099-1( (merchant card and third party network transactions)
from FATCA reporting is correct.
notified by the IRS that you are currently subject to backup withholding
For real estate transactions, item 2 does not apply. For mortgage
debt, contributions to an Individual retirement arrangement (IRA), and
sign the certification, but you must provide your correct TIN. See the
Date ► 1
• Form 1098 (home mortgage interest), 1098-E (student ban interest), 1098-T
(tuition)
• Form 1099-C (canceled debt)
• Form 1089-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident alien), to
provide your correct TIN.
ff you do not return Form W-9 to the requester with a TIN, you might be subject
to backup withholding. See What is backup withholding? on page 2.
By signing the filled -out form, you:
1. Certify that the TiN you are giving is correct (or you are waiting for a number
to be issued),
2, Certify that you are riot subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt payee. If
applicable, you are also certifying that as a U.S. person, your allocable share of
any partnership income from a U.S. trade or business is not subject to the
withholding tax on foreign partners' share of effectively connected income, and
4. Certify that FATCA code(s) entered on this form (d any) indicating that you are
exempt from the FATCA reporting, is correct. See What is FATCA reporting? on
page 2 for further Information.
Cat. No. 10231X Form W-9 (Rev. 12-2014)