Independent Contractor - 2017 - Electrical Inspection Services - 10/1/2017CITY OF EAGLE AGREEMENT FOR
ELECTRICAL INSPECTOR SERVICES
THIS CITY OF EAGLE AGREEMENT FOR ELECTRICAL INSPECTOR
SERVICES ("Agreement") is made effective as of October 1, 2017 (the "Effective Date"),
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 retained Contractor to enforce all code regulations as
specified in the National Electrical Code and any City Ordinance as they pertain to
electrical matters by Agreement executed 23 September, 2014 (the "2014 Agreement");
and
WHEREAS, although the 2014 Agreement terminated on September 30, 2015, the
Parties have continued to operate as though such Agreement has not expired, with
Contractor performing work pursuant to the terms of the 2014 Agreement from October 1,
2015 and continuing to date; and
WHEREAS, the City desires to formally renew its contractual relationship with
Contractor to be effective retroactively to October 1, 2015, on the terms and conditions set
forth herein; and
WHEREAS, Contractor desires to continue 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 as of the Effective Date, 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:
CITY OF EAGLE AGREEMENT FOR ELECTRICAL INSPECTOR SERVICES
Page 1 of 4
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
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 above and end on September 30, 2018. The Agreement may be renewed for
additional one year periods commencing October 1, 2015, and annually thereafter, subject
to the City Council's decision to make an appropriation in the budget for such services.
Upon renewal, all of the terms of this Agreement shall remain in effect unless amended in
writing; and any 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
CITY OF EAGLE AGREEMENT FOR ELECTRICAL INSPECTOR SERVICES
Page 2 of 4
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. 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 Electrical Controls and Instrumentation,
City of Eagle LLC
660 E. Civic Lane 1300 N. Autumn Wind Dr.
Eagle, ID 83616 Nampa, ID 83687
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.
CITY OF EAGLE AGREEMENT FOR ELECTRICAL INSPECTOR SERVICES
Page 3 of 4
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.
CITY:
G
By:
Stan Ridgeway
Mayor
DATE: 9—v. 6 4 7
ATTEST:
Sharon K. Bergmann
City Clerk/Treasurer
••AC4t
•O •
• •I •
4g s
0000000000000000000
1rEoI
DATE:
Shane Vigil
President
Electrical Controls and
Instrumentation, LLC
CITY OF EAGLE AGREEMENT FOR ELECTRICAL INSPECTOR SERVICES
Page 4 of 4