Independent Contractor - 2018 - Plumbing Inspection Services - 9/26/2018CITY OF EAGLE AGREEMENT FOR
PLUMBING INSPECTOR SERVICES
THIS CITY OF EAGLE AGREEMENT FOR PLUMBING INSPECTOR
SERVICES ("Agreement") is made on this 26, day of ,crife,nber", 2018, by and
between the City of Eagle, an Idaho municipal corporation ('`City"), 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
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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, 2019. 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
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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 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.
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]
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CITY: CONTRACTOR:
By:
Stan Rf(d way
Mayor
ATTEST:
Sharon /• ergmann
City Clerk/Treasure,�'`,,OF �EA�G,,'�•,,
ieoRAT Z
: •o c�.
(�$E44
SENL,I
totrolthl,O
By:
Dennis Nolte
d/h/a DMH Enterprises
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