Independent Contractor - 2018 - Building Inspection Services / Rick Weinick - 10/9/2018CITY OF EAGLE AGREEMENT FOR
BUILDING INSPECTOR SERVICES
THIS CITY OF EAGLE AGREEMENT FORBUILDING INSPECTOR
SERVICES ("Agreement") is made on this 9,Qi day of-g-Wailar, 2018, by and between
the City of Eagle, an Idaho municipal corporation ("City"), and Rick Wenick, an individual
who is an Idaho licensed building inspector ("Contractor"). The City and Contractor are
collectively referred to herein as the "Parties."
RECITALS
WHEREAS, the City adopted the International Building Code ("IBC"), published
by the International Conference of Building Officials, for regulating the erection,
construction, conversion, occupancy, equipping, use, height, area and maintenance of all
buildings or structures in the City of Eagle; and
WHEREAS, the IBC, as adopted by the City, provides for issuance of permits and
collections of fees therefore;
WHEREAS, the City desires to retain Contractor to enforce all code regulations as
specified in the IBC and any City Ordinance as they pertain to building matters; and
WHEREAS, Contractor desires to act as an independent contractor to perform
inspection and other services related to enforcement of the IBC 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 Building Inspector. Rick Wenick, 3808 Patton St.,
Boise, Idaho, shall be appointed as a Building Inspector for the City of Eagle subject to the
terms of this Agreement. Contractor shall enforce all code regulations as specified in the
IBC and any City ordinances as they pertain to building matters.
2. Fee. The fee payable by the City to Contractor shall be fourteen dollars
($14.00) per inspection and forty percent (40%) of any re -inspection fees collected by the
City for inspections performed by Contractor. 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
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
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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
first indicated above 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
forfeiture or termination of this Agreement. The venue for any dispute shall be the Fourth
Judicial District of the State of Idaho.
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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 Rick Wenick
City of Eagle 3808 Patton St.
660 E. Civic Lane Boise, ID 83704
Eagle, ID 83616
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.
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:
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Stan Ridgeway
Mayor
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Sharon K. Bergmann
City Clerk/Treasurer
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Rick Wenick
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