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Service Solicited - 2025 - Electrical Controls and Instrumentation LLC - Electrical Inspector Services CITY OF EAGLE AGREEMENT FOR ELECTRICAL INSPECTOR SERVICES THIS CITY OF EAGLE AGREEMENT FOR ELECTRICAL INSPECTOR SERVICES ("Agreement") is made effective as of November 17, 2025 (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 desires to retain 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, Contractor desires 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. WHEREAS, the Idaho Legislature during its 2021 legislative session passed an act, codified at Idaho Code § 67-2346, requiring public entities of the State of Idaho to include in certain contracts for services (including any renewals of such contracts) a written certification that the Vendor/Contractor is not currently engaged in and will not for the duration of the contract engage in a boycott of goods or services from Israel or territories under its control. 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 Electrical Inspector. Electrical Controls and Instrumentals, LLC, 1300 N. Autumn Wind Dr., Nampa, Idaho shall be appointed CITY OF EAGLE AGREEMENT FOR ELECTRICAL INSPECTOR SERVICES Page 1 of 5 Electrical Inspector for the City of Eagle as of the Effective Date, subject to the terms of this Agreement. 3. 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: 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. 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. 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, 2026. 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 Agreement at any time by giving thirty (30) days written notice to the other party of such termination. CITY OF EAGLE AGREEMENT FOR ELECTRICAL INSPECTOR SERVICES Page 2 of 5 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 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. 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. CITY OF EAGLE AGREEMENT FOR ELECTRICAL INSPECTOR SERVICES Page 3 of 5 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 Electrical Controls and Instrumentation, City of Eagle LLC 660 E. Civic Lane 1300 N. Autumn Wind Dr. Eagle, ID 83616 Nampa, ID 83687 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. Statutory Certifications. In accordance with Idaho Code Section 67-2359 Contractor hereby certifies that it is not owned or operated by the Government of China, as defined in said code section, and that during the Term of this Agreement it will not be owned or operated by the Government of China. In accordance with Idaho Code Section 67-2346 Contractor hereby certifies that it is not currently engaged in, and during the Term of this Agreement will not engage in, a boycott of goods and services from Israel or territories under its control as defined in said code section. 20. 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. CITY OF EAGLE AGREEMENT FOR ELECTRICAL INSPECTOR SERVICES Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first so indicated above. CITY: CONTRACTOR: By: By: rad Pike Shane Vigil Mayor President Electrical Controls and Instrumentation, LLC DATE: /'/(/ zs DATE:/). /0 ./ q;jgS''1lf 77111 F1j1 sts A TEST: .� `�•a,�a.,�G' :. Tracy orn = * • �' • x City Cerk - SEAL �� ��•.���'UKAti tD•"•♦0• •ti . .� .•o••• • '. ��'11�E 01= lV' 1111111/3 qq tttt CITY OF EAGLE AGREEMENT FOR ELECTRICAL INSPECTOR SERVICES Page 5 of 5