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Independent Contractor - 2018 - Independent Contract / Permit Technician - 11/26/2018CITY OF EAGLE AGREEMENT FOR PERMIT TECHNICIAN SERVICES THIS CITY OF EAGLE AGREEMENT FOR PERMIT TECHNICIAN SERVICES ("Agreement") is made on this day of November, 2018, by and between the City of Eagle, an Idaho municipal corporation ("City"), and Molly Thurston a certified permit technician. 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 a Contractor to process permit applications and prepare daily building inspection list for building inspectors. As outlined in City Ordinance as they pertain to building matters; and WHEREAS, Contractor desires to act as an independent contractor to perform permit technician duties and other services related to inspections and permitting 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 A Permit Technician. Molly Thurston, 12238 W. Palm Dr. Boise, Idaho 83713 shall be appointed as a permit technician for the City of Eagle subject to the terms of this Agreement. Contractor shall enforce all code regulations as specified in any City ordinances as they pertain to building permit matters. 2. Fee and Duties. The fee payable by the City to Contractor shall be nineteen dollars and .56 cents ($19.56) per hour, not to exceed 15 hours per week. Payment shall be paid monthly. The City does not guarantee any stated or minimum amount of fees for the Contractor. Duties include processing; Emailed Permit Applications, Online Inspection Request and Preparing Building Inspector Lists. 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 CITY OF EAGLE AGREEMENT FOR PERMIT TECH SERVICES Page 1 of 4 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 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. CITY OF EAGLE AGREEMENT FOR PERMIT TECH SERVICES Page 2 of CITY: CONTRACTOR: B Stan Ridgeway Mayor ATTEST: �tiv .cs� b„-G/i i/L/ Sharon K. Bergmann J City Clerk/Treasurer By: 1) I�r Molly Tliub-ston CITY OF EAGLE AGREEMENT FOR PERMIT TECH SERVICES Page4of4 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. Com: Contractor: City Clerk Molly Thurston City of Eagle 12238 W. Palm Drive. 660 E. Civic Lane Boise, ID 83713 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] CITY OF EAGLE AGREEMENT FOR PERMIT TECH SERVICES Page 3 of Tracy Osborn From: Molly Thurston Sent: Monday, January 28, 2019 7:42 PM To: Tracy Osborn; Sheri Horton Subject: Hello! Good Evening!! I just wanted to let you both know that I gave Steve my 30 -day notice per my contract so my last day will be February 28th I originally left there so I could be home with my babies and focus my time on them. I didn't expect this position to be as time consuming as it has been. If you need anything else or have any questions please let me know. Thank you! 'roily Thurston Peru!. Tech r tt ai Eagle 1