HomeMy WebLinkAboutPersonal Service Agreement with RIMI, Inc. for mechanical inspections
~ .
RECEIVED
AUG 1 6 2004
PERSONAL SERVICES CONTRACT
City of Meridian
City Clerk Office
BE'IWEEN:
CITY OF MERIDIAN, IDAHO, an Idaho Municipal
Corporation, hereinafter "City"
AND:
DATED:
RIMI. 1Nc., an Idaho corporation, hereinafter
"Contractor."
This I6tlaay of fllu( U-& t
,2004.
PREMISES:
1.
Whereas, the City of Meridian provides mechanical inspection services and plan
reviews for structures constructed within the City of Meridian; and
2.
Whereas, the City desires to facilitate the provision of those services by using the
personal services ofRIMI, Inc.; and
3.
Whereas, the Contractor has been providing such services to the City and has
established a good reputation for the provision of such services, and is willing and
able to continue to provide such services; and
4.
Whereas, the City is authorized to obtain, by contract, the services necessary to
conduct plan reviews and mechanical inspections.
NOW, THEREFORE, the parties hereto agree as follows:
1.
Term. This contract shall become effective on the I" day of October, 2003, and
unless earlier terminated or extended, shall expire on or before September 30,
2004.
2.
Scope of Services. Contractor shall perform the necessary services in
accordance with the schedule as described on Exhibit "A" attached hereto and
herein incorporated by reference.
/1.'\ 3. Compliance With Applicable Law. Contractor shall comply with all Federal,
~ state, city, and local laws and ordinances applicable to the work under this
~ "¿; - contract, including, without limitation, the 1lL°.E!-!ilg!}§.c:!f!qRh° Administrative
7' Rules and the rules and interpretations oftht,~"'1Qfechanical Code and the
Ink rn4hti'l"~ Mechanical Code Standards, as well as all code regulations as specified
in the Meridian City Code and Ordinances.
C:\DOCUME-llsmithglLOCALS-l\Temp\RIMI lNe. for Personal Services Clean 07 20 04.doc
Page I
4.
5.
~
6.
Reporting. Contractor agrees to prepare and furnish such reports and data as
may be required by the City. Contractor agrees to, and does hereby grant the City
the right to reproduce, use and disclose for City purposes, all or any part of the
reports, data, technical information and client information furnished to the City
under this contract. Any information or data which comes into possession of
Contractor in connection with services provided under this agreement shall
become City information and shall not be disclosed by Contractor to anyone
outside the City, unless the requester complies with the Idaho Public Records Act.
Records Maintenance; Access. Contractor agrees that services provided
under this contract by Contractor, facilities used in conjunction with such
services, client records, Contractor's policies, procedures, performance data,
:ÃRaRGialRG9f11s, G9Ff1erate tax RGerEis and other similar documents and records
of Contractor that pertain, or may pertain, to services under this contract shall be
kept at the office space provided by City and shall be open for inspection by the
City, or its agents, at any reasonable time during business hours. Contractor Þ~
agrees to retain such records and documents for a period of ~ears, or such JU--
longer period as may be required by Idaho Code 50-907. \..~
Payment ofContraet and Inspection Fees sball be according to the vaJue
placed on the building permit and based upon the foUowing pay schedule:
(a)
75% of the permit fees for the first $30,000 in permit fees collected
annually.
(b)
60% of the permit fees between $30,000 to $45,000 in permit fees
collected annually.
(c)
50% of the permit fees between $45,000 to $60,000 in permit fees
collected annually.
(d)
40% of the permit fees between $60,000 to $75,000 in permit fees
collected annually.
(e)
40% of the permit fees over $75,000 in permit fees collected annually.
Notwithstanding the foregoing, whenever the Contractor's percentage of a permit
fee has a value of$l,OOO.oo or more, the inspection fee shall be negotiable
between the City of Meridian and the Contractor.
The City of Meridian agrees to provide office space, computers, telephone
system, inspection tags, permit notices, and clerical staff, as may be necessary for
Contractor to carry out the regulation of design, construction, quality of materials,
erection, installation, alteration, repair, location, relocation, replacement, addition
to, use of maintenance of heating, ventilating, cooling, refrigeration systems,
incinerators, or other miscellaneous heat-producing appliances, issuance of
C:\DOCUME-llsmithg\LOCALS-l\Temp\RIMI INC. for Personal Services Clean 07 20 04.doc
Page 2
permits, and collection offees, and to carry out all of the regulations, provisions,
conditions and terms ofthe Uniform Mechanical Code and the Uniform
Mechanical Code Standards, public assistance, and/or any other business
transactions that would need to be conducted by the Mechanical Inspector that are
directly related to providing services under this contract. If the Contractor desires
additional services that are not here in above provided by the City of Meridian,
then those additional services shall be at the sole cost and expense of the
Contractor.
7.
Termination
(a) All or part of this contract may be terminated by mutual consent of both
parties in writing.
(b) If Rodney L. Medley ceases to act as the Mechanical Inspector for the City
of Meridian, as outlined in number 8 here in below, then this contract shall
immediately be terminated and become null and void.
(c) In addition, City may terminate or modifY this contract, in whole or in
part, effective immediately upon delivery of written notice to Contractor, or at
such later date as may be established by City under the following conditions:
(i) If Federal or state regulations or guidelines are modified, changed,
or interpreted in such a way that the services are no longer allowable or
appropriate for purchase under this contract;
(ii) If any professional license, insurance, bond or certificate required
by law, regulation or this contract to be held by Contractor to provide the services
required by this contract, is for any reason denied, revoked, suspended, or not
renewed;
(iii) If City has evidence that Contractor in the course of its duties
herein has endangered or is endangering the health and safety of clients, residents,
staff or the public;
(iv) Falsification of records by Contractor,
(v) Failure of the Contractor to comply with the provisions of this
contract and all applicable Federal, state or local laws and rules, including
applicable building and mechanical codes and Idaho Administrative Rules.
(vi) If Contractor fails to provide services as set forth in Exhibit "A";
(vii) If Contractor fails to provide services called for by this contract
within the times specified on Exhibit "A";
(viii) If Contractor or its agents engage in ftaud, dishonesty, or any other
act of misconduct in the performance of this contract;
(ix) If continued or repeated justifiable, documented complaints are
made against Contractor or its agents for: (a) failure to provide services specified
on Exhibit "A"; or (b) perform their duties in a courteous and professional
manner;
C:\DOCUME-llsmithg\LOCALS-l\Temp\RIMI INC. for Personal Services Clean 07 20 04.doc
Page 3
(x) If Contractor becomes insolvent or should voluntarily or
involuntarily seek protection under the United States Bankruptcy Code.
(xi) If the City Council determines that termination of the contract is in
the best interests of the City.
(d) Time is of the essence of Contractor's perfonnance of each and every
obligation and duty under this Agreement. City, by written notice to Contractor
of default or breach may terminate the whole or part of this contract:
(i) If Contractor fails to provide services called for by this contract
within the time specified herein or any extension thereof; or
(ü) If Contractor fails to perform any of the provisions of this contract,
or so fails to pursue the work as to endanger performance of this contract in
accordance with its terms, and after receipt of written notice from City fails to
correct such failures within 14 calendar days or other period as specified.
The rights and remedies provided above are not exclusive and are in addition to any other
rights and remedies provided by law or under this contract. A waiver by City of any
rights, remedies or provisions provided in this contract or by law, is not a waiver by City
of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in
one instance constitute a waiver in any other instance or constitute a continuing waiver.
City shall not have to reinstate any provisions of this contract following a waiver for the
provision to be effective in any other instance.
8. Designated MechanicaJ Inspection OfficiaJ. RIMI, Inc. acknowledges that
Rodney L. Medley is designated as the licensed Mechanical Inspector for Contractor,
with the primary responsibility for providing and performing all duties required under
this contract for the City of Meridian. If for any reason Rodney L. Medley fails or ceases
to continue as the Mechanical Inspector for the City of Meridian, Contractor shall be
required to give notice to the City of Meridian.
9. Independent Contractor. Contractor is not an officer, employee or agent of
the City. Contractor is engaged as an independent contractor, and will be so deemed for
purposes ofthe following:
( a) Contractor will be responsible for payment of any Federal or state taxes
required as a result of this contract.
(b) Contractor is not entitled to any benefits generally granted to City
employees. Without limitation, but by way of illustration, the benefits which are
not intended to be extended by this contract to the Contractor are: vacation,
holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement
benefits.
(c) Contractor is an independent contractor for purposes of the Idaho
Worker's Compensation laws, and is solely liable for worker's compensation
coverage under this contract.
C:\DOCUME-llsmithg\LOCALS-l\Temp\RIMI INC. for Personal Services Clean 0720 04.doc
Page 4
(d) Substantially all necessary tools, equipment, supplies and all other
administrative support expenses will be furnished by the Contractor, except the
following:
i. Administration support expenses
ü. Office space with furniture
iii. Computer systems, including software and printers
iv. Wired telephone system
v. Inspection tags and notices
(e) Contractor will not be eligible for any Federal Social Security, State
Workman's Compensation or unemployment insurance payment ûom the City or
charged to City's account.
(f) In the event a review by the United States Government, the State ofIdaho,
or any agency determines that this agreement constitutes an employee-employer
relationship, the Contractor agrees to reimburse City for all employment costs as a
result of that determination.
10. Subcontracts and Assignments; Successors in Interest To insure the
appropriate, uninterrupted, adequate and timely service to the residents of the City of
Meridian, Contractor shall not enter into any contracts or subcontracts for any of the
work required by this contract, or assign or transfer any ofits interest in this contract,
without the prior written consent of the City. City may withhold its consent to
assignment, succession or other transfer of Contractor's rights and responsibilities under
this Contract, when City, in its reasonable discretion, determines that the proposed
assignment or transfer would not serve the bests interests of the citizens of Meridian.
The provisions of this contract shall be binding upon and shall inure to the benefit
of the parties hereto, and their respective successors and assigns, if any.
11. Transition. In the event this contract is terminated, or is not renewed or
~ extended, the parties agree that a period of transition will be necessary to assure adequate
"'^ At.... protectiOIyqfj\.1e public and continuity of service to contractors. Contractor agrees that
/.n-- r / for nin~days after termination Of~' eement, it will provide such services as
~ are requested : During the ninet ay period, City will compensate
J""~A..;) ~ontractor ~hour for each hour wor ed. Contractor will submit detailed
~v" billings, including time records containing: date, service, personnel information, and time
expended (recorded in one-quarter hour increments). Payment will be made no later than
the 151h of the month for billing statements submitted not later than the first day of that
month.
12.
Insurance and Bonding.
C:\DOCUME-llsmithg\LOCALS-l\Temp\RIMI INC. for Personal Services Clean 07 20 04.doc
Page 5
(a) General Liability Insurance. Contractor will have in place liability
coverage while serving the City pursuant to this contract. Contractor shall obtain
and, at all times, keep in effect comprehensive general liability insurance with a
combined single limit not less than $1,000,000 or the equivalent for property
damage and bodily injury or death. In the event a unilateral cancellation or
restriction by the insurance company of the insurance policy referred to in this
paragraph, Contractor shall immediately notüy City orally and then in writing
within three (3) days. City has the right to suspend portions or all of the services,
operations and duties due under this contract if Contractor's general liability
insurance is revoked, cancelled, expires or Contractor is otherwise without
general liability insurance. Contractor will be afforded a reasonable time to
obtain insurance. If Contractor can not obtain insurance within a reasonable time,
City may terminate this contract.
(b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's
expense, and maintain in effect during this Contract, Automobile Liability
Insurance with a combined single limit per occurrence of not less than $500,000.
In addition, Contractor shall obtain and maintain throughout the term of this
Contract, and any renewal thereof; Automobile Collision and Comprehensive
Insurance coverage on all vehicles owned or leased by Contractor which are used
to perform the service element under this contract. Collision and Comprehensive
coverage shall have amounts that will protect the interest of the City and
Contractor in case of damage or loss to vehicles while performing the services of
this Contract.
(c) AdditionaJ Insured. Contractor shall name the City, its officers,
employees, and agents as Additional Insured on any insurance policies required
herein only with respect to Contractor's activities being performed under this
Contract. Such insurance shall be evidenced by a Certificate ofInsurance, issued
by an insurance company licensed to do business in the State ofIdaho (ACORD
Form 27), containing a 30-day Notice of Cancellation endorsement and shall be
forwarded to City.
(d) Error and Omission Insurance. Contractor shall maintain error and
omission or professional liability insurance for the services under this contract in
an amount not less than $500,000.
(e) Proof of Insurance. Certificates of Insurance (ACORD Form 27 or
equivalent) shall be provided for all required coverages and furnished to,the
Public Works Director with a copy to the City Clerk.
13. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the
City, its officers, employees, agents, and members, ftom all claims, suits, actions or costs
including attorney fees and costs of defense resulting ftom or arising out of the work
performed under this contract and arising ftom the sole or joint negligence of the
Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save,
C:\DOCUME-l\smithg\LOCALS-l\Temp\RIMI INC. for Personal Services Clean 07 20 04.doc
Page 6
hold harmless and indeJ:I1llliY Contractor from all claims, suits, actions or costs, including
attorney fees and costs of defense resulting or arising out of this contract and arising fÌom
the sole negligence of City.
.II. ~t 14. FiBftBeittlf.udit ftBd ."..eeøuoHBg PreeeduFes. C9RtRlGl9r sbaU ¡;Im'.'iEle City
..4W " with all peFtiBeat Bnaaeial Elata aBà G9lJ1er-ate taK r-etæ:os as reliliElsteEi I3y City. City shall
"II\A..--" be peFH1itteå t9 øemhlet III1I1Hèit 9faBY aaà all efCaB1:rlletar's éntæeial àæa &t the C~'s
Iv "~
15. Nondiscrimination. Contractor agrees that it shall not discriminate against any
person in the performance of this contract, on the grounds ofrace, color, cree¡l, national
origin, sex, marital status, disability or age.
16. Attorney Fees. In the event an action, suit, or proceeding, including appeal
therefrom, is brought for failure to observe any of the terms of this contract, the non-
prevailing party shall be responsible for the prevailing party's attorney's fees, expenses,
costs, and disbursements for said action, suit, proceeding or appeal.
17. Governing Law; Jurisdiction; Venue. This contract shall be governed and
construed in accordance with the laws ofthe State ofIdaho without resort to any
jurisdiction's conflict of laws rules or doctrines. Any claim, action, suit or proceeding
between the City and Contractor that arises fÌom or relates to this contract shall be
brought and conducted solely and exclusively with the Fourth Judicial District Court of
Ada County for the State ofIdaho. Provided, however, if the claim must be brought in a
federal forum, then it shall be brought and conducted exclusively within the United States
District Court for Idaho.
18. Subject Employen. The Contractor, its subcontractors, if any, and all
employers working under this contract are subject employers under the Idaho Worker's
Compensation Law and shall comply with said law, which requires them to provide
worker's compensation coverage for all their subject workers.
19. Amendments. The terms of this Contract may be amended upon the mutual
consent of the parties. Contractor expressly agrees to amendments which may be
necessary from time to time to incorporate changes or provisions required by law or the
Division.
20. Severability. The terms of this Contract are severable and a determination by an
appropriate body having jurisdiction over the subject matter of this Contract that results
in the invalidity of any part, shall not affect the remainder of this Contract.
C:\DOCUME-llsmithglLOCALS-l\Temp\RIMI INC. for Personal Services Clean 07 20 04.doc
Page 7
Dated /3'1L- day of
/1 úý' /&S f-
,2004.
RIMI, INC.
RO4~~
CITY OF MERIDIAN
Attest:
, YOR
Û, ~ !'-I7-tJ4--
STATE OF IDAHO, )
: ss:
County of Ada, )
On this ~ day of (' u.>-O--~' . 2004, before me, the undersigned, a
Notary Public in and for said St~ed Rodney L. Medley, known or
identified to me to be the President ofRlMI, Inc., and whose name is subscribed to the
within instrument, and acknowledged to me that he executed the same for RIMI, Inc.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
(SEAL)
'_'~':':"""""""'"
i~J~:~;:,~~o~~~l;;~~\
if' ¡ "J..OTl\.Ry"\ ';
;! -1-( 8 ""'<= ~ '* ~
~ "ÞIJBL\G i i
'ì\ ,A~'. 00" () /i
"';~t,";.¡ :~~,o..o.~o_~:",:~~..~/J'
"i;¡",;:: OF ":'."'~'¡'
"'om",".'
C:\DOCUME-llsmithglLOCALS-l\Temp\RIMI INC. for Personal Services Clean 07 20 04.doc
Page 8
STATE OF IDAHO, )
: ss:
County of Ada, )
On this 17~y of ~ 2004, before me, the undersigned, a
Notary Public iiïïiñdfOr said State, persorlá1J.y appeared TAMMY de WEERD and
WILLIAM G. BERG, JR., known or identified to me to be the Mayor and City Clerk,
respectively, for the City of Meridian, and the persons whose names are subscribed to the
within instrument, and acknowledged to me that they executed the same on behalf of the
City of Meridian.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
(SEAL)
..,...""""""'-#.
,.~~\CB L. .I""'~#o.
, ...G-",F~ '...
!~ ~OT<4..t)- \'~' '\
¡ -.- h s
\.ft Þ{¡BL1C ;
\ v» :
~...¡¡., .....4li
"..._~ OF 11) ~.....,
-...........,
C:\DOCUME-llsmithglLOCALS-l\Temp\RIMI INC. for Personal Services Clean 07 20 04.00c
Page 9
EXHIBIT "A"
SERVICES TO BE PERFORMED BY RIMI, INC.
1. Computerized Permit Traeking Program. Contractor shall provide data and
input into the City of Meridian's computerized Mechanical Permit Tracking program.
All mechanical permit applications received shall be entered into the program and each
step of the mechanical permit process shall be entered into the computer as soon as
possible following completion of that step. Every reasonable attempt shall be made to
keep all entries current, however, the Mechanical Permit Tracking program shall never be
allowed to become more than two working days behind the current status of each
mechanical permit.
2. Public: Oftice. Contractor shall maintain regular business hours, or be available
by telephone, through the City of Meridian's Building Department located at 660 E.
Watertower Lane, Suite 150, Meridian, Idaho. Business hours are from 8:00 am to 5:00
pm. Monday through Friday, except holidays. The City of Meridian agrees to provide
office space, computers, telephone system, and clerical stall: as may be necessary for
Contractor to carry out the regulation of design, construction, quality of materials,
erection, installation, alterllÛon, repair, location, relocation, replacement, addition to, use
of maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, or
other mísceUaneous heat-producing appliances, issuance of permits, and collection of
fees, and to carry out all of the regulations, provisions, conditions and terms of the
Uniform Mechanical Code and the Uniform Mechanical Code Standards, public
assistance, and/or any other business transactions related to this contract that would need
to be conducted by the Mechanicallnspector. If the Contractor desires additional
services that are not here in above provided by the City of Meridian, then those additional
services shall be at the sole cost and expense of the Contractor.
3. Coordination. Contractor shall mutually coordinate plan reviews with the
City Planning officials, Public Works officials and appropriate fire marshals. Field
inspections will verifY and incorporate requirements of ~ plan documents on
which permits are granted.
4. Confficts. Contractor shall report to the Public Works Director any potential
conflicts of interest it may have relative to a construction project.
5. Administration and Enroreement or Codes and City Ordinances. Contractor
shall enforce and comply with building provisions as may be codified or ordained by the
City.
Contractor shall assist the City in enforcing its planning and zoning ordinances, and other
ordinances related to mechanical sites, and mechanical uses. Contractor shall report to
the City of Meridian Planning & Zoning Director any observed violations of the City's
planning and zoning ordinances, or other ordinances of which Contractor has knowledge.
C:\DOCUME-I\smithg\LOCAL&-l\Temp\RIMlINC. for Personal Services Clean 0720 04.doc
Pagel
6. Organization of Contractor. City shall be apprised in writing of Contractor's
corporate organization and name of Directors at all times. All personnel and
subcontractors will possess the appropriate inspection certifications. A list of personnel
assigned to perform duties under this contract will be given to the Public Works Director
and updated in writing as any changes are made.
7. PeñormaDce of Services and Duties. Contractor, who is the Mechanical
Inspector, shall ensure that he interprets all applicable codes reasonably and impartially.
In addition, Contractor shall ensure that all ofits personnel and subcontractors perform
all duties required under this contract in a courteous and professional manner. Contractor
is directly responsible to, and reports to, the Public Works Director.
8. Disaster and Emergency Within the City of Meridian. If an emergency,
natural disaster, enemy attack or other major incident exists within the City of Meridian,
Contractor shall perform initial damage assessment services on a pro-bono basis. These
services include, but may not be limited to: field assessment and inspections of damage
to private and public property, collect damage information, assist in the compilation of
damage assessment reports, assist in the completion of a disaster summary outline,
review building codes for possible improvements, and assimilate information on damage
to private, public structures and businesses and any other services for initial damage
assessment under the Ada County Emergency Operations Plan - - Damage Assessment
Annex.
At the discretion of the City, any state and federal financial assistance to the City for the
above services will be applied for and paid to the Contractor.
9. StatTmg Levels. Contractor agrees to staff this contract with sufficient qualified
personnel or subcontractors to allow City to provide timely inspections and reviews of
mechanical projects in the City. The following performance standards are expected.
Commercial plan review: 10 working days after receipt of complete
application.
Calls for inspections: 48 hours after receipt of phone call requesting
inspection.
Residential permits: 10 working days after receipt of complete application.
10. Mobile Communications. Contractor will provide its personnel, at its own
expense, and require its subcontractors to maintain at their own expense, cellular
telephones with voice messaging.
11. Reporting, Contractor shaII submit the following reports to the City on a
monthly basis:
. Complete summary of all permits issued as to type and dollar
amount for that month and year to date; and
. Summary of all commercial mechanical permits issued that month
with business name and address.
Z:\WorklMlMeridian\Meridian 1S360M\Pub1ic WorIœ\CONTRACT FOR SERVlCES\RIMIINc. fur Personal SoM... C1ean 06 28
04.doc
C:\DOCUME-llsmithglLOCALS-I\Temp\RIMI INC. for Personal Services Clean 07 20 04.doc
Page 2