HomeMy WebLinkAboutPersonal Service Agreement with Lynd Inc. for plumbing inspections
2.
PERSONAL SERVICES CONTRACf
RECEIVED
AUG 1 6 2004
BE1WEEN:
City of Meridian
City Clerk Office
CITY OF MERIDIAN, IDAHO, an Idaho lIi
Corporation, hereinafter "City"
AND:
LYND, INc., an Idaho corporation, hereinafter
"Contractor," with the transfer of ownership of his
inspection company, Lynd, Inc. to a licensed Plumbing
Inspector, Dennis Holte, to be effective on January 6, 2004,
and at which time L YND, INC. under the new ownership
of Dennis Holte,. a licensed Plumbing Inspector, will take
over the remaining time of this contract including all duties
required herein with the City of Meridian.
DATED:
Tbis-1:2dayof ~.20O4.
PREMISES:
1.
Whereas, the City of Meridian provides plumbing inspection services and plan
reviews for structures constructed within the City of Meridian; and
Whereas; the City desires to facilitate the provision of those services by using the
personal services ofLynd, Inc.; and
2.
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 pIan reviews and plumbing inspections.
NOW, THEREFORE, the parties hereto agree as follows:
1.
Term. This contract shall become effective on the lilt day of October, 2003, and
unless earlier terminated or extended, shall expire on or before September 30,
2004.
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.
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3.
Compliance With Appticable 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 provisions ofIdaho Administrative
Rules and the rules and interpretations of the Uniform Plumbing Code and the
Uniform Plumbing Code Standards, as well as all code regulations as specified in
the Meridian City Code and Ordinances.
4.
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 coonection 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.
5.
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,
;:.,A_'!iaI M&8F11ø, 881'f181'&'. Wi F118lfdø 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
agrees to retain such records and documents for a period often years, or such
longer period as may be required by Idaho Code 50-907.
Payment of Contract and Inspection Fees shaR be according to the value
placed on the~permit and based upon the foDowing pay schedule:
Pt..\lI'.,b I ""3
(a) 50% of the permit fees for the first $100,000 in permit fees collected
annually.
(b)
40% of the permit fees between $100,000 to $200,000 in permit fees
collected annually.
(c)
(d)
30"A. of the permit fees over $200,000 in permit fees collected annually.
Upon permit reconciliation, if the number offixtures were under reported
then the Inspector shall receive 50"A. of the fees due up to a limit of five
(5) additional fixtures. Any anwunt beyond five (5) shall be negotiated by
the Contractor and the Mayor.
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 issuance of permits, collection of fees, of all building
or structures, and to carry out the regulations, provisions, conditions and terms of
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the Uniform Plumbing Code and the Uniform Plumbing Code Standards, and
enforce all code regulations within the Meridian City Code and Meridian City
Ordinances for the City of Meridian, and/or any other business transactions that
would need to be conducted by the Plumbing 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) IfLynd Hoover, or Dennis Holte when the ownership is transferred
effective January 6, 2004, ceases to act as the Plumbing Inspector for the City of
Meridian, as out1ined 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;
(ü) 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;
(ill) 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 localIaws and rules, including
applicable building 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";
(vili) If Contractor or its agents engase in fraud, 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" N'; or (b) perform their duties in a courteous and professional
manner;
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(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 performance of each and every
obligation and duty under this Agreement. City, by written notice to Contractor
of default or breacb, 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 ftom 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 Plumbing Inspector. Lynd, Inc. acknowledges that Lynd Hoover is
designated as the licensed Plumbing Inspector with the primary responsibility for
providing and performing all duties required under this contract for the City of Meridian
until January 6, 2004 when Dennis Holte shall become the Plumbing Inspector. Iffor
any reason Lynd Hoover, and upon transfer of ownership to Dennis Holte effective
January 6, 2004, Dennis Holte fails or ceases to continue as the Plumbing Inspector for
the City of Meridian, Contractor shall be required to give notice to the City of Meridian.
This Contract may be assigned by Lynd, Inc. to Dennis Holte, or an entity controlled by
Dennis Holte. In order for such assignment to be effective it must be accepted by the
City and the Assignee must agree to be bound by the terms of this contract.
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 of the 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.
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(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.
(d) Substantially all necessary tools, equipment, supplies and all other
administrative support expenses will be furnished by the Contractor, except the
following:
i.
ii.
iii.
iv.
v.
Administration support expenses
Office space with furniture
Computer systems, inchtding software and printers
WJCed telephone system
Inspection tags and notices
(e) Contractor will not be eligible for any Federal Social Security, State
Workman's Compensation or unemployment insurance payment ftom the City or
charged to City's account.
(f) In the event a review by the United States Government, the State ofldaho,
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
~ ~ prot~~fe public and continuity of service to contractors. Contractor agrees that
~ _vfor . days after termination of this agreement, it will provide such services as
^ . ';:) ~)p' are requested by City. During the IIÏB~ day period, City will compensate
I\JGI- Contractor $75.00 per hour for each hour worked. Contractor will submit detailed
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 15111 of the month for billing statements submitted not later than the first day of that
month.
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12.
Insurance and Bonding.
(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 notifY 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 and Workman's Compensation 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 thereot:
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. Additionally, the
Contractor shall carry Workman's Compensation Insurance.
(c) Additionallnsured. 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 of Insurance, 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 Insnrance. 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 oflnsoranc:e. Certificates of Insurance (ACORD Form 27 or
equivalent) sbaJI be provided for all required coverages and furnished to the
Public Works Director with a copy to the City Clerk.
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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,
hold harmless and indemnify Contractor ffom all claims, suits, actions or costs, including
attorney fees and costs of defense resu1ting or arising out of this contract and arising ftom
the sole negligence of City.
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15. Nondiscrimination. Contractor agrees that it shall not discriminate against any
person in the performance of this contract, on the grounds of race, color, creed, national
origin, sex, marital status, disability or age.
16. Attorney Fees. In the event an action, suit, or proceeding, including appeal
thereftom, 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 of the State ofIdaho without resort to any
jurisdiction's cooftict ofIaws, rules or doctrines. Any claim, action, suit or proceeding
between the City and Contractor that arises ftom 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 Employers. The Contractor, its subcontractors, if any, and aJl
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 aJl 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 ftom 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.
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Dated .JL day of
A",,?~s'¡"-
,2004.
L YND, INC.
L'~~~ PRESIDENT
D£"'N IS I-IOLíG"
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CITY OF MERIDIAN
Attest:
,MAYOR
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EFFECTIVE ON JANAURY 6, 2004, THE TRÄNSFER. OF OWNERSHIP FROM
L YND HOOVER OF L YND, INC. TO THE NEW OWNERSHIP OF DENNIS HOLTE
OFLYND,INC.
AND
APPROVED:
APPROVED by City Council
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Attest:
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STATE OF IDAHO, )
: ss:
County of Ada, )
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On this jlday of (\\\C'\ \ ,,\: 2004, before me, the undersigned, a) þ£;.~}J\5>
Notary Public in and for said Sta~L'RoIÐ IIOO'ÆR, known or ~O\..., E.
identified to me to be the President ofLynd, Inc., and whose name is subscribed to the
within instrument, and acknowledged to me that he executed the same for Lynd, Inc. þI--
~
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day ¡me;! year Ïf..~cate first above written.
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'\';.?:<I'..c...oo.o".~# My Commission Expires: \(~ ~
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STATE OF IDAHO, )
: ss:
County of Ada, )
On this . , 7+'^- day of ~ 2004, before me, the undersigned, a
Notary Public in and for said State, persoðfillyappeared TAMMY de WEERD and
Wll.LIAM 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 IWDes 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 X!\W.iP.1k!s certificate first above written.
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EXHIBIT "A"
SERVICES TO BE PERFORMED BY LYND, INC.
1. Computerized Permit Tracking Program. Contractor shall provide data and
input it into the City of Meridian's computerized Plumbing Permit Tracking program.
All plumbing permit applications received shall be entered into the program and each
step of the plumbing 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 Plumbing Permit Tracking program shall never be
allowed to become more than two working days behind the current status of each
building permit.
2. Pob6e Office. 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 ftom 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 stan: as may be necessaIy for
Contractor to carry out the issuance of permits, collection of fees, of all building or
structures, and to carry out the regulations, provisions, conditions and terms of the
Uniform Plumbing Code and the Uniform Plumbing Code Standards, and enforce all
code regulations within the Meridian City Code and Meridian City Ordinances for the
City of Meridian, and/or any other business transactions related to this contract that
would need to be conducted by the Plumbing Inspector. 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 pIan reviews with the
City Planning officials, Public Works officials and appropriate tire marshals. Field
inspections will verilY and incorporate requirements of ~ pIan documents on
which permits are granted.
4. ConOicts. Contractor shall report to the Public Works Director any potential
conflicts of interest it may have relative to a construction project.
5. Administration and Enforcement of 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, including
the Flood Plain ordinance, and other orclinances related to plumbing sites, and plumbing
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.
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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. Performance of Services and Duties. Contractor, who is the Plumbing
Official, shall ensure that he interprets all applicable codes reasonably and iínpartially.
In addition, Contractor shall ensure that all of its 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,
oatural 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, assisi 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 PIan - - Damage Assessment
ADnex.
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. Stafting Levels. Contractor agrees to statfthis contract with sufficient qualified
personnel or subcontractors to allow City to provide time1y inspections and reviews of
building projects in the City. The following performance standards are expected:
Commercial plan review: 10 working days after receipt of
complete application.
Ca1ls for inspections: 48 hours after receipt of phone call
requesting inspection.
Residential plumbing permits: 10 working days after receipt of
complete application.
10. Mobile Cemmunications. Contractor will provide its personne~ at its own
expense, and require its subcontractors to maintain at their own expense, cel1ular
telephones with voice tneJUUlgi"lg
11. Reporting. Contractor shall 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 commerciaJ plumbing permits issued that month
with business name and address.
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