HomeMy WebLinkAboutProfessional Service Agreement with RIMI, Co. for Mechanical Inspection
PERSONAL SERVICES CONTRACT
BETWEEN:
CITY OF MERIDIAN, IDAHO, an Idaho Municipal
Corporation, hereinafter "City"
AND:
RIMI, INC., an Idaho corporation, hereinafter
"Contractor. "
DATED:
This 21S'7day of IJ-R c en-. o.v.-, 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 1 st day of October, 2004, and
unless earlier terminated or extended, shall expire on or before September 30,
2005.
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.
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 provisions ofIdaho Administrative
Rules and the rules and interpretations of the International Mechanical Code and
the International Mechanical Code Standards, as well as all code regulations as
specified in the Meridian City Code and Ordinances.
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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 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.
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, 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 of ten years, or such longer period as may be required by Idaho Code
~ 50-907.
6. Payment of Contract and Inspection Fees shall be according to the value
placed on the building permit and based upon the following pay schedule:
(a) 75% of the permit fees for the first $30,000 in permit fees collected
annually.
(b) 60% ofthe permit fees between $30,000 to $45,000 in permit fees
collected annually.
(c) 50% ofthe permit fees between $45,000 to $60,000 in permit fees
collected annually.
(d) 40% of the permit fees over $60,000 in permit fees collected annually.
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
permits, and collection of fees, and to carry out all of the regulations, provisions,
conditions and terms of the International Mechanical Code and the International
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. Ifthe Contractor desires
. additional services that are not here in above provided by the City of Meridian,
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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 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 "A"; or
(b) perform their duties in a courteous and professional manner;
(x) If the City Council determines that termination of the contract is in
the best interests ofthe 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 breach may terminate the whole or part of this contract:
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(i) If Contractor fails to provide services called for by this contract
within the time specified herein or any extension thereof; or
(ii) If Contractor fails to perform any of the provisions of this contract,
or so fails to pursue the work as to endanger performance ofthis 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 Mechanical Inspection Official. 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 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.
(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. Administration support expenses
ii. Office space with furniture
iii. Computer systems, including software and printers
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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 from the City or
charged to City's account.
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 ofthe
work required by this contract, or assign or transfer any of its interest in this contract,
without the prior written consent ofthe 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 ofthe 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
protection of the public and continuity of service to contractors. Contractor agrees that
for thirty (30) days after termination ofthis agreement, it will provide such services as are
requested by City. During the thirty (30) day period, City will compensate 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 15th
ofthe month for billing statements submitted not later than the first day ofthat month.
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 per occurrence. 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.
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(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
naming the City of Meridian as an additional insured.
(c) Additional 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 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 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 per occurrence.
(e) Worker's Compensation Insurance. Contractor shall maintain worker's
compensation insurance for the services under this contract.
(f) Proof of Insurance. Certificates of Insurance (ACORD Form 27 or
equivalent) shall be provided for all required coverages and furnished to the City
Clerk with a copy to the Development Services Manager.
13. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the
City, its officers, employees, agents, and members, from all claims, suits, actions or costs
including attorney fees and costs of defense resulting from or arising out of the work
performed under this contract and arising from the sole or joint negligence ofthe
Contractor. Likewise, subject to the limits ofthe Idaho Torts Claims Act, City shall save,
hold harmless and indemnify Contractor from all claims, suits, actions or costs, including
attorney fees and costs of defense resulting or arising out of this contract and arising from
the sole negligence of City.
14. Nondiscrimination. Contractor agrees that it shall not discriminate against any
person in the performance ofthis contract, on the grounds of race, color, creed, national
origin, sex, marital status, disability or age.
15. 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.
16. 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. Anydaim, action, suit or proceeding
between the City and Contractor that arises from or relates to this contract shall be
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brought and conducted solely and exclusively with the Fourth Judicial District Court of
Ada County for the State ofIdaho. Provided, however, ifthe claim must be brought in a
federal forum, then it shall be brought and conducted exclusively within the United States
District Court for Idaho.
17. Subject Employers. 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.
18. Amendments. The terms of this Contract may be amended upon the mutual
consent ofthe 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.
19. Severability. The terms ofthis Contract are severable and a determination by an
appropriate body having jurisdiction over the subject matter ofthis Contract that results
in the invalidity of any part, shall not affect the remainder of this Contract.
Dated c2 I day of ~ c
,2004.
RIMI, INC.
CITY OF MERIDIAN
.p
WILLIAM G. BERG,
Attest:
...
....
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STATE OF IDAHO, )
: ss:
County of Ada, )
On this d I day o~~ ~'t'('\ \.)~ L, 2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared Rodney L. Medley, known or
identified to me to be the President ofRIMI, 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~d . . certificate first above written.
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Notary Public or Idaho
Residing at:
My Commission Expires:
STATE OF IDAHO, )
: ss:
County of Ada, )
On this ~fs.J- day ofDec't'''''~v , 2004, before me, the undersigned, a
Notary Public in and for said State, personally 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)
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EXHIBIT" A"
SERVICES TO BE PERFORMED BY RIMI, INC.
1. Computerized Permit Tracking 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 ofthe 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 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 from 8:00 am to 5:00
pm, Monday through Friday, except holidays or as determined by the Building
Department. The City of Meridian agrees to provide office space, computers, telephone
system, 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 permits, and collection of fees, and to carry out all of the
regulations, provisions, conditions and terms ofthe International Mechanical Code and
the International Mechanical Code Standards, public assistance, and/or any other business
transactions related to this contract that would need to be conducted by the Mechanical
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 plan reviews with the
City Planning officials, Public Works officials and appropriate fire marshals. Field
inspections will verify and incorporate requirements of approved piau documents on
which permits are granted.
4. Conflicts. Contractor shall report to the Development Services Manager 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, and other
ordinances related to mechanical sites, and mechanical uses. Contractor shall report to
the City of Meridian Development Services Manager any observed violations of the
City's planning and zoning ordinances, or other ordinances of which Contractor has
knowledge.
Exhibit "A"
Page 1
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 Development Services
Manager and updated in writing as any changes are made.
7. Performance 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 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 Development Services Manager.
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. Staffing 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.
Exhibit "A"
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