HomeMy WebLinkAboutPersonal Service Agreement with Greene Fire for Fire Protection Inspection ServicesPERSONAL SERVICES CONTRACT
BETWEEN: CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation,
hereinafter "Cit}~'
AND: GREENE FIRE PROTECTION & SAFETY SERVICES, INC.,
an Idaho corporation, hereinafter "Contractor."
DATED: This ~D~day of Oc~r bar , 2007.
PREMISES:
1. Whereas, the City of Meridian provides fire protection 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 of Greene Fire Protection & Safety Services, 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 fire protection inspection services.
NOW, THEREFORE, the parties hereto agree as follows:
1. Term. This contract shall become effective on the lst day of October, 2007, and
unless earlier terminated or extended, shall expire on or before September 30,
2008.
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. Prohibited Work. Contractor shall not perform any work under the guise of
another business entity, personally or professionally, on any property that is
inspected by the Contractor. This shall apply to any work that falls under the
inspection responsibilities ofthe Contractor as contemplated by this agreement.
The contractor is strictly prohibited from referring any work to themselves or a
company that they are associated with personally or professionally that is in any
way related to their duties under this Agreement. A violation of this condition
can be considered grounds for immediate termination of this Agreement.
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4. 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 of Idaho Administrative
Rules and the rules and interpretations of the International Fire Code and the
International Fire Code Standards, as well as all code regulations as specified in
the Meridian City Code and Ordinances.
5. 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.
6. 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 often years, or such longer period as maybe required by Idaho Code
§ 50-907.
7. Payment of Contract Plans Examination and Inspection Fees shall be
according to the value placed on the building permit and based upon the
following pay schedule:
(a) 70% of the Commercial Fire Code Review Fees that are collected annually.
(b) 70% of permit fees for:
1. Cooking hood fire extinguishing systems
2. Commercial Fire Alarm Systems
3. Commercial Fire Sprinkler Systems
4. Fire Sprinkler Systems for Commercial Tenant Improvements,
Remodels and Upgrades.
5. Underground Tank Installations.
6. Hazardous Material Storage Review & Inspection.
7. High Pile Combustible Storage Review & Inspection.
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(c) Re-Inspection Fees:
1. 90% of the fee collected for the first hour, and 65% for any time
thereafter that for re-inspections as a result ofnon-compliance. Fee shall
be based on the current Meridian Fire Department Fee Schedule.
The City of Meridian agrees to provide office space, computers, telephone
system, inspection tags, permit notices, and clerical staff, as maybe 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 fire protection systems, issuance of permits, and
collection of fees, and to carry out all of the regulations, provisions, conditions
and terms of the International Fire Code and the International Fire Code
Standards, public assistance, and/or any other business transactions that would
need to be conducted by the Fire Protection Plans Examiner & 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.
8. Termination
(a) All or part of this contract maybe terminated by mutual consent of both
parties in writing.
(b) If Rich Greene ceases to act as the Fire Protection Plans Examiner &
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 maybe 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 Fire Codes and Idaho Administrative Rules.
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(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 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 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
(ii) 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.
9. Designated Fire Protection Inspection Official. Greene Fire Protection &
Safety Services, Inc. acknowledges that Rich Greene is designated as the licensed
Fire Protection Plans Examiner & 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 Rich Greene fails or ceases to continue
as the Fire Protection Plans Examiner & Inspector for the City of Meridian,
Contractor shall be required to give notice to the City of Meridian.
10. 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.
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(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
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.
(f) In the event a review by the United States Government, the State of Idaho,
or any agency determines that this agreement constitutes anemployee-employer
relationship, the Contractor agrees to reimburse City for all employment costs as a
result of that determination.
11. 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 of its 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.
12. 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 of this agreement, it
will provide such services as are requested by City. During the thirty (30) day
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period, City will compensate Contractor $80.00 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 of the month for billing
statements submitted not later than the first day of that month.
13. 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.
(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 of Idaho (ACOItD
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.
14. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the City,
its officers, employees, agents, and members, from all claims, suits, actions or
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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 of the Contractor. Likewise, subject to the limits of the 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.
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 there
from, is brought for failure to observe any of the terms of this contract, the non-
prevailingparty 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 of Idaho 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 from 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 of Idaho. 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 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 maybe amended upon the mutual
consent of the parties. Contractor expressly agrees to amendments which maybe
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.
Dated ~ ~ day of ~~~ 5 w , 2007.
FY08 Contract for Personal Services, Green Fire Protection & Safety Services, Inc.
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GREENS FIltE PROTECTION & SAFETY SERVICES, INC.
~~~~
RICH GREENS, PRESIDENT
CITY OF MERIDIAN
Attest:
/1-
WILLIAM G. BERG, JR.,
STATE OF IDAHO, )
. ss:
County of Ada, )
By: i~.~
~, ~. ~, ~~'~iN~IM d E
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Z .~_,~~'r. y'4
~'y.'gi~ r •,~
~•
MAYOR
Gi13 C'~ u-r,.c~,~ to /6 OT
On this ~~~' day of OC'~"o~OP~ , 2007, before me, the undersigned, a
Notary Public in and for said State, personally appeared Rich Greene, known or
identified to me to be the President of Greene Fire Protection & Safety Services, Inc., and
whose name is subscribed to the within instrument, and acknowledged to me that he
executed the same for Greene Fire Protection & Safety Services, 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) ;',~ ~~ •;
• J ,
~ • ~~T~Ry . Z?
~~~~~~i u~+~~~
FY08 Contract for Personal Services, Green Fire Protection & Safety Services, Inc.
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My Commission Expires: (o • S • ?113
STATE OF IDAHO, )
County of Ada,
ss:
On this ~(! ~ day of QC'~Ob~ , 2007, 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) ••..•~ G••~~•
"~' ,~` ~ •
•
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• ~ ~
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• ~ •
•,~~~Ac,~.1~ .~a:
~~:
••~ OF •..
Notary Public for Idaho
Residing at: (~QU~,~~! , 1 ~
My Commission Expires: ~o-~ ~.
FY08 Contract for Personal Services, Green Fire Protection & Safety Services, Inc.
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EXHIBIT "A"
SERVICES TO BE PERFORMED BY GREENE FIRE PROTECTION & SAFETY
SERVICES, INC.
1. Computerized Permit Tracking Program. Contractor shall provide data and
input into the City of Meridian's computerized Permit Tracking program. All
permit applications received shall be entered into the program and each step of the
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 Permit Tracking program shall never be allowed to
become more than two working days behind the current status of each 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 fire protection systems, issuance of permits, and
collection of fees, and to carry out all of the regulations, provisions, conditions
and terms of the International Fire Code and the International Fire Code
Standards, public assistance, and/or any other business transactions related to this
contract that would need to be conducted by the Fire Protection 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 plan documents
on which permits are granted.
4. Conflicts. Contractor shall report to the Development Services Manager for any
potential conflicts of interest it may have relative to a construction project.
Administration and Enforcement of Codes and City Ordinances. Contractor
shall enforce and comply with fire code provisions as maybe codified or ordained
by the City.
Contractor shall assist the City in enforcing its fire codes, and other ordinances
related to building sites, and building uses. Contractor shall report to the City of
Meridian Development Services Manager any observed violations of the City's
fire codes, 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
Development Services Manager and updated in writing as any changes are made.
7. Performance of Services and Duties. Contractor, who is the Fire Protection
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 at $80.00
per hour. 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 Fire Protection projects in the City. The following performance
standards are expected.
Commercial building plan reviews:
(a) New Construction - 10 working days after receipt of complete
application.
(b) Tenant Improvement - 5 working days after receipt of complete
application.
Sprinkler & Fire Alarm Stem Plan Review: 15 working days after
receipt of complete application.
Calls for inspections: 48 hours after receipt of phone call requesting
inspection.
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.
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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
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