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HomeMy WebLinkAboutProfessional Services Agreement Employment Agreement with Greene Consulting for Building InspectionsEMPLOYMENT AGREEMENT Agreement made, effective as of 2002, by and between City of Meridian, Idaho, a munici al corporation organized and existing under the laws of the State of Idaho, with its principal office located at 33 E. Idaho, Meridian, Ada County, Idaho, referred to in this agreement as City, and Greene Fire Protection & Safety Services, Inc., of 258o S. Linder Road, Meridian, Ada County, Idaho, referred to in this agreement as consultant. RECITALS A. City wishes to contract with consultant for the services of consultant in the field of review of building plans, local jurisdiction fire sprinkler plans, fire alarm plans, and fire protection issue related building inspections. B. Consultant is willing and qualified to perform such services. In consideration of the matters described above, and of the mutual benefits and obligations set forth in this agreement, the parties agree as follows: SECTION ONE SERVICES It is understood that services provided by consultant pursuant to this agreement shall be so provided on a day-to-day, as-needed basis. City shall have sole discretion to determine the need for continued providing of such services. City shall have sole discretion to establish the minimum qualifications necessary for the performance of any service to be rendered by consultant under and pursuant to this agreement. Further, if at any time and at its sole discretion, city determines that the services performed under and pursuant to this agreement by any of consultant's employees are not satisfactory, it will so notify consultant in writing and consultant shall immediately withdraw such individual and, at city's option, furnish an individual who meets the qualifications required. Consultant agrees to perform such services as may be requested in writing by city, including, but not limited to, review of building plans, local jurisdiction fire sprinkler plans, fire alarm plans, and fire protection issue related building inspections. EMPLOYMENT AGREEMENT -1 SECTION TWO COMPENSATION City shall compensate consultant as follows: A. $75.00 per hour for the effort expended by consultant pursuant to this agreement. B. Payment under this section by city shall be 3o days from the date of receipt by city of consultant's invoice setting forth the total effort expended and actual expenses incurred and paid for by consultant. Consultant's invoice for expenses shall be supported by appropriate receipts. SECTION THREE CONSULTANT'S EMPLOYEES In the event employees of consultant also perform services for city under and pursuant to this agreement, they shall be bound by the provisions of this agreement and consultant shall, at the request of city, furnish to city satisfactory evidence to that effect and that such employees are in fact employees of consultant only and that all taxes required to be withheld or paid on behalf of such employees have been paid or provided for by consultant. SECTION FOUR INSURANCE Consultant will coverall its employees with worker=s compensation insurance, and will maintain liability insurance coverage equal to, or exceeding the Idaho Tort Claim Act limitations and will name the City as an additional named insured under such policy. Certificates of insurance verifying coverage shall be provided to City prior to beginning services under this agreement. SECTION FIVE CONSULTANT REPRESENTATIONS Consultant represents and warrants that consultant and consultant's employees have the right to perform the services required under and pursuant to this agreement without violation of obligations to others, and that consultant and its employees have the right to disclose to city all information transmitted to city in the performance of services under and pursuant to this agreement, and consultant agrees that any information submitted to city, whether patentable or not, maybe used fully and freely by city. EMPLOYMENT AGREEMENT - 2 SECTION SIX DURATION AND TERMINATION This agreement shall become effective on the date stated above and shall continue for a period of i8o days. In addition to terminating at the end of such period, this agreement may be terminated pursuant to the following: A. Immediately on the death or incapacity of any person employed by consultant who, in the sole opinion of city, was essential for the successful performance of consultant's obligations under and pursuant to this agreement; B. By either party, with or without cause at any time, on 3o days' prior written notice; or C. By city, at any time, on 1o days' prior written notice, if consultant assigns this agreement, or any right or obligation under this agreement, without city's prior written consent; or if there is a change in the control or management of consultant that is unacceptable to city; or if consultant ceases to function as a going concern, or to conduct its operations in the normal course of business. The obligations of consultant under Sections Four, Five, and Six, above, shall survive any expiration or termination of this agreement. On termination of this agreement, consultant will return to city all written information, drawings, models, and other materials or files supplied to consultant or created by consultant at the expense of city. SECTION SEVEN INJURIES TO CONSULTANT If consultant has no employees and intends to perform services personally under this agreement, then consultant waives any rights to recovery from city for any injuries that consultant may sustain while performing services under and pursuant to this agreement and that are a result of consultant's own negligence. SECTION EIGHT LOSS OR DAMAGE Consultant shall be responsible for and shall reimburse city for all loss or damage to city's property, property of third parties, or personal injury caused by the acts or omissions of consultant, its agents, or employees during the term of this agreement. SECTION NINE ASSIGNMENT EMPLOYMENT AGREEMENT - 3 The rights of consultant under this agreement are personal to consultant and may not be assigned or transferred to any other person, firm, or corporation without the prior, express, and written consent of city. SECTION TEN ENTIRE AGREEMENT This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. SECTION ELEVEN MODIFICATION OF AGREEMENT Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. SECTION TWELVE NOTICES Any notice provided for or concerning this agreement shall be in writing and be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this agreement. SECTION THIRTEEN GOVERNING LAW It is agreed that this agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Idaho. SECTION FOURTEEN EFFECT OF PARTIAL INVALIDITY The invalidity of any portion of this agreement will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. EMPLOYMENT AGREEMENT - 4 In witness of the above, each party to this agreement has caused it to be executed at Meridian, Idaho on the date indicated below. ~c~-~ Richard D. Greene Grire Protection & Safety Services, Inc. Date: ~,i ~~o~ ,,,,T4 bate• Q ~ L { :, ~~~ -: tom/ • / _ O ~ ~ Z Date• C Ken W. Bowers Meridian Fire Department EMPLOYMENT AGREEMENT - 5 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. STATE OF IDAHO, County of Ada, ss ..~G, On this ~ ~ day of , 2002, before me, a Notary Public, personally appeared Richard D. Greene and _ ,~/ ~J- -- , known or identified to me to be the `Pl~e~'~t and -~.~ - respectively of Greene Fire Protection & Safety Services, Inc., who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. oN s~ ~1•~yOT~eQ~'•~"~": L~~7~1 f (SEAL) ~ ~ ~ Notary Public for Idaho Residence: ,~ ~~~j os~~~ _ ,.,A.~ Commission Expires: y- $-D ~•..... STATE OF IDAHO, County of Ada, ss On this ~ ~~ day of , 2002, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, Jr., known or identified to me to be the Mayor and Clerk respectively, and Fire Chief Ken W. Bowers, of the City of Meridian, who executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. ~~~~~ (SEAL) M f 1 e Notary Public for Idaho Residence: ,,¢ aka (~G~~ .~a~ Commission Expires: y -Z -os \\204.229.127.194\SERVERZ\WorkU1~I\Meridian\Meridian15360M\Fire Dept\FireIns~pectionservicesConsultantGreeneFireProtsafetyserviceAgmt.doc EMPLOYMENT AGREEMENT - 6