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HomeMy Public PortalAboutResolution 05-09 Building Dept LLC ContractRESOLUTION NO.05-09 A RESOLUTION OF THE CITY OF McCALL, IDAHO, AUTHORIZING AND APPROVING A CONTRACT WITH THE BUILDING DEPARTMENT, LLC.; AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR RELATED MATTERS; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of McCall (the "City") has the power to enter into contracts as provided in Section 50-301, Idaho Code; and WHEREAS, the City is in need of building plan review services by qualified reviewers certified by the International Code Council; and WHEREAS, the City Planner obtained estimates from three (3) qualified building plan review service providers; and WHEREAS, the City desires to enter into a Contract with The Building Department, LLC. for the review of building plans submitted to the City of McCall to ensure that building plans conform to the International Building Code. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF McCALL, Valley County, Idaho, as follows: Section 1: The Building Department, LLC is best qualified to provide the services required by the City. Section 2: That the Agreement The Building Department, LLC., for the review of building plans submitted to the City of McCall substantially in the form of the Agreement attached hereto as Exhibit "A" is hereby approved. Said Exhibit "A" attached hereto is hereby incorporated herein by reference. Section 3: That the Mayor and City Clerk are hereby authorized to execute the Agreement on behalf of the City. Section 4: This Resolution shall take effect and be in force from and after its passage and approval. DATED this day of May, 2005. CITY OF MCCALL Valley County, Idaho ATTEST: Dan Irwin, City Clerk 0.0••••7 4: • • • w4t41 g 4 By °• . $ V, Q+‘' -')‘• Kirk Eimers, Mayor • ••s * gyp' CALL' f ' .ammasso Resolution 05-09 Exhibit A Resolution 05-09 Exhibit A CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF McCALL, IDAHO AND THE BUILDING DEPARTMENT, LLC. This Contract is made and entered into this day of , 2005, by and between the City of McCall, a municipal corporation of the State of Idaho, hereinafter called the "CITY" and THE BUILDING DEPARTMENT, LLC, an Oregon limited liability company, hereinafter called "CONTRACTOR". WITNESSETH: WHEREAS, CITY wishes to administer its own plan review program and for that purpose is in need of the services of reviewers duly certified by the International Code Council; and WHEREAS, CONTRACTOR is in the business of providing the services of plans examiners duly certified by the International Code Council to governmental agencies and other parties; and WHEREAS, CITY wishes to obtain from CONTRACTOR and CONTRACTOR wishes to provide to CITY certain services of plans examiners duly certified by the International Code Council on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises and the terms and conditions set forth hereafter, the parties agree as follows: 1. TERM This Contract shall commence on the first day of June, 2005, and shall continue in full force and effect until terminated as provided in Section 12. 2. SERVICES The services to be provided by CONTRACTOR to CITY under the terms of this Contract shall consist of the following: A. The examination of building plans submitted to CONTRACTOR by City to insure their compliance with the codes as adopted by CITY and State. CONTRACTOR shall review all permit applications submitted to it by CITY and complete a plans review report in a timely fashion, ordinarily within seven (7) working days after receipt of all proper plans and applications. Promptly upon completion of its plans review report, CONTRACTOR shall approve or not approve such plans and notify CITY of such so City may issue appropriate permits or notify the applicant of any deficiencies identified in the plan review report. B. Coordinate with other CITY functions and departments for plans and permit application review and compliance with CITY'S ordinances and regulations for utilities and land use requirements. 3. SERVICE PROVIDERS CONTRACTOR may use employees, agents or independent contractors to perform the services required by it under the terms of this Contract so long as such employee, agent or independent contractor is properly certified. If any incompatibilities or conflicts arise involving CONTRACTOR'S employees, agents or independent contractors, CONTRACTOR and CITY agree to meet and make a good faith attempt to resolve any such incompatibility or conflict. 4. COMPENSATION As compensation for the services to be provided by CONTRACTOR to CITY under the terms of this Contract, CITY shall pay to CONTRACTOR as follows: Resolution 05-09 Exhibit A Current hourly rate (at time of review) for all services not to exceed 50% of plan check fees charged to applicant. Current hourly rates are attached to this contract as exhibit "A". Payment to CONTRACTOR shall be based on the aforementioned fees and shall not include or be based on any additional CITY fees the CITY may collect. 5. PAYMENT Compensation due CONTRACTOR by CITY shall be paid as follows: A. CONTRACTOR shall submit a billing statement for payment of CONTRACTOR'S share of fees collected during the previous month by the 5th day of the immediately following month and CITY shall pay such billing statement(s) on or before the 25th day of the month in which it is received. In addition, CITY agrees to pay CONTRACTOR a late payment charge of 1.5% per month for any billing statement(s) received by CITY on or before the 5th day of the month which is not paid by the 25th day of that month. B. Payment by CITY of any such billing statement shall release CITY from any further payment obligation to CONTRACTOR for services performed or expenses incurred as of the date of the billing statement. 6. CITY'S OBLIGATIONS In order to facilitate the services to be provided by CONTRACTOR to CITY under the terms of this Contract, CITY agrees to do the following: A. Review plans for compliance with CITY'S Development Code and other applicable CITY ordinances and requirements, and notify CONTRACTOR in writing of any concerns or issues by notation on the building plans. 7. CONTRACTOR IDENTIFICATION NUMBER CONTRACTOR shall furnish CITY with CONTRACTOR'S employer identification number, as designated by the Internal Revenue Service. 8. CITY'S REPRESENTATIVE CITY'S authorized representative for the purposes of this Contract shall be the Community Development Director, 216 East Park Street, McCall, Idaho 83638, phone 208- 634-3458, fax 208-634-3038. 9. CONTRACTOR'S REPRESENTATIVE CONTRACTOR'S authorized representative for the purposes of this Contract shall be Charlcie R. Kaylor, 1245 Pearl Street, Eugene, Oregon 97401, phone 541-484-9043, fax 541-484-6859. 10. CONTRACTOR AS INDEPENDENT CON TRACTOR A. Contractor's services shall be provided under the general supervision of CITY or its employees or designees; however, CONTRACTOR shall be an independent contractor and shall be entitled to no compensation other than the compensation provided for under Section 4 of this Contract. B. CONTRACTOR acknowledges that it shall not be entitled to any employee benefits to which an employee of CITY would be entitled and shall be solely responsible for all payments of taxes required by law. If CONTRACTOR is found by a court of law or an administrative agency to be an employee of CITY for purposes of taxes or benefits CITY is required to pay for or to employees, CITY shall be entitled to repayment by CONTRACTOR to the full extent of any benefits or other remuneration CONTRACTOR may receive from CITY as result of said finding and to the full extent of any payments CITY is required to make (to CONTRACTOR or to a government entity) as a result of said finding. C. CONTRACTOR hereby represents that to its knowledge no employee of CITY or any partnership or corporation in which a CITY employee has an interest, has or will receive any remuneration of any description from CONTRACTOR, directly or indirectly, in connection with the letting or performance of this Contract, except as otherwise specifically declared in writing and made a part of this contract. Resolution 05-09 Exhibit A D. Notwithstanding paragraphs 10A, 10B, 10C, or any other paragraph of this Contract, CONTRACTOR and its officers, employees, agents and subcontractors are and shall operate and be considered as agents of CITY. 11. CONTRACTOR RESPONSIBLE FOR SERVICE PROVIDERS. CONTRACTOR shall be fully responsible for the acts or omissions of its employees, agents and subcontractors and neither the approval by CITY of any employee, agent or subcontractor of CONTRACTOR nor anything contained herein shall be deemed to create any contractual relation between such employee, agent, or subcontractor and CITY. 12. ASSIGNMENT. This Contract, and all of the covenants and conditions hereof, shall inure to the benefit of and be binding upon CITY and CONTRACTOR respectively and their legal representatives and successors. Except as otherwise provided herein, CONTRACTOR shall not assign any rights nor delegate any duties incurred by this Contract, or any part hereof without the written consent of CITY, and any assignment or delegation in violation hereof shall be void. 13. TERMINATION OF CONTRACT CONTRACTOR or CITY may terminate this Contract at any time upon not less than sixty (60) days prior written notice to the other party. In addition, CITY may terminate this contract upon not less than ten (10) days written notice to CONTRACTOR if CONTRACTOR breaches any of the terms herein or in the event of any of the following: Insolvency of CONTRACTOR; voluntary or involuntary petition in bankruptcy by or against CONTRACTOR; appointment of a receiver or trustee for CONTRACTOR; or an assignment for benefit of creditors of CONTRACTOR. 14. ACCESS TO RECORDS CITY shall have access to such books, documents, papers and records of CONTRACTOR as are directly pertinent to the services performed under the terms of this Contract for the purpose of conducting an audit or examination or obtaining excerpts and transcripts. 15. FORCE MAJEURE Neither CITY nor CONTRACTOR shall be considered in default because of any delays in completion of responsibilities hereunder due to causes beyond its control and without fault or negligence on the part of the party so disenabled, including, but not limited to: an act of nature or of a public enemy, volcano, earthquake, fire, flood, epidemic, quarantine, restriction, area -wide strike, freight embargo, unusually severe weather or delay of subcontractor or suppliers due to such cause; provided that the party so disenabled shall within ten (10) days from the beginning of such delay notify the other party in writing of the causes of such delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. 16. NONWAIVER The failure of either party to insist upon or enforce strict performance by the other party of any of the terms of this contract or to exercise any rights hereunder shall not be construed as a waiver or relinquishment to any extent of a party's right to assert or rely upon such terms or rights on any future occasion. 17. ATTORNEY'S FEES In the event suit, action or arbitration is instituted to enforce any of the terms of this Contract, the prevailing party shall be entitled to recover from the other party such sum as the court or arbitrator may adjudge reasonable as attorney's fees at trial or on appeal of such suit or action, in addition to all other sums provided by law. 18. APPLICABLE LAW This Contract will be governed by the laws of the State of Idaho. 19. CONFLICT BETWEEN TERMS It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this Contract and the proposal of CONTRACTOR, this Contract shall control and nothing herein shall be considered as an acceptance of the terms of said proposal conflicting herewith. 20. INDEMNIFICATION CONTRACTOR agrees to indemnify and to hold harmless the CITY, its Officers, Employees, and Agents against and from any and all loss, claims, actions, suits, including costs, Resolution 05-09 Exhibit A and attorney's fees, for or on account of injury, bodily or otherwise, to, or death of persons, damage to or destruction of property belonging to CITY, CONTRACTOR or others, resulting from, arising out of, or in any way connected with CONTRACTOR'S acts which are outside the scope of CONTRACTOR'S duties to CITY under this Contract or for which CONTRACTOR is not eligible for representation and indemnification by CITY. CONTRACTOR agrees to defend all such claims on behalf of the CITY, whether frivolous or not. CITY acknowledges and agrees that CONTRACTOR, and its officers, employees, agents, and subcontractors, are agents of CITY in carrying out CONTRACTOR'S duties and responsibilities under the terms of this Contract, and entitled to the protections of an agent of CITY. 21. INSURANCE Prior to providing any of the services required under the terms of this Contract. CONTRACTOR, at CONTRACTOR'S sole cost and expense, shall secure and continue in force during the term of this Contract the following insurance with an insurance company acceptable to CITY: A. General Liability and Property Damage Insurance with limits of not less than $1,000,000 for personal injury, $1,000,000 for comprehensive automobile liability and $1,000,000 for broad form property damage coverage. Satisfactory evidence of such insurance shall be provided to CITY. B. Workers' Compensation from the State Accident Insurance Fund or from a responsible private carrier. Private insurance shall provide the schedule of employee benefits required by law. C. Professional Liability Insurance with limit of $2,000,000. 22. MEDIATION If a dispute between the parties arises out of or relates to this Agreement or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation without resorting to arbitration, litigation, or some other dispute resolution procedure. The parties shall share equally the mediator's fees and expenses. 23. COMPLETE CONTRACT This Contract and any referenced attachments constitute the complete Contract between CITY and CONTRACTOR and supersedes all prior written or oral discussions or agreements. THE CITY OF McCALL, IDAHO THE BUILDING DEPARTMENT, LLC, an Oregon limited liability company , Mayor By: Charlcie R. Kaylor, Manager Resolution 05-09 Exhibit A Schedule of Per Hour Charges February 28, 2005 The Building Department, LLC Shawn Eaton $ 73.00 Residential Nolan West $ 73.00 Residential Mick Nolte $120.00 Residential/Commercial Susie Bush $ 41.00 Clerical Marita Mickelson$ 46.00 Clerical Mortier Engineering, PC Bradley Myers $135.00 Lead Engineer Adam Clough $ 76.00 Engineer Tami Martino $ 70.00 Engineer