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HomeMy Public PortalAbout2019.01.23 Rogers Electric ContractELECTRICIAL SERVICES AGREEMENT AGREEMENT made by and between the City of McCall (City), a Municipal Corporation of the state of Idaho, hereinafter called ("ENTITY"), and Roger's Electric, hereinafter called ("CONTRACTOR"). The parties agree as follows: 1.SCOPE OF WORK: ENTITY engages CONTRACTOR to perform the work associated with the Golf Course Maintenance Building additions for electrical services as outlined in the bid that CONTRACTOR submitted. 2.PAYMENT: ENTITY agrees to pay CONTRACTOR for his services rendered under this Agreement an amount not to exceed the total sum of $6,900 for said services. The parties agree that CONTRACTOR will invoice ENTITY for payment under this Agreement for services rendered herein. 3.RIGHT OF CONTROL ENTITY agrees that it will have no right to control or direct the details, manner, or means by which CONTRACTOR accomplishes the results of the services performed hereunder. CONTRACTOR has no obligation to work any particular hours or days or any particular number of hours or days. CONTRACTOR agrees, however, that his other contracts or services shall not interfere with the performance of his services under this Agreement. 4.INDEPENDENT CONTRACTOR RELATIONSHIP CONTRACTOR is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of ENTITY. ENTITY shall determine the work to be done by CONTRACTOR, but CONTRACTOR shall determine the legal means by which it accomplishes the work specified by ENTITY. 5.FEDERAL, STATE, AND LOCAL PAYROLL TAXES Neither federal, state or local income taxes, nor payroll taxes of any kind shall be withheld and paid by ENTITY on behalf of CONTRACTOR or the employees of CONTRACTOR. CONTRACTOR shall not be treated as an employee with respect to the services performed hereunder for federal or state tax purposes. CONTRACTOR understands that CONTRACTOR is responsible to pay, according to law, CONTRACTOR's income tax. CONTRACTOR further understands that CONTRACTOR may be liable for self- employment (Social Security) tax to be paid by CONTRACTOR according to law. 6.LICENSES AND LAW CONTRACTOR represents that he possesses the skill and experience necessary and all licenses required to perform the services under this agreement. CONTRACTOR further agrees to comply with all applicable laws in the performance of the services hereunder. ELECTRICAL SERVICES AGREEMENT — Page 1 14. NONWAIVER Failure of either party to exercise any of the rights under this Agreement, or breach thereof, shall not be deemed to be a waiver of such right or a waiver of any subsequent breach. 15. CHOICE OF LAW: Any dispute under this Agreement, or related to this Agreement, shall be decided in accordance with the laws of the state of Idaho. 16. ENTIRE AGREEMENT This Agreement can only be modified or amended in writing under mutual agreement by both parties. 17. SEVERABILITY: If any part of this Agreement is held unenforceable, the remaining portions of the Agreement will nevertheless remain in full force and effect. 18. ATTORNEY FEES Reasonable attorney fees shall be awarded to the prevailing party in any action to enforce this Agreement or to declare forfeiture or termination of this Agreement. DATED this 23rd day of January 2019. ENTITY: CITY OF McCALL, a Municipal Corporation ay: Nfne: Jack' J. Ay on CONTRACTOR: ROGERS ELECTRIC By: Name: Title: Mayor Title: ELECTRICAL SERVICES AGREEMENT — Page 3 Title: Mayor Ft FCTRICAL SERVICES AGREEMENT — 14. NONWAIVER Failure of either party to exercise any of the rights under this Agreement, or breach thereof, shall not be deemed to be a waiver of such right or a waiver of any subsequent breach. 15. CHOICE OF LAW: Any dispute under this Agreement, or related to this Agreement, shall be decided in accordance with the laws of the state of Idaho. 16. ENTIRE AGREEMENT This Agreement can only be modified or amended in writing under mutual agreement by both parties. 17. SEVERABILITY: If any part of this Agreement is held unenforceable, the remaining portions of the Agreement will nevertheless remain in full force and effect. 18. ATTORNEY FEES Reasonable attorney fees shall be awarded to the prevailing party in any action to enforce this Agreement or to declare forfeiture or termination of this Agreement. DATED this 23rd day of January 2019. ENTITY: CITY OF McCALL, a Municipal Corporation By: By: Name: Jackie J. Aymon Name: Richar. Wagner Title: Owner CONTRACTOR: CTRIC Page 3