HomeMy Public PortalAbout2017.09.14 Northwest Code Pro ContractCONTRACT FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF McCALL, IDAHO
AND
THE BUILDING DEPARTMENT, LLC, DBA NORTHWEST CODE
PROFESSIONALS.
This Contract is made and entered into this /4 day of , 2017, by and
between the City of McCall, a municipal corporation of the State of Idaho, hereinafter
called the "CITY' and THE BUILDING DEPARTMENT, LLC, DBA NORTHWEST
CODE PROFESSIONALS, 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 OCTOBER, 2017, 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
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September 14, 2017
City may issue appropriate permits or notify the applicant of any deficiencies identified
in the plan review report.
I. 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:
70% of all plan review fees collected by CITY for building, mechanical, plumbing,
electrical, manufactured home setup, manufactured home and recreational vehicle park
permits for which services were performed or to be performed by CONTRACTOR.
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.
Current hourly rate $90.00/hr for additional review only after 3rd resubmittal by
applicant, for engineer review not to exceed 50% of plan check fees charged to applicant.
Shipping will be charged to CITY at actual cost only.
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 CONTRATOR'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
CONTRACTORS employer identification number, as designated by the Internal
Revenue Service.
8. CONTRACTOR REGISTRATION Before beginning services under this
agreement CONTRACTOR shall register to do business in the state of Idaho and provide
proof of such registry before City remits any sums to CONTRACTOR.
9. CITY CODES CONTRACTOR represents to CITY that it is familiar with all
building codes adopted by the state of Idaho, Valley County, and the City of McCall
which apply to the construction and erection of buildings and improvements for which
plans are submitted to the City for review and approval. All plan reviews conducted by
CONTRACTOR pursuant to this Agreement shall be performed using those applicable
codes.
10. CITY'S REPRESENTATIVE CITY'S authorized representative for the
purposes of this Contract shall be Michelle Groenevelt, 216 East Park Street, McCall,
Idaho 83638, phone 208-634-5229, fax 208-634-3038.
11. CONTRACTOR'S REPRESENTATIVE CONTRACTORS authorized
representative for the purposes of this Contract shall be Jack Applegate, 144 E 14th Ave,
Eugene, Oregon 97401, phone 800-358-8034.
12. CONTRACTOR AS INDEPENDENT CONTRACTOR
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.
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.
13. SUBCONTRACT - ASSIGNMENTS AND DELEGATION
A. 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.
B. 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.
14. 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.
15. 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.
16. 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 to
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.
17. 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
parry's right to assert or rely upon such terms or rights on any future occasion.
18. 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.
19. APPLICABLE LAW This Contract will be governed by the laws of the State of
Idaho.
20. 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.
21. 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, 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 CONTRACTORS acts which are outside the scope of
CONTRACTORS 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 CONTRACTORS duties
and responsibilities under the terms of this Contract, and entitled to the protections of an
agent of CITY.
22. INSURANCE Prior to providing any of the services required under the terms of
this Contract. CONTRACTOR, at CONTRACTORS 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.
23. 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.
24. 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
By�..
Jackie A on May
Attest: .� .�►►>.���/./'i
BessieJo W.ner, City erk
APPROVED AS TO FORM:
William F. Nichol(, City Attorney
The Building Department, LLC, doing
business as Northwest Code Professionals
By: .
David Mortir, President