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HomeMy WebLinkAboutItem 12 - Electrical Inspection AgreementLake Elmo City Hall 651-747-3900 3800 Laverne Avenue North Lake Elmo, MN 55042 AGREEMENT FOR ELECTRICAL INSPECTION SERVICES This agreement for electrical services between the City of Lake Elmo (hereinafter referred to as to As the “City”) 3800 Laverne Avenue, Lake Elmo, MN 55042, and_______________________(hereinafter referred to as the “contractor”). RECITALS: WHEREAS, the City wishes to purchase the services of the Contractor as an electrical inspector for the City; and WHEREAS, the Contractor is qualified to perform electrical inspection services for the City and is willing to provide such services pursuant to this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and undertakings hereinafter stated, the parties to this Agreement agree that the Contractor shall be retained to provide assigned electrical inspections, to verify compliance with applicable electrical codes and ordinances in a manner established by the City’s chief building official, as follows: I. Scope of Services a. Perform electrical inspection assigned by the City for compliance with the current version of the State Electrical Code and related laws, rules and city ordinances. b. Perform inspections on the day requested, except as approved by the city. c. Be available by phone during established hours, as determined by the City, to receive calls related to code requirements, inspection procedures and other electrical inspection matters. It is understood that the normal hours are generally from 8:00 a.m. to 4:30 p.m. d. Report to the Inspections Division to pick up inspection requests, report on completed inspection, be available to City Staff, and email permit e. Be available on a limited basis to meet customers at scheduled times and locations. f. Be available for inspections, consultations, meetings, and other inspection related duties that may not be associated with the electrical permit. g. Write correction notices and perform follow-up inspections as needed to obtain compliance. h. Follow inspection procedures and processes established by the City. 2 i. Maintain computer capability to access the City inspection system via the internet. Input inspection results in the City inspection database via internet connection from an off-site terminal. The City may choose to record inspection results in house in lieu of this requirement. j. Provide a City approved back-up plan that indicates how inspections will be performed during high volume periods, sick days, vacation time, etc. k. Maintain permits and inspection records. l. Receive inspection requests and schedule. II. CITY RESPONSIBILITIES a. Issue permits. b. Provide inspection request tickets. c. Provide inspection approval stickers and correction notices. d. Maintain permit and inspection records. e. Pay the Contractor monthly for completed permits. III. COMPENSATION AND EXPENSES The Contractor will receive 75% of the electrical permit fee. Payment will be made on monthly basis for completed permits. At the end of the contract, the amount due the Contractor will be prorated based upon the percentage of inspections completed. The Contractor will be responsible for the Contractor’s costs, transportation, telephone and other related costs necessary to complete the inspections. Prior to the processing of any and all payments to the Contractor pursuant to this contract, compliance with the Lake Elmo Finance Department regulations on the completion and filing of W-9 forms and other IRS and Minnesota Department of Revenue taxing forms is required. IV. TERM The Contractor agrees to furnish electrical inspection services on behalf of the City during the period commencing the 1st day of ______________ 2014 and until terminated pursuant to this Agreement. V. INDEPENDENT CONTRACTOR 3 Nothing contained in this Agreement is intended or should be construed as creating the relationship of co-partners or joint ventures with the City. No tenure or any rights or benefits, including workers compensation, unemployment insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to City employees shall accrue to the Contractor for performing services under this Agreement. VI. INDEMNIFICATION The Contractor agrees that the will defend, indemnify, and hold harmless the City, its officers and employees, against any and all liabilities, loss, costs, damages and expenses, which the City, its officers and employees may hereinafter sustain, incur, or be required to pay, arising out of the Contractor’s performance or failure to adequately perform its obligations pursuant to this contract. VII. INSURANCE a. The Contractor does further agree that in order to protect himself as well as the City under the indemnity provisions set forth above, the Contractor will at all times during the term of this Agreement and for a period of three (3) years thereafter, have and keep in force a general liability insurance policy in the amount of at least $2,000,000. The Contractor shall further furnish the City with a certificate of Insurance for such coverage upon the execution of this agreement. b. Contractor shall provide a certificate of insurance showing evidence of workers’ compensation coverage or provide evidence of qualification as a self-insurer of workers’ compensation. c. Contractor shall maintain automobile liability insurance, and if necessary, umbrella liability insurance with a limit of not less than $2,000,000 each accident. If such insurance contains a general aggregate limit, the general aggregate limit shall be not less than $2,000,000. The insurance shall cover liability arising out of any auto, including owned, hired, and non-owned autos. VIII. TERMINATION a. Upon thirty (30) days written notice to the City, this Agreement may be terminated by the Contractor should the City fail substantially to perform in accordance with the Agreement terms through no fault of the Contractor. 4 b. Upon seven (7) days written notice to the Contractor, the City reserves the right to terminate all or part of this Agreement whenever the City determines that the continuation of this Agreement is not in the best interest of the City. c. Upon receipt of a termination notice, the Contractor shall cease all work and delivery, save those necessary to protect the public health, welfare and safety. d. Termination shall not invalidate any obligation properly incurred by the Contractor prior to receipt of the termination notice to the extent that such obligations are no cancellable. IX. AUDIT AND DISCLOSURE The Contractor shall allow the City, or its duly authorized agents, reasonable access to such of the Contractor’s books and records, documents, accounting procedures and practices as are permitted to all services provided under this agreement. X. RECORD RETENTION The Contractor shall retain all records pertinent to this Agreement, for a minimum of three (3) years after the contract completion and audit by the City, except that if any litigation, claim or adverse audit finding exists, the record shall be kept until final disposition thereof has been resolved. XI. SEVERABILITY The provisions of this Agreement are severable. If any portion hereof is for any reason held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this agreement. XII. ENTIRE AGREEMENT The entire agreement of the parties is contained herein. This Agreement supersedes all agreements and all negotiations between the parties relating to the subject matter hereof, as well as any previous agreements presently in effect between the parties. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 5 XIII. COMPLIANCE WITH LAWS AND REGULATIONS In providing services hereunder, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provision of such services, including those now in effect and hereafter adopted. XIV. WAIVER Any waiver by either party of a breach of any provision of this Agreement shall not affect in any respect the validity of the remainder of this Agreement. XV. GOVERNING LAW This Agreement shall be controlled by the laws of the State of Minnesota. XVI. RENEWAL This Agreement may be renewed by mutual agreement of the parties with all the terms and conditions herein being renegotiable by the parties. XVII. SUBCONTRACTING AND ASSIGNMENT Contractor shall not enter into any subcontract for performance of any services contemplated under this Contract without the prior written approval of the City and subject to such conditions and provisions as the City may deem necessary. The Contractor shall be responsible for the performance of all subcontractors and for submitting the names, insurance and qualifications of subcontractors. XVIII. NONDISCRIMINATION During the performance of this Agreement, the Contractor agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed or national origin, be excluded from full employment rights, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination. 6 IN WITNESS WHEREOF, the parties have hereunto set their hands this _____ day of ____________, 2013. CONTRACTOR: CITY OF LAKE ELMO By:____________________ By:____________________ ____________________ (Mayor) Its:__________________ Dated:_________________ Dated:___________________, 2013 By:____________________ (City Administrator) Dated:_________________