Full Text
MUTUAL AID AGREEMENT FOR SERVICES THIS AGREEMENT, made and entered into this first day of January, 1997, by and between the Regents of the University of Idaho, a public corporation, state educational institution and a body politic and corporate, organized and existing under the Constitution and laws of the State of Idaho, (the Ul), and the City of Moscow, a Municipal Corporation of the State of Idaho, (the CITY); WHEREAS, the City Council of the CITY has deemed it in the public interest to contract for services provided by the Ul; and, WHEREAS, the Ul is willing to provide certain services to the CITY; WITNESSETH: NOW THEREFORE, AND IN CONSIDERATION FOR THE MUTUAL PROMISES HEREIN SET FORTH, THE PARTIES HEREBY AGREE AS FOLLOWS: The Ul hereby agrees to provide the CITY with the following Plumbing and Electrical services under the following terms and conditions: 1. EMPLOYMENT: The Ul will provide the CITY with one qualified journeyman plumber and one qualified journeyman electrician for inspection services and other related services. 2. PERFORMANCE: The Ul will provide electrical and plumbing inspection service by individuals licensed by the State of Idaho to conduct electrical and plumbing inspections who will devote time and effort to the performance of these duties in accordance with the Standards of the Electrical and Plumbing profession. Duties shall include, but are not limited to, electrical and plumbing inspections, plan review, related record keeping, and identification of code violations. 3. ADDITIONAL PERSONNEL: The Ul will provide qualified journeymen for backup to the above plumber and the electrician in emergency situations and to cover for sick and annual leave. The Ul will also provide additional Physical Plant personnel, when requested, to assist in major plan review activities at published university rates (see attached). 4. AVAILABILITY: Plumbing and electrical inspectors shall each schedule regular office hours weekly in City Hall for brief consultations. In addition, the Ul will make a good faith effort to provide inspectors on day notice, subject, however to prior Ul need for the personnel. Also, the Ul will provide access to inspectors by phone at the Physical Plant for scheduling and taking calls as well as short consultations. H:\HOME\KENW\CIT¥97 A. WPD 97-0l ---PAGE BREAK--- Mutual Aid Agreement for Services Page 2 5. DURATION: Except in the case of earlier termination or mutual modification as provided in paragraph 8, this agreement shall be in effect from the first day of January, 1997 until 30th day of June, 2000, with annual adjustments beginning June 30, 1997, to reflect the charge out rate for the following year. 6. COMPENSATION: The Ul shall receive reimbursement for personnel services as provided in the attached reimbursement schedule (Attachment Charges will be renegotiated before the end of the current fiscal year (June 30, 1997). They will be consistent with Ul Facilities Management charge out rates but shall not exceed 4% increase per year. 7. COMMITMENT OF TIME: The Ul shall provide approximately 18 hours of electrical inspection services and 16 hours of plumbing inspection services per week, normally in segments of approximately 4 hours each. The days to be worked will be dependant upon workload schedule, subject to the acceptance by the CITY and the Ul. Hours worked for the prior month shall be reported to the Community Development Director on or before the fifteenth (15th) day of each month. 8. TERMINATION OR MODIFICATION: Either party may terminate this Agreement for any reason upon 120 days written notice. This Agreement may only be modified by mutual agreement of the parties in writing. Annual charge out rate modifications will be submitted by the Ul to the CITY and will be attached to the contract when approved. 9. OFFICE SPACE AND A PARKING PERMIT will be provided by the CITY as directed by the Community Development Director. The CITY will also provide all secretarial support (scheduling, permits, coordination, meetings, phone calls, etc.) and code books, forms, other office supplies, and transportation (from City facility). 10. TRAINING: The CITY will provide all costs (registration, travel, expenses, etc.) for training of the inspector in each position (ICBO Inspector or its equivalent). Persons in each of the two positions may attend training not to exceed ten (1 0) working days per year per position. The Ul will pay half of the cost of training a new person in either of the positions where there is a change of personnel within two years of the initial training in a position. The CITY will not be responsible for license fees or training necessary for maintenance of the inspector's journeymen licenses. 11. PERMIT FEES: The CITY will be the sole recipient of all permit fees. 12. CONTACT: The contact person for this program from the Ul will be the Facilities Management Associate Director for Management Services and for the CITY will be the Community Development Director. H:\HOME\KENW\CITY97A.WPD ---PAGE BREAK--- Mutual Aid Agreement for Services Page 3 13. EMPLOYEES: The Ul will carry all necessary workers' compensation insurance and make all necessary employment security contributions, and tax withholdings regarding personnel it provides under this agreement. 14. INDEMNIFICATION AND INSURANCE: Except as otherwise provided in Section 13 hereinabove, the CITY will defend, indemnify, and hold harmless the Ul and its agents and employees from and against any and all claims, damages, costs, liabilities, and expenses (including reasonable attorneys fees) that arise in connection with any act or omission of the Ul or its agents or employees, or that arise in connection with any act or omission of the CITY or its agents or employees, in any way related to the performance of services under this agreement. The CITY will purchase comprehensive general liability insurance (including errors and omission coverage) in the amounts of $500,000 Combined Single Limits. 15. ENTIRE AGREEMENT: This agreement represents the entire agreement between the parties hereto, and any other prior understandings, agreements, or contracts being hereby canceled without any further liability whatsoever on either party. IN WITNESS WHEREOF, the CITY by and through its Mayor and City Clerk, and the Ul, by and through its Financial Vice President have executed this agreement to be effective the day and year first set forth herein. REGENTS, UNIVERSITY OF IDAHO: Vice P_p(sl{e . n . t fo'Kfinance & Administration Jerry ;Wallay/ \ 10) CITY OF MOSCOW: ATTEST: City Clerk, ElairleR ell Attachment A: Billing Rate H:\HOME\KENW\C!TY97A,WPD ---PAGE BREAK--- CITY/UNIVERSITY AGREEMENT -ATTACHMENT A Plumbing/Electrical Inspectors Billing Rate FY97 (January 1, 1997 to June 30, 1997) Contract Rates: Plumbing Inspector Electrical Inspector H:\HOME\KENW\CiTY97 A.WPD $27.00 per hour $27.00 per hour