Minutes - 2007 - City Council - 06/05/2007 - Regular
EAGLE CITY COUNCIL
Minutes
June S, 2007
REGULAR COUNCIL AGENDA: 7:30 p.m.
I. CALL TO ORDER: Mayor calls the meeting to order at 7:30 p.m.
2. ROLL CALL:
City Council: Present: GUERBER, NORDSTROM, BANDY. Absent: BASTIAN. A quorum is
present.
Parks & Pathways Committee: Present: HUMMEL, FERGUSON, STOCKTON, TALBERT.
Absent: SAWYER, ALENSKIS
Mayor would to add to consent agenda 3B Contract for Services 4B Acquisition of Property for
Executive Session. BANDY AYE; GUERBER AYE; NORDSTROM AYE. MOTION
CARRIES.
3. UNFINISHED BUSINESS:
A. Clarification on motion e:rantine: noise waiver request for Busters: As allowed in
Eagle City Code 4-9-6(D),Busters Bar and Grill requested a noise waiver time extension
until midnight on June, 2007 to accommodate Fun Days Activities.
Mayor states that the original motion will stand, but there was clarification needed regarding the
time extension.
Bandy moves to grant noise waive to 11:00 p.m. on June 8, 2008. Seconded by Nordstrom.
ALL AYE.. . MOTION CARRIES.
4. EXECUTIVE SESSION:
A. Personnel: I.C. 96723 (A)
Guerber moves to go into Executive Session per Idaho State Code 6723(A) to discuss
personnel issues and Idaho State Code 67-2345 (c) acquisition of private property.
Seconded by Bandy. BANDY AYE; GUERBER AYE; NORDSTROM AYE.. .MOTION
CARRIES.
Council discusses personnel issues.
Council leaves executive session at 9:45 p.m.
Guerber moves to authorize Public Works Directo to begin negotiating with Alta Planning
and Design for the creation of a contract for services for the creation of a Parks and
Pathways Master Plan. Seconded by Nordstrom. BANDY AYE; NORDSTROM AYE;
GUERBER AYE; ALL A YE...MOTION CARRIES.
Nordstrom moves to authorize the Mayor to sign on behalf of the City a contract for
services with Kathy Robert as a Tree Identifier on a part-time basis under 20 hours a week
at $12.00 per hour for the term of June 6 to August 31,2007. Seconded by Guerber.
BANDY AYE; NORDSTROM AYE; GUERBER AYE; ALL A YE...MOTION CARRIES.
Guerber moves to go into Executive Session for the purpose of to consider preliminary
negotiation in matters involving matters of trade or commerce in which the governing body
is in competition with governing bodies in other states or nations. I. C. 6723 (E). Seconded
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Council holds discussion to consider preliminary negotiation in matters involving matters of
trade or commerce in which the governing body is in competition with governing bodies in other
states or nations.
Council leaves executive session at 10: 14 p.m..
II. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Bandy. ALL AYE: MOTION
CARRIES.. .
Hearing no further business, the Council meeting adjourned at 10:15 p.m.
Respectfully submitted:
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CITY CLERK/TREASURER
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MAYOR
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A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT EAGLE
CITY HALL
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CONTRACT FOR SERVICES
THIS AGREEMENT, made this day as first signed below, by and between the
City of Eagle, Idaho a municipal corporation (hereinafter "Eagle"), and Kathy Robert, a
person knowledgeable in Arboriculture and tree identification (hereinafter "Intern").
WHEREAS, the City Eagle, a municipal corporation duly organized and existing
under the general municipal laws of the State of Idaho, desires to retain the services of a
horticulture student to serve the City of Eagle as the Tree Inventory Intern;
WHEREAS, Kathy Robert, a horticulture student, desires to act as an independent
contractor to the City of Eagle for the purpose of providing tree identification and
inventory services;
NOW, THEREFORE, for and in consideration of the mutual promises contained
herein, the parties agree as follows:
1.) That Kathy Robert, 1133 W. Hollandale Drive, Boise, Idaho 83705, shall
act as the Tree Inventory Intern for the City of Eagle.
2.) The Intern shall report directly to the Eagle City Forester. Duties shall
include, but are not limited to, conducting the Eagle City Tree inventory data gathering,
data entry, and mapping of inventory data.
3.) The fee payable by the City of Eagle, Idaho, to Kathy Robert shall be at a
rate of $12.00 per hour, not to exceed 20 hours per week, unless otherwise approved in
writing in advance by the Zoning Administrator. The intern will submit an itemized
monthly billing statement to the City Clerk. Eagle does not guarantee any stated or
minimum amount of work for the intern.
4.) The Intern is an independent contractor of Eagle and in no way an
employee or agent of Eagle and is not entitled to workers compensation or any benefit of
employment with Eagle. Eagle shall have no control over the performance of this
Agreement by the intern or its employees or agents, except Eagle shall specify the time
and place of performance. Eagle shall have no responsibility for security or protection of
the intern's supplies or equipment.
5.) The term of this contract shall begin on June 6, 2007, and end on August
31, 2007. The contract may be renewed by the parties in writing for one year intervals
from October 1 to September 30 corresponding to Eagle's fiscal year, such renewal shall
not prevent either party from terminating this Agreement with thirty (30) days prior
written notice to the other party.
6.) Indemnification: Intern agrees to indemnify and hold Eagle harmless from
any liability, claims or damages arising out of or in any way connected with Intern's
performance of the work described in this Agreement.
CONTRACT FOR SERVICES — Page 1 of 4
7.) Compliance with Laws: The Intern agrees to comply with all local, state
and federal laws when performing under this Agreement.
8.) Attorney Fees: Reasonable attorney fees shall be awarded to the
prevailing party in every action to enforce this Agreement or to declare forfeiture or
termination of this Agreement. The venue for any dispute shall be Ada County in the 4th
Judicial District for the State of Idaho.
9.) Taxes: The Intern is responsible for payment of any local, state or federal
taxes, including estimated taxes and employment reporting requirements imposed by
local, state or federal laws.
10.) Proprietary Rights:
A.) The Intern agrees that all Work Product created solely or jointly by
the Intern, its employees, associates or subcontractors, arising form work performed
hereunder, or previously conceived in anticipation of consulting work to be performed in
regard to Eagle's engagement of intern, shall be deemed "work made for hire" and
constitutes property of Eagle. The Intern shall cause all of its employees, associates, or
subcontractors assisting in creating the Work Product to execute a similar
acknowledgment that the Work Product is a "work made for hire."
B.) "Work Product" shall mean all documentation, manuals, teaching
material, creative works, know-how, and information created on behalf of Eagle in whole
or part by the Intern and all of its employees, associates or subcontractors assisting in
creating the Work Product within the scope of this Agreement, whether or not
copyrightable or otherwise protectable.
11.) Records: Intern shall keep full and accurate records of all work
performed under this Agreement. All records, sketches, drawings, prints, computations,
charts, reports and other documentation made in the course of the consulting work
performed hereunder, or in anticipation of the consulting work to be performed in regards
to this Agreement, shall at all times be and remain the sole property of Eagle. The Intern
shall turn over to Eagle all copies of such documentation on request by Eagle. The Intern
shall abide by the Public Records Act and coordinate any requests with the City Clerk
and City Attorney.
12.) Savings Clause: If any provision of this Agreement, or the application of
such provision to any person or circumstance, shall be held invalid, the remainder of this
Agreement, or the application of such provision to persons or circumstances other than
those as to which it is held invalid, shall not be affected thereby.
CONTRACT FOR SERVICES — Page 2 of 4
DATED this 5th day of June, 2007.
APPROVED:
Nancy C. Merrill, Mayor
ATTEST:
Sharon K. Bergmann, City Clerk
STATE OF IDAHO )
• ss.
COUNTY OF ADA )
TREE INVENTORY INTERN:
Kathy Robert
On this day of , 2007, before the undersigned notary public in
and for the said state, personally appeared, NANCY C. MERRILL, Mayor, City of Eagle,
known or identified to me to be the person who executed the foregoing instrument and
acknowledged to me that he or she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year
first above written.
Notary Public for Idaho
Residing at:
My Commission Expires:
STATE OF IDAHO )
. ss.
COUNTY OF ADA )
On this day of , 2007, before the undersigned notary public in
and for the said state, personally appeared KATHY ROBERT, known or identified to me
to be the person who executed the foregoing instrument and acknowledged to me that he
or she executed the same.
CONTRACT FOR SERVICES — Page 3 of 4
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year
first above written.
Notary Public for Idaho
Residing at:
My Commission Expires:
CONTRACT FOR SERVICES -- Page 4 of 4