Independent Contractor - 2020 - Create Poster / Social Media Design For 2020 Eagle Fun Days - 2/11/2020 PROFESSIONAL SERVICE AGREEMENT
.1' This PROFESSIONAL SERVICES AGREEMENT(the "Agreement") is entered into this
day of February 2020, by and between the City of Eagle, an Idaho municipal corporation
("City") and Red Couch Creative Inc., an Idaho corporation. ("Contractor"). The City and
Contractor are sometimes collectively referred to herein as the "Parties."
RECITALS
WHEREAS the City desires to contract for graphic design services to be utilized on an "as
needed"basis for a variety of projects for the City;
WHEREAS, Contractor possess qualifications, skills and the experience necessary to
provide graphic design services on behalf of the City.
NOW THEREFORE, and in consideration of the mutual promises contained herein, the
Parties agree to the following:
1. INCORPORATION OF RECITALS. The above Recitals are a material part
of this Agreement and are incorporated into the Terms and Conditions of this Agreement by
reference as though they were fully set forth herein.
2. SERVICES. The Contractor shall perform all services to accomplish the Scope of
Work identified in Exhibit A attached hereto and made a part hereof as an integral part of this
Agreement.
3. COMPENSATION. The Contractor shall be paid for actual services rendered at
a total project rate not to exceed $950.00 (the "Contract Sum").
4. CHANGES IN SCOPE OF WORK. Changes in the Scope of Work shall
be accomplished by a Change Order. A Change Order is a written instrument issued after the
execution of this Agreement signed by the City and Contractor stating their agreement upon the
change in Scope of Work and, if necessary, an adjustment to the Contract Sum and/or the
Completion Date. Any adjustment to the Contract Sum or the Completion Date required by the
Change Order shall be expressly set forth in the Change Order and, if no such adjustment is
expressly set forth in the Change Order, there shall be no implied agreement for changing the
Contract Sum or the Completion Date.
5. ADDITIONAL EXPENSES. Usual and customary office expenses, as well as
mileage compensation, shall not be considered for reimbursement to the Contractor. However,
should other services be needed by the contractor prior written approval must be obtained by the
City, for said expenses to be available for reimbursement.
SERVICES AGREEMENT-1
6. COMMENCEMENT AND COMPLETION. Contractor shall achieve
substantial completion of the Scope of Work no later than March 16, 2020 (the "Completion
Date").
7. INDEPENDENT CONTRACTOR. The City and Contractor hereby agree that
Contractor shall perform the services contemplated in under this Agreement exclusively as an
independent contractor and not as employee or agent of the City. The Parties do not intend to
create through this Agreement any partnership,corporation,employer/employee relationship,joint
venture or other business entity or relationship other than that of independent contractor.
Contractor, its managers, members, directors, officers, shareholders, agents and employees shall
not receive nor be entitled to any employment-related benefits from the City including without
limitation, workers compensation insurance, unemployment insurance, health insurance,
retirement benefits or any benefit that the City offers to its employees. Contractor shall be solely
responsible for the payment of all payroll and withholding taxes for amounts paid to Contractor
under this Agreement and Contractor's payments for work performed in performance of this
Agreement by Contractor managers, members, directors, officers, shareholders, agents and
employees; and Contractor hereby releases, holds harmless and agrees to indemnify the City from
and against any and all claims or penalties, including without limitation the 100%penalty, which
in any manner relate to or arise from any failure to pay such payroll or withholding taxes.
8. OWNERSHIP AND INTELLECTUAL PROPERTY: All materials produced
for the City by the Contractor under this Agreement shall become the sole property of the City.
Contractor hereby assigns to the City all of Contractor's right,title,and interest, including,but not
limited to,copyright and all copyright rights,in all materials created by Contractor in its performance
under this Agreement. Contractor further warrants that all materials created by Contractor will not
constitute infringement of any copyright, patent or other intellectual property rights of any third
party.
In the event of termination of this Agreement by either party for any reason, the City shall
have the right to receive,and Contractor shall promptly provide to the City,all drawings,documents,
graphic images, creative assets, reports, renderings, exhibits, models,prints, photographs, etc., and
other materials prepared by the Contractor for the services under this Agreement. In the event of
termination,and any dispute regarding the amount to be paid under this Agreement notwithstanding,
the City retains the right to receive and use any such documents or materials. The foregoing
provisions shall survive the term and termination of this Agreement.
9. INDEMNIFICATION. Contractor shall indemnify and hold City harmless with
respect to any claim or action made against City that the material created by Contractor infringes
on any U.S.patent,copyright or other intellectual property right of a third party. Contractor agrees
to give City, and City agrees to give Contractor, as appropriate, prompt written notice of any
written threat, warning or notice of any such claim or action against Contractor or City, as
appropriate.
10. PAYMENT SUBMISSION. Contractor shall submit an invoice for payment to
Eagle City Hall,P.O Box 1520,Eagle,Idaho 83616. The invoice shall provide a detailed statement
of the services provided, and hours spent on the task. Payment shall be made within thirty (30)
SERVICES AGREEMENT-2
days of receipt invoice. If payment is not received within thirty (30) days of delivery of invoice
late fees of$50.00 per day will accrue. Should the 30th day fall on a weekend, the payment shall
be due the following Monday.
11. TAXES: The Contractor assumes full and sole responsibility for payment of state
and federal income tax, withholdings, social security, and other payroll taxes on any income
attributable to the Contractor arising from compensation provided under this Agreement. As such
the contractor shall be required to submit a completed W-9 at time of contract execution.
12. CONTRACTOR NOT AGENT. Except as City may specify in writing,
Contractor shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this
Agreement,to bind City to any obligation whatsoever.
13. NOTICE. Communication between the Parties regarding day-to-day matters shall
occur via e-mail or telephone. For Clarification on or direction regarding day-to-day matters, the
point of contact for the City shall be Public Information Officer, Ellen Mattila. All other notices
required to be given by either of the Parties shall be in writing and be deemed communicated when
personally served, or mailed in the United States mail,addressed as follows:
CITY OF EAGLE: CONTRACTOR:
Attn: City of Eagle Red Couch Creative
660 East Civic Lane 82 E. State Street, Suite F
P.O. Box 1520 Eagle, Idaho 83616
Eagle, ID 83616 Telephone: (208) 562-9075
Contact phone: 208-489-8790 Email: designredcouchcreative.com
Contact email: emattilacityofeag1e.org
14. COMPLIANCE WITH LAWS. Each party shall comply with all applicable
Federal, State and local laws and regulations.
15. ASSIGNMENT. This Agreement may not be assigned or delegated by either party
without prior written consent of the other party.
16. ATTORNEY'S FEES. The prevailing party in any claims or disputes arising out
of this Agreement shall be entitled to recover reasonable attorney's fees in addition to other relief
which a court of competent jurisdiction may award.
17. ENTIRE AGREEMENT. This Agreement and Exhibit(s) constitute the entire
agreement between the parties, and no representations or promises not set forth herein have been
made by either party as an inducement for entering into this Agreement. Any modification of this
Agreement or additional obligation assumed by either party in connection with this Agreement
shall be binding only if in writing and signed by each party.
SERVICES AGREEMENT-3
B
EXHIBIT A
(Scope of Work)
The Contractor shall provide the following services:
• Create poster and social media graphic design for the 2020 Eagle Fun Days event.
• The deliverables shall include the final poster in PNG and PDF format and social media
image files in PNG format as well as the original design files (i.e. Adobe Illustrator or
Windows Publisher files).
SERVICES AGREEMENT-5
18. GOVERNING LAW. This Agreement will be construed in accordance with the
laws of the State of Idaho.
19. SEVERABILITY. If any part of this Agreement is held to be invalid or
unenforceable, such holding will not affect the validity or enforceability of any other part of this
Agreement so long as the remainder of the Agreement is reasonably capable of completion.
20. HEADINGS. The headings in the Agreement are inserted for convenience and
identification only and are in no way intended to describe, interpret, define, or limit the scope,
extent, or intent of this Agreement or any provision hereof.
21. EXECUTION AND FAX COPIES AND SIGNATURES. This Agreement may
be executed simultaneously in one or more counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
CITY OF EAGLE: INDEPENDENT CONTRACTOR:
so Pierce, Mayor Contracto J/-2-1
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Date: / z.c.)
ATTEST:
Sharon K. Bergmann, City C erk/Treasurer
SERVICES AGREEMENT-4
THE CITY OF
IDAHO
Request for Quotes — Advertisement Design
I. Purpose. This is a request for quotes for graphic design work and layout for the City of Eagle's
advertisement and printing materials for 2020 Eagle Fun Days. This includes but is not limited to poster
design and social media content. Please refer to the Scope of Work. The City of Eagle may offer the
successful proposer two (2) additional one-year renewal terms.
Please note: The agreement term will run through September 30, 2020, provided however, that either
party to the agreement shall have the option to cancel and terminate the agreement by giving the other
party thirty (30) days written notice of its intent to terminate.
II. Selection. The City of Eagle will select what in its sole judgement it determines to be the quote
that will be in the best interests of the City of Eagle. A successful quote must include examples of past
work and references. Quotes and materials must be emailed and in PDF format. Please do not fax or
mail quotes. The deadline for quotes is 5:00 PM on December 31, 2019. Any quote received after that
date will not be considered for evaluation. The City reserves the right to waive any formalities in said
proposals, to accept or reject any or all quotes for any reason.
III. Scope of work. The City and the designer will agree on the project schedule before production
begins. The poster design portion of the project must be ready by February 21, 2020 due to the printing
deadline of the City of Eagle Summer Activity Guide. The scope of work is as follows:
1. Eagle Fun Days event poster design
2. Variations on the above Eagle Fun Days poster design sized for Facebook, Instagram, and
Twitter
IV. Project Specifications.
1. The designer is responsible for creating the original design template and is responsible for the
layout of each image.
2. The designer will need to incorporate specific content into the poster and social media images.
The design must:
a. Include the Eagle Fun Days Logo. A vector graphic of the logo will be provided to the
successful applicant.
b. Reflect the spirit of Eagle Fun Days. A document containing images and a description of
the event is available for download in the "Related Documents" tab. A copy of this
document will be provided to the successful applicant. The images and event
description are intended to inform and inspire the designer and do not need to be
included in the design.
3. The designer must be flexible with dynamic content changes asked for by the City of Eagle.
4. The designer must submit final designs and design files to the City of Eagle.
W
E CITY OF
IDAHO
V. Content of quotes.
1. A statement of the designer's proposed methodology in accomplishing the project
specifications.
2. A sampling of previously designed work and descriptions of projects for which the designer has
provided similar professional services.
3. Proposed schedule to complete the scope of work.
4. Detailed fees for design by hour or per project.
5. Client references.
VI. Award Criteria. The selection of the designer will be based on the following criteria:
Criteria
Points
Statement of methodology
25
Sample of previous work
25
Proposed Schedule
25
Client references
25
Total points
100
VII. Submission of quotes. Submit quotes to the City of Eagle by 5:00 PM on Tuesday, December 31,
2019.
Submissions by email
Email to:
clerks@citvofeagle.org
Submissions must be attached
to the email in PDF format
Please email Ellen Mattila at emattila@citvofeagle.org if you intend on submitting a quote. Any
questions asked by designers will be answered to all who intend on submitting quotes. The deadline to
submit questions is December 19th. Answers will be sent to all potential applicants on December 20th.
IRED COUCF
D C P E A T i V E
EAGLE FUN DAYS ADVER1 ISEMENT DESIGN
ClITY OF EAGLE
Clerks(cp iayofeagle.w g
Eag1 e, 11) 83616
ETATEMENY°T" OF NWSE"N`N1OD01 OETY
When my family and I moved to Eagle almost 10 years ago, my fondest memory
of our first few weeks here was when my oldest son, who was S at the time,
and I decided to head to downtown Eagle and walk around. We parked, walked
around for a bit, had lunch, and when we came out an hour later we realized
there was a parade coming down the street. So, we stayed and watched it. We
wondered why so many kids had water guns, but didn't think too much of it...
until the wet and wild parade came up. We thought for sure they wouldn't soak
unprepared spectators, but we were wrong. My son and I laughed after we were
properly drenched, went home, and later came back for the fireworks. We have
been loyal spectators ever since and look forward to Eagle Fun Days every year.
You ask for a methodology... as someone who has enjoyed all things "Fun Days"
from the parade to the fun run, the rodeo and playing random games of corn
hole, I can easily draw upon the memories, the feeling, the excitement and the
sense of community that comes along with Eagle Fun Days. My idea is to draw
up a compilation of the many aspects of Eagle Fun Days into a dynamic and en-
ticing poster design. As an example, see Figure 1. - a hand -drawn compilation I
designed for PBR under Samples of Previous Work.
I would sketch a collage of the fireworks, fun run, corn hole, parade, car show,
and live music with the Eagle Fun Days logo in the center, in a similar type
of style as the PBR poster example. Once a basic sketch is drawn up, I would
submit it to you for approval and edits as needed. Upon approval of the final
sketch, I will ink the final drawing, then add color and submit for final approval.
Any changes at this point to the drawing itself would be difficult, so it's impera-
tive that changes be noted at the time of the sketch. All artwork will be created
and digitized at very high resolution so it can be used for multiple purposes.
My name is Elle Phillips, and I'm the owner of Red Couch Creative, located right
here in downtown Eagle. I have been doing graphic design for over 22 years,
and have operated Red Couch Creative for the past 7 years. I would consider it
an honor to be selected to create a design for one of my favorite events.
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RED COUCH
C P EAT�VE
EAGLE FL,IN DAYS ADVER nSEMEN"r DESIGN
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Figure I a. Pabst Blue Ribbon art contest entry;
winner yet to be determined. Hand -drown by
Elle Phillips.
Figure 2. Book Cover design &
partial illustration work (girl
on swing) for local author,
K. McVere
V,,, -,, , ,, ,,, , Al"fay,
Figure 4, poster design (or Idaho Charter
School Network substitute teacher
recruitment.
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VVYMORE
11"IRANSFER
Figure I b, Original ink drawing, prior to color.
Figure 3. Ad design for Ortho
Montano orthopedics and urgent
care center.
Figure 5, New logo design for Wymore
Transfer,- hand -drawn semi -truck.
RED COUCI-]
CPEATIVE
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EAGLE FUN DAYS ADVER HSEIVIENT DESIGN
0TY OF EAGLE
c lerks�/(oc o Lyof eag ie.o ry
Eaglei, 0 83616
P R 0 P 0 S D S C H D U L E: ArE
Sketch completed and submitted for review
........... bylbefore January 77, 2020
Revisions submitted back to designer ..................
bylbefore January 24, 2020
Ink & Color completed; submitted to City ............
—bylbefore January 31, 2020
Final revisions submitted back to designer ............
by/before February 7, 2020
Final poster, print -ready, submitted to City*...........
by/before February 14, 2020
AI)y(Ah"I
wdhyol before /cOrum/
D E S ( G N 71 ME 1 Q 0 OTE PWCIE
First sketch of initial design/layout concept
3.0 Hours x $95/hour................................. .............. .... $285.00
Estimated client revisions
2.0 Hours x $95/hour..................................................... $190.00
Hand ink; scan at high resolution & digitize; add color & vector elements
(Eagle Fun Days logo, typography, dates, etc.)
4.0 Hours x $95/hour..................................................... $380.00
Finalize with any additional changes; export press -ready file for poster and
social media graphics
1.0 Hours x $95/hour...................................................... $95.00
TOTAL ESTIMATE $950.00
Pll� UM ! )l Al
RED COUCH
CPEATIVE
EAGLE FUN DAYS ADVER"'I"ISEMENT DESIGN
UTY OF EAGLE
dei ks((-1)dtyo(eag1e,(,)rg
Eagle, ID 83616
CUENT REFEW.114CES
PI ONE I IEWd A R 11
Sue Lowry, Blue Sky Marketing...........520-615-2588/Lowry@biueskymktg.com
Suzanne Metzgor, BLUUM Idaho............
208-377-0124 Ismetzgor@bluum.org
Kristyn Davis, Burton & Davis........ 208-870-8310/burtonanddovis@gmail.com
Steven Sacra, VIP Products ...............
480-704-1700/steve@vipproducts.com
Rekha Chandran, Author.. . ... ..........
... rekhachondran73@hotmoiI.com
Kelley McVere, Author .......................................
kmcvere@gmoil.com
Craig Tullis, Litster Frost Injury Attorneys
.................... craig@litsterfrost.com
Doug Case, Risingline Creative ..............
.... douglos.cose@risingline.com
Shawna Moyer, Martens Law Office ..............
smoyer@mortens1owoffice.com
CindyZasio, Zasio, inc .....................................
cindy.zosio@zasio.com