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Independent Contractor - 2020 - Develop Interpretive Labels For Museum Exhibits & Displays - 4/28/2020 SCANNED CITY OF EAGLE INDEPENDENT CONTRACTOR AGREEMENT �� N DEPEND T CONTRACTOR AGREEMENT("Agreement")is made and entered into this • day of 2020, by and between the City of Eagle, Idaho, an Idaho municipal corporation("City")and Fred Fritchman,an individual("Contractor"). City and Contractor are sometimes collectively referred to herein as the"Parties." RECITALS WHEREAS,City owns and operates a museum known as the Eagle Historical Museum; WHEREAS,the City desires to retain the services of Contractor to develop interpretive labels and exhibitory shop drawings for Porch, Flour Mill and Barbershop Exhibits for use and display at the Eagle Historical Museum; and WHEREAS, Contractor desires to act as an independent contractor to the City for the purpose developing said interpretive labels and exhibitory shop drawings for new exhibits at the Eagle Historical Museum. AGREEMENT NOW,THEREFORE, for good and,valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained,the parties agree as follows: 1. Incorporation of Recitals: The above Recitals are a material part of this Agreement and are incorporated into the Services of this Agreement by reference as though they were fully set forth herein. 2. Services. Contractor shall provide all exhibit design, graphic design, editing and project management services for the following labels and exhibitory shop drawings identified in Exhibit A and depicted in Exhibit B which both exhibits are attached hereto and made a part of this Agreement. Contractor shall render the services in a professional,diligent,careful and thorough manner consistent with ood business practice. Contractor shall complete all services under this Agreement on or before —' 2020. 3. Compensation and Payment. The City shall pay Contractor Two Thousand Seven Hundred Seventy Dollars and 00/100 ($2,770.00)for the Services rendered under this Agreement. 4. Independent Contractor. At all times during the term of this Agreement,Contractor shall be an independent contractor and shall not be an employee of the City. The City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement. The City shall not have the right to control the means and methods by which Contractor accomplishes services rendered hereunder. Contractor shall indemnify the City against any liability arising out of an allegation or finding that Contractor is not an independent contractor. Contractor is not entitled to employee benefit programs or any protection afforded employees of the City of Eagle. Contractor is not prohibited from providing the same services for other businesses at any time except times which would present a conflict in providing City services under this Agreement. As a self-employed person, the Contractor will City of Eagle Independent Contractor Agreement Page 1 of 6 be solely responsible for payment of all federal and state taxes, will not be an employee of the City for worker's compensation or any other purposes,and will not have unemployment insurance benefits. 5. Indemnification, Insurance and Waiver. Contractor and each and all of Contractor's employees,agents,contractors,officers,servants,guests and/or invitees shall,and hereby does,indemnify, save and hold harmless,release and forever discharge the City of Eagle,its officers,agents,employees and volunteers from and for any and all losses,claims,actions,judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Contractor or any employee, agent, contractor, officer,servant,guest and/or invitee thereof,at or in its use of City property,facilities,or equipment or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of the City, regardless of the manner by which such claim may be brought. Contractor shall at all times during the term of this Agreement,at Contractor's sole cost and expense, obtain and keep in force comprehensive general insurance, which insurance shall name the City as additional insured. Contractor shall provide City a Certificate of Insurance identifying proof of insurance as set forth herein and identifying the City as an additional insured no later than June 28,2019.If Contractor has employees, it shall provide the City proof of Worker's Compensation insurance,as required by Idaho law. The City does not insure Contractor against all or any part of Contractor's liability for injury resulting from an act or omission in the Contractor's performance of any work or services under this Agreement. 6. Contractor Not Agent. Except as the City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent. Contractor shall have no authority,express or implied,pursuant to this Agreement,to bind the City to any obligation whatsoever. 7. Compliance with Laws. Contractor agrees to comply with all local, State and Federal laws when performing services under this Agreement. 8. Proprietary Rights. Contractor agrees that all work product created solely or jointly by Contractor, his employees, associates or subcontractors, arising from work performed hereunder, or previously conceived in anticipation of consulting work to be performed in regard to the City's engagement of Contractor,shall be deemed"work made for hire"and constitutes property of the City. Contractor shall cause all of his employees,associates,or subcontractors assisting in creating the work product to execute a similar acknowledgment that the work product is "work made for hire." "Work Product" shall mean all documentation,manuals,teaching material,creative works,know-how,and information created on behalf of the City in whole or part by Contractor and all of his employees, associates or subcontractors assisting in creating the work product within the scope of this Agreement,whether or not copyrightable or otherwise protectable. 9. Records. Contractor 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 work performed hereunder, or in anticipation of the work to be performed in regard to this Agreement,shall at all times remain the sole property of the City. Contractor shall turn over to the City all copies of such documents on request of the City. Contractor shall abide by the Idaho Public Records Act and coordinate any requests with the City Clerk and City Attorney. 10. Notice. Communication between the Parties regarding day-to-day matters shall occur via email or telephone and should be directed to the attention of Alana Dunn,or her designee,as follows: City of Eagle Independent Contractor Agreement Page 2 of 6 City of Eagle Contractor Attn: Alana Dunn Attn: Fred Fritchman Email: adunn@,cityofeagle.org Email: ffritchman@msn.com Phone: (208)939-2669 Phone: (208)336-7627 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 Fred Fritchman City Clerk's Office 1321 Denver Ave. Attn: Sharon Bergmann Boise,ID 83706 P.O. Box 1520 Eagle, ID 83616 11. Assignment. This Agreement may not be assigned or delegated by either party without prior written consent of the other party. 12. 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. 13. Governing Law. This Agreement will be construed in accordance with the laws of the State of Idaho. The Parties submit to the jurisdiction of Idaho courts and agree that proper venue for any suit concerning this Agreement shall be in the Fourth Judicial District of the State of Idaho, in and for Ada County. 14. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the subject matter hereof. Statements or representations of any kind not embodied herein shall be of no force or effect. This Agreement may only be modified in writing. 15. Heirs and Assigns. This Agreement and the terms and conditions hereof shall apply to and are binding upon the heirs,executors,administrators and assigns of the Parties hereto. 16. Severability. 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. 17. Approval. The City and Contractor each acknowledge that this Agreement, even though agreed upon by the City's representatives, is not binding upon the City until such time as the Eagle City Council approves this Agreement and authorizes the Mayor to execute this Agreement on behalf of the City. [this space intentionally left blank] City of Eagle Independent Contractor Agreement Page 3 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF EAGLE: CONTRACTOR: By: ✓,. `� i �.,�- --�. Ja ierce. Mayor Fred Fritcl-Iman, Individually ATTEST: .•''.cam{ OF Eq • haron K. I3 a ann, City Clerk 4 urer z * • SEAL ! : Atilt. do '••, OF VO�oo`° , EXHIBIT A City of Eagle Independent Contractor Agreement Page 4 of 5 •aaHarr.aa•y �� -��•••1.01.0 f i ari f • YP s• • r a• 4 f 1 f• .. • vI I' , ,` y EXHIBIT A Fredgrit man. • Exhibit design • Graphic design • Illustration ,` 1321 Denver Avenue ° Boise, Idaho 83706 • (208) 336-7627 •ffritchman@msn.com -‘444k Proposal and draft exhibit contract Customer Project Date Eagle Historical Museum Porch, flour mill, and barbershop exhibits 4/1/2020 Description Lui ditions and asumption.;. Develop interpretive labels and exhibitry shop drawings ^ Customer to supply all text, high resolution image for new exhibits at Eagle Historical Museum scans, artifacts, repro objects, and review of exhibit materials. Honor Farm and intro exhibit wall • Contractor to supply all exhibit design, graphic design, Construction drawings for relocated Honor Farm exhibit editing, and project management services. and main wall of new Eagle history intro exhibit Price does not include artifact conservation, mounts, or electrical services. $ 250.00 ^ Price is based on included sketches. • Dimensions on attached drawings are approximations. Porch labeling and exhibitry Concept, editing, and design of one full-color interpretive label. Shop drawings for fabrication of new exhibitry for relocated porch exhibit. $ 630.00 Flour mill labeling and exhibitry Concept, editing, and design of one full-color interpretive label. Shop drawings for fabrication of casework and railing exhibitry for new Eagle Flour Mill exhibit. $ 675.00 Barbershop labeling and exhibitry Design and editing of two full-color interpretive labels and shop drawings for exhibitry for new barbershop/beauty parlor exhibit. $ 1215.00 TOTAL: $ 2770.00 Exhibit A Customer: Eagle Historical Museum Date Contractor: Fred Fritchman Date EXIT - PR L ` • I I Back porch label p 1p 1 ry 11 IrI ! step Side view Front view Eagle Historical Museum Back Porch Exhibit • Exhibit B , . . ..t . .,, . . --1 i I , I 5111 I I w I, 0 I C75 i-_• _ 111111 :- U) _ . I --I 4-, T I L _ ._ u 111111111P- I 1 I 0 IIIIIIIIIF 1 I , -I • I MEP- i 1 0 0 i U- :0 U.1 . < , .., 5 ciamet., ujozi- 1111111111110 .___ li.,,, •§ P ce lopp,.. .i.. . =., •4.01.0 — . .,... rDi.. c:C z..-; au • 11 ._ , i I I ,. I I- C:71-1----1= ___ u_ 1 Beauty parlor label -- a `- 00 000 I Area of interpretive label o 0 r—-r T l I I I I I I I I I I I I I I I I I I I I I I I I I I I I I FRONT VIEW SIDE VIEW BARBER SHOP/BEAUTY SALON Exhibit Concept �.. Policy Number: 60678-98-61 Date Entered: 4/16/2020 ACORD CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDD/YYYY) �.------ 4/16/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTNAME: Kurt Kurt Pfleger Pfleger Agency 5107 Overland Rd (A/c.No.Ext): (208)345-5111 FAX No); (208)343-6716 E-MAIL Boise, ID 83705 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC S _ INSURER A:Farmers Insurance Exchange INSURED Fred Fritchman Design INSURER B: INSURER C: 1321 S Denver Ave INSURER D: Boise, ID 83706-3301 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INS!) WVD POLICY NUMBER I(MM/DD/YYYY) (MMIDDIYYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCEMISE $1,000,000 CLAIMS•MADE OCCUR 60678-98-61 04/09/2020 04/09/2021 PRES(EaEoccuEnence) $75,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $Included GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE S 2,000,000 POLICY PRO- JECT LOC PRODUCTS•COMP/OP AGO $1,000,OOO OTHER: S •AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY _____,AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) 1 $ 4 UMBRELLA LAB 1 _ OCCUR EACH OCCURRENCE $ F j EXCESS LIAB [ CLAIMS•MADE AGGREGATE $ I DED I 1RETENTION$ 1 $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY STATUTE OTH- ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE NIA EL EACH ACCIDENT S /M OFFICEREMBER EXCLUDED? (Mandatory in NH) EL.DISEASE.EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below EL.DISEASE•POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) CERTIFICATE HOLDER CANCELLATION City of Eagle City Clerks Office Attn: Sharon Bergmann SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO Box 1520, Eagle ID 83616 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 76)1.Zk7Alik4Itli '' I Kurt G. Plefer 1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Produced using Forms Boss Plus software.www.FormsBoss.com;Impressive Publishing,LLC 800-208-1977