Service Solicited - 2015 - Madeline Buckenforf Consulting LLC - CLG Barn Windshield Survey Summer 2015CONTRACT FOR SERVICES WITH ORIGINAL
MADELINE BUCKENDORF CONSULTING. LLC
THIS AGREEMENT is made as of the day first signed below, by and between
the City of Eagle, Idaho, an Idaho municipal corporation (hereinafter the "City "), and
Madeline Buckendorf Consulting LLC, an Idaho limited liability company (hereinafter
" Buckendorf'). The City and Buckendorf are collectively referred to herein as the
"Parties."
WHEREAS, the City, a municipal corporation duly organized and existing under
the general municipal laws of the State of Idaho, desires to retain the services of
Buckendorf, an experienced historian, to prepare a windshield survey of barns in Eagle
and Eagle's Area of Impact (the "Survey ") as contemplated by a grant -in -aid project
through a Memorandum of Agreement between the City and the Idaho State Historic
Preservation Office (the "MOA "); and
WHEREAS, Buckendorf desires to act as an independent contractor to the City
for the purpose of conducting a windshield survey or barns in Eagle and in Eagle's area
of impact.
NOW, THEREFORE, for and in consideration of the mutual promises contained
herein, the parties agree as follows:
1. Scope of Work:
1.1 Collection and Review of Prior Surveys. Buckendorf will request
information from the State Historic Preservation Office ( "SHPO ") on historic resources
previously surveyed within the Eagle city limits and impact area, some which were not
evaluated as to their historic importance or eligibility for inclusion in the National
Register of Historic Places ( "NRHP "). The Parties agree that all previously surveyed
sites, as reflected in the records provided by SHPO, will be included in the Survey.
1.2 Evaluation of Sites Not Previously Surveyed. Buckendorf agrees to
evaluate and include in the Survey areas lying outside of the boundaries of previous
surveys and within the City of Eagle and Eagle Impact Area.
1.3 Photography and Records of Barns. Buckendorf will take photographs
and record information on existing historic barns. If a previously recorded barn is no
longer standing, she will make a note of that property's address. The final product shall
include:
• Address and location of barn on topo maps of the area
• One oblique digital image of barn
• One sketch map showing streets and approximate location of barn
• Digital photos to be placed on archival - quality CD
• Historian's opinion as to whether the barn is historic eligible or not
eligible
• Brief written report on survey results
1.4 Estimated timeline:
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• April -May 2015 — begin survey and photography of barns, make
initial determination as to NRHP eligibility, make sketch map and
mark location on USGS map;
• June 15, 2015 — draft report submitted to the City of Eagle and SHPO;
• July 15, 2015 — final revisions to the report and preparation of all
attachments will be completed and turned into the City of Eagle and
SHPO.
1.5 Project Products:
• One (1) set of printed digital images: one (1) set on CD and
accompanying photo logs;
• Two original USGS maps with properties marked thereon;
• Brief site sketch map of each property (not to scale, with nearby roads
or streets marked, as well as notation of the direction from which the
photographs were taken );
• A completed report on both CD and one (1) hard copy.
1.6 Periodic Reporting. For purposes of ensuring City compliance with the
terms of the MOA and related grant programs, if any, Buckedorf agrees to provide
periodic reports directly to the City Clerk, or designee, and the Eagle Historic
Preservation Commission. Considerable latitude is granted to Buckendorf for the
exercise of independent judgment and thinking.
2. Compensation: The fee payable by the City to Buckendorf shall not exceed one
thousand seven hundred and fifty dollars ($1,750.00). Reimbursement expenses to
Buckendorf shall not exceed one hundred and ten dollars ($110.00). Upon receipt of
invoices from Buckendorf, the City will act upon said invoices as set forth in Idaho Code
§ 67 -2302.
3. Independent Contractor: Buckendorf is an independent contractor of the City
and is in no way an employee or agent of the City and is not entitled to workers
compensation or any benefit of employment with the City. The City shall have no
control over the performance of this Agreement by Buckendorf or her employees or
agents, except as set forth in Section 1 above to ensure compliance with the MOA and
related grant programs, if any. The City shall have no responsibility for security or
protection of the Buckendorf s personnel, students, agents, supplies, or equipment.
4. Indemnification: Buckendorf agrees to indemnify and hold the City harmless
from any liability, claims, or damages arising out of or in any way connected with
Buckendorf's performance of the work described in this Agreement.
5. Compliance with Laws — Workers Compensation Insurance and Professional
Liability Insurance: Buckendorf agrees to comply with all local, state and federal laws
including carrying workers compensation insurance and general liability insurance when
performing under this Agreement. Buckendorf shall provide the City with certificates of
insurance that shall be in effect during the term of this Agreement. Specifically,
Buckendorf recognizes that the City is utilizing public funds and Buckendorf is required
to conduct her duties in a manner that is neutral in all respects.
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6. 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 the Fourth Judicial District for the State of
Idaho, in and for Ada County, Idaho.
7. Taxes: Buckendorf 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.
8. Pronrietary Rights
8.1 Work Made for Hire. Buckendorf agrees that all Work Product, as defined
below, created solely or jointly by Buckendorf, its employees, associates, students 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
Buckendorf, shall be deemed "work made for hire" and constitutes the sole property of
the City. Buckendorf shall cause all of its employees, associates, students or
subcontractors assisting in creating the Work Product to acknowledge that the Work
Product is "work made for hire" and the sole property of the City.
8.2 Work Product. "Work Product" shall mean all documentation, manuals,
teaching material, creative works, pictures, graphics, data, know -how, drawings, prints,
charts, computations and information created on behalf of the City in whole or part by
Buckendorf and all of its employees, associates, students, or subcontractors assisting in
creating the Work Product within the scope of this Agreement, whether or not
copyrightable or otherwise protectable.
9. Confidentiality: To the extent possible under Idaho law, Buckendorf and City
shall maintain in confidence (A) the subject matter of this Agreement, (B) the consulting
work carried out hereunder, (C) any Work Product or document/programs conceived
hereunder, and (D) any business or technical information of City acquired by Buckendorf
as a result of the consulting work carried out pursuant to this Agreement. These
obligations of secrecy shall continue throughout the duration of this Agreement and
thereafter. Notwithstanding, the parties shall abide by the Idaho Public Records Act.
Questions regarding compliance shall be directed to the City Attorney's Office.
10. Records: Buckendorf 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 joint property of the City and
Buckendorf. Buckendorf shall turn over to the City copies of such records upon on
request of the City. Buckendorf shall abide by the Idaho Public Records Act and
coordinate any requests with the City Clerk and City Attorney.
11. 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.
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12. Notices: Any notices required under this Agreement shall be deemed given upon
the date of personal delivery or 48 hours after deposit in the United States mail, postage
fully prepaid, return receipt requested addressed to the individuals at the addresses listed
below:
City Clerk
City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Madeline Buckendorf Consluting LLC
1805 Evertt St.
Caldwell, ID 83605
13. Term of Agreement: This Agreement commences at date of signature and ends
on September 30, 2015. If the Agreement is terminated by either party prior to the
termination date above, the terminating party must provide thirty (30) days written notice
to the other party prior to termination.
14. Governing Law. This Agreement shall be governed by, construed and enforced
in accordance with the laws of the State of Idaho.
15. Entire Agreement. This Agreement contains the entire understanding and
agreement between the parties relating to the matters contemplated herein and all prior or
contemporaneous negotiations, agreements, understandings, representations and
statements, oral or written, are merged herein and shall be of no further force or effect.
16. Amendments. Any modification of this Agreement or additional obligation
assumed by either party in connection with this Agreement shall be valid only if
evidenced in writing signed by each party or an authorized representative of the party.
17. Authority to Execute. Each of the persons executing this Agreement represents
and warrants that s/he has the lawful authority and authorization from their respective
entities to execute this Agreement for and on behalf of the entity executing this
Agreement.
18. Counterparts. This Agreement may be executed in 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 have executed this Agreement effective as
of the date first signed below.
CITY: FIRM:
0 /
Date: ij/��V�($
Madeline Buckendorf,
Madeline Bukendorf Consulting LLC
Date: SD %S
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ATTEST:
OF E qG
61- F
Sharon K. Bergmann, City Cle k
SEAL
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STATE OF IDAHO ) �''•.;;TE OF ��,•`��
ss.
COUNTY OF ADA )
On this i2—i day of 4aa� , 2015, before the undersigned notary
public in and for the said state, personally appeared, James D. Reynolds, 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. '/, / �(� i
STATE OF IDAHO )
ss.
COUNTY OF ADA )
Notary
My Commison Expires: TJ/
On this � day of 2015, before the undersigned notary public in
and for the said state, personally peared Madeline Buckendorf , 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. , n
Notary Pugjc -fo • Idaho
F . 1 Ressiidierg : '
S My C%poni xpires: 01
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ATTACHMENT A:
PROJECT WORKPLAN
CONTRACT: CLG- 2015 -004
CLG NAME:
City of Eagle
PROJECT NARRATIVE
Contract with a professional to conduct a windshield survey and have photographs taken of all the barns
in the City of Eagle and impact areas.
Send seven (7) HPC members to the 2015 Idaho Heritage Conference.
II. PROJECT TERM: October 1, 2014 through September 30, 2015
The scope of work and products for this project shall be as described and cannot be changed
without prior written approval from the State Historic Preservation Office. Work must be
completed according to the timetable set forth below and all products must meet the accepted
professional standards, including the Secretary of the Interior's Standards and Guidelines for
Archaeology and Historic Preservation, as published by the National Park Service. Final products
which do not meet the applicable Secretary Standards will not be reimbursed.
ITEM DATE DUE
Interim Project Reports 06/01/15
Project Completion 09/30/15
Final Report /Product /Payment Documentation Submission 10/31/15