Independent Contractor - 2021 - Planning Support Services - Katherine Wright - 1/28/2021 PROFESSIONAL SERVICES AGREEMENT
(PLANNING S SUPPORT SERVICES)
nJcv) This Professional Services Agreement("Agreement") is entered into this ,6 day of
,Nnvemhex 2021, by and between the City of Eagle, an Idaho municipal corporation ("City") and
Katherine Wright ("Contractor"). The City and Contractor are sometimes collectively referred to
herein as the "Parties."
RECITALS
WHEREAS, the City desires to contract for Planning Support Services to be utilized on
an"as needed"basis for a variety of projects for the City; and
WHEREAS, Contractor possess qualifications, skills and the experience necessary to
provide additional planning support services for the City.
AGREEMENT
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 Services of this Agreement by reference as though they
were fully set forth herein.
2. Services: The Contractor shall provide Planning Support Services as determined
by the City which include, but are not limited to:
Research and information gathering for the development of ordinances relating to short term
rentals, accessory dwelling units, 5g and small cell towers and propagation maps, private alley
design and use standards, signage standards in compliance latest case law, outdoor lighting
standards (dark sky compliant), city tree list update, storm drain design standards within
subdivisions.
Contractor may also be requested to provide support for the public hearing notice and transmittal
process, data entry for the fiscal impact tool and the capital improvement plan, conversion of
physical files into Laserfiche, and minute taking for committee meetings.
3. Ownership and Intellectual Property: All materials produced for the City by
Contractor under this Agreement shall become the property of the City except Contractor shall
retain sole ownership of any know-how,software,source code,tools and methodologies developed
by Contractor(hereinafter"Work Product"). Contractor hereby grants to City a royalty-free,non-
exclusive, worldwide, perpetual, fully transferable license to use, reproduce or create derivative
works of the Work Product.
4. Term; Renewal; and Termination: This Agreement shall expire August 13,
2021. Either party may terminate this Agreement with provision of thirty (30)days written notice.
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5. Compensation: The Contractor shall be paid for actual services rendered at a rate
of$8.50/hour, in an amount not to exceed $10,000.
6. 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.
7. Equipment, Materials, Supplies: Contractor shall supply, at Contractor's sole
expense, all equipment,tools,materials, and/or supplies to accomplish the services to be provided
under this Agreement.
8. Payment: The 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) days of receipt
invoice. Should the 30th day fall on a weekend, the payment shall be due the following Monday.
9. 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.
10. 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. City shall
have the right to control Contractor only insofar as the results of Contractor's services rendered
pursuant to this Agreement. 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 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.
11. 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.
12. Nondiscrimination: Contractor agrees not to discriminate against any person
because of race, color,religion, sex,national origin, age, disability or marital status in any activity
for which Contractor is providing services under this Agreement.
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13. Indemnification: Contractor agrees to indemnify and save and hold harmless City
from and for any and all losses, claims, actions, judgment for damages, or injury to persons or
property and losses and expenses and other costs including litigation costs and attorney's fees,
arising out of, resulting from, or in connection with the performance of this Agreement
14. 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 Zoning Administrator, William Vaughan. 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: Eagle Planning and Zoning Dept. Katherine Wright
660 East Civic Lane
P.O. Box 1520
Eagle, ID 83616 Contact phone number: 425-281-9201
Contact phone: 208-939-0227 Contact Email: katherineawright795@gmail.com
Contact e-mail: bvaughan(2I cityofeagle.org
15. Compliance with Laws: Each party shall comply with all applicable Federal,State
and local laws and regulations.
16. Assignment: This Agreement may not be assigned or delegated by either party
without prior written consent of the other party.
17. 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.
18. 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.
19. Governing Law: This Agreement will be construed in accordance with the laws
of the State of Idaho.
20. 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.
21. 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.
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22. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
CITY OF EAGLE: CONTRACTOR:
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Jason Pierce, Mayor Katherine Wright
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Tracy E. born, City Clerk : S ' 1,
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