Service Solicited - 2014 - Madeline Buckendorf Consulting LLC - Preparation of National Register of Historic Places Nomination CONTRACT FOR SERVICES WITH
MADELINE BUCKENDORF CONSULTING,LLC
THIS AGREEMENT, made this day as first signed below, by and between the
City of Eagle, Idaho, (hereinafter the "City"), and Madeline Buckendorf Consulting
LLC, (hereinafter"Buckendorf').
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 an individual National Register of
Historic Places nomination, 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 generating a nomination in accordance with National Register
guidelines.
NOW,THEREFORE, for and in consideration of the mutual promises contained
herein,the parties agree as follows:
1) Scope of Work: Buckendorf shall undertake the necessary measures to
produce a nomination for property at 4130 W. Beacon Light Road, Eagle, Idaho (the
"Property"). The scope of work shall be completed on or before August 31, 2014, unless
additional time for completion is agreed to in writing by the parties. The nomination
shall include the residence, barn, outbuildings and the outhouse located at the Property.
The final product shall meet the standards outlined in the "Supplementary Manual for
Completing National Register of Historic Places Nominations in Idaho" and the
requirements outlined in the National Register Bulletin, "How to Complete the National
Register Registration Form". The product shall include,at a minimum the following:
• One(1)digital copy of the nomination on form 10-900;
• Three (3) sets of original black and white photographs properly identified
(one (1) copy for each of the Keeper of the National Register, State
Historic Preservation Office,and City);
• One (1) set of digital images or slides for State Historic Preservation
Office;
• One(1)original United States Geological Service map;and
• One (1) sketch map of the entire site showing all identified features and
the vantage point of each photograph submitted.
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 five hundred and seventy five dollars ($1,575.00). Reimbursement
expenses to Buckendorf shall not exceed three hundred and forty dollars ($340.00).
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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,to the extent applicable,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.
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) Proprietary Rights:
a) 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 and, to the
extent applicable, the Idaho State Historic Preservation Office. 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.
b) "Work Product" shall mean all documentation, manuals, teaching
material, creative works, pictures, graphics, data, know-how, and information created on
behalf of the City in whole or part by Buckendorf and all of its employees, associates,
students, drawings,prints, charts,computations or subcontractors assisting in creating the
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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.
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 as 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 August 31,2014. If the Contract 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.
APPROVED: FIRM:
. es D. Reyn•1••1 Mayor Madeline Buckendorf, •
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Madeline Biendorf Consulting LLC
Date: $ `02CA -I(1 Date: 3/13/1
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ATTEST:
4„##A# O E4CC••••'•
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Sharon K. Bergmann, City Cler O
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STATE OF IDAHO ) ,'••• .011t.°�orca"e P,.•�.i
COUNTY OF ADA )
On this,Z� day ofN.,, ,py/YJ12( 2014, 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 WHEREQFsth aaerr j to set my hand an• -al the day and year
first above written. s •', •®a '•, ••• .,
e . 3 AR y tFY lr '' Idaho
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* a y■ X•rmission Expires: 0/m. . '/,rte'p
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STATE OF IDAHO ) •°°' ' •`��'
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COUNTY OF ADA )
On this /3 day of alt u 1—, 2014, 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. /1)L
—
Notary Public for Idaho
Residing at: es idiot.//, ..1--D 31 I'S
My Commission Expires: 6-l4-.Zo/b
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