Service Solicited - 2022 - Melissa Reche' - Wall Sculpture for Eagle Community Room - Melissa Reche' PROFESSIONAL SERVICES AGREEMENT
(ART FABRICATION AND INSTALLATION)
"I his Professional Services Agreement ("Agreement") is entered into this ' day of
July 2022 by and between the City of Eagle, an Idaho municipal corporation (-'City") and Melissa
Reche' ("Contractor"). The City and Contractor are sometimes collectively referred to herein as
the "Parties."
RECITALS
Wl IL'•REAS, the City desires to contract for the fabrication and installation of an art
sculpture for the Eagle Community Hall, and
WHEREAS, Contractor possesses the requisite qualifications, skills and the experience
necessary to provide prepare the survey and reports contemplated in this Agreement;
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. Scrvices: The(:'ontractor and/or its subcontractors shall prepare a site report which
includes the deliverables identified in Exhibit A attached hereto and incorporated herein.
3. Ownership and Intellectual Property: All materials produced fur the City by
Contractor under this \grcement 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, «orldwide, perpetual, filly transferable license to use, reproduce or create derivative
works of the Work Product.
4. C.'omnensation: The Contractor shall he paid for its services in an amount not to
exceed Twentv-Five Thousand dollars (S25.000.00) as identified in Exhibit B.
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 he available for reimbursement.
G. Epuinment, materials, supplies: Contractor shall supply, at Contractor's sole
expense, all equipment, tools, materials, atidiur supplies to ae«Omplish the services to be provided
under this Agreement.
Pa,--c I of G
7. Pavment: 't he Contractor shall submit an invoice firr payrnctrt to 1_:agle Cite Hall.
('.O Box 1 524 Ingle. Idaho 83616. Payment of Contractors invoice cannot he made until a copy
of Contractors W-9 in proNided to the City. Payment shall be made upon completion of the
deIi%erables and within thirty (0) days of receipt of an invoice. Should the 30th day lalIon a
wcckend, the payment shall be due the tollowing Monday. An additional charge of, 1.; per
month shall accrue per month of unpaid balance.
8. Mn: I he C unundor assumes lull and sole responsibility for payment of state
and federal incnrne tax_ withholdings, social security, and other payroll taxes on any income
attributable to the Contractor arising horn compensation provided under this Agreement. As such
the contractor shall be required to submit a completed �V-9 prior to payment of its invoice.
9. Independent contractor: At all times during the term of this Agreement.
Contractor shall be an independent contractor and shall not he an crnpluyee ofthe Cite. City shall
have the right to contnil Contractor only insofar as the results of Contractor's services rendered
PUrSttant to this :agreement. City shall not halve the right to control the mean~ and methods by
which Contractor accomplishes services rendered hereunder. Contractor shall indemnify, the City
against any, liandhy arising out of an allegation or finding; that Contractor is not an independent
contractor. Contractor is not entitled to eniplo�ce benefit prozrarrrs or any protection aflitrded
employees of the City of 11gle. Contractor is not prohibited from providing the same services for
other businesses at any time except times which would present a conflict in pro\iding City scryiccs
under this Agreement. As a selfemploycd person, the Contractor will be solely responsible for
payment of all federal and state taxes. will not he an enrployee of the City ftr workers
compensation or any other purposes. and "ill not hays unemployment insurance hcnetits.
10. Contractor nut agent: Except as City may specify in writing. Contractor shall
We 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
Cite to any obliiation whatsoe.vcr.
11 . Nondiscrimination: Contractor agrees not to discriminate against any pemon
hcowse of race, color, religion, tie\. national origin, agc, disability or marital status in any activity
for which Contractor is providing services under this Agreement.
12. Indemnification: Contractor a�arees to indemnify and sage and hold harmless City
from and for any and all losses, claims. actions. judgment for darna`aes, or injury to persons or
property and losses and expenses and other costs including litigation costs and attorneys fees,
arising out of, resultin`=, from. or in connection kith the performance of this Agreement
13. ?notice: Conrmrr„icptinn between the Parties regarding day-tu-day matters shall
occur via e-mail or telephone. I1or Clarification on or direction regarding day-to-day matters, the
point of contract for the City shall be Reercation Programming Dircctor, Brian ,Allen. All other
notices required to he 4given by either of the Parties shall he in writing, and he deemed
&,irmrtnVowd vdhen per"It1:111y wrvod, or imidod in thy• I nitod ~gets-, rn:ril.
t't c 2 o F 6
CiTY OF EAG1,E: CONTPACTOR:
Attn: City Clerk Melissa Reche'
660 Cast Civic Lane 135 North 2"" Street
P.O. sox 1520 Eagle, ID 83616
Eagle, ID 83616 Phone number: 208-870-4841
Phone: 208-939-0227 Email: fusionsgiasstudioiii gmail.com
E-mail: clerks �citrofe�►ele.orsJ
14. Compliance with Laws: h.ach 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. Attornev's Fees: The prevailing party in any claims or disputes arising out of this
Agreement shall be entitled to recover reasonable attorney's tees in addition to other relief which
a court of competent_jurisdiction may award.
17. 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 ofno fierce or effect. This Agreement may only' be modified in writing.
18. Governing Law: This Agreement will be construed in accordance with the laws
of the State of Idaho.
19. heirs and Assigns: fhis Agreement and the terms and conditions hereof shall
apply to and are binding upon the heirs. executors, administrators and assigns of the parties hereto.
20. 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.
21. 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 behalt'of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
Page :> of 6
E XHIBrr A
(Scope of Work)
The design was created specifically to lit the space in the new Eagle. C'oninuJnity Room and directly
speaks to the uniLlur landscape and gcography of the C.'it\ of Eagle. I he image is that of ari Eagle
head silhouette in a portrait orientation offering a new L:agle image celebrating our town namesake.
Painted and.or mosaic patterning on the exterior of a wood-bared box �kithin %%hick is a cut-out of
the L:agdc. Inserted into the cut-out \1 ill be laN ers ofstu11-11ing. colorful and textural pointed and fused
glass to establish the internal image depicting Bogus Basin and the Boise Rirer as it llo\Ns through
Las-de. The rnacic happens ,vilen the Eagle"comes alive"with programmed. proprietary
L.IID litiahting contained within the ��all sculpture which will create seasonal changes within the art
itself.
\Vall Sculpture Details:
• 0 1ect tall x 4 feet wide x 8 inches deep (Portrait Orientation)
• Proprietary programmable. LED lighting with controller
• Back-I_ p controller and lighting strip for any future maintenance needs
• Fused &- Painted (ilass Artistic box enclosure
• Owner's Manual
• Pro iect shall be completed within eight (8) vPeeks of the executed Professional Services
Agreement
I'a-ge i of o
CITY OF EAGLE: CONTRACTOR:
-�
Moor c,tu
Mc 1E,-'a R
Fusions lass Studio L j di 0 2- 2.-2
z
off
City, ClerVf-
Page 4 of 6
EXHIBIT R
(Project Cost)
The total project cost shall be $25,000.
Page 6 ot'6
PROFESSIONAL SERVICES AGREEMENT
(ART FABRICATION AND INSTALLATION)
This Professional Services Agreement("Agreement") is entered into this day of
July 2022 by and between the City of Eagle, an Idaho municipal corporation("City") and Melissa
Reche' ("Contractor"). The City and Contractor are sometimes collectively referred to herein as
the "Parties."
RECITALS
WHEREAS, the City desires to contract for the fabrication and installation of an art
sculpture for the Eagle Community Hall; and
WHEREAS, Contractor possesses the requisite qualifications, skills and the experience
necessary to provide prepare the survey and reports contemplated in this Agreement;
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 and/or its subcontractors shall prepare a site report which
includes the deliverables identified in Exhibit A attached hereto and incorporated herein.
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. Compensation: The Contractor shall be paid for its services in an amount not to
exceed Twenty-Five Thousand dollars ($25,000.00) as identified in Exhibit B.
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.
6. 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.
Page 1 of 6
7. Payment: The Contractor shall submit an invoice for payment to Eagle City Hall,
P.O Box 1520,Eagle, Idaho 83616. Payment of Contractor's invoice cannot be made until a copy
of Contractor's W-9 is provided to the City. Payment shall be made upon completion of the
deliverables and within thirty (30) days of receipt of an invoice. Should the 30th day fall on a
weekend, the payment shall be due the following Monday. An additional charge of 1.5% per
month shall accrue per month of unpaid balance.
8. 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 prior to payment of its invoice.
9. 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.
10. 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.
11. 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.
12. 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
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 Recreation Programming Director, Brian Allen. 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:
Page 2 of 6
CITY OF EAGLE: CONTRACTOR:
Attn: City Clerk Melissa Reche'
660 East Civic Lane 135 North 2nd Street
P.O. Box 1520 Eagle, ID 83616
Eagle, ID 83616 Phone number: 208-870-4841
Phone: 208-939-0227 Email: fusionsglasstudio@gmail.com
E-mail: clerkskcityofea lg e.org
14. Compliance with Laws: Each parry 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 parry 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 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.
18. Governing Law: This Agreement will be construed in accordance with the laws
of the State of Idaho.
19. 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.
20. 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.
21. 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.
Page 3 of 6
CITY OF EAGLE: CONTRACTOR:
Mayor Melissa Reche'
Fusions Glass Studio
ATTEST:
City Clerk
Page 4 of 6
EXHIBIT A
(Scope of Work)
The design was created specifically to fit the space in the new Eagle Community Room and directly
speaks to the unique landscape and geography of the City of Eagle. The image is that of an Eagle
head silhouette in a portrait orientation offering a new Eagle image celebrating our town namesake.
Painted and/or mosaic patterning on the exterior of a wood-framed box within which is a cut-out of
the Eagle. Inserted into the cut-out will be layers of stunning,colorful and textural painted and fused
glass to establish the internal image depicting Bogus Basin and the Boise River as it flows through
Eagle. The magic happens when the Eagle"comes alive"with individually programmed,proprietary
LED lighting contained within the wall sculpture which will create seasonal changes within the art
itself.
Wall Sculpture Details:
• 6 feet tall x 4 feet wide x 8 inches deep (Portrait Orientation)
• Proprietary programmable LED lighting with controller
• Back-Up controller and lighting strip for any future maintenance needs
• Fused& Painted Glass/Artistic box enclosure
• Owner's Manual
• Full Professional Installation by Electrical Engineer Cory Reche'
(to include load calculations, stresses, hardwiring, safety and longevity)Note: The space has
been inspected to make sure there are no mounting or wire impediments that might interfere with
installation
• Project shall be completed within eight(8)weeks of the executed Professional Services
Agreement
Page 5 of 6
EXHIBIT B
(Project Cost)
The total project cost shall be $25,000.
Page 6 of 6