Service Solicited - 2018 - Pamela Thompson dba Bagpipe Luau - 2018 City NewsletterCITY OF EAGLE, IDAHO
Personal Services Agreement
This Agreement is entered into this /3!-ir day of February 2018, by and between the
City of Eagle. an Idaho municipal corporation ("City") and Pamela Thompson, dba: Bagpipe Luau
("contractor"). The City and Contractor are sometimes collectively referred to herein as the
"Parties."
WHEREAS, the City desires to contract for services to include designing and writing a
newsletter for the City; and
WHEREAS, the City continually strives to find different methods to relay information and
engage the residents of Eagle; and
WHEREAS, Contractor possess qualifications, skills and the experience necessary to
provide to compose professional newsletters on behalf of the City;
NOW THEREFORF., and in consideration of the mutual promises contained herein, the
Parties agree to the following:
1. SERVICES. The Contractor shall provide the following services: Compose.
design and format a bi-monthly newsletter a minimum of four (4) 8x11 pages in full color in each
of the following electronic formats, WORD, PDF, and plain text. The newsletter shall be
submitted either on a non -returnable flash drive, or e-mailed directly to the following: "hammy
Gordon tt:ordon4i citvofeaale.org and eattlecity' citvoleattle.org no later than the 25th day of even
numbered months (February, April, June, August, October, December). Should the 25th fall on a
weekend, the submittal shall be due the following Monday.
2. OWNERSHIP AND INTELLECTUAL PROPERTY: All materials produced
for the City by the Contractor shall become the property of the City of Eagle.
3. TERM; RENEWAL; AND TERMINATION. This Agreement shall expire
September 30, 2018. The Agreement may be renewed for an additional one-year term which shall
correspond with the municipal fiscal year dates (October t`' through September 30th), and annually
thereafter, upon the written agreement of the parties. Upon renewal, all the terms of this agreement
shall remain in effect unless amended in writing. Either party may terminate this Agreement with
provision of thirty (30) days written notice.
4. COMPENSATION. The Contractor shall be paid for actual services rendered as
stipulated by this Agreement, at a rate of $85.00/hour, not to exceed sixteen (16) hours per month
($1,360.00 maximum per month).
5. PENALTY FOR MISSED DEADLINE: Should the Contractor miss the
submittal deadlines as detailed in item 1 of this agreement, the Contractor shall forfeit $85.00 per
day the submittal is delayed, unless a written exception is received from the Mayor five (5) days
prior to the deadline.
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.
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7. PAYMME`T. [he Contractor shall submit a monthly invoice for payment to Eagle
City Hall. P.O Box 1520. Eagle. Idaho 83616. The invoice shall provide a detailed statement of'
the ser\ ices pro\ ided. and hours spent on the task. Payment shall be made within thirty (30) days
of receipt in. oice. If pay mens is not received within 30 days of delivery of invoice late fees of $85
per day w ill accrue. Should the 30th da) fall on a weekend, the payment shall be due the following
Mpnda) .
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 at time of contract execution.
9. INDEPENDENT CONTRACTOR. At all times during the term of this
Agreement. Contractor shall be an independent contractor and shall not he an employee of the
Cit'.. City shall have the right to control Contractor only insofar as the results of Contractor's
seri ices 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 tithes which would present a conflict in
prodding City services under this Agreement. As a self-employed person, the Contractor will he
solely responsible for payment of all federal and state taxes, will not be an employee of the Cit)
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 hind 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. NOTICE. Communication between the Parties regarding day-to-day matters shall
occur via a -mail or telephone. For Clarification on or direction regarding day-to-day matters, the
point of contact for the City shall be the Mayor. 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:
Attn: Mayor's Office
660 E. Civic Lane
P.O. Box 1520
Eagle, ID 83616
Contact phone: 208-939-6813
Contact e-mail: sridrewavici citvofeaale.orL
CONTRACTOR:
Pamela Thompson dba: Bagpipe Luau
1752 W. Cedar Grove St.
Meridian, 11) 83646
Contact phone number: 208-898-1451
Contact e-mail: Pam Recruit87r&wnail.com
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13. COMPLIANCE WITH LAWS. Each party shall comply with all applicable
Federal. State and local laws and regulations.
14 ASSIGNMENT. This Agreement may not be assigned or delegated by either party
without prior xvritten consent of the other party.
15 ATTORNEY'S FEES. The prevailing party in any claims or disputes arising out
or this Agreement shall be entitled to recover reasonable attorney's fees in addition to other relief
hich a court of competent jurisdiction may award.
16. ENTIRE AGREEMENT. This is the entire Agreement between the parties, and
no representations or promises not set forth herein have been made by either party as an
inducement for entering into this Agreement. Any modification of this Agreement or additional
obligation assumed by either party in connection with this Agreement shall be binding only if in
writing and signed by each party.
17. GOVERNING LAW. This Agreement will be construed in accordance with the
laws of the State of Idaho.
18. 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.
19. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
CITY OF EAGLE:
Stan Ridgeway, Mayor U
ATT EST:
Sharon K. Bergmann, City Cle lc/Treasurer
INDEPENDENT CONTRACTOR:
Pamela Thompso., dba: Bagpipe Luau
Print:-^/it"r.l. 1(-0l'/;72,or/
Date: f-, i7Uf6fl `j / 2t/ {S
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STATE OF IDAHO )
COUNTY OF ADA )
ss.
On this day of February 2018, before the undersigned notary public in and for the said
state, personally appeared, Pamela Thompson, dba: Bagpipe Luau, known or identified to me to
be the person who executed the foregoing instrument and acknowledged to me that she executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
written.
Notary Public for Idaho
Residing at:
My Commission Expires:
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