Resolution - 2002 - 09 - Approve/Authorize Contract W/Jerome Mapp - 05/30/2002
ORIGINAL
City of Eagle
Resolution 02-09
A RESOLUTION APPROVING AND AUTHORIZING THE
EXECUTION OF A PROFESSIONAL SERVICES CONTRACT
BETWEEN THE CITY OF EAGLE AND M. JEROME MAPP;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND
ATTEST, RESPECTIVELY, THE PROFESSIONAL SERVICES
CONTRACT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Council of the City of Eagle, Idaho,
desire to receive and Idaho Community Development Block Grant for
purposes of construction of 61 Senior Housing Unites to be called Eagle
Senior Village through Mercy Housing and
WHEREAS, the Mayor and City Council of the City of Eagle, Idaho,
desire to hire the services of M. Jerome Mapp to conduct the Environmental
Review Assessment and Land Acquisition portion of the Community
Development Block Grant.
NOW, THEREFOR, BE IT RESOLVED BY THE MAYOR AND
CITY COUNCIL OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, as
follows:
Section 1:
That The City of Eagle hereby approves the Professional
Service, attached hereto as Exhibit "A" and incorporated herein
by reference, between the City of Eagle and M. Jerome Mapp,
for services relating to conducting the Environmental Review
Assessment and Land Acquisition portion of the Community
Development Block Grant.
Section 2:
That the Mayor and City Clerk of the City of Eagle, Idaho, are
hereby authorized and directed to execute and attest,
respectively, the above mentioned Professional Services
Contract on behalf of the City.
Section 3:
That this Resolution shall take effect and be in force from and
after its passage approval.
DATED this ~day of
ATIEST
~~o~,éf;y ~ ~
~ (7 ,2002
CITY OF EAGLE
Ada County, Idaho
ayor
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EXHIBIT
A
CITY OF EAGLE
CONSUL TING AGREEMENT
This Agreement ("Agreement") is entered into this date by and between City of Eagle,
("City") and Jerome Mapp ("Consultant").
In consideration of the mutual promises of the parties and other good and valuable
consideration, the parties hereby agree:
Section 1: Services: City of Eagle engages Consultant to provide the
following services: Administer the Environmental Review and Land Acquisition Sections of the
Community Development Block Grant, for purposes of construction of 61 Senior Housing Units
to be called Eagle Senior Village through Mercy Housing.
Section 2: Term: Consultant shall provide such services until the completion of
Administration of the Environmental Review and Land Acquisition Sections of the Community
Development Block Grant, for purposes of construction of 61 Senior Housing Units to be called
Eagle Senior Village through Mercy Housing or until terminated by either part upon 30 days
notice in writing.
Section 3: Compensation: For such services, the City shall compensate
Consultant at a rate not to exceed ($2,500.00) for the Environmental Review Report and
($2,500.00) for the Land Acquisition Report. Fees for Professional Services shall be billed
monthly for progress payment based upon percentage of work completed. Consultant will be
responsible to pay his own Federal and State obligations. City and Consultant may request to
renegotiate the fees. Any changes to this Agreement must be made in writing, signed by both
parties.
Section 4: Relationship to th Parties: The parties intend that the relationship
between them created under this Agreement is that of an independent contractor only.
Consultant is not to be considered àn agent or employee of the City for these purposes; the
manner and means of performing the services are subject to Consultant's sole control subject to
reasonable acceptance by the City. Consultant shall be responsible for all state, federal and local
taxes, including estimated taxes and employment reporting for Consultant or any employees or
agents of the Consultant.
Section 5: Proprietary Riehts:
1. Consultant agrees that all Work Product created solely or jointly by
Consultant, his employees, associated or subcontractors, arising from work performed
hereunder, or previously conceived in anticipation of consulting work to be preformed in regard
to City's engagement of Consultant, shall be deemed "work made for hire" and is property of the
City. Consultant shall cause of this employees, associated or subcontractors assisting in creating
the Work Product to execute a similar acknowledgment that the Work Product is a "work made
page 2
for hire." Consultant and all of its employees, associates or subcontractors assisting in creating
the Work Product shall execute all such assignments, oaths, declarations and other documents as
may be prepared by City to effect the foregoing.
2. "Work Product" shall mean all documentation, manuals, teaching
materials, creative works, know-how and information created on behalf of the City in whole or
part by Consultant and all of its employees, associates or subcontractors assisting in creating the
Work Product within the scope of this Agreement, whether or not copyrightable or otherwise
protectable.
Section 6: Confidentially: Consultant and City 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
the City acquired by Consultant as a result of the consulting work carried out pursuant to this
Agreement, and neither party shall, without the other's prior authorization, directly or indirectly
use, publish, or discuss to others any work product, information, data, designs, results, or
opinions resulting from the consulting work carried out pursuant to this Agreement. These
obligations of secrecy continued throughout the duration of this Agreement and thereafter.
Section 7: Records: Consultant 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 ofthe consulting work to be performed in regards to this
Agreement, shall at all times be and remain the sole property of the City. Consultant shall turn
over City all copies of such documentation on request by City.
Section 8: Savinls 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.
Section 9: Job Description: Administer the Environmental Review and Land Acquisition
Sections of the Community Development Block Grant, for purposes of construction of 61 Senior
Housing Units to be called Eagle Senior Village through Mercy Housing.
page 3
Dated this 2l"t day of May, 2002
ATTEST:
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Sharon Moore, City Clerk
City of Eagle
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