Independent Contractor - 2019 - Design / Layout Of Public Awareness Documents / Eagle Arts Commission - 7/23/2019CITY OF EAGLE, IDAHO
Personal Services Agreement
Project: Graphic Design Services for Eagle Arts Commission
Agreement
-?(Ce is entered into this dayofJuly 2019, by and between the City of
Eagle Arts Commission (EAC), an Idaho municipal corporation ("City") and Agnew Beck
("Contractor"). The City and Contractor are sometimes collectively referred to herein as the
"Parties."
WHEREAS, the City desires to contract for graphic design 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 graphic design services on behalf of the City;
NOW THEREFORE, and in consideration of the mutual promises contained herein, the
Parties agree to the following:
1. SERVICES. The Contractor shall provide the following services: Design and
layout of public awareness documents for the Eagle Arts Commission. The deliverables shall
include an EAC overview and informational brochure; reimagined logo; and, a City-wide map.
The deliverables shall also include a compact, straight -forward, and user-friendly guide for design
and graphic component continuity for visual, performing and literary arts events, activities,
exhibits, posters, and advertising. Final documents (Project) shall be City of Eagle website
friendly.
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 July
23, 2020. The Agreement may be renewed for an additional one-year term, and annually
thereafter, upon the written agreement of the parties for up to three (3) consecutive years. 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 in Exhibit "A," at a total project rate not to exceed $8,140.00.
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. 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. If payment is not received within thirty (30) days of delivery of invoice late fees
of $50.00 per day will accrue. Should the 30th day fall on a weekend, the payment shall be due the
following Monday.
7. 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
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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.
8. 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.
9. 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.
10. 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.
11. 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 Administrative Clerk II, Holly Csencsits. 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: Eagle Arts Commission
660 East Civic Lane
P.O. Box 1520
Eagle, ID 83616
Contact phone: 208-939-6813
Contact e-mail: hcsencsits0cityofeagle.org
CONTRACTOR:
Agnew Beck
802 West Bannock Street, Suite 305A
Boise, Idaho 83702
Contact phone number: 208-342-3976
Contact Email: ellen(a),agnewbeck.com
12. COMPLIANCE WITH LAWS. Each party shall comply with all applicable
Federal, State and local laws and regulations.
13. ASSIGNMENT. This Agreement may not be assigned or delegated by either party
without prior written consent of the other party.
14. 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.
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15. 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.
16. GOVERNING LAW. This Agreement will be construed in accordance with the
laws of the State of Idaho.
17. 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.
18. 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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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
CITY OF EAGLE:
Stan Ridgeway, Mayor
ATTEST:
'Sharon K. Bergmann, City Clerk/T
STATE OF IDAHO
ss.
COUNTY OF ADA
reasurer
INDEPEN T CO TRACTOR:
CT
E en am, iel, Principal of Agnew Beck
Print: LA `ev) Cc&wp-B dc ke.j.SOVI
Date: Z&\ Z9� ylOtdJ\
On this �-` dayof Jul 2019, before the undersigned notarypublic in and for the said state,
�. �� y �
personally appeared, Ellen Campfield, dba: Agnew Beck 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.
0( .
S J
z ,jc,t,71( Lt, Lt' pi (-:, i 4.,
Totary Public or Idaho
Residing at?7 coL ,
My Commission Expires:
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14i1,0il114"
Exhibit "A"
Cost Estimate for City of Eagle Arts Commission
Graphic Design Services
Jul., 3, 2C19
City of Eagle Arts Cour
. F k Design Services
GE and Web
�� pb� �- Total
hours
Tac .
TASK I. Kickoff Meeting
Initial planning meetirg and clarification of:cope. b,__ ,et ar: _=reline
TASK 2. Logo Revisions
Revise ise ==ogc a*d share concepts with EAC: make ref€eernerts based on
feedbag_ finalize =3gt art c utp=xt nige-ouality iles
TASK 3. Develop Materials
Brochure Update
Update existing brochure of oyerz'rew r4f EAC: 'revise based or EAC
feedback.: finalize and oLtpvt hige-o alici print -ready format 10' SO = 1E00
Map
Develop map c; Eagle indicating public art and ristoric locations: share
cor-cepts ar+d site opens witr EAC yid revise Used on feedback.
finalize aid o,�ut in high-quality prat -ready format
Web -based Mop
Determine platform for web map based on City of Eagle 'website
capabilities: build map,.layer to reflect public art and ristoric locations:
v�orir with the City to ensure map viol fonttion correctly or website 2 SZI3 6 S .600 10 11.:00 11;10
rate
1155
30 V.
tours
lours
rate
11X
r 50 1400 +g 4 r•0
53 1' 11 600 SI _
13
5O 24 12,40C 12.400
Exoe-ses ' 130
TOT- $ I 00! 62 $6200 S-3140
EXCLUSIONS + TERMS
Otn,er Expenses - Include costs for phone and related equipment and services required in the r"crma performance of the contract. Costs :or
ser -ices required to produce informational. advertising or meeting materials are included in this budget nowever cost_ for printing. fra,limg or
otherwise distributing these materials. or for paid advertising or other public notces are not included sn_ &is budget and would be paid for
directly, by client as needed. Digita= versions of all final materials will be submitted rn an or•ganzed manner to the dent for future edtrg. u£e
and reproduction. Rights to final versions of all materials are transferred to the client upon conclusion of tke project. A::5 reserves the right to
use an.., and all project materials for educational and marketing purposes. A::B reserves the rrghta to any draft or conceptual materials
developed in the course of the project cr other materials specified in the tens of the cc ntract
A::B reser-•es the right to move budget between tasks. staff and subcontractors ao long as costs do not exceed the total budget.
This estimate is good for 90 days from the date of the estimate.
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