Independent Contractor - 2019 - Photography Services - 7/23/2019CITY OF EAGLE, IDAHO
Personal Services Agreement
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This Agreement is entered into this „1,3,449 day of—June 2019, by and between the City
of Eagle, an Idaho municipal corporation ("City") and Christina Ray DBA Chrissy Ray
Photography ("Contractor"). The City and Contractor are sometimes collectively referred to
herein as the "Parties."
WHEREAS, the City desires to contract for photography services to be utilized on an "as needed"
basis for a variety of events, projects, and publications for the City; and
WHEREAS, the City continually strives to find different methods to capture and engage
the residents of Eagle; and
WHEREAS, Contractor possess qualifications, skills and the experience necessary to
provide professional photographs 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: Compose, Edit,
and format digital full color and/or black and white photos in each of the following
electronic formats, .TIFF, .PNG, and PDF Contact Sheet. The edited photographs
shall be submitted either on a non -returnable flash drive, or Digital File Sharing
(OneDrive, Dropbox, Google Drive, etc.) and communicated to the following:
Ellen Mattila emattila@cityofeagle.org no later than a week after the event date.
The events may include but and not limited to:
a) Eagle Youth Soccer Gameday — 2nd Thursday in September, 3rd Friday in September,
4th Saturday in September (2 hour shoot)
b) Harvest Fest — 2nd Saturday in October (2 hour shoot)
c) Halloween Trick -or -Treating —Friday Before Halloween (1 hour shoot)
d) Veteran's Breakfast —Saturday Before Veteran's Day (1 hour shoot)
e) Eagle Country Christmas/Quilt Exhibit — 1st Saturday in December (2 hour shoot)
f) Daddy Daughter Dance —Friday Before Valentine's Day (1 hour shoot)
g) Glow in the Park — End of March/Beginning of April (2 hour shoot)
h) Dig the Bike Park —Beginning of April (2 hour shoot)
i) Easter EggXtravaganza-March/April (various) (2 hour shoot)
j) Art That's Small at Eagle City Hall - Week prior to Memorial Weekend (1 hour shoot)
k) Eagle Fun Days after July 4th —Friday (2 hour Shoot)
a. Saturday (6 hours total)
i. Eagle Fun Run (1 hour shoot)
ii. Opening Ceremonies/Carshow (1 hour shoot)
iii. Parade (1.5 hour shoot)
iv. Vendors/Entertainment (1 hour shoot)
v. Cornhole (1 hour shoot)
vi. Fireworks (.5 hour shoot)
1) Eagle Youth Sports Jamboree — Last Saturday in August (1 hour shoot)
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m) Eagle Saturday Market — One Saturday in May, June, July, August, and September (1
hour shoot month)
n) Gazebo Concert Series — One Evening in June, July, August, September (1 hour shoot
month)
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, 2019. The Agreement maybe renewed for an additional one-year term which shall
correspond with the municipal fiscal year dates (October 1st 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 $22.00/hour, not to exceed 4 (4) hours per event ($88.00
maximum per event) unless otherwise noted in this Agreement or in writing by both Parties.
5. PENALTY FOR MISSED DEADLINE: Should the Contractor miss the
submittal deadlines as detailed in item 1 of this agreement, the Contractor shall forfeit $50.00 per
day the submittal is delayed, unless a written exception is received from the Public Information
Officer 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.
7. 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 30 days of delivery of invoice late fees of $50
per day will accrue. Should the 30th day fall on a weekend, the payment shall be due the following
Monday.
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 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
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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. 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 the Public Information Officer. 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: Public Information Officer
660 E. Civic Lane
P.O. Box 1520
Eagle, ID 83616
Contact phone: 208-939-6813
Contact e-mail: emattila@cityofeagle.org
CONTRACTOR:
Christina Ray
1930 N Wind Cave Way
Eagle, ID 83616
Contact phone number: 208-515-5222
Contact e-mail: hello@chrissyray.com
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 written consent of the other party.
15 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.
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.
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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
ATTEST:
Sharon K. Bergmann, City ClerkiI'reasurer
INDI DENNTRACTOR:
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Print: CA\ r\331 (Lct,/
Date: ) 1
STATE OF IDAHO )
: ss.
COUNTY OF ADA )
On this da of 019� undersigned before the notary public in and for the said state
y
personally appeared, Christina Ray, dba: Chrissy Ray Photography, 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.
•
ELLEN M SM!Tt..
COMMIS'= 'ON:
NOT .r..; F• • 1
Sir• . ►' 0;0
MY COMMIE`-,
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Notary Public for Idaho
Residing at: M dd(eIr,t_..'
My Commission Expires: Zl)
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