HomeMy WebLinkAboutHistoric Preservation Consultant Agreement with Emily Peeso for Historic Preservation
mSTORIC PRESERVATION CONSULTANT AGREEMENT
THIS AGREEMENT is to be effective the fO'f:aay of December, 2004, and continue
through June 1,2005, by and between THE CITY OF MERIDIAN, an Idaho municipal
corporation, (hereinafter referred to as "City") of33 E. Idaho Ave., Meridian, Idaho 83642 and
Emily Peeso (hereinafter referred to as "Peeso") of 6105 Kirkwood Rd., Boise, Idaho.
WHEREAS City is in the process of nominating local properties to the National Register
of Historic Places for enhancement of the historic preservation activities of City; and
WHEREAS City is in need of an independent contractor with professional experience,
education and qualifications to assist in this process and to complete a nomination in accordance
with the National Register of Historic Places guidelines; and
WHEREAS Peeso has the requisite professional experience, education and qualifications
to complete a National Register nomination according to set state and national guidelines and has
been selected by City to perform the duties associated therewith;
NOW, THEREFORE, in consideration of the promises and mutnal covenants herein
contained, it is hereby agreed as follows:
1. INDEPENDENT CONTRACTOR.
1.1 Peeso shall be deemed to be an independent contractor as Historic Preservation
Consultant. Peeso shall not have mandatory duties except those imposed by law or regulation and
those specifically set out in this Agreement. Nothing contained in this Agreement shall be
regarded as creating any relationship (employer/employee, joint venture, partnership, shareholder)
between the parties other than the independent contractor relationship as set forth herein.
1.2 Peeso is, and shall be treated by City as, an independent contractor (statutory non-
employee) and not an employee for state, tax and for all other purposes. She will not be treated as
an employee with respect to the services performed by her for federal tax purposes. Peeso hereby
acknowledges that she has been advised by City that as an independent contractor (non-employee)
affiliated with City, she is responsible for the payment of all her own federal income taxes and her
own self-employment taxes (FICA), together with any and all corresponding state, county and
local taxes, if any, and she hereby agrees to comply with those responsibilities. Peeso shall be
responsible for any necessary insurance, including but not limited to Worker's Compensation
insurance, as required by law or at the discretion or direction of the City. Peeso hereby waives any
claims she has or may have against City now or in the future respecting such taxes or the right of
City not to withhold, not to payor not to contribute to such taxes on her behalf.
2. CITY RESPONSIBILITIES.
City agrees that in consideration of the services of Pee so, City shall pay:
2.1 Compensation: City shall pay Peeso $4200 total. The total compensation includes
professional services and expenses for completing the project outlined in this agreement including,
but not limited to, travel expenses, required materials and processing for the nomination
submissions. No additional sums shall be or become due and owing to Peeso without a written
modification of this Agreement. An initial payment of $200 shall be made to Peeso for any upfront
expenses. The balance of payment shall be made upon receipt of an invoice from Peeso after the
final submission of the nomination projects. City shall pay within ten (10) days of receipt of
acceptance of the final draft by State Historic Preservation Office (hereinafter referred to as
"SHPO").
2.2
City shall neither pay for nor include Peeso on any City benefits program.
2.3 City, specifically the Meridian Historic Preservation Commission, shall make
arrangements for Peeso to give a presentation on this project for the general public.
3. PEESO'S RESPONSIBILITIES.
Peeso shall act as an independent contractor informing the Mayor, City Council and
Historic Preservation Commission of her progress by attending at least one Historic Preservation
Commission Meeting. She shall be responsible for overall coordination of the National Register
of Historic Places nominations of the two Meridian properties (1123 N. Main Street and 137 E.
Pine Street).
Peeso's work is characterized by a substantial amount of research and documentation
associated with the nomination projects. Research shall be conducted on the property site,
through orally history interviews and in archival collections. The research shall be documented
and interpreted to complete the National Register of Historic Places nominations according to the
Secretary of the Interior's Standards published in the National Register Bulletins. The
documentation includes: completing appropriate sections on the National Register Registration
Form NPS 10-900, writing an architectural narrative description and a statement of significance on
additional forms, providing bibliographical references according to Kate 1. Turabian's A Manual
for Writers, black and white photographs and color slides.
Deliverables. Peeso agrees to prepare and furnish such nominations and additional
documentation as may be required by the SHPO. As requested by the City, Peeso shall deliver a
complete nomination form for each property which includes: NPS 10-900 form, continuation
sheets, USGS quadrangle map marked with the properties' UIM coordinates, a sketch map, black
and white photographs and color slides. Peeso shall furnish four copies of the nomination
"packet" excluding the quadrangle maps and color slides.
Reporting. PeeSo shall attend at least two Meridian Historic Preservation Commission
meeting. The purpose of her attendance is to involve and to inform the commission in the process.
Peeso shall give a short presentation about the project to the general public. Further details of the
presentation shall be determined through correspondence between Peesoand the Meridian Historic
Preservation Commission members.
Timeline. Peeso shall submit a written draft of each nomination to the SHPO's
architectural historian and to the Meridian Historic Preservation Commission for review by April
1, 2005. The final nomination "packets" will be submitted by June 1, 2005. To allow for
unforeseen instances or delays, these set deadlines may be modified by a mutual consent of both
parties in writing.
4. MISCELLANEOUS PROVISIONS.
4.1. This Agreement constitutes and contains an entire Agreement of the parties and
supersedes and merges ~l other prior understandings or agreements between the parties on the
subj ects of this Agreement, if any, whether oral or written;
4.2 The failure of a party hereto to insist upon strict performance or observance of this
Agreement shall not be a waiver of any breach of any terms or conditions of this Agreement by the
other party;
4.3 In the event any provision or section of this Agreement conflicts with applicable
law or is otherwise held to be unenforceable, the remaining provisions shall nevertheless be
enforceable and carried into effect;
4.4 In the event of any litigation arising under, or as a result of, this Agreement or
arising from any of the acts to be performed hereunder or the alleged breach of this Agreement,
the prevailing party(ies) shall recover costs and reasonable attorney's fees;
4.5
This Agreement shall be governed and interpreted by the laws of the State ofldaho;
4.6 No party may assign this Agreement or any interest therein without written consent
of the other parties, and in the event of assignment, this Agreement shall inure to and be binding
upon the parties hereto as well as their successors, assigns, departments and agencies;
4.7 No amendment, alteration or modification of this Agreement shall be effective
unless made in writing and duly executed by the parties hereto;
4.8 Termination. This Agreement may be terminated by either party upon written notice should the
other party fail substantially to perform in accordance with the terms of this Agreement. The Consultant
shall be compensated for services performed prior to notice of such suspension (as mutually agreed).
4.9 Liability and Indemnification. City shall not be liable to Peeso for any expenses
incurred by her, other than pre-approved travel expenses to the extent the same are in compliance
with this Agreement, nor shall Peeso have authority to bind City or any of its agencies or
departments by any promise or representation, unless specifically authorized in advance and in
writing by the Mayor or City Council.
4.1 0 Peeso represents and warrants that the biographical and reference information
provided in her Response to the RFP is true and accurate.
EXTENSION.
This agreement may be renewed and extended for the period mutually determined through
April 30, 2005, on compensation terms to be mutually agreed upon by the parties hereto. The
duties of such extended and renewed contract shall be essentially the same as those detailed herein
unless modified in writing in the extension agreement.
IN WITNESS WHEREOF the parties hereto, by their signatures below, acknowledge
their understanding of and commitment to the terms of this Agreement effective as of the day and
year fIrst written above.'
Date I-II-tl fi
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Emily eeso
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MAYOR
TAMMY DE WEERD
STACY KILCHENM&'!N
FINANCE DIRECTOR
COUNCIL ME."BERS
WILLIAM LM. NARY
KEITH BlRD
CHARLIE ROUNTREE
SHAUNWARDLE
J^,"ICE SMITH
CITY TREASURER
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33 East Idaho
Meridian.lD 83642
(2OS) 888-4433
Fax (208) 887-4813
JTN.:ANCE 'D'ET .7t'R'T:M'ENT
REQUEST FOR TAXPAYER IDENTIFICATION NUMBER (W-9)
The City of Meridian Is required by law to obtain the correct Taxpayer Identification Number (TIN) for each individual and/or company to whom
we make payments. Our files indicate that we either have an open contract with you or your company or have made payments to you within the
last year. Therefore to adhere to the IRS requirements for disbursements, we must obtain your correct TIN. Please remit this information with
30 days of this letter to the City of Meridian, 33 E Idaho Ave. Meridian, ID 83642 or you may fax It to 20f1.887.4813 AUn: Accounting. If you
choose you may submit a standard W-9.
If you do not provide us with this information, you may be subject to a $50 penalty imposed by the iRS under Section #6723. We are also
required to withhold 31 % of certain payments made to you for failure to furnish your TIN within 60 days of the first request.
Thank you,
The City of Meridian
Substitute Form W-9
Company Name [M;¡\/ ?eeso
,
DBA
Address (P105 Kìv (wood \<cl. I
Boise ¡ ID 83709,
or Social Security Number 52 2- :zs 84.2..\
(furnish only one)
Taxpayer Identification Number
TVPE OF BUSINE$S I
( ) Corporation ( ) Government Entity ( ) Nonprofit Organization (/) Individual ( ) Partnership (
) Other:
PLEASE CHECK THE SPACE BELOW THAT BEST DESCRIBES THE TYPE OF TRANSACTION FOR WHICH WE MAKE PAYMENTS TO YOU. (CHECK
MORE THAN ONE IF NECESSARY.) IF YOU ARE REQUESTING PAYMENT OF RENTS, MEDICAL OR MISC. SERVICES, PLEASE BE ADVISED THAT
PAYMENT MUST BE UNDER THE NAME ANO SOCiAl SECURITY NUMBER OR TIN OF THE PERSON OR COMPANY WHO SHOULD REPORT THIS TO
THE IRS. PLEASE BE SURE THE SS# OR TIN# WILL IDENTIFY THE NAME GIVEN.
(/¡ Merchandise () Rents (I) Service () Medical () Other:
IF YOU HAVE PROVIDED ON-SITE SERVICE FOR ANY DEPARTMENT WITHIN THE CITY OF MERIDIAN, PLEASE PROVIDE A "CERTIFICATE OF
INSURANCE" FOR WORKERS COMPENSATION. IF YOUR PROVIDER IS THE IDAHO STATE INSURANCE FUND, PLEASE PROVIDE A COpy OF THE
POLICY.
Certification: Under penalties of perjury, f certify that this statement is true:
1. The number provided above is my correct Taxpayer Identification Number, and
2. I am NOT subject to backup withholding
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