HomeMy Public PortalAboutResolution 05-01 Mountain House Vendor AgrRESOLUTION NO. 05-01
A RESOLUTION OF THE CITY OF McCALL, IDAHO, AUTHORIZING AND
APPROVING A NON-EXCLUSIVE VENDOR AGREEMENT WITH MOUNTAIN
HOUSE, INC.; AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENT
ON BEHALF OF THE CITY; PROVIDING FOR RELATED MATTERS; AND,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of McCall has the power to enter into contracts as provided
in Section 50-301, Idaho Code; and
WHEREAS, the City of McCall desires to enter into a Non-Exclusive Vendor
Agreement with Mountain House, Inc. for the production and sale of prints archived in
the City of McCall Public Library.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF McCALL, Valley County, Idaho, as follows:
Section 1: That the Agreement with Mountain House, Inc., for the production
and sale of prints produced from selected images located in the McCall Public Library
archives substantially in the form of the Agreement attached hereto as Exhibit "A" is
hereby approved. Said Exhibit "A" attached hereto is hereby incorporated herein by
reference.
Section 2: That the Mayor and City Clerk are hereby authorized to execute
the Agreement on behalf of the City.
Section 3: Ten percent (10%) of the wholesale price of each print sold under
said Agreement shall be donated to the McCall Public Library as further described in the
Agreement.
Section 4: This Resolution shall take effect and be in force from and after its
passage and approval.
DATED this 7),~ ~k day of January, 2005.
CITY OF MCCALL
Valley County, Idaho
Kirk Eimers, Mayor
ATTEST:
Dan Irwin, City Clerk
RESOLUTION 05-01 EXItlBIT "A"
CITY OF McCALL & McCALL PUBLIC LIBRARY
NON-EXCLUSIVE VENDOR AGREEMENT
This Agreement ("Agreement") is made and entered into this day of January, 2005, by
and between the City of McCall, Idaho ("City"), 216 East Park Street, McCall, Idaho and
Mountain House, Inc., an Idaho corporation ("Vendor"), 402 South Third Street McCall, Idaho
83638.
In consideration of the mutual promises of the parties and other good and valuable
consideration, the parties hereby agree:
SECTION 1: SERVICES AND COMPENSATION
The City of McCall engages Vendor to provide the following service:
Produce an unlimited number of prints of images selected by Vendor from the
McCall Public Library archives and provide these prints to retailers of the Vendor's
choice for sale to the public. Selected images must be approved for publication by
the City of McCall Library Director prior to production.
Prints will be sold by Vendor for a retail or wholesale price determined by Vendor,
with ten percent (10%) of the wholesale price being donated to the McCall Public
Library from the sale of each print. Donations shall be made to the McCall Public
Library on a quarterly basis, being the first day of January, April, July and October.
°
Provide said prints at wholesale price to the City of McCall and the McCall Public
Library for sale to the public. The ten percent (10%) donation shall not be applicable
for prints sold to the City of McCall, or any of its agencies.
SECTION 2: TERM
Vendor shall provide such services until terminated by either party upon 15 days notice in
writing. Termination by either party may be with or without cause. Upon termination, Vendor
shall have a production limit of five thousand (5,000) prints to provide to retailers for sale to the
public and remain liable for provisions specified in this Agreement until all prints are sold.
SECTION 3: CONDITIONS
Each print must be properly credited. The following basic credit line shall contain:
McCall Public Library, photograph number, and the photographer's name (if known).
The credit line shall appear on the same facing surface as the image.
°
In authorizing the publication or use of an image, the City of McCall and the McCall
Public Library do not surrender their own right to publish the image, or to grant
permission to others to do so.
°
The McCall Public Library does not control or claim to control the copyright for
photographs and other pictorial material in its collections. Vendor assumes all
responsibility for questions and issues of copyright that may arise in copying and using
any image. The McCall Public Library will provide any reasonably available information
about particular images to the Vendor.
RESOLUTION 05-01 EXHIBIT "A"
SECTION 4: RELATIONSHIP TO THE PARTIES
The parties intend the relationship between them created under this Agreement is that of an
independent contractor only. Vendor is not to be considered the agent or employee of the City for
these purposes; the manner and means of performing the services are subject to Vendor's sole
control subject to reasonable acceptance by the City. Vendor shall be responsible for all state,
federal, and local taxes, including estimated taxes and employment reporting for Vendor or any
employees or agent of the Vendor.
SECTION 5: RECORDS
Vendor shall keep full and accurate records of all print sales and provide such records to the City
on a quarterly basis, being the first day of January, April, July and October.
SECTION 6: SAVINGS CLAUSE
If any provision of the Agreement, or the application of such provision to any person or
circumstance, shall be held invalid, the remainder of the Agreement, or application of such
provision to person or circumstance other than those as to which it is held invalid, shall not be
affected thereby.
CITY OF McCALL
[SEAL]
Kirk Eimers, Mayor
Date
ATTEST:
Dan Irwin, City Clerk
City of McCall
MOUNTAIN HOUSE, INC.
Ken Jacobsen, President
Date