HomeMy Public PortalAbout2002.07.15 Vendor Agreement Ken Jacobson, Mountain House Inc.CITY OF McCALL
VENDOR AGREEMENT
This Agreement ("Agreement") is entered into this date first indicated below by and
between the City of McCall, Idaho ("City"), 216 East Park McCall, Idaho 83638 and Ken
Jacobsen, Mountain House Inc., ("Vendor"), 402 South 3rd 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: City of McCall engages Vendor to provide
the following services:
1. Produce an unlimited number of high quality posters of an aerial photograph of the
City of McCall and provide these posters to retailers of the Vendor's choice for sale
to the public.
2. Posters will be sold for approximately fifty dollars ($50) each, but this figure can be
adjusted up or down due to Vendor's need, with twenty percent (20%) of the sales
price being donated to the McCall Community Improvement Corporation from the
sale of each poster.
3. The Vendor shall reimburse the City approximately seventy-eight dollars ($78) for
the costs of acquiring the original image from the aerial photographer.
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.
Section 3: Additional Consideration and Modification: City will allow Vendor to
produce and make available for sale, posters created from a digital image in which all proprietary
rights are owned by the City. Any changes to this Agreement must be made in writing, signed by
both parties.
Section 4: Relationship to the Parties: The parties intend that the relationship
between them created under this Agreement is that of an independent contractor only. Vendor is
not to be considered an 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 agents of the Vendor.
Section 5: Proprietary Rights: Vendor agrees that all Posters created solely or jointly
by Vendor, his employees, associated or subcontractors, arising from work performed hereunder,
are available for retail sale and no other reproduction of the City's digital image in any other
medium is authorized. City retains all proprietary rights to the digital image and does not
authorize the reproduction of the digital image except in the poster format.
Section 6: Records: Vendor shall keep full and accurate records of all poster sales
and provide such records to the City on a quarterly basis. Vendor shall turn over to the City the
original image of the aerial photograph and all copies at the City's request upon termination by
VENDOR AGREEMENT — PAGE 1 OF 2
the City. Upon termination by the City, the City will pay the actual cost of all copies of the aerial
photograph returned to the City by Vendor. Vendor must produce sufficient information to
demonstrate the actual cost of such copies returned to the City. The City's maximum
reimbursement for returned copies will not exceed $250.00.
Section 7: Savings 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.
Cathleen Koch, City Clerk
City of McCall
VENDOR AGREEMENT — PAGE 2 OF 2
CITY OF MCCALL
By:
Date:
Ral • Colton, Mayor
7-76, — O
MOUNTAIN HOUSE INC.
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Date:
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