HomeMy Public PortalAbout2018.08.23 TAG Historical Research & Consulting Consulting Services Agreement CONSULTING SERVICES AGREEMENT
This Consulting Services Agreement (the "Agreement") is entered into as of August 23,
2018 (the "Effective Date") by and between the City of McCall, Idaho, a municipal
corporation,(the"City"), and TAG Historical Research&Consulting a/b/n The Arrowrock
Group, Inc. (the "Consultant," and together with the City, the "Parties").
RECITALS
WHEREAS,the City wishes to engage the Consultant as an independent contractor
for the Company for the purpose of providing the professional services set forth in Exhibit
A attached hereto and made a part hereof(the "Services") on the terms and conditions set
forth below; and
WHEREAS,the Consultant wishes to provide the Services in accordance with the
terms of this Agreement; and
WHEREAS, each Party is duly authorized and capable of entering into this
Agreement.
NOW THEREFORE, in consideration of the above recitals and the mutual
promises and benefits contained herein, the Parties hereby agree as follows:
1. RESPONSIBILITIES.
(a) Of the Contractor. The Consultant agrees to do each of the following:
A. Perform the Services set forth in Exhibit A attached hereto; provided,
however, that if a conflict exists between this Agreement and any term
in Exhibit A, the terms in this Agreement shall control.
B. Devote as much productive time, energy, and ability to the performance
of its duties hereunder as necessary to provide the required Services in
a timely and productive manner in order to complete the services by the
dates specified in the Schedule in Exhibit A.
C. Perform the Services in a safe, good, and workmanlike manner by fully-
trained, skilled, competent,and experienced personnel using at all times
adequate equipment in good working order.
D. Communicate with the City regarding progress the Consultant has made
in performing the Services.
E. Provide services (including the Services) that are satisfactory and
acceptable to the City.
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(b) Of the City. The City agrees to do each of the following:
A. Engage the Consultant as an independent contractor to perform the
Services set forth in Exhibit A to this Agreement.
B. Provide relevant information to assist the Consultant with the
performance of the Services.
C. Satisfy all of the Consultant's reasonable requests for assistance in its
performance of the Services.
2. NATURE OF RELATIONSHIP.
(a) Independent Contractor Status. The Consultant agrees to perform the
Services hereunder solely as an independent contractor. The Parties agree
that nothing in this Agreement shall be construed as creating a joint venture,
partnership, franchise, agency, employer/employee, or similar relationship
between the Parties, or as authorizing either Party to act as the agent of the
other. The Consultant is and will remain an independent contractor in its
relationship to the City. The City shall not be responsible for withholding
taxes with respect to the Consultant's compensation hereunder. The
Consultant shall have no claim against the City hereunder or otherwise for
vacation pay, sick leave, retirement benefits, social security, worker's
compensation, health or disability benefits, unemployment insurance
benefits, or employee benefits of any kind.Nothing in this Agreement shall
create any obligation between either Party and a third party.
(b) Indemnification of City by Consultant. The City has entered into this
Agreement in reliance on information provided by the Consultant,including
the Consultant's express representation that it is an independent contractor
and in compliance with all applicable laws related to work as an
independent contractor. If any regulatory body or court of competent
jurisdiction finds that the Consultant is not an independent contractor and/or
is not in compliance with applicable laws related to work as an independent
contractor, based on the Consultant's own actions, the Consultant shall
assume full responsibility and liability for all taxes, assessments, and
penalties imposed against the Consultant and/or the City resulting from such
contrary interpretation, including but not limited to taxes, assessments, and
penalties that would have been deducted from the Consultant's earnings had
the Consultant been on the Consultant's payroll and employed as an
employee of the City.
3. CONFIDENTIAL INFORMATION.
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The Consultant agrees, during the Term and thereafter, to hold in strictest confidence, and
not to use, except for the benefit of the City, or to disclose to any person, firm, or
corporation without the prior written authorization of the City, any Confidential
Information of the City. "Confidential Information" means any of the City's proprietary
information, technical data, trade secrets, or know-how, including, but not limited to,
research, product plans, products, services, customer lists, markets, software,
developments, inventions, processes, formulas, technology, designs, drawings,
engineering, hardware configuration information, marketing, finances, or other business
information disclosed to the Consultant by the City, either directly or indirectly. The
Consultant may use the Confidential Information to the extent necessary for negotiations,
discussions, and consultations with City personnel or authorized representatives or for any
other purpose the City may hereafter authorize in writing.
4. REPRESENTATIONS AND WARRANTIES.
(a) The Parties each represent and warrant as follows:
A. Each Party has full power,authority, and right to perform its obligations
under the Agreement.
B. This Agreement is a legal, valid, and binding obligation of each Party,
enforceable against it in accordance with its terms (except as may be
limited by bankruptcy, insolvency, moratorium, or similar laws
affecting creditors' rights generally and equitable remedies).
C. Entering into this Agreement will not violate the charter or bylaws of
either Party or any material contract to which that Party is also a party.
(b) The Consultant hereby represents and warrants as follows:
A. The Consultant has the sole right to control and direct the means,details,
manner, and method by which the Services required by this Agreement
will be performed.
B. The Consultant has the right to perform the Services required by this
Agreement at any place or location, and at such times as the Consultant
shall determine.
C. The Services shall be performed in accordance with standards
prevailing in the City's industry, and shall further be performed in
accordance with and shall not violate any applicable laws, rules, or
regulations, and the Consultant shall obtain all permits or permissions
required to comply with such standards, laws, rules, or regulations.
D. The Services required by this Agreement shall be performed by the
Consultant or the Consultant's staff, and the City shall not be required
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to hire, supervise, or pay any assistants to help the Consultant perform
such Services.
E. The Consultant is responsible for paying all ordinary and necessary
expenses of its staff.
F. The Consultant is responsible for providing insurance coverage for itself
and its staff. Consultant shall provide proof of its insurance coverages,
including liability and worker's compensation insurance, to City prior
to beginning work.
(c) The City hereby represents and warrants as follows:
A. The City shall notify the Consultant of any changes to its procedures
affecting the Consultant's obligations under this Agreement at least 30
days prior to implementing such changes.
B. The City shall provide such other assistance to the Consultant as it
deems reasonable and appropriate.
5. COMPENSATION.
(a) Terms and Conditions. The City shall pay the Consultant in accordance with
the terms and conditions set forth in Exhibit A.
(b) Timing of Payment. Payments shall be made to the Consultant within forty-
five (45) days of the City's receipt of the Consultant's invoice (supported
by reasonable documentation) for all Services performed to the City's
satisfaction in accordance with Exhibit A.
(c) No Payments in Certain Circumstances. Notwithstanding the foregoing, no
payment shall be payable to the Consultant under any of the following
circumstances:
A. if prohibited under applicable government law,regulation,or policy;
B. if the Consultant did not directly perform or complete all of the
Services described in Exhibit A;
C. if the Consultant did not perform the Services to the reasonable
satisfaction of the City; or
D. if the Services performed occurred after the expiration or
termination of the Term of this Agreement, unless otherwise agreed
in writing.
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(d) No Other Compensation. The compensation set out above shall be the
Consultant's sole compensation under this Agreement.
(e) Expenses. Any expenses incurred by the Consultant in the performance of
this Agreement shall be the Consultant's sole responsibility.
(f) Taxes. The Consultant is solely responsible for the payment of all income,
social security, employment-related, or other taxes incurred as a result of
the performance of the Services by the Consultant under this Agreement
and for all obligations, reports, and timely notifications relating to such
taxes. The City shall have no obligation to pay or withhold any sums for
such taxes.
6. WORK FOR HIRE.
The Consultant expressly acknowledges and agrees that any work prepared by the
Consultant under this Agreement shall be considered "work for hire" and the exclusive
property of the City unless otherwise specified.To the extent such work may not be deemed
a"work for hire" under applicable law, the Consultant hereby assigns to the City all of its
right, title, and interest in and to such work. The Consultant shall execute and deliver to
the City any instruments of transfer and take such other action that the City may reasonably
request,including,without limitation,executing and filing,at the City's expense,copyright
applications, assignments, and other documents required for the protection of the City's
rights to such materials.
7. NO CONFLICT OF INTEREST; OTHER ACTIVITIES.
The Consultant hereby warrants to the City that, to the best of its knowledge, it is not
currently obliged under an existing contract or other duty that conflicts with or is
inconsistent with this Agreement. During the Term (as defined below), the Consultant is
free to engage in other independent contracting activities; provided, however, the
Consultant shall not accept work, enter into contracts, or accept obligations inconsistent or
incompatible with the Consultant's obligations or the scope of Services to be rendered for
the City pursuant to this Agreement.
8. TERM.
This Agreement shall become effective as of the Effective Date and, unless otherwise
terminated in accordance with the provisions of Section 10 of this Agreement,will continue
until the Services have been satisfactorily completed and the Consultant has been paid in
full for such Services (the "Term").
9. TERMINATION.
This Agreement may be terminated:
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(a) By either Party on provision of thirty ( 30 ) days written notice to the
other Party, with or without cause.
(b) By either Party for a material breach of any provision of this Agreement by
the other Party, if the other Party's material breach is not cured within thirty
( 30 ) days of receipt of written notice thereof.
(c) By the City at any time and without prior notice, if the Consultant is
convicted of any crime or offense,fails or refuses to comply with the written
policies or reasonable directives of the City, or is guilty of serious
misconduct in connection with performance under this Agreement.
Following the termination of this Agreement for any reason, the City shall promptly pay
the Consultant according to the terms of Exhibit A for Services rendered before the
effective date of the termination subject to Section 5(c). The Consultant acknowledges and
agrees that no other compensation, of any nature or type, shall be payable hereunder
following the termination of this Agreement.
10. RETURN OF PROPERTY
Within thirty (30) days of the termination of this Agreement, whether by expiration or
otherwise,the Consultant agrees to return to the Company all Company products, samples,
models, or other property and all documents, retaining no copies or notes, relating to the
Company's business including, but not limited to, reports, abstracts, lists, correspondence,
information, computer files, computer disks, and all other materials and all copies of such
material obtained by the Consultant during and in connection with its representation of the
City. All files, records, documents, blueprints, specifications, information, letters, notes,
media lists, original artwork/creative, notebooks, and similar items relating to the City's
business,whether prepared by the Consultant or otherwise coming into its possession, shall
remain the City's exclusive property ; provided, however, that title and ownership in and
to the Consultant's work that does not constitute work product relating to the Services shall
remain and belong to and be vested in the Consultant.
11. USE OF TRADEMARKS. "R
The Consultant recognizes the City's right, title, and interest in and to all service marks,
trademarks, and trade names used by the City and agrees not to engage in any activities or
commit any acts, directly or indirectly, that may contest, dispute, or otherwise impair the
City's right,title,and interest therein,nor shall the Consultant cause diminishment of value
of said trademarks or trade names through any act or representation. The Consultant shall
not apply for, acquire, or claim any right, title, or interest in or to any such service marks,
trademarks, or trade names, or others that may be confusingly similar to any of them,
through advertising or otherwise. Effective as of the termination of this Agreement,
whether by expiration or otherwise, the Consultant shall cease to use all of the City's
trademarks, marks, and trade names.
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12. MODIFICATION.
No amendment, change, or modification of this Agreement shall be valid unless in writing
and signed by both Parties.
13. ASSIGNMENT.
The City may assign this Agreement freely, in whole or in part. The Consultant may not,
without the written consent of the City, assign, subcontract, or delegate its obligations
under this Agreement, except that the Consultant may transfer the right to receive any
amounts that may be payable to it for its Services under this Agreement, which transfer
will be effective only after receipt by the City of written notice of such assignment or
transfer.
14. SUCCESSORS AND ASSIGNS.
All references in this Agreement to the Parties shall be deemed to include, as applicable, a
reference to their respective successors and assigns. The provisions of this Agreement shall
be binding on and shall inure to the benefit of the successors and assigns of the Parties.
15. FORCE MAJEURE.
A Party shall be not be considered in breach of or in default under this Agreement on
account of, and shall not be liable to the other Party for, any delay or failure to perform its
obligations hereunder by reason of fire, earthquake, flood, explosion, strike, riot, war,
terrorism, or similar event beyond that Party's reasonable control (each a "Force Majeure
Event"); provided, however, if a Force Majeure Event occurs, the affected Party shall, as
soon as practicable:
(a) notify the other Party of the Force Majeure Event and its impact on
performance under this Agreement; and
(b) use reasonable efforts to resolve any issues resulting from the Force
Majeure Event and perform its obligations hereunder.
16. NO IMPLIED WAIVER.
The failure of either Party to insist on strict performance of any covenant or obligation
under this Agreement, regardless of the length of time for which such failure continues,
shall not be deemed a waiver of such Party's right to demand strict compliance in the future.
No consent or waiver, express or implied,to or of any breach or default in the performance
of any obligation under this Agreement shall constitute a consent or waiver to or of any
other breach or default in the performance of the same or any other obligation.
17. NOTICE.
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Any notice or other communication provided for herein or given hereunder to a Party
hereto shall be in writing and shall be given in person, by overnight courier, or by mail
(registered or certified mail, postage prepaid, return-receipt requested) to the respective
Parties as follows:
If to the City:
Grant Coordinator
City of McCall
216 East Park Street
McCall, Idaho 83638
If to the Consultant:
TAG Historical Research& Consulting
P.O. Box 7333
Boise, ID 83707
18. GOVERNING LAW.
This Agreement shall be governed by the laws of the state of Idaho. In the event that
litigation results from or arises out of this Agreement or the performance thereof, the
Parties agree to reimburse the prevailing Party's reasonable attorneys' fees, court costs,
and all other expenses,whether or not taxable by the court as costs, in addition to any other
relief to which the prevailing Party may be entitled.
19. COUNTERPARTS/ELECTRONIC SIGNATURES.
This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original but all of which shall constitute one and the same instrument. For
purposes of this Agreement, use of a facsimile, e-mail, or other electronic medium shall
have the same force and effect as an original signature.
20. SEVERABILITY.
Whenever possible, each provision of this Agreement will be interpreted in such manner
as to be effective and valid under applicable law, but if any provision of this Agreement is
held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule
in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other
provision or any other jurisdiction, but this Agreement will be reformed, construed, and
enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had
never been contained herein.
21. ENTIRE AGREEMENT.
This Agreement, constitutes the final, complete, and exclusive statement of the agreement
of the Parties with respect to the subject matter hereof, and supersedes any and all other
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prior and contemporaneous agreements and understandings,both written and oral,between
the Parties.
22. HEADINGS.
Headings used in this Agreement are provided for convenience only and shall not be used
to construe meaning or intent.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
date first above written.
CITY City of McCall, Idaho
Natie: Jackie J. o
Y
Tile: Mayor
Attest'. Pi ( . 44 ra�,
Name: BessieJo ..'/ner
Title: City Clerk
CONSULTANT TAG Historical Research& Consulting
By:
Name: Barbara Perry Bauer
Title: President
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By signing below, the Parties agree to comply with all of the requirements contained in
this Exhibit A.
Dated: OUtOittj30 I c
CITY City of McCall
h_ . .----_
N e: JackiZg4
Aon
Ti e: Mayor
Attest: ,r 14 4 t.I ' l 0/Name: BessieJo Wagn.4
Title: City Clerk
CONSULTANT TAG Historical Research & Consulting
B 6YV-�
Y•
Name: Barbara Perry Bauer
Title: President
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EXHIBIT A
CONSULTANT'S PROPOSAL
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Proposal
Intensive-Level Survey and Site Documentation
Preparation of a National Register of Historic Places Nomination
for the
Johnson Flying Service Hangar
McCall, Idaho
Prepared by
TAG Historical Research&Consulting
a/b/n The Arrowrock Group,Inc.
for
City of McCall, Idaho
June 2018
TAG
Purpose and Need
The City of McCall,a Certified Local Government(CLG) has requested assistance in completing intensive-
level survey and documentation and preparation of a National Register of Historic Places nomination form
for the Johnson Flying Services Hangar,a resource which has been determined eligible by the State
Architectural Historian.
Tasks and Methodology
Project tasks will include:
Task 1 Site Inventory and Documentation
Field work will include a site visit to McCall to collect information and document the building with
interior and exterior photographs.The field work will include consultation with City of McCall
Historic Preservation staff and members of the Historic Preservation Commission who will provide
information about the history of the hangar.Additional research maybe conducted at McCall Public
Library,as well as sources in Boise such as the Idaho State Archives and Special Collections and
Archives,Albertson Library Boise State University,and additional online resources,if needed.
All work will be completed to the Standards of the Secretary of the Interior and the Idaho State
Historic Preservation Office (SHPO).
Task 2 National Register of Historic Places Nomination Form
Research and documentation for Task 1 will be incorporated into the National Register of Historic
Places nomination form.If additional research is needed,it will be conducted as indicated in Task 1.
Preparation of the nomination form will be completed according to the requirements outlined in
National Park Service Bulletin 16a, How to Complete the National Register of Historic Places
Nomination Form,and the Manual for Preparing National Register of Historic Places Nominations in
Idaho,recently updated by the Idaho SHPO.
Task 3 Presentation for Idaho Archaeology and Historic Preservation Month
A one-hour public presentation on the project and its results will be scheduled for a location in
McCall during Idaho Archaeology and Historic Preservation Month (May 2019) in coordination with
the Idaho State Historic Preservation Office and City of McCall.
Proposal Intensive-level Survey and Site Documentation&Preparation of a National Register of Historic Places Nomination Form for the
Johnson Flying Service Hangar in McCall, Idaho,June 2018
2
Project Team
Following is summary information about the individual team members,please see the attached
resumes for more information.
Barbara Perry Bauer(M.A.History,Boise State University, 2000) received both her undergraduate and
graduate history degrees from Boise State University.She has over 30 years of experience in the field of
public history,having worked professionally for the Buffalo Bill Historical Center(now the Buffalo Bill
Center of the West) in Cody,Wyoming,and the Basque Museum and Cultural Center in Boise.Barbara is a
founding member of TAG Historical Research&Consulting(a/b/n of The Arrowrock Group,Inc.) Her
expertise includes historic resource surveys and documentation,including agricultural property surveys of
Ada County(1989, 1999,2000,and 2008)and Twin Falls County(2009, 2010,2012); archival research and
writing for interpretive exhibits,including the recently installed interpretive signs documenting the history
of the Lardo Bridge Crossing,which were recently installed in McCall's Rotary Park;litigation support;
collections management;and heritage tourism. Barbara is a former member of the Boise City History
Committee and has served a three-year term on the board of Preservation Idaho.She is the author of South
Boise Scrapbook:A Neighborhood History(TAG,Boise,2015)and co-author of Treasure Valley's Electric
Railways(Arcadia, 2013)and Legendary Locals of Boise (Arcadia, 2015).Barbara was recognized as a
Distinguished Preservationist in 2018 with an Orchid award from Preservation Idaho.Barbara qualifies
as a historic preservation professional under CFR 61,Appendix A.
Elizabeth Jacox(B.A.History,Idaho State University 1980) has more than 35 years of experience in the
field of historical research. From 1980 until 1995,she was employed by the Idaho State Historical Society,
first under a grant to catalog the oral history collection,then as a staff member at the Library and Archives
(now the Idaho State Archives)where she was responsible for managing the historic photograph collection
and assisting the public with research in special collections and archives.Since joining TAG in 1995 she has
served as project manager for historic site surveys in Nampa,Pocatello,Weiser and Hailey,and
participated in agricultural property surveys of Ada County in 1999,2000,and 2008 and Twin Falls County
(2009,2010,2012).She has written National Register of Historic Places nominations for the Hailey
Masonic Hall,Old Mercy Hospital in Nampa,the Institute Canal Company Pump House in Weiser,and
historic districts in Pocatello and Nampa.Elizabeth served a three-year term as a small business
representative on the board of the American Cultural Resources Association.She is the co-author of
Treasure Valley's Electric Railway(Arcadia, 2013)and Legendary Locals of Boise(Arcadia,2015).Elizabeth
was recognized as a Distinguished Preservationist in 2018 with an Orchid award from Preservation Idaho.
Elizabeth qualifies as a historic preservation professional under CFR 61,Appendix A.
TAG Historical Research&Consulting was founded as The Arrowrock Group,Inc.,in 1994 with the goal of
providing quality historical research services to clients.In 2005 we adopted a new business name to more
clearly define our company.In the last quarter century,we have documented thousands of buildings in
southern Idaho,completed many National Register of Historic Places nominations,and provided historical
research services to many clients in the public and private sectors,including surveys completed for the
Twin Falls County Historic Preservation Commission in 2009, 2010,and 2012.A woman-owned business,
TAG is certified as a Disadvantaged Business Enterprise (DBE) by the Idaho Department of Transportation.
We support the history community by mentoring high school and university students with an interest in
history and historic preservation.TAG is the proud recipient of the 2009-2010 Mayor's Award (Boise) for
Excellence in Art&History/Business Support of History.
Proposal Intensive-level Survey and Site Documentation&Preparation of a National Register of Historic Places Nomination Form for the
Johnson Flying Service Hangar in McCall,Idaho,June 2018
3
Deliverables
Progress Reports
Monthly progress reports will be provided to the City of McCall,with specific interim reports scheduled
for delivery to both the City and SHPO.
Final Products
Idaho Historic Sites Inventory Form and required attachments
A hard copy and a digital copy of the completed form and any required attachments (including
photographs,maps,other documentation)will be provided to the City of McCall and SHPO
National Register of Historic Places Nomination Form
A hard copy and a digital copy of the completed form and any required attachments (including the
National Register of Historic Places Nomination form checklist,photographs,maps,other
documentation will be provided to the City of McCall and SHPO)
Presentation Idaho Archaeology and Historic Preservation Month
To be scheduled for delivery in May 2019
All final products will conform to the standards of the National Park Service and the Idaho State Historic
Preservation Office.
Timeline
Work will begin immediately upon execution of the contract,with a schedule based on the proposed
schedule included in the Request for Proposals.
2018
August-September Field work will be scheduled for a date in August or September
September Complete data entry and report preparation for the intensive-level survey,begin
drafting National Register nomination form.
By September 30 Submit an interim report and IHSI documentation with required attachments
October-December Complete draft of National Register nomination
2019
By January 31 Submit an interim report and a substantial draft of the National Register nomination
form.
By March 31 Submit final report and final nomination draft with all required attachments
May Idaho Archaeology and Historic Preservation Month presentation
Location in McCall and date to be determined.
Proposal Intensive-level Survey and Site Documentation&Preparation of a National Register of Historic Places Nomination Form for the
Johnson Flying Service Hangar in McCall, Idaho,June 2018
4
Budget
The project budget will not exceed$4,500, including expenses and travel costs. The below
estimate provides some flexibility. Using an hourly rate based on the funds available and the tasks
to be completed,the hourly rate is $34.61.
Item Hours Total
Field Work,including travel time 12 $ 415.32
(2 people)
Research (in addition to field work) 8 276.88
Data entry,preparation of maps and 8 276.88
Photographs for IHSI form
Preparation of National Register of 70 2,422,70
Historic Places nomination
Preparation of presentation 8 276.88
(including 1-hour presentation plus
travel time
Editing and revisions to nomination 10 346.10
Item Total 116 $3,668.66
Expense Total
Mileage, 2 round trips to McCall (field 432@.545/mi $235.54
work and presentation)
Other Expenses (copies,etc.) $100.00
Expense Total $335.54
Item+ Expense Estimated Project Total $4,004.20
References
TJ Frans
City of Caldwell
208-455-4674
tjfrans@cityofcaldwell.org
Suzi Pengilly
208-861-2355
Suzi1005@gmail.com
Tracy Schwartz
ODOT Project Review Coordinator
Oregon State Historic Preservation Office
503-986-0661
Tracy.schwartz@oregon.gov
Proposal Intensive-level Survey and Site Documentation&Preparation of a National Register of Historic Places Nomination Form for the
Johnson Flying Service Hangar in McCall,Idaho,June 2018
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