HomeMy Public PortalAbout2017.04.10 Amy Rush Independent contractor agreementINDEPENDENT CONTRACTOR AGREEMENT
AGREEMENT made between the Board of Trustees of the McCall Public Library (Governmental Entity), a political
subdivision of the state of Idaho, herein "ENTITY" and Amy Rush, herein "CONTRACTOR",
THE PARTIES AGREE AS FOLLOWS:
1. CONTRACT: ENTITY hereby employs CONTRACTOR as an independent contractor to complete and perform
the following description of the project and work, including details in the Job Description (Exhibit A):
Fundraising support for the McCall Public Library building expansion campaign requires administrative duties,
including but not limited to: CONTRACTOR will learn donor organizing documentation and administration
systems; schedule prospective donor visits; perform a variety of correspondence tasks including gift
acknowledgement; maintain proper record keeping and administrative support; work with Markley LLC or
Fundraising Consultant to participate in training with Library staff, board and committee to draft the case for
support; help to identify and interview prospective donors; tailor the fundraising campaign message and goals to the
local community; provide support for donor outreach coaching at meetings and on demand; provide support for
public outreach phase of the campaign; present the Library expansion campaign at house parties or other community
events, in conjunction with Library leadership or alone; work toward a transition to having very little to no counsel
from Markley LLC toward the middle or end of the campaign.
CONTRACTOR agrees to provide all materials and services for the project in accordance with the attached written
specifications.
2. TIME OF PERFORMANCE AND TERMINATION: Parties agree that:
[ ] CONTRACTOR shall commence work on the project by , 20 and complete the
project by ,20 .
[ x ] CONTRACTOR will commence work on the project April 10, 2017 and continue until this
Agreement is terminated by 15 days written notice by either party.
3. COMPENSATION: ENTITY agrees to pay CONTRACTOR as compensation:
[ ] The sum of $ , payable upon completion of the project and acceptance by ENTITY.
[ x ] The sum of $1300 per month, which shall be payable the 151 of each month by submitting an invoice detailing
the work accomplished for the prior month. This compensation rate is for a minimum period of 3 months, at which
time the rate of compensation may be re-evaluated by the Library Board of Trustees.
4. INDEPENDENT CONTRACTOR: The parties agree that CONTRACTOR is the independent contractor of
ENTITY and in no way an employee or agent of ENTITY and is not entitled to workers compensation or any benefit
of employment with the ENTITY. ENTITY shall have no control over the performance of this Agreement by
CONTRACTOR or its employees, except to specify the time and place of performance, and the results to be
achieved. ENTITY shall have no responsibility for security or protection of CONTRACTOR'S supplies or
equipment. CONTRACTOR agrees to pay and be responsible for all taxes due from the compensation received
under this contract.
5. WARRANTY: CONTRACTOR represents and warrants that all Services will be provided in a professional
manner. Except as stated in the foregoing sentence, however, no express or implied warranty is made by
CONTRACTOR with respect to the Services. CONTRACTOR expressly disclaims any such warranties, and does
not guarantee that Owner will secure any particular level of funding or any particular commitments from any third
parties in relation to or as a result of the Services.
Form 102
INDEPENDENT CONTRACTOR AGREEMENT - I of 5 Pgs.
6. OWNERSHIP OF THE DOCUMENTS AND DATABASE: All products, digital or paper, created as a result of
this agreement shall become the property of ENTITY for their use. If requested, CONTRACTOR will provide this
information in an appropriate format using industry standards.
7. INDEMNIFICATION: CONTRACTOR agrees to indemnify, defend, and hold harmless ENTITY, and its
officers, agents and employees, from and against any and all claims, losses, actions, or judgments for damages or
injury to persons or property arising out of or in connection with the acts and/or any performances or activities of
CONTRACTOR, CONTRACTOR'S agents, employees, or representatives under this Agreement.
8. INSURANCE: CONTRACTOR agrees to obtain and keep in force during its acts under this Agreement a
comprehensive general liability insurance policy in the minimum amount as required by all applicable laws, which
shall name and protect CONTRACTOR, all CONTRACTOR's employees, ENTITY, and its officers, agents and
employees, from and against any and all claims, losses, actions, and judgments for damages or injury to persons or
property arising out of or in connection with the CONTRACTOR's acts. CONTRACTOR shall provide proof of
liability coverage as set forth above to ENTITY prior to commencing its performance as herein provided, and require
insurer to notify ENTITY ten (10) days prior to cancellation of said policy.
9. TOOLS, MATERIALS AND EQUIPMENT: Except as set forth by the ENTITY in a written change to Exhibit A,
CONTRACTOR will supply all tools, materials, and equipment required to perform the Contract.
10. WORKER'S COMPENSATION: CONTRACTOR shall maintain in full force and effect worker's compensation
for CONTRACTOR and any agents, employees, and staff that the CONTRACTOR may employ, and provide proof
to ENTITY of such coverage or that such worker's compensation insurance is not required under the circumstances.
11.COMPLIANCE WITH LAWS: CONTRACTOR agrees to comply with all federal, state, city, and local laws,
rules and regulations.
12. ENTIRE AGREEMENT: This is the entire agreement of the parties and can only be modified or amended in
writing by the parties.
13. ATTORNEY FEES: Reasonable attorney fees shall be awarded to the prevailing party in any action to enforce
this Agreement or to declare forfeiture or termination of this Agreement.
DATED this 10t day of April, 2017.
ENTITY: CONTRACTOR:
Board of Trustees of McCall Public Library
(Governmental Entity)
By
Its
By Amy Rush
(Name)
ATTEST: WITNESS:
C � v IVY eAt ! Ci 414 U m.a i irC1zr" (Signatw f Witness oNotary Public)
(County, City or other Governmental Entity)
� �r
Form and content approved by as attorney for (Governmental Entity).
Form 102
INDEPENDENT CONTRACTOR AGREEMENT - 2 of 5 Pgs.
EXHIBIT A
JOB DESCRIPTION
MCCALL PUBLIC LIBRARY FUNDRAISING COORDINATOR
APRIL, 2107
General Statement of Duties
Performs routine clerical duties handling the library's
fundraising campaign; performs related work as required.
Primary Function
The primary function of this position is to perform regular and
timely administrative duties that will keep the library's.
campaign organized. The Fundraising Coordinator will work
together with the Fundraising Consultant, but Consultant will
take the lead in creating documents and trainings, with the
Coordinator offering suggestions and tailoring items to local
needs. It is anticipated that the Fundraising Coordinator will
be able to carry the campaign forward, including administrative
duties, after 9-12 months of the start of the campaign. The
Fundraising Coordinator reports to the Library Director, The
Board of Trustees, and the Library Expansion Committee. The
Fundraising Coordinator will submit a brief written report,,
outlining hours and accomplishments, every 2 weeks for the
extend of the contract.
Examples of Work (Illustrative only)
• Scheduling appointments
• Returning calls and following up
• Selecting and building a donor database
• Testing content
• Copying, binding and otherwise maintaining a cache of
materials for campaign
• Maintaining tracking system of contacts, donors, and
next steps
• Representing Library as needed in public and private
meetings, with support moving into without support
• Strategizing with Consultant, Director, Board and
Committee
• Participating in trainings with Consultant; later in
campaign able to lead trainings as needed
• Participate in Consultant's on -site trainings and
planning
Form 102
INDEPENDENT CONTRACTOR AGREEMENT - 3 of 5 Pgs.
i'
• Attend meetings with Board of Trustees once per month
and Expansion Committee twice per month, as needed
• Collaborate with City of McCall staff including
Library Director, Treasurer, Communications Director
and Grants Coordinator.
Knowledge, Skills, and Abilities
Knowledge of: Computer use including databases and software
such as Excel and Word. Basic graphic design. Principles,
methods, practices and objectives of library fundraising
campaigns. Donor management principles and practices. Phone
etiquette and scheduling procedures. Marketing principles and
processes.
Ability to: Follow written and oral instructions;
demonstrate proficiency in computer use and database management;
demonstrate extremely high level of detail and accuracy with
written and oral communication; establish and maintain effective
working relationships with volunteers, staff, other City
departments, the general public, potential donors, consultants,
and other interested and affected parties; work on tasks
independently and in collaboration with others; work with
flexibility in regard to the work environment and hours.
Acceptable Experience and Training
Bachelor's degree required, related non --profit management or
public relations field preferred. Appropriate professional
licenses preferred. Or, any equivalent combination of experience
and training which provides the knowledge and abilities
necessary to perform the work to the satisfaction of the Board
of Trustees.
Special Qualifications
Idaho driver's license
Essential Physical Abilities
• Sufficient clarity of speech and hearing or other
communication capabilities, with or without reasonable
accommodation, which permits the consultant to discern
verbal instructions, communicate effectively on the
telephone and in person, and to hear sounds within the
normal range of conversation;
• Sufficient visual acuity, with or without reasonable
accommodation, which permits the consultant to comprehend
INDEPENDENT CONTRACTOR AGREEMENT - 4 of 5 Pgs.
Form 102
written work instructions and review, evaluate, and prepare
a variety of written documents and text materials, both
digital and print;
• Sufficient manual dexterity, with or without reasonable
accommodation, which permits the consultant to operate
standard office equipment, computer equipment, and
specialized library equipment;
• Sufficient personal mobility., flexibility, strength,
physical reflexes and agility, with or without reasonable
accommodation, which permits the employee to sit or stand
for an extended period of time, operate a computer
keyboard, bend, stoop, kneel, lift up to 25 pounds, and
maneuver in and out of a variety of work environments.
Form 102
INDEPENDENT CONTRACTOR AGREEMENT - 5 of 5 Pgs.
Aec,Rtf CERTIFICATE OF LIABILITY INSURANCE
TE(MWD,DNYYY)
I DATE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WANED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on thls certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER
Hiscox Inc.
520 Madison Avenue
32nd Floor
New York, NY 10022
CONTACT
NAME:
PHO
INCNo Zak (888) 202-3007 FAX
No):
A��: contact@hiscox.com
INSURER(S) AFFORDING COVERAGE
NAIL i
INSURER A: Hiscox Insurance Company Inc
10200
INSURED
Amy Rush
127 kens place
mccall, ID 83638
INSURER B :
INSURER C :
INSURER D:
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD
POLICY NUMBER
POLICY EFF
(MMIDWYYVY)
POLICY EXP
(MMIDD/YYYY)
LIMBS
A
X
COMMERCIAL GENERAL LIABILITY
Y
UDC-1951201-CGL-17
04/11/2017
04/11/2018
EACH OCCURRENCE
$ 1,000,000
CLAIMS -MADE
X
OCCUR
DAMAGE TO RENTED
PREMISES (Ea occurrence)
$ 100,000
MED EXP (Any one person)
$ 5,000
PERSONAL & ADV INJURY
$ 0
GEN'L
X
AGGREGATE
POUCY
OTHER:
LIMIT APPLIES PER:
JECT LOC
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS - COMP/OP AGG
$ SR' Gen. Agg
$
AUTOMOBILE
_
_
LIABILITY
ANY AUTO
ALL OWNED
AUTOS
HIRED AUTOS
SCHEDULED
AUTOS
NON -OWNED
AUTOS
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
$
UMBRELLA LIAB
EXCESS LIAR
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
$
AGGREGATE
$
DED
RETENTION $
$
WORKERS COMPENSATION
ANDEMPLOYERS'LIABIUTY Y/N
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory In NH)
ff yes. describe under
DESCRIPTION OF OPERATIONS below
N/A
PER
STATUTE-
OTH-
ER
-
EL EACH ACCIDENT
$
E.L DISEASE - EA EMPLOYEE
$
E.L DISEASE -POLICY LIMIT
$
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached U more apace la required)
marketing consultant
CERTIFICATE HOLDER
CANCELLATION
City of McCall
216 a park street
mccall idaho 83638
I
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE a
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@ 1988-2014 ACORD CORPORATION. All rights reserved.