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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 kt 9 6,,,.s& @ 1988-2014 ACORD CORPORATION. All rights reserved.