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COLE SIGN CO. PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is to engage the professional artistic services of COLE SIGN CO for the purposes of the design, production and installation of the informational and artistic element of a City own d entrance and welcome sign. This Agreement, entered into on the ;rJ day of , 1999, between CITY OF MOSCOW, IDAHO, a municipal corporatio of the State of Idaho (hereinafter referred to as "CITY"), and COLE SIGN CO (hereinafter referred to as "DESIGNER"), is as follows A DESIGNER agrees to perform the following services as necessary, which include but are not limited to: The design and execution (including installation) of a City owned entrance and welcome sign( s) to be placed in a location directed by CITY (hereinafter referred to as "PROJECT") B. CITY agrees to the following CITY will pay DESIGNER under this Agreement at the rate of Fifteen Thousand Nine Hundred Sixty Dollars ($15,960) for PROJECT. C. CITY agrees to pay DESIGNER in two installments for the PROJECT. The first payment shall be made by CITY to DESIGNER upon commencement of the PROJECT to facilitate the purchase of materials to be used on the PROJECT. The second payment shall be made by CITY to DESIGNER upon completion of PROJECT. Term will be net twenty (20) days. All unpaid balances beyond twenty (20) days will be subject to a finance charge of one and one-half percent (I 1/2%) per month. DESIGNER reserves the right to stop work at any time during the term if payments for services are not made in accordance with this Agreement D. FEDERAL, STATE, AND LOCAL PAYROLL TAXES Neither federal, state or local income taxes, nor payroll taxes of any kind shall be withheld and paid by CITY on behalf of DESIGNER or the employees of DESIGNER DESIGNER shall not be treated as an employee with respect to the services performed hereunder for federal or state tax purposes. DESIGNER understands that DESIGNER is responsible to pay, according to law, DESIGNER'S income tax. DESIGNER further understands that DESIGNER may be liable for self employment (Social Security) tax to be paid by DESIGNER according to law. AGREEMENT FOR PROFESSIONAL SERVICES Page I 99-79 ---PAGE BREAK--- E. INDEPENDENT CONTRACTOR RELATIONSHIP DESIGNER is an independent contractor and is not an employee, servant, agent, partner, or JOmt venturer of CITY DESIGNER shall determine the appropriate means by which the work specified by CITY shall be accomplished. F. RIGHT OF CONTROL: CITY agrees that it will have no right to control or direct the details, manner, or means by which DESIGNER accomplishes the results of the services performed hereunder. DESIGNER has no obligation to work any particular hours or days or any particular number of hours or days, provided that DESIGNER shall be obligated to design and install a City owned entrance and welcome sign in conformance with Exhibit attached hereto and incorporated herein by this reference CITY reserves the right of final approval of design and installation. DESIGNER agrees that its other contracts or services shall not interfere with the performance of its services under this Agreement and that, barring an unforeseen event, the PROJECT will be completed on or prior to sixty (60) days from the agreed upon start date for the PROJECT. G. ADDITIONAL WORK CITY and DESIGNER may extend this Agreement to include up to one ( 1) additional City owned entrance and welcome signs under the same terms, price, time period for completion of the PROJECT, and other terms of this Agreement. Such Agreement extension shall be confirmed by CITY and DESIGNER in writing H. LICENSES AND LAW DESIGNER represents that it possesses the skill and experience necessary and all licenses, permits, bonds, and the like required to perform the services contemplated by this Agreement. DESIGNER further agrees to comply with all applicable laws in the performance of the services hereunder. I. FRINGE BENEFITS As an independent contractor, DESIGNER is not eligible for, and shall not participate in, any employee pension, health, or other fringe benefit plans of CITY l WORKER'S COMPENSATION DESIGNER shall maintain in full force and effect worker's compensation for DESIGNER and any agents, employees, and staff that DESIGNER may employ, and provide proof to CITY of such coverage or that such worker's compensation insurance is not required under the circumstances. K EQUIPMENT, TOOLS, MATERIALS OR SUPPLIES DESIGNER shall supply, at DESIGNER'S sole expense, all equipment, tools, materials and/or supplies to accomplish the services to be provided herein. L. WARRANTY DESIGNER warrants that all materials and goods supplied under this Agreement shall be of good merchantable quality and that all services will be AGREEMENT FOR PROFESSIONAL SERVICES Page 2 ---PAGE BREAK--- performed in a good workmanlike manner. DESIGNER acknowledges that it will be liable for any breach of this warranty. M. INDEMNIFICATION DESIGNER agrees to indemnify, defend, and hold harmless CITY 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 act and/or any performances or activities of DESIGNER, DESIGNER'S agents, employees, or representatives under this Agreement. N. INSURANCE DESIGNER agrees to obtain and keep in force during its acts under this Agreement a comprehensive general liability insurance policy in the minimum amount of Five Hundred Thousand Dollars ($500,000), which shall name and protect DESIGNER, all DESIGNER'S employees, CITY, 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 DESIGNER'S acts. DESIGNER shall provide proof of liability coverage as set forth above to CITY prior to commencing its performance as herein provided, and said require insurer to notifY CITY ten (I 0) days prior to cancellation of said policy. 0 BOND REQUIRED DESIGNER agrees to obtain and keep in force during its acts under this Agreement a performance bond in the amount of one hundred percent ( 100%) of the total amount to be paid under this Agreement P ATTORNEY'S FEES: In the event that a dispute should arise relating to the performance of the services to be provided or for the collection of fees under this Agreement, and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense or the pursuit of the claim, including staff time, court costs, reasonable DESIGNER'S fees, and other claim-related expenses. Q CONSTRUCTION AND VENUE It is agreed that this Agreement shall be construed under and governed by the laws of the State of Idaho. In the event of litigation concerning it, it is agreed that proper venue shall be the District Court of the Second Judicial District of the State ofldaho, in and for the County of Latah R ENTIRE AGREEMENT This is the entire Agreement of the parties and can only be modified or amended in writing by the parties S SEVERABILITY If any part of this Agreement is held unenforceable, the remaining portions of the Agreement will nevertheless remain in full force and effect AGREEMENT FOR PROFESSIONAL SERVICES Page 3 ---PAGE BREAK--- T. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of , 1999. COLE SIGN CO 325 North Main Street Moscow, ID 83843 By°·&q±²³´/ µ Fred Cole, Owner ,\gn.>ement<(Co!e Sign Professional Services.,pm AGREEMENT FOR PROFESSIONAL SERVICES CITY OF MOSCOW P 0 Box 9203 ) ( . ! Christine Bainbridge, City Cl Page 4 ---PAGE BREAK--- Bond No. 82930461 RELIANGE SURETY COMPANY PHILADELPHIA. PERFORMANCE BOND Ttte American Institute of Architects. AlA Document A311. Febntary 1970 Edition. KNOW All MEN BY THESE PRESENTS: that (Hempanies by virtue of signature and seals do herebY make, .constitute and appoint , Cheryl Pri1111!1er, of Spokane, Yla$hil1liJIDR. their true !lfld I!IWful Attorney(s}in-Fact, to make; exeeole, . seal and deliver forallIY In the. flllure !hereof were signed bY an E>tecullve Officer of the ComPanies an!l sealed !lfld attested by one other of suen. olF!CefS, and herei>y ratifies and confirms aD that their said Aftomey(s)-ln·Factmay <:loin purauance hereof. ThisPower of At!OmSy !so granted under ƺnd by !lie aulhority of Arhcle VII ofthe SǗ'l.aws of RELIAAICE SURETY COMPANY, RELIANCE INSURANCE CQI,IPANY, UNITED PACIFIC INSURANCE. COMPANY, and RELIAAICE NATIONAL INDEMNITY COMPANY which provisions ll!enow in full force and effect, reading JlS fol!Q!IIIS: · · AAr;cu: Vll -execiittON-01':-'$0NPS AAD tiNDE:KTAKiNGs 1 , t _l'lie-_tkwd4fr: -tht{J>residmt, ɶ,Olairman Or the &ard, an)' Senior Vice P!Wde'*,-_any Vke,Pre$ident on\ft--Vlfe-_rmtdem or-mtler-Mfle¢f iksigtlated-ǭJy the-ɯ W Dir«ton sfuill tm.ve , lj atlli ɻit)i UF($}-3pp0int Aɼ(t}o'in-Facl: ɪto them tQ execute 'Oil behalf of $e bonds ,all! -:uridenaki1iiS¹ recogniº, cimfmiS ffldemnity :and nj-writings ubligamcy in the ɦ ' , ɤɨ and ro ɹ:any socb ɺ.s).fn..Fm:t J¥-'My, :t:ime and re\'9ki::the power and ambority 'given to them.' : and-;¶; mlb}e¢-: , !o_ttt(rtefms Wifirnr» Ql':ibt Lj ut 'Attomty--LJ «-1hetnɱ-_-_wwx-indy Pá:-heh;uf ǟ-tiurǠ;: ¼ ;wdU½. md\m1nifYW!d-otber ǚ!>-Ǜigatl,1ry ':RF ǔ-Ǖ· Theǖ seal i$)'wt ɥ t.;v tlity#!idity Of any QOnds !ffid-uǡ-UICQgnǢ, ǣof indemnity and tnh¢r, '-writings- oblil!JUllrY in, tl:le nature !fuiio£' ' -3:ɧ 1\Â(s}ÃFacisbaitfuwc poWedwt:aUɽ Ǥǥ-ǦǧtoǨ-ǩ w boods, eontrads m 1µ,:0, c9nquloz-nr obllkatary_unddtakinp and they shalf l!ilsO ǐY'i-Ǒ and l\lldU'Irity'ɬ ce&fy-the financlaLstatement of the ɲny-and t£H::opklFO( the By-l.,ao/s of tfu: Cu:ɫy or any anide otS«tkm the:rt:fif. , ǒ--Ǔ tif--1\.Jt¾-ls slǪne.tiuǫa'Ǭby facsimlle¢al !lhidf be valitl and bil!ding upon the Company, tntle furor<:< with ]to any_-bofld_ur !lndi:ttaking W whidl it is i.lltacled."' IN WITNESS WHEREOF, the !>ƽve caU$ed llleSe presents to he.slgne(!and their t:iOrp(lrate seal$ to hl!fe!9 affixed, this June 2, 1.999. I STATE OF. Wasllin(l!on } COUNTY OF ll;illg } SS; RELIANCESUREry CqMP,<\NY RELW/PE INSURANCE.COMPANY UNITIEilPACIFIC iNSURANCE. COMPANY RELIANCE NAtiONAL INDEMNITY COMPANY I . • I On this, J.une 2,199 , bef<>re Laura. L Santos.. peraona!ly appeared Jill ark W, Alsup , Who "'*l'l<>Wied9ed l>imse)flo the Vtce President of the : ƾeliafll'e .Sure!)f Company, Helianca lnsw:anca Company, United Pacilie.lnsorance .Company, and Hevance Company and that as : such, being aulƿorized to do so, executed llle foregoing instrument for the purpose therein con!J!ined by signing the mame of the corporation b'f.hlmself as ' its duly authoriZed officer_ In wftness whereof, I hereunto set my hand and official seal 1IOTARY PU!lUC STA'IEOFWASHINGTON . \ , \ C' L _ LAURALSANTOS Notary Public in and for the Stale of Wasnington MY APPOIIITMENT EXPIRES«MJ5.01 Residing at Puyallup I Rob'fn l.ayng, ·Assistant Sacretary of .RELIANCE SURETY COMP,tiNY, RELIANCE INSURANCE. COMPANY, .UNITED PACIFIC INSURANCE COMP· i ANY, and RELIANCE;. NATiONAL INDEMNITY COMPANY 40 hereby certify that. the above. and foregoing Is a true an.d correct copy of llle Power of ' Aftorneyaxe<:uted by said Companies, which Is stm in full force and effect_ Asǀ ---PAGE BREAK--- WORK ORDER Address: City I State I Zip: Telephone: ( Order date: 1' 7 . . /7 Estimated delivery date: Size and type: rn C>Nif 7VFz:':.?IJI 5/p DŽ Exact copy: L)JV',fvt:JIAIG Cost: lt5 9t;:;O installation: Permit cost: Subtotal: Total: Less deposit: Balance: Terms: (208) 882-5109 985 Compton Court Moscow, Idaho 83843 / J tl ---PAGE BREAK--- • TRUCKINSURANCE EXCHANGE FARMERS INSURANCE EXCHANGE U MID-CENTURY INSURANCE COMPANY MEMBERS OF THE FARMERS INSURANCE GROUP OF COMPANIES HOME OFFICE: 4680 WILSHIRE BLVD., LOS ANGELES, CALIFORNIA 90 010 BUSINESSOWNERS POLICY DECLARATIONS 1. Named .FRED COLE Insured .DBA COLE SIGNS Mailing .985 COMPTON CT Address .MOSCOW ID 83843 The named insured is an individual unless otherwise stated: 0 Partnership 0 Corporation 0 Joint Venture 0 Organization (Any other) Type of Business COMML PRINTING Prematic Acct. No. 75-65-332 Agent No. Prod. Count 06592-17-61 Policy Number 2. Policy Period from 0 7/ 1 8/99 (not prior to time applied for) to o 7/ 1 8/ o o 12:Q1 a.m. Standard Time If this policy replaces other coverage that ends at noon standard time of the same day this policy begins, this policy will not take effect until the other coverage ends. This policy will continue lor successive policy periods as follows: If we elect to continue this insurance, we will renew this policy if you pay the required renewal premium for each successive policy period subject to our premiums, rules and forms then in effect. 3. Insured location same as mailing address unless otherwise stated: 001 001 985 COMPTON CT MOSCOW 4. We provide insurance only for those coverages indicated by a specific limit or by an PROPERTY Prem. No. Bldg. No. Prem. No. Property Coverage limits of Insurance 001 001 Buildings $ 15,000 $ Actual Cash Value-Buildings Option (YiN) N N Automatic Increase-Building limit 0% 0% Business Personal Property $ 20,000 $ Oeductible $ 500 $ Earthquake Earthquake Oeductible ADDITIONAL COVERAGES Bldg. No. COVERAGE LOCATION ID 83843 Prem. No. Bldg. No. $ N 0% $ $ LIMITS C5356101 PAGE 1 OF 2 ---PAGE BREAK--- COVERAGE EXTENSIONS-Optional Higher Limits limits of Insurance Per Occurrence • Accounts Receivable 5,000 Valuable Papers 5,000 Off-Premises Personal Property 5,000 OPTIONAL COVERAGES: We provide insurance LIMITS OF INSURANCE DEDUCTIBLE for those Optional Coverages described below. OUTDOOR SIGNS 2,500/0CC 500 MONEY AND SECURITIES 5,000/0CC 500 EMPLOYEE DISHONESTY 5,000/0CC 500 LIABILITY AND MEDICAL PAYMENTSPiease refer to Paragraph 0.4. of the Businessowners liability Coverage Fon . LIMITS OF INSURANCE Liability $ 1,000,000 Medical Expenses $ 5,000 Per Person Tenants Liability $ 75,000 Per Occurrence Mortgage Holders Premises Number Building Numbe Mortgage Holder Name. Address. Loan Number Policy Fonms and Endorsements attached at inception: BP00020197 BP00060197 BP04170196 BP04390196 BP04550197 E3407-ED1 E6036-ED1 E0207-ED1 56-5166 IL02041293 E3027-ED1 E3309-ED1 BP04340197 E3400-ED1 BP08040197 Countersigned----,,..----- (Date) (Authorized Representative) 56·5358 5-97 BP00090197 E3401-ED1 E9117-ED1 t