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AGREEMENT FOR POET LAUREATE BETWEEN CITY OF MOSCOW, IDAHO AND TIFFANY MIDGE THIS AGREEMENT FOR POET LAUREATE BETWEEN CITY OF MOSCOW, IDAHO AND TIFFANY MIDGE, is made and entered into this .JZ.- day of May, 2015, by and between City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "City"), and Tiffany Midge, 213 South Monroe Street, Moscow, Idaho, 83843 (hereinafter "POET"). W I T N ESS E T H : WHEREAS, City wishes to expand literacy and community awareness; and WHEREAS, City wishes to honor the many writers in our community; and WHEREAS, City wishes to build upon the correlation between civic life and creativity of local artists; and WHEREAS, City desires to have a published poet to serve as a Poet Laureate; and WHEREAS, the Poet Laureate will serve a three year term; WHEREAS, CITY desires to contract with POET to fulfill the services herein mentioned; and WHEREAS, CITY intends to have POET perform various services relating to City-related events; and WHEREAS, POET agrees to perform the various services required and defined hereinbelow; NOW, THEREFORE, it is agreed, for and in consideration of the mutual covenants and promises between the parties hereto, as follows: SECTION I: POET shall perform the following services: 1. Write at least three poems per year that speak in some sense to the distinctive experience of Moscow, Idaho; such works to become the property of the CITY with credit given to Poet, and are to be published in local publications and/or presented at public occasions; 2. Give a minimum of two local readings per year at civic functions, such as the Mayor's Arts Awards, Artwalk, school and/or library events; 3. Work to raise the visibility of poetry and other literary arts within the community through outreach, education, and other programs; and 4. Provide at least one public poetry workshop per year. Such workshop may be targeted to a particular age of students or adults. AGREEMENT FOR POET LAUREATE TIFFANY MIDGE PAGE 1 Or3 2-0/5- 38 ---PAGE BREAK--- SECTION II: Independent Contractor. The contracting parties warrant by their signature that no employer/employee relationship is established between POET and CITY by the terms of this Agreement. It is understood by the parties hereto that POET is an independent contractor and as such neither it nor its employees, if any, are employees of CITY for purposes of tax, retirement system, social security (FICA) withholding. SECTION III: A. Compensation and Term. For the services performed pursuant to this Agreement, POET shall be paid an annual honorarium in a sum not to exceed six hundred dollars ($600). The term of this Agreement shall be from date of signing until June 30, 2018. B. Payment. Payment for annual honorarium by POET shall be paid the first day of July each year this Agreement is in effect. C. Non-Appropriation Notwithstanding any other provision of this Agreement, POET shall not be obligated for performance hereunder or by any provision of this Agreement unless and until CITY obtains appropriate funds for this Agreement in CITY's budget for any fiscal year. In the event that funds are not appropriated for this Agreement, then this Agreement shall terminate immediately. SECTION IV: A. Termination of Agreement. This Agreement may be terminated by POET upon thirty (30) days' written notice, should CITY fail to substantially perform in accordance with its terms through no fault of POET. CITY may terminate this Agreement upon thirty (30) days' written notice without cause and without further liability to POET except as designated by this section. B. Extent of Agreement. This Agreement may be amended only by written instrument signed by both parties hereto. C. Indemnification. POET waives any and all claims and recourse against CITY, including the right of contribµtion for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to POET'S performance of this Agreement, except for liability arising out of the sole negligence of CITY or its officers, agents, or employees. Further, POET shall indemnify, hold harmless, and defend CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of POET'S performance of this Agreement, except for liability arising out of the sole negligence of CITY or its officers, agents, or employees. If CITY is determined to be solely negligent by a final decision in a court of law and such sole negligence by CITY directly results in judgment(s), costs, and/or expenses to POET, then CITY AGREEMENT FOR POET LAUREATE TIFFANY MIDGE PAGE20F3 ---PAGE BREAK--- shall reimburse POET for the portion of such judgment(s), costs and/or expenses attributed to CITY as a result of such determination of CITY'S sole negligence. D. Jurisdiction 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 of Idaho, in and for the County of Latah. E. CITY'S Representatives. CITY's representative is Kathleen Bums, Arts Director, who is authorized to act in behalf of CITY. The authorized representative shall examine the work as necessary, and shall render decisions related thereto in a timely manner so as to avoid unreasonable delays. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date indicated above. POET CITY Tiffany Midge City of Moscow, Idaho B¡j ¢ VYU Tiffa11Y1dge (208) 301-7696 STATE OF IDAHO ) ) ss: County of Latah ) Bill Lambert, Mayor ATTEST: On this day of ffl . 2015, before me, the undersigned, a Notary in and for said State, personally appearedffany Midge, known to me to be the person whose name is subscribed to the foregoing Agreement and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. D 0 "'I9 Notary PubUc for the State of Idaho 7 . . '8 , - \ 8 0 / 0 Residing at §i t;.J § Q / ;OT.i1\9J. \ l My commission expires: tf . !.49 . - . . ; \ :auc I : , cP··. 7 . 6 1 > AGREEMEN'I '69 t) A · TIFFANY Mmatf 1111 II I I PAGE 3 OF 3