Independent Contractor - 2022 - Country Christmas - Ed Bellante - 12/12/2022 CITY OF EAGLE
PARKS AND RECREATION DEPARTMENT
Agreement for Independent Contract
This Agreement("Agreement") is entered into this )2__ day of, .. et 2022, by
and between the City of Eagle,an Idaho municipal corporation("City")and Ed Bellante,a private
entity providing services as Santa. The City and Ed Bellante are sometimes collectively referred
to herein as the "Parties."
RECITALS
WHEREAS, the City desires to contract for Santa Services to be conducted during event
at Heritage Park, 185 E State St Eagle, Idaho 83616; and
WHEREAS, Ed Bellante possess qualifications, skills, and the experience necessary to
provide services for the City;
AGREEMENT
NOW THEREFORE, and in consideration of the mutual promises contained herein, the
Parties agree to the following:
1. Incorporation of Recitals: The above Recitals are a material part of this
Agreement and are incorporated into the Services of this Agreement by reference as though they
were fully set forth herein.
2. Services: In addition to the services identified in Exhibit A, attached hereto, and
incorporated herein(if applicable), Ed Bellante shall also provide the following services:
• Place of Engagement: Event at Heritage Park, 185 E State St Eagle, Idaho
83616
• Time of Performance: 1:00 p.m. to 6:00 p.m.
3. Compensation: Ed Bellante shall be paid for actual services rendered at a rate of
$300 for specified event identified in services.
4. Additional Expenses: Usual and customary office expenses, as well as mileage
compensation, shall not be considered for reimbursement to Ed Bellante. However, should other
services be needed by the Ed Bellante, prior written approval must be obtained by the City, for
said expenses to be available for reimbursement.
5. Equipment, Materials, Supplies: Unless otherwise agreed to in writing, Ed
Bellante shall supply, at Ed Bellante sole expense, all equipment including, but not limited to,
costume, sleigh, and necessary equipment and/or supplies to accomplish the services to be
provided under this Agreement.
6. Payment: Ed Bellante shall submit an invoice for payment to Eagle City Hall,
P.O.Box 1520,Eagle,Idaho 83616. The invoice shall provide a detailed statement of the services
provided, and hours needed for the services. Payment shall be made within fifteen (15) business
days of receipt invoice. Payment of Ed Bellante fee cannot be made until a copy of their W-9 is
provided to the City
7. Taxes: Ed Bellante assumes full and sole responsibility for payment of state and
federal income tax, withholdings, social security, and other payroll taxes on any income
attributable to Ed Bellante arising from compensation provided under this Agreement. As such Ed
Bellante shall be required to submit a completed W-9 at time of contract execution.
8. Promotion and Production: The City shall be responsible for all matters
pertaining to the promotion and production of the scheduled performance including but not limited
to: venue rentals; security; and advertising. Ed Bellante agrees that the City may use their name,
pictures, photographs, and other likenesses in connection with advertising and publicizing the
engagement(s)hereunder,but such use shall not be without the prior approval of Ed Bellante
9. Independent Contractor: At all times during the term of this Agreement, Ed
Bellante shall be an independent contractor and shall not be an employee of the City. City shall
have the right to control Ed Bellante only insofar as the results of their services rendered pursuant
to this Agreement. City shall not have the right to control the means and methods by which Ed
Bellante accomplishes services rendered hereunder. Ed Bellante shall indemnify the City against
any liability arising out of an allegation or finding that they are not a contractor. Ed Bellante is
not entitled to employee benefit programs or any protection afforded employees of the City of
Eagle. Ed Bellante is not prohibited from providing the same services for other businesses at any
time except times which would present a conflict in providing City services under this Agreement.
Ed Bellante will be solely responsible for payment of all federal and state taxes, will not be an
employee of the City for worker's compensation or any other purposes, and will not have
unemployment insurance benefits.
10. Service Not Agent: Except as City may specify in writing,Ed Bellante shall have
no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Ed Bellante shall have no authority, express or implied, pursuant to this Agreement, to bind City
to any obligation whatsoever.
11. Nondiscrimination: Ed Bellante agrees not to discriminate against any person
because of race,color,religion,sex,national origin,age,disability,or marital status in any activity
for which they are providing services under this Agreement.
12. Indemnification: Ed Bellante agrees to indemnify and save and hold harmless
City from and for any and all losses, claims, actions,judgment for damages, or injury to persons
or property and losses and expenses and other costs including litigation costs and attorney's fees,
arising out of, resulting from, or in connection with the performance of this Agreement.
13. Notice: Communication between the Parties regarding day-to-day matters shall
occur via e-mail or telephone. For Clarification on or direction regarding day-to-day matters,the
point of contact for the City shall be Special Events Coordinator,Joshua Herker. All other notices
required to be given by either of the Parties shall be in writing and be deemed communicated when
personally served, or mailed in the United States mail, addressed as follows:
CITY OF EAGLE: Service Provider:
Attn: Brian Allen Name: Ed Bellante
660 East Civic Lane Address: 48 Riverview St.
P.O. Box 1520 Eagle, Idaho 83616
Eagle, ID 83616
Contact phone: 208-489-8784 Contact phone number: 951-313-4603
Contact e-mail: ballen@cityofeagle.org Contact Email: santaed1964@gmail.com
14. Compliance with Laws: Each party shall comply with all applicable Federal,
State, and local laws and regulations.
15. Assignment: This Agreement may not be assigned or delegated by either party
without prior written consent of the other party.
16. Attorney's Fees: The prevailing party in any claims or disputes arising out of this
Agreement shall be entitled to recover reasonable attorney's fees in addition to other relief which
a court of competent jurisdiction may award.
17. Entire Agreement: This Agreement constitutes the entire agreement between
the Parties relative to the subject matter hereof. Statements or representations of any kind not
embodied herein shall be of no force or effect. This Agreement may only be modified in writing.
18. Governing Law: This Agreement will be construed in accordance with the laws
of the State of Idaho.
19. Heirs and Assigns: This Agreement and the terms and conditions hereof shall
apply to and are binding upon the heirs,executors,administrators and assigns of the parties hereto.
20. Severability: If any part of this Agreement is held to be invalid or unenforceable,
such holding will not affect the validity or enforceability of any other part of this Agreement so
long as the remainder of the Agreement is reasonably capable of completion.
21. Approval: The City and Ed Bellante each acknowledge that this Agreement,even
though agreed upon by the City's representatives, is not binding upon the City until such time as
the Eagle City Council approves this Agreement and authorizes the Mayor to execute this
Agreement on behalf of the City.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date
first above written.
CITY OF EAGLE: Santa:
Jason Pierce, Mayor (Ed Bellante)
ATTEST:
Tracy E. Osborn, City Clerk
EXHIBIT A
(Ed Bellante Performance Services)
• Services shall be perform from 1:00pm—6:00pm with time allocated by Ed Bellante for
proper set-up and tear-down of all needed supplies and equipment to properly perform
agreed upon services.
• Two 15-minute breaks will be given for Ed Bellante if he sees the need to use those
breaks.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date
first above written.
CITY OF EAGLE: Santa:
Ja • ' erce, Mayor (Ed eBe ante)
,,,��� „*,u,S,,,
AT EST:
Aidi E %
Tracy E. Os ., City Clerk: 0 • a. Q' 2
: �; a I W }•LLB
EXHIBIT A
(Ed Bellante Performance Services)
• Services shall be perform from 1:00pm—6:00pm with time allocated by Ed Bellante for
proper set-up and tear-down of all needed supplies and equipment to properly perform
agreed upon services.
• Two 15-minute breaks will be given for Ed Bellante if he sees the need to that those
breaks.
OF Mt, CITY OF EAGLE
�;t t VOLUNTEER/ INTERN RELEASE OF
LIABILITY CONTRACT
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Volunteer/Intern Information
Volunteer/Intern
Name: iy(1� Date IC,- RZ r)
Date of Birth: j7- t/ Position: jq,i Ito
Authorization and Waiver
The undersigned volunteer/intern ("Volunteer/Intern"), in consideration for permission to
participate as a volunteer/intern for the City of Eagle ("City"), and in recognition of personal
benefit from such program, the sufficiency of such consideration is acknowledged, hereby
acknowledges and agrees to the following:
1. Volunteer/Intern Relationship. Volunteer/Intern has expressed an interest in providing
services, as needed, to the City on a voluntary/intern basis. This Contract will apply to all
events or activities at which the City permits Volunteer/Intern to provide voluntary/intern
services. Volunteer/Intern hereby acknowledges Volunteer/Intern's desire to
volunteer/intern services to the City of Eagle. Volunteer/Intern understands and agrees
that as a volunteer/intern, Volunteer/Intern is not an employee, partner, agent,
representative or contractor of the City under federal, state and/or local law or regulations.
Volunteer/Intern also understands and agrees that because Volunteer/Intern is donating
services to the City for educational and/ or altruistic reasons: (i) Volunteer/Intern has no
expectation of any compensation, pay, fee or benefits for the services provided by
Volunteer/Intern; (ii) Volunteer/Intern is not entitled to wages or employee benefits to which
City employees are entitled; (iii) the City has not promised Volunteer/Intern any
compensation for service as a volunteer/intern; and (iv) the City has not promised or
suggested that Volunteer/Intern will receive any employment opportunities, or greater
consideration for any future employment opportunities, as a result of the volunteer/intern
service.
2. Waiver of Liability and Release. Volunteer/Intern agrees to hold the City of Eagle, a
political subdivision of the State of Idaho, and any and all directors, officers, employees,
volunteers, agents, administrators, insurers and any elected or appointed officials of said
City, individuals or entities affiliated with such persons and/ or entities, from any and all
civil liability or any and all forms of injury which may arise as a result of Volunteer/Intern's
participation in such program. Volunteer/Intern assumes all risks of injury, including death,
to Volunteer/Intern's person and property, arising from service as a City volunteer/intern
Volunteer Release of Liability Contract
Page 1 of 2
the use of provided facilities and equipment, as well as participation in all activities.
3. Rules, Policies, and Regulations. Volunteer/Intern further agrees that Volunteer/Intern has
seen, read and understands the City's rules, policies, and regulations, as contained in the
2019 City of Eagle Volunteer and Intern Policy, applicable to each activity covered
hereunder and agrees to abide by said rules and regulations.
Signature and Acknowledgement of Waiver
Volunteer/Intern certifies that Volunteer/Intern has read the foregoing contract and understands that the
terms of this agreement are contractually and legally binding and that no verbal statement to the contrary, by
any person or entity, can void or alter the terms of this contract. Further, Volunteer/Intern has reviewed and
understands this document and by signing this form, Volunteer/Intern confirms that Volunteer/Intern
understands the intent and purpose of this waiver.
. ,f 16-28-22.
Volunteer/Intern Signature Date
Supervisor Signature Date
Volunteer Release of Liability Contract
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