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Independent Contractor - 2023 - Everafter Enchantments, LLC - 2/14/2023 CITY OF EAGLE PARKS AND RECREATION DEPARTMENT Agreement for Independent Contract ENTERTAINER This Agreement("Agreement") is entered into this Iq day of k4lwaw 2023, by and between the City of Eagle, an Idaho municipal corporation ("City") and tverAfter Enchantments LLC, an Idaho Limited Liability Company ("ENTERTAINER"). The City and ENTERTAINER are sometimes collectively referred to herein as the "Parties." RECITALS WHEREAS,the City desires to contract for ENTERTAINER Services to be conducted during the Daddy Daughter Dance event at the Eagle Academy Gymnasium; and WHEREAS, ENTERTAINER 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), the ENTERTAINER shall also provide the following entertainment services: • Place of Engagement: Eagle Academy Gymnasium • Date of Performance: February 18a', 2023 • Time of Performance: 6:15 p.m. to 7:45 p.m. 3. Compensation: The ENTERTAINER shall be paid for actual services rendered at a rate of$200 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 the ENTERTAINER. However, should other services be needed by the ENTERTAINER, 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, ENTERTAINER shall supply, at ENTERTAINER's sole expense, all needed supplies including, but not limited to, costumes, props, materials, and/or supplies to accomplish the services to be provided under this Agreement. 6. Payment: The ENTERTAINER 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 ENTERTAINER's fee cannot be made until a copy of ENTERTAINER's W-9 is provided to the City 7. Taxes: The ENTERTAINER 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 the ENTERTAINER arising from compensation provided under this Agreement. As such the ENTERTAINER 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. ENTERTAINER agrees that the City may use ENTERTAINER's 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 ENTERTAINER. 9. Independent Contractor: At all times during the term of this Agreement, ENTERTAINER shall be an independent contractor and shall not be an employee of the City. City shall have the right to control ENTERTAINER only insofar as the results of ENTERTAINER's services rendered pursuant to this Agreement. City shall not have the right to control the means and methods by which ENTERTAINER accomplishes services rendered hereunder. ENTERTAINER shall indemnify the City against any liability arising out of an allegation or finding that ENTERTAINER is not a contractor. ENTERTAINER is not entitled to employee benefit programs or any protection afforded employees of the City of Eagle. ENTERTAINER 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. The ENTERTAINER 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. ENTERTAINER Not Agent: Except as City may specify in writing, ENTERTAINER shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. ENTERTAINER shall have no authority, express or implied, pursuant to this Agreement, to bind City to any obligation whatsoever. 11. Nondiscrimination: ENTERTAINER 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 ENTERTAINER is providing services under this Agreement. 12. Indemnification: ENTERTAINER 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 Recreation 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: EverAfter Enchatment LLC: Attn: Brian Allen Name: Carla Lewis 660 East Civic Lane Address: P.O. Box 1520 Eagle, ID 83616 Contact phone number: 208-515-2130 Contact phone: 208-489-8784 Contact Email: everafterenchantments@gmail.com Contact e-mail: ballen@cityofeagle.org 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 ENTERTAINER 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: EverAfter Enchantments LLC: Carla Lewis JffsojPierce,Mayor (Carla Lewis) AT EST: LE���.•��......,,,�� o�•��PG •. ' p,T 6'•. • Q • Tracy E. Wbom, City Clerk- EXHIBIT A (ENTERTAINER Performance Services) • Entertainers shall perform from 6:15pm—7:45pm with time allocated by EverAfter Enchantments LLC for proper set-up and tear-down of all needed supplies and equipment to properly perform agreed upon services.