Independent Contractor - 2023 - DJ Ray - DJ Services - Eagle Fun Days Car Show - 5/23/2023 CITY OF EAGLE
PARKS AND RECREATION DEPARTMENT
Agreement for Independent Contract
This Agreement("Agreement") is entered into this�day of 2023, by
and between the City of Eagle, an Idaho municipal corporation ("City") an DJ Ray, an
independent company (DJ). The City and DJ are sometimes collectively referred to herein as the
"Parties."
RECITALS
WHEREAS,the City desires to contract for DJ Services to be conducted during the Eagle
Fun Days Car Show event at 350 E State St, Eagle, ID 83616; and
WHEREAS, DJ 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 DJ shall also provide the following musical performance
services:
• Place of Engagement: Eagle Fun Days Car Show(350 E State St, Eagle,
ID 83616)
• Date of Performance: July 8, 2023
• Time of Performance: 12:OOPM—3:OOPM.
3. Compensation: The DJ shall be paid for actual services rendered at a rate of
$350/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 DJ. However, should other
services be needed by the DJ,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, DJ shall
supply, at DJ's sole expense, all technical systems including,but not limited to, sound equipment,
speakers, mics, stands, sound tools, materials, and/or supplies to accomplish the services to be
provided under this Agreement.
6. Payment: The DJ 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 DJ's fee cannot be made until a copy of DJ's W-9 is provided
to the City.
7. Taxes: The DJ 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
DJ arising from compensation provided under this Agreement. As such the DJ 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. DJ agrees that the City may use DJ'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 DJ.
9. Independent Contractor: At all times during the term of this Agreement,DJ shall
be an independent contractor and shall not be an employee of the City. City shall have the right
to control DJ only insofar as the results of DJ's services rendered pursuant to this Agreement. City
shall not have the right to control the means and methods by which DJ accomplishes services
rendered hereunder. DJ shall indemnify the City against any liability arising out of an allegation
or finding that DJ is not a contractor. DJ is not entitled to employee benefit programs or any
protection afforded employees of the City of Eagle. DJ 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 DJ 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. DJ Not Agent: Except as City may specify in writing, DJ shall have no authority,
express or implied,to act on behalf of City in any capacity whatsoever as an agent. DJ shall have
no authority, express or implied, pursuant to this Agreement, to bind City to any obligation
whatsoever.
11. Nondiscrimination: DJ 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
DJ is providing services under this Agreement.
12. Indemnification: DJ 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: DJ:
Attn: Brian Allen Name: Raymond Davies
660 East Civic Lane Address:
P.O. Box 1520
Eagle, ID 83616 Contact phone number:
Contact phone: 208-489-8784 Contact Email: raymrdj@yahoo.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 parry 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 DJ 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: DJ:
Jason ier e, Mayor (Raymond Davies)
A TEST:
Tracy E. s orn, City Cle 1P s
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: DJ:
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Jason Pierce, Mayor (Raymond Davies)
ATTEST:
Tracy E. Osborn, City Clerk
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EXHIBIT A
(DJ Performance Services)
• DJ shall perform from 12:OOPM—3:OOPM at the Car Show for Eagle Fun Days with time
allocated by DJ for proper set-up and tear-down of all needed supplies and equipment to
properly perform agreed upon services.
• DJ shall supply all audio equipment needed to properly perform agreed upon services.