Independent Contractor - 2023 - Audio Technician Services - Country Christmas - 9/12/2023 CITY OF EAGLE
PARKS AND RECREATION DEPARTMENT
Agreement for Independent Contract
This Agreement("Agreement") is entered into this M day of 3e442iiigi2023, by
and between the City of Eagle, an Idaho municipal corporation ("City") and Committed
Caseworks and Events,LLC,an independent company(Audio Technician). The City and Audio
Technician are sometimes collectively referred to herein as the "Parties."
RECITALS
WHEREAS,the City desires to contract for Audio Technician Services to be conducted
during the Eagle Country Christmas event at Heritage Park 185 E State St Eagle, Idaho 83616;
and
WHEREAS,Audio Technician 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 Audio Technician shall also provide the following musical
performance services:
• Place of Engagement: Eagle Country Christmas located at Heritage Park
185 E State St Eagle, Idaho 83616
• Date of Performance: December 2,2023
• Time of Performance: 1:00 p.m.to 6:00 p.m.
3. Compensation: The Audio Technician shall be paid for actual services rendered
at a rate of$900/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 Audio Technician. However,
should other services be needed by the Audio Technician,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, Audio
Technician shall supply, at Audio Technician's sole expense, all technical systems including, but
not limited to,sound equipment,mics,stands,sound tools,materials,and/or supplies to accomplish
the services to be provided under this Agreement.
6. Payment: The Audio Technician 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 Audio Technician's fee cannot be made until a
copy of Audio Technician's W-9 is provided to the City.
7. Taxes: The Audio Technician 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 Audio Technician arising from compensation provided under this Agreement.
As such the Audio Technician 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. Audio Technician agrees that the City may use Audio
Technician'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
Audio Technician.
9. Independent Contractor: At all times during the term of this Agreement, Audio
Technician shall be an independent contractor and shall not be an employee of the City. City shall
have the right to control Audio Technician only insofar as the results of Audio Technician's
services rendered pursuant to this Agreement. City shall not have the right to control the means
and methods by which Audio Technician accomplishes services rendered hereunder. Audio
Technician shall indemnify the City against any liability arising out of an allegation or finding that
Audio Technician is not a contractor. Audio Technician is not entitled to employee benefit
programs or any protection afforded employees of the City of Eagle. Audio Technician 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 Audio Technician
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. Audio Technician Not Agent: Except as City may specify in writing, Audio
Technician shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent. Audio Technician shall have no authority, express or implied, pursuant
to this Agreement,to bind City to any obligation whatsoever.
11. Nondiscrimination: Audio Technician 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 Audio Technician is providing services under this Agreement.
12. Indemnification: Audio Technician 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: AUDIO TECHNICIAN:
Attn: Brian Allen Name: Committed Caseworks and Events,LLC
660 East Civic Lane Address: 200 N Summerwind Dr
P.O. Box 1520 Nampa, ID 83651
Eagle, ID 83616 Contact phone number: 208-371-4220
Contact phone: 208-489-8784 Contact Email: committedevents@hotmail.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 Audio Technician 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: AUDI H ICIAN:
J n icrce,Mayor (Rob Baker)
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EXHIBIT A
(AUDIO TECHNICIAN Performance Services)
• Audio Technician shall perform from 1:00PM—6:00PM with time allocated by Audio
Technician for proper set-up and tear-down of all needed supplies and equipment to
properly perform agreed upon services.
• Audio Technician shall supply all audio equipment needed to properly perform agreed
upon services.