Independent Contractor - 2023 - Owyhee Express Carriage Co., LLC - Country Christmas - 12/2/2023 CITY OF EAGLE
PARKS AND RECREATION DEPARTMENT
Independent Contractor Agreement
This Independent Contractor Agreement ("Agreement") is entered into this VA day of
tkloluMbef. 2023, by and between the City of Eagle, an Idaho municipal corporation ("City")
and Owyhee Express Carriage Co., LLC ("Owyhee Express Carriage Co.") an Idaho limited
liability company. The City and Owyhee Express Carriage Co.are sometimes collectively referred
to herein as the "Parties."
RECITALS
WHEREAS,the City desires to contract for Horse Carriage Services to be conducted
during the Eagle Country Christmas event at Heritage Park, 185 E State St Eagle, Idaho 83616;
and
WHEREAS, Owyhee Express Carriage Co. possess qualifications, skills, and the
experience necessary to provide services for the City; and
WHEREAS, the Idaho Legislature during its 2023 legislative session passed an act,
codified at Idaho Code § 67-2359, requiring public entities of the State of Idaho to include in
certain contracts for services(including any renewals of such contracts)a written certification that
the Vendor/Contractor is not currently owned or operated by the government of China and will not
for the duration of the contract be owned or operated by the government of China.
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), Owyhee Express Carriage Co. shall also provide the following
services:
• Place of Engagement: Eagle Country Christmas event at Heritage Park,
185 E State St Eagle, Idaho 83616
• Date of Performance: December 2, 2023
• Time of Performance: 1:00 p.m. to 5:00 p.m.
3. Compensation: Owyhee Express Carriage Co. shall be paid for actual services
rendered at a rate of$850 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 Owyhee Express Carriage Co.
However, should other services be needed by the Owyhee Express Carriage Co., 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, Owyhee
Express Carriage Co. shall supply, at Owyhee Express Carriage Co. sole expense, all equipment
including,but not limited to, horse,carriage, materials, and/or supplies to accomplish the services
to be provided under this Agreement.
6. Payment: Owyhee Express Carriage Co. 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 Owyhee Express Carriage Co. fee
cannot be made until a copy of their W-9 is provided to the City
7. Taxes: Owyhee Express Carriage Co. 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 Owyhee Express Carriage Co. arising from compensation provided
under this Agreement. As such Owyhee Express Carriage Co. 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. Owyhee Express Carriage Co.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
Owyhee Express Carriage Co.
9. Independent Contractor: At all times during the term of this Agreement,Owyhee
Express Carriage Co. shall be an independent contractor and shall not be an employee of the City.
City shall have the right to control Owyhee Express Carriage Co.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 Owyhee Express Carriage Co. accomplishes services rendered hereunder.
Owyhee Express Carriage Co. shall indemnify the City against any liability arising out of an
allegation or finding that they are not a contractor. Owyhee Express Carriage Co. is not entitled
to employee benefit programs or any protection afforded employees of the City of Eagle. Owyhee
Express Carriage Co. 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. Owyhee Express Carriage Co. 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, Owyhee Express
Carriage Co. shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent. Owyhee Express Carriage Co. shall have no authority,express or implied,
pursuant to this Agreement,to bind City to any obligation whatsoever.
11. Nondiscrimination: Owyhee Express Carriage Co. 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: Owyhee Express Carriage Co. 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: Joshua Herker Name: Owyhee Express Carriage Co.
660 East Civic Lane Address:
P.O. Box 1520
Eagle, ID 83616 Contact phone number:
Contact phone: 208-489-8759 Contact Email: mjbeavers@,frontiernet.net
Contact e-mail:jherker@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. Statutory Certifications: In accordance with Idaho Code Section 67-2359
Owyhee Express Carriage Co.hereby certifies that it is not owned or operated by the Government
of China,as defined in said code section,and that during the Term of this Agreement it will not be
owned or operated by the Government of China
22. AnDroval: The City and Owyhee Express Carriage Co.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: Owyhee Express Carriage Co.,LLC:
k .140 AtOZA,42.4A
Jason Pierce,Mayor (Name)
ATTEST:
Tracy E. Osborn,City Clerk
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. Statutory Certifications: In accordance with Idaho Code Section 67-2359
Owyhee Express Carriage Co. hereby certifies that it is not owned or operated by the Government
of China,as defined in said code section, and that during the Term of this Agreement it will not be
owned or operated by the Government of China
22. Approval: The City and Owyhee Express Carriage Co.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: Owyhee Express Carriage Co.,LLC:
Jason ierce, Mayor (Name)
A. TEST:
Afti
-fur
Tra' E. Os orn, City Clerk
EXHIBIT A
(Owyhee Express Carriage Co. Performance Services)
• Services shall be perform from 1:00pm—5:00pm with time allocated by Owyhee Express
Carriage Co. for proper set-up and tear-down of all needed supplies and equipment to
properly perform agreed upon services.
• Owyhee Express Carriage Co. will have one (15) minute break while they are providing
services from 1:00pm—5:00pm