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Independent Contractor - 2023 - Ed Bellante - Santa For Country Christmas - 11/14/2023 CITY OF EAGLE PARKS AND RECREATION DEPARTMENT Agreement for Independent Contract This Agreement("Agreement") is entered into this 14 day of NO' (V4\7I1' 2023, 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; 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; and AGREEMENT NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and Instructor agree as follows: 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 • Date of Performance: December 2, 2023 • 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 $350 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. Criminal Background Check: As a condition of this Agreement, Instructor agrees to a criminal background check. Contractors are responsible for background checks for any of his/her employees or volunteers working/volunteering under Contractor's authority. Services to be performed by Contractor(or employees/volunteers) under this Agreement shall not begin until approved background checks are received by the City. Criminal background checks are required to be conducted every 12 months. Contractor is responsible for paying the fingerprint fee,and cost of background check. 7. 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 8. 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. 9. 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 10. 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. 11. 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. 12. 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. 13. 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. 14. 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: Ed Bellante 660 East Civic Lane Address: 48 Riverview St. P.O. Box 1520 Eagle, Idaho 83616 Eagle, ID 83616 Contact phone: 208-489-8759 Contact phone number: 951-313-4603 Contact e-mail:jherker@cityofeagle.org Contact Email: santaed1964@gmail.com 15. Compliance with Laws: Each party shall comply with all applicable Federal, State, and local laws and regulations. 16. Assignment: This Agreement may not be assigned or delegated by either party without prior written consent of the other party. 17. 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. 18. 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. 19. Governing Law: This Agreement will be construed in accordance with the laws of the State of Idaho. 20. 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. 21. Statory Certifications: In accordance with Idaho Code Section 67-2359 Ed Bellante (company) 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. 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. 23. 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: Ja n fierce, Mayor (Ed Bellante) ATTEST: Trac E. Osborn, City Clerk 18. 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. 19. Governing Law: This Agreement will be construed in accordance with the laws of the State of Idaho. 20. 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. 21. Statory Certifications: In accordance with Idaho Code Section 67-2359 Ed Bellante (company)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. 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. 23. 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.