Independent Contractor - 2024 - Santa Acting Services - 10/22/2024CITY OF EAGLE
PARKS AND RECREATION DEPARTMENT
Agreement for Independent Contract
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This Agreement ("Agreement") is entered into this f 1/ day of 6 alb kt- 2024, by
and between the City of Eagle, an Idaho municipal corporation ("City") and Ed Bellante, an
individual. The City and Ed Bellante are sometimes collectively referred to herein as the "Parties."
RECITALS
WHEREAS, the City desires to contract for acting services to perform as Santa to be
conducted during events at Eagle City Hall, 660 E. Civic Lane, Eagle, Idaho 83616; and
WHEREAS, Ed Bellante possess qualifications, skills, and the experience necessary to
provide services for the City;
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: Ed Bellante will provide the Santa performances at the dates and times
identified in Exhibit A, attached hereto, and incorporated herein.
3. Compensation: Ed Bellante shall be paid for actual services rendered at an amount
not to exceed ONE THOUSAND SIX HUNDRED FIFTY DOLLARS AND ZERO CENTS
($1,650.00) as identified in Exhibit B.
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, props, 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, Talent agrees
to a criminal background check. All criminal background checks are currently being performed
Reviewed by Legal — 10/7/2024
by the Idaho State Police. All background check fingerprint cards will be obtained at the City
Clerk's Office. It is the responsibility of the contractor to be fingerprinted at the Idaho State Police
office in Meridian, Idaho. Contractors are responsible for fingerprint 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
card fee, and cost of background check conducted by Idaho State Police.
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.
Reviewed by Legal — 10/7/2024
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:
Attn: Joshua Herker
660 East Civic Lane
P.O. Box 1520
Eagle, ID 83616
Contact phone: 208-489-8759
Contact e-mail: jherker@cityofeagle.org
Service Provider:
Ed Bellante
48 Riverview St.
Eagle, Idaho 83616
(951) 313-4603
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. Attornev'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.
Reviewed by Legal — 10/7/2024
21. 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.
22. 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:
Brad Pike, Mayor -'y Ed Bellante
ATTEST:
Tracy E. rn, City Clerk
Reviewed by Legal — 10/7/2024
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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:
Brad Pike, Mayor
ATTEST:
Tracy E. Osborn, City Clerk
Santa:
Ed a lante
EXHIBIT A
SCOPE OF SERVICES
• Ed Bellante shall perform for the following agreed upon events at their required dates,
times, and locations of activities.
o Eagle Country Christmas
• Location
• Eagle City Hall (660 E Civic Ln, Eagle, ID 83616)
• Dates of Events
• December 7`, 2024 from 6:00 PM — 8:00 PM
o Outdoors on City Campus
• December 9th, 2024 from 5:00 PM — 8:00 PM
o Indoors in Community Hall
• December 10th, 2024 from 5:00 PM — 8:00 PM
o Indoors in Community Hall
• December 11t, 2024 from 5:00 PM — 8:00 PM
o Indoors in Community Hall
• December 14th, 2024 from 12:00 PM — 5:00 PM
o Indoors in Community Hall
• Ed Bellante will allocate time for proper set-up and tear -down of all needed supplies and
equipment to properly perform agreed upon services.
Reviewed by Legal — 10/7/2024
EXHIBIT B
COMPENSATION
• Ed Bellante shall be compensated for the following event
o Eagle Country Christmas
• December 7th
• $250
• December 9th
• $300
• December 10th
• $300
• December 11 th
• $300
• December 14th
• $500
• Ed Bellante shall be compensated at a total of $1,650.00 in one payment for all services
listed.
Reviewed by Legal — 10/7/2024