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Independent Contractor - 2025 - Sawtooth Reindeer - One Team (2 Reindeer) & Holiday Display - 11/17/2025 CITY OF EAGLE Independent Contractor Agreement This Agreement is entered into this ►l day of l oitmbc.Y 2025, by and between the CITY OF EAGLE, an Idaho municipal corporation ("City") and Sumpter Ranch LLC, an Idaho limited liability company doing business as Sawtooth Reindeer("Contractor"),whose address is 154 Little Wood Reservoir Road, Carey, Idaho 83320. City and Contractor are sometimes collectively referred to herein as the "Parties." RECITALS WHEREAS, City desires to contract for one team (2 reindeer) and a holiday display for Eagle County Christmas; WHEREAS,Contractor shall provide one team(2 reindeer)and a holiday display for Eagle Country Christmas; 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 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 Contractor 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: Contractor shall provide the services described on Exhibit A attached hereto and incorporated herein by this reference. Contractor shall provide appropriate supplies, materials and equipment to adequately carry out its service(s). Contractor shall perform the services and work under this Agreement in a timely manner in accordance with the dates and times set forth in Exhibit A. 3. Term; Renewal; AND Termination: This Agreement shall be for a 1-day term, and any event detail changes must be communicated to Contractor in writing at least 7 days before the date of the event. This Agreement may be renewed, annually if agreed to by the Contractor and City Council. The City reserves the right not to renew this Agreement for any reason. Either party shall have the right to terminate this Agreement at any time by giving thirty (30) days written notice of such termination. The City may terminate this Agreement immediately upon any breach of performance specified in this Agreement by the Contractor or any violation of State, Federal or local law. Notwithstanding any provision of this Agreement, Contractor shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Page 1 of 5 Contractor, and City may withhold any payments to Contractor for the purposes of set-off until such time as the exact amount of damages due City from Contractor is determined. This provision shall survive the termination of this Agreement and shall not relieve Contractor of liability to City for damages. 4. Compensation: The City shall pay Contractor for actual services rendered under this Agreement at an amount not to exceed THREE THOUSAND ONE HUNDRED EIGHTEEN DOLLARS AND ZERO CENTS ($3,118.00). 5. Payment: The Contractor shall submit an invoice for payment to Eagle City Hall, P.O Box 1520, Eagle, Idaho 83616. Payment of Contractor's invoice cannot be made until a copy of Contractor's W-9 is provided to the City. Payment shall be made within thirty (30) days of receipt invoice. Should the 30th day fall on a weekend, the payment shall be due the following Monday. 6. Independent Contractor: At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the means and methods by which Contractor accomplishes services rendered hereunder. Contractor shall indemnify the City against any liability arising out of an allegation or finding that Contractor is not an independent contractor. Contractor is not entitled to employee benefit programs or any protection afforded employees of the City of Eagle. Contractor 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. As a self-employed person, the Contractor 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. 7. Indemnification and Waiver: Contractor and each and all of Contractor's employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall, and hereby does, indemnify, save and hold harmless, release and forever discharge the City of Eagle, its officers, agents, employees and volunteers from and for any and all losses, claims, actions, judgments for damages,or injury to persons or property and losses and expenses caused or incurred by Contractor or any employee, agent, contractor, official, officer, servant, guest and/or invitee thereof, at or in its use of City property, facilities, or equipment or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. 8. Contractor not Agent: Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied,pursuant to this Agreement, to bind City to any obligation whatsoever. 9. Nondiscrimination: Contractor agrees not to discriminate against any person because of race, color, religion, sex, national origin, age, disability or marital status in any service for which Contractor is providing under this Agreement. Contractor must fully comply with the Page 2 of 5 Americans with Disabilities Act (ADA) and shall work cooperatively with the City to make reasonable modifications to policies and procedures to ensure that people with disabilities have an equal opportunity to access services. Contractors shall not impose unnecessary eligibility standards or rules that deny individuals with disabilities the opportunity to participate in services. 10. Photo Disclaimer: Contractor grants full permission to the City for use of his/her name and photographs, videos, motion picture or recordings for any publicity and promotion purposes without obligation or liability to Contractor. 11. Notice: Communication between the Parties regarding day-to-day matters (e.g., issued related to scheduling and venue) shall occur via e-mail, facsimile or telephone. 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 CONTRACTOR Attn: Recreation Department Sumpter Farms LLC DBA Sawtooth Reindeer 660 East Civic Lane Attn: P.O. Box 1520 154 Little Wood Reservoir Road. Eagle, Idaho 83616 Carey, Idaho 83220 Phone: (208) 489-8763 Phone: (208) 721-1459 Email: parks@cityofeagle.org Email: info@sawtoothreindeer.com 12. Compliance with Laws: Each party shall comply with all applicable Federal, State and local laws and regulations. 13. Non-Exclusivity: Contractor acknowledges that this Agreement is non-exclusive and that City may enter into other Independent Contractor Agreements with other Contractors to provide services for City recreation programs, activities, and events. 14. Assignment: This Agreement may not be assigned or delegated by either party without prior written consent of the other party. 15. 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. 16. Entire Agreement: This Agreement constitutes the entire agreement between the parties relative to the subject matter thereof. Statements or representations of any kind not embodied herein shall be of no force or effect. This Agreement may only be modified in writing. 17. Governing Law: This Agreement will be construed in accordance with the laws of the State of Idaho. 18. 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. Page 3 of 5 19. Statutory Certifications: In accordance with Idaho Code § 67-2359 Sumpter Ranch LLC DBA Sawtooth Reindeer 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. 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 Contractor each acknowledge that this Agreement, even though agreed upon by the City's representatives, is not binding upon 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. The representative of Contractor represents that he/she is authorized to enter into this Agreement on behalf of Contractor. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF EAGLE: CONTRACTOR: Bra ike, Mayor Sumpter Ranch LLC DBA Sawtooth Reindeer A EST: CAA_ o - r)I Tracy E. born, City Clerk • • • Page 4 of 5 19. Statutory Certifications: In accordance with Idaho Code § 67-2359 Sumpter Ranch LLC DBA Sawtooth Reindeer 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. 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 Contractor each acknowledge that this Agreement, even though agreed upon by the City's representatives, is not binding upon 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. The representative of Contractor represents that he/she is authorized to enter into this Agreement on behalf of Contractor. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date first above written. CITY OF EAGLE: CO • CT R: .411 Asa /..//( Br ike,Mayor ��i r h LLC D A • ooth •ee A - EST: > or � Tracy E. !lborn, City Clerk „•t, m! • SL L . ; ntu-*4 • Page 4 of 5 EXHIBIT A SCOPE OF SERVICES I. Event: Eagle Country Christmas Location: Eagle City Hall 660 E. Civic Lane, Eagle, ID 83616 Date: December 6, 2025 Time: 4:00 PM— 8:00 PM II. Sawtooth Reindeer will provide the following: • 10X10 ft. display pen with flooring to maintain cleanliness of the location as well as for the safety of the two reindeer. • A minimum of two reindeer for display only. • A secondary perimeter fence to maintain crowds at a safe distance to ensure the safety of the reindeer and minimize exposure to outside contact. • Water for reindeer. • Food (if applicable) for reindeer. • Two reindeer handlers. • Agricultural and/or holiday displays. • Staff to provide a short educational talk and answer any questions. III. To ensure a safe entry and exit for Sawtooth Reindeer vehicles, staff, and animals to and from the event, the city will provide: • A trailer parking area that is free from crowds and 100 ft. or less from the display pen. If additional distance is required a fee will be added to the total invoice. • Two security personnel or"reindeer guardians"to assist Sawtooth Reindeer staff in maintaining proper distance between guests and the reindeer, and to provide crowd management. They must wear clothes, shoes, and any additional attire that is free from any prior exposure to sheep and goats. • Clean water source if additional cleanup is needed. • A display area that is clean and free of any prior exposure/ground contact with sheep and goats. IV. The City agrees and understands that: • For the safety of the reindeer, if a situation occurs and becomes a risk to the reindeer, Sawtooth Reindeer will remove the reindeer from the event. • Sheep and goats carry a disease that can kill reindeer if exposed. If any harm or death is directly linked to the event the renter will be responsible for all damages, vet bills, or replacement cost if an animal is lost. • No dogs or other animals will be allowed near the reindeer. 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