HomeMy WebLinkAbout09-0623 Richards INDEPENDENT CONTRACTOR AGREEMENT cS
Elgin Short Film Festival
THIS AGREEMENT is hereby made and entered into this -�3`cd day of .3)1141
2009, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to
as "City") and Dean Richards (hereinafter referred to as "Contractor").
WHEREAS, City is producing a special event entitled "Elgin Short Film Festival"
(hereinafter referred to as "Production") for a performance September 26, 2009; and
WHEREAS, Contractor is qualified and trained to perform the function of Master of
Ceremonies /Celebrity Judge in a professional manner.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby
agree as follows:
1. The above recital is hereby incorporated into and made a part of this agreement.
2. City shall pay to Contractor the sum of Two Thousand Dollars ($2,000.00) on or
before September 29, 2009.
3. Contractor shall perform the function of Master of Ceremonies / Celebrity
Judge for Production to the best of Contractor's abilities, which shall be
performed in &reasonable, workmanlike manner. Contractor will work beginning
at•6:00 PM, shall terminate upon the conclusion of production, which in no event
shall be later than 10:00 PM on September 26, 2009. This agreement shall
terminate upon the conclusion of production, which in no event shall be later than
September 26, 2009.
4. Contractor shall be construed as an independent contractor for all purposes.
Contractor shall not be entitled to any benefits, rights or remuneration other than
the payment of the sum specifically provided for herein. City shall not be entitled
to control or direct Contractor's means or manner of performing Contractor's
performance of the terms of this agreement.
5. Contractor shall hold harmless and indemnify City, its agents, employees,
volunteers and assigns from and against any and all liability of whatsoever nature
arising out of or in connection with any negligent acts or omissions or
performance of this agreement by Contractor or any non-party to this agreement.
The provisions of this paragraph shall survive any expiration and/or termination
of this agreement. In the event the provisions of this paragraph are invoked,
counsel for City shall be of City's choosing.
6. Venue for the enforcement of any rights and the resolution of any disputes arising
out of or in connection with the provisions or performance of this Agreement
shall be in the Circuit Court of Kane County, Illinois.
7. The terms of this agreement shall be severable. In the event that any of the terms
or provisions of this agreement are deemed to be void or otherwise unenforceable
for any reason, the remainder of this agreement shall remain in full force and
effect.
8. This agreement shall not be construed so as to create a joint venture, employment,
partnership or other agency relationship between the parties hereto.
9. This agreement is the sole agreement between the parties hereto regarding the
subject matter hereof. There are no other agreements, either oral or implied
between the parties hereto regarding the subject matter of this agreement. This
agreement may not be modified or amended without the written agreement of the
parties hereto.
10:- - Contractor shall not be entitled to any reimbursement for expenses.
11. Notwithstanding any other provision of this Contract it is expressly agreed and
understood that in connection with the performance of this Contract that the
Contractor shall comply with all applicable Federal, State, City and other
requirements of law. Without limiting the foregoing, Contractor hereby certifies,
represents and warrants to the City that Contractor who will be providing products
and/or services with respect to this Contract shall be legal residents of the United
States.
12. In the event of any breach of this Agreement by City, City's liability to Contractor
shall be limited to any payment due to be paid to Contractor pursuant to the terms
of this Agreement. City shall under no circumstances be liable for any additional
monetary damages to Contractor for any reason whatsoever.
13. Round trip limousine service shall be provided to Contractor by City between
Chicago and Hemmens and an Elgin hotel as may be reasonably necessary for
Contractor's performance of the terms of this agreement on 9/26/09 and 9/27/09.
City shall provide a 15% gratuity to any driver of such limousine service for the
cost of any-such transportation. City shall also provide Contractor with an Elgin
hotel room for the night of 9/26/09 at City's expense.
CITY L CONTRACTOR:
By By
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