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INDEPENDENT CONTRACTOR AGREEMENT '1- UT��
Elgin Summer Theatre 2011 lO
THIS AGREEMENT is hereby made and entered into this I day of L 9 , 2011, by and between
the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and _Cathy Urban_
(hereinafter referred to as "Contractor").
WHEREAS, City is producing a theatrical presentation entitled "ANNIE" (hereinafter referred to as
"Production") for performances July 15 - 17 and 22 - 24, 2011; and
WHEREAS, Contractor is qualified and trained to perform the function of _costumer_in a manner
reasonably commensurate with Production as outlined in Attachment A, which is attached hereto and made a
part hereof.
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 recitals are hereby incorporated into and made a part of this agreement.
2. City shall pay to Contractor the sum of$_300_on or before July 24, 2011.
3. Contractor shall perform the function of Costumer_ for Production to the best of Contractor's
abilities, which shall be performed in a reasonable, workmanlike manner.
4. Contractor shall return all music, parts and equipment provided by the production to the
production manager at the completion of this agreement.
5. 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.
6. Contractor shall commence performance of the terms of this agreement on May 10, 2011, or at
such earlier date as may be reasonably necessary to perform Contractor's obligations hereunder in a reasonable
workmanlike manner. This agreement shall terminate upon the conclusion of production, which in no event
shall be later than July 25, 2011.
7. 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 production or
Contractor's performance of the terms of this agreement, regardless of any alleged negligent acts by either party
hereto. 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.
8. 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.
9. 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.
I, d
,10. This agreement shall not be construed so as to create a joint venture, employment, partnership or
Other agency relationship between the parties hereto.
11. 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.
12. Contractor shall not be entitled to any reimbursement for expenses.
13. 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, including, but not limited to, any applicable requirements regarding
prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the
foregoing, Contractor hereby certifies, represents and warrants to the City that all Contractor's employees
and/or agents who will be providing products and/or services with respect to this Contract shall be legal
residents of the United States. Contractor shall also at its expense secure all permits and licenses, pay all
charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work,
and/or the products and/or services to be provided for in this Contract. The City shall have the right to audit any
records in the possession or control of the Contractor to determine Contractor's compliance with the provisions
of this section. In the event the City proceeds with such an audit the Contractor shall make available to the City
the Contractor's relevant records at no cost to the City. Contractor shall pay any and all costs associated with
any such audit.
14. 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.
CITY OF ELG CONTRACTOR:
By �� BY
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150 Dexter Court /-/tz,ZXat.ro/
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Elgin, Illinois 60120 Address ,12HL�b�( /"d �Q
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Form W-9 Request for Taxpayer Give Form to the
(Rev.January 2011) requester.Do not
(Rev.Depa January
ment 2011)he asury Identification Number and Certification send to the IRS.
Internal Revenue Service
Name(as shown on your income tax return)
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E. Address(number,Q street, nd apt.or suite no.) Requester's name and address(optional)
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City,state,and ZIP code
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List account n ber(s)here(optional)
TPart.I Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name"line I Social security number
to avoid backup withholding.For individuals,this is your social security number(SSN).However,for a
resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other 3 3 9 - y s - 3- 6
entities,it is your employer identification number(EIN). If you do not have a number,see How to get a
TIN on page 3.
Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number
number to enter.
certification
Under penalties of perjury,I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and
2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding,and
3. I am a U.S.citizen or other U.S.person(defined below).
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply. For mortgage
interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and
generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the
instructions on page 4.
Sign Signature of `/
Here U.S.person ton 1.1 oA.t t.-2. J 7j,c/ni
Date► '7 - -//
General Instructions Note.If a requester gives you a form other than Form W-9 to request
your TIN,you must use the requester's form if it is substantially similar
Section references are to the Internal Revenue Code unless otherwise to this Form W-9.
noted. Definition of a U.S.person.For federal tax purposes,you are
Purpose of Form considered a U.S.person if you are:
A person who is required to file an information return with the IRS must •An individual who is a U.S.citizen or U.S.resident alien,
obtain your correct taxpayer identification number(TIN)to report,for •A partnership,corporation,company,or association created or
example,income paid to you,real estate transactions,mortgage interest organized in the United States or under the laws of the United States,
you paid,acquisition or abandonment of secured property,cancellation •An estate(other than a foreign estate),or
of debt,or contributions you made to an IRA.
•A domestic trust(as defined in Regulations section 301.7701-7).
Use Form W-9 only if you are a U.S.person(including a resident
alien),to provide your correct TIN to the person requesting it(the Special rules for partnerships.Partnerships that conduct a trade or
requester)and,when applicable,to: business in the United States are generally required to pay a withholding'
tax on any foreign partners'share of income from such business.
1.Certify that the TIN you are giving is correct(or you are waiting for a Further,in certain cases where a Form W-9 has not been received,a
number to be issued), partnership is required to presume that a partner is a foreign person,
2.Certify that you are not subject to backup withholding,or and pay the withholding tax.Therefore,if you are a U.S.person that is a
3.Claim exemption from backup withholding if you are a U.S.exempt partner in a partnership conducting a trade or business in the United
payee.If applicable,you are also certifying that as a U.S.person,your States,provide Form W-9 to the partnership to establish your U.S.
allocable share of any partnership income from a U.S.trade or business status and avoid withholding on your share of partnership income.
is not subject to the withholding tax on foreign partners'share of
effectively connected income.
Cat.No.10231X Form W-9(Rev.1-2011)