HomeMy WebLinkAbout11-0711 Goldman INDEPENDENT CONTRACTOR AGREEMENT G►okAwkah
°' Elgin Summer Theatre 2011
THIS AGREEMENT is hereby made and entered into this %/#11day of �a/ , 2011, by and between
the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "C4'15nd _Heather Goldman_
(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 Choreographer_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$_900_on or before July 24, 2011.
3. Contractor shall perform the function of choreographer 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.
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 ELGI ONTRACTOR:
By //4HiPk74'B�%Zd
150 Dexter Court r
Elgin, Illinois 60120 Address 3 &order\ G(. ,eft C-j"
City, State ) 11 �jO I 23
SSNorFIEN 70
F:\Hemmens\1-iEMMENS SEASONS\2011-2012\EST\Crew\Crew Contracts\Heather Goldman EST 2011.docx
•
Attachment A Choreographer
• Arrive at least 15 minutes before rehearsal begins
• Teach dance parts to cast members
• Make changes to blocking deemed necessary by director
• Work with director to maintain the artistic integrity of the show
• Appoint a dance captain and copy dance notes for them
• Arrive clean and sober
• Have your materials with you at all rehearsals
• Coordinate rehearsal schedule with director prior to auditions
• Attend auditions and call backs
• Assist with casting
DATE CALL TIME START TIME
Monday, July 11' 6:30=pm 7:00 pm
Tuesday, July 12 6:30 pm 7:00 pm
Wednesday_,July,:13 , 6:30 pm I.- 7:00 pm .. -
Thursday, July 14 6:30 pm 7:00 pm
Friday, July 1'5 _ '7:00 pm 8:00 pm
Saturday, July 16 7:00 pm 8:00 pm
Sunday, July 17 2:00 pm 3:00 pm:
Friday, July 22 7:00 pm 8:00 pm
Saturday, July 23 7:00.prn 8:00 pm
Sunday, July 24 2:00 pm 3:00 pm
Please initial and return 1 copy with contracts C)_