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INDEPENDENT CONTRACTOR AGREEMENT
Elgin Summer Theatre 2011
THIS AGREEMENT is hereby made and entered into this //'day of 3To , 2011, by and between
the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "Cif") and _Andy Soderstrom_
(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_Percussionist_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$_950_on or before July 24, 2011.
3. Contractor shall perform the function of _Percussionist_ 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.
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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 EL CONTRACTOR:
By By
150 Dexter Court � ��j1 (�� ������ �.\ `
Elgin, Illinois 60120 Address l� 'U
City, State � u}" 2 j 11—
SSNorFIEN
F:\Hemmens\HEMMENS SEASONS\201I-20I2\ESl\Band\Contracts\Paul Abella 950.docx
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Attachment A
- -- Musician
• Arrive clean and sober
• Call time is 1 hour before show, 30 minutes before rehearsals
• Provide own equipment or make necessary arrangements through Production
Coordinator
• City of Elgin assumes no liability for Contractor's equipment
• Return music and any equipment provided by the City to Production Coordinator in the
manner it was provided immediately following final performance
• Attend all tech week rehearsals and performances
• Coordinate with music director and other pit musicians any changes to music and follow
through with said changes
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 7:00 pm
Thursday, July 14 6:30 pm 7:00 pm
Friday, July 15 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 pm 8:00 pm
Sunday, July 24 2:00 pm 3:00 pm
Please initial and return one copy with contracts A , s `
•
Form W-4 (2011) Complete all worksheets that apply.However, Form 1040-ES,Estimated Tax for Individuals.
you may claim fewer(or zero)allowances.For Otherwise,you may owe additional tax.If you
regular wages,withholding must be based on have pension or annuity income,see Pub.919 to
Purpose.Complete Form W-4 so that your allowances you claimed and may not be a flat find out if you should adjust your withholding on
employer can withhold the correct federal amount or percentage of wages. Form W-4 or W-4P..
income tax from your pay.Consider completing a Head of household.Generally,you may claim Two earners or multiple jobs.If you have a
new Form W-4 each year and when your head of household filing status on your tax return working spouse or more than one job,figure the
personal or financial situation changes. only if you are unmarried and pay more than total number of allowances you are entitled to
Exemption from withholding.If you are exempt, 50%of the costs of keeping up a home for claim on all jobs using worksheets from only one
complete only lines 1,2,3,4,and 7 and sign yourself and your dependent(s)or other Form W-4.Your withholding usually will be most
the form to validate it.Your exemption for 2011 qualifying individuals.See Pub.501,Exemptions, accurate when all allowances are claimed on the
expires February 16,2012.See Pub.505,Tax Standard Deduction,and Filing Information,for Form W-4 for the highest paying job and zero
Withholding and Estimated Tax. information. allowances are claimed on the others.See Pub.
Note.If another person can claim you as a Tax credits.You can take projected tax credits 919 for details.
dependent on his or her tax return,you cannot into account in figuring your allowable number of Nonresident alien.If you are a nonresident alien,
claim exemption from withholding if your income withholding allowances.Credits for child or see Notice 1392,Supplemental Form W-4
exceeds$950 and includes more than$300 of dependent care expenses and the child tax Instructions for Nonresident Aliens,before
uneamed income(for example,interest and credit may be claimed using the Personal completing this form.
dividends). Allowances Worksheet below.See Pub.919, Check your withholding.After your Form W-4
How Do I Adjust My Tax Withholding,for
Basic instructions.If you are not exempt, takes effect,use Pub.919 to see how the
complete the Personal Allowances Worksheet information on converting your other credits into amount you are having withheld compares to
below.The worksheets on page 2 further adjust withholding allowances. your projected total tax for 2011.See Pub.919,
your withholding allowances based on itemized Nonwage income.If you have a large amount of especially if your earnings exceed$130,000
deductions,certain credits,adjustments to nonwage income,such as interest or dividends, (Single)or$180,000(Married).
income,or two-earners/multiple jobs situations. consider making estimated tax payments using
Personal Allowances Worksheet(Keep for your records.) •
IA Enter"1"for yourself if no one else can claim you as a dependent A
i •You e g o job;or
B Enter"1"if: !I •You arear sin marriedle ,haveandhave only onenlyone job,and your spouse does not work;or . . . B
•Your wages from a second job or your spouse's wages(or the total of both)are$1,500 or less.
C Enter"1"for your spouse.But,you may choose to enter"-0-"if you are married and have either a working spouse or more
than one job.(Entering"-0-"may help you avoid having too little tax withheld) C
D Enter number of dependents(other than your spouse or yourself)you will claim on your tax return D
E Enter"1"if you will file as head of household on your tax return(see conditions under Head of household above) . . E
F Enter"1"if you have at least$1,900 of child or dependent care expenses for which you plan to claim a credit . . . F
(Note.Do not include child support payments.See Pub.503,Child and Dependent Care Expenses,for details.)
G Child Tax Credit(including additional child tax credit).See Pub.972,Child Tax Credit,for more information.
•If your total income will be less than$61,000($90,000 if married),enter"2"for each eligible child;then less"1"if you have three or more eligible children.
•If your total income will be between$61,000 and$84,000($90,000 and$119,000 if married),enter"1"for each eligible
child plus"1"additional if you have six or more eligible children G
H Add lines A through G and enter total here.(Note.This may be different from the number of exemptions you claim on your tax return) I. H
For accuracy, • If you plan to itemize or claim adjustments to income and want to reduce your withholding,see the Deductions
complete all ' and Adjustments Worksheet on page 2.
worksheets •If you have more than one job or are married and you and your spouse both work and the combined earnings from all jobs exceed
that apply. $40,000($10,000 if married),see the Two-Earners/Multiple Jobs Worksheet on page 2 to avoid having too little tax withheld.
• If neither of the above situations applies,stop here and enter the number from line H on line 5 of Form W-4 below.
Cut here and give Form W-4 to your employer.Keep the top part for your records.
Employee's Withholding Allowance Certificate OMB No.1545-0074
Form W-4 Department of the Treasury Whether you are entitled to claim a certain number of allowances or exemption from withholding is 2011
Internal Revenue Service subject to review by the IRS.Your employer may be required to send a copy of this form to the IRS.
1 1p print your first and middle initial. Last name, ���� 2 Y SialQsecurity number
-ati
- 4-189-0
_Home address(number and street or ral route)
/._ I `� t,� 3 Single ❑ Married ❑ Married,but withhold at higher Single rate.
11(Y1 l•� JJU urn , Note. If married,but legally separated,or spouse is a nonresident alien,check the"Single"box.
City or town,state,and ZIP code i 4 If your last name differs from that shown on your social security card,
U�� �� �� `� check here.You must call 1-800-772-1213 for a replacement card. P. ❑
5 Total number of allowances ydu are claiming(from line H above or from the applicable worksheet on page 2) 5
6 Additional amount,if any,you want withheld from each paycheck 6 $ V'
7 I claim exemption from withholding for 2011,and I certify that I meet both of the following conditions for exemption.
•Last year I had a right to a refund of all federal income tax withheld because I had no tax liability and
•This year I expect a refund of all federal income tax withheld because I expect to have no tax liabilityi.
If you meet both conditions,write"Exempt"here ► 7
Under penalties of perjury,I declare that I have examined this certificate and to the best of my knowledge and belief,it is true,correct,and complete.
Employee's signature �Jj��
(This form is not valid unless you sign it.) ► `;f' Date► LA2S/26 \1
8 Employer's name and address(Employer:Complete lines 8 and 10 only if sending to the IRS.) 9 Office code(optional) 10 Employer identification number(EIN)
For Privacy Act and Paperwork Reduction Act Notice,see page 2. Cat.No.102200 Form W-4(2011)