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INDEPENDENT CONTRACTOR AGREEMENT
2011 Elgin Short Film Festival
THIS AGREEMENT is hereby made and entered into this 02/7"4 day of , 2011,
by and between the City of Elgin, Illinois, a municipal corporation(hereinafter referred o as "City")
and Mike Toomey(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 17,2011; 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 recitals are hereby incorporated into and made a part of this agreement.
. 2. City shall pay to Contractor the sum of One Thousand Dollars ($1,000.00) in the
form of a City of Elgin check upon request after Contractor's arrival on September
17, 2011.
3. Contractor shall perform the function of Master of Ceremonies for Production to the
best of Contractor's abilities, which shall be performed in a reasonable, workmanlike
manner. Contractor will work beginning at 6:00 p.m., shall terminate upon
conclusion of Production, which in no event shall be later than 11:00 p.m. on
September 17, 2011. This agreement shall terminate upon the conclusion of
Production,which in no event shall be later than September 17,2011.
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 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.
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.
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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 is legally authorized to perform
the services provided for herein.
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. Upon request, City shall provide Contractor with an Elgin area hotel room for the
night of 9/17/2011 at City's expense.
CITY OF ELGIN CONTRACTOR:
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By By
Sean S gall, City Manger Mike oomey
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