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INDEPENDENT CONTRACTOR AGREEMENT •
2014 Elgin Short Film Festival AA
THIS AGREEMENT is hereby made and entered into this ZV day of M tey-, 2014, by and
between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Mike
Toomey(hereinafter referred to as"Contractor").
WHEREAS, City is producing a presentation entitled "Elgin Short Film Festival" (hereinafter referred
to as"Production").for a performance September 27,2014;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:
• a. $500 deposit to be paid within thirty(30)days of City's receipt of signed contract;
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b. $500 balance upon performance of this agreement on evening of September 27,2014.
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., and Contractor's performance of this agreement
shall be completed upon conclusion of Production,which in no event shall be later than 11:00
p.m. on September 27, 2014. This agreement shall terminate upon the conclusion of
Production,which in no event shall be later than September 27,2014.
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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. Ciy 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.
The Hemmens-Cultural•Center 45 Symphony Way Elgin,Illinois 60120-5558
Phone: 847-697-3616 Hemmer.org Fax: 847-931-5940
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.
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9. This agreement is the sole agreement between the parties hereto regarding the subject matter
hereof. There are no other agreements, either written, 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. In the event of cancellation of the 2014 Elgin Short Film Festival more than 30 days prior to
the scheduled event day,Contractor shall retain any deposits paid by City. Contractor shall not
be entitled to the balance of payment unless City cancels event less than 30 days prior to the
scheduled event day.
14. Upon request, City shall provide Contractor with an Elgin area hotel room for the night of
September 27,2014 at City's expense.
15. This agreement may be executed in counterparts, each of which shall be an original and all of
which shall constitute one.and the same agreement. For the purposes of executing this
agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be
treated in all manners and respects as an original document. The signature of any party on a
copy of this agreement transmitted by fax machine or e-mail shall be considered for these
purposes as an original signature and shall have the same legal effect as an original signature.
Any such faxed or e-mailed copy of this agreement shall be considered to have the same
binding legal effect as an original document. At the request of either party any fax or e-mail
copy of this agreement shall be re-executed by the parties in an original form. No party to this
agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall
forever waive such defense.
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CITY OF ELGIN CONTRACTOR:
By /(0 By
Sean Stegall,City Manager Mike oom
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The Hemmens Cultural Center 45 Symphony Way Elgin, Illinois 60120-5558
Phone: 847-697-3616 • .Hemmens_org Fax: 847-931-5940
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