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HomeMy WebLinkAbout15-0726 Andy Soderstrom 15- 0-1-ata Ate% SoscI INDEPENDENT CONTRACTOR AGREEMENT Elgin Summer Theatre 2015 THIS AGREEMENT, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Andy Soderstrom (hereinafter referred to as "Contractor") is hereby made and entered into on the date of signature by City. • WHEREAS, City is producing a theatrical presentation entitled Next to Normal (hereinafter referred to as "Production") for performances July 17- 19 and 24 - 26, 2015; and WHEREAS, Contractor is qualified and trained to perform the function of Drums— Percussion Player in a manner reasonably commensurate with the requirements of the Production. 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 51,000 on July 26, 2015 or within thirty (30) days of'the receipt by the City of all documents the City may require in its sole discretion (e.g., completed W9 form and executed independent contractor agreement); whichever is later. 3. Contractor shall perform the function of Drums — Percussion Player 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 coordinator 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 July 13, 2015, or at such earlier date as may he 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_ he later than July 26, 2015 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 shalt 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. 1 1 0._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 nb other agreements, either oral or implied between the panics 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 he 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 kw any additional monetary damages to Contractor for any reason whatsoever. 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. CITY OF ELGI CONTRACTOR: 13y: ra y.., Sean Stegall, Ci Manage Andy Soderstrom Date: 7 7/(� 514 Harrison Ave. Unit C 150 Dexter Court Elgin, Illinois 601,20 Algonquin, IL 60102