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HomeMy WebLinkAbout17-0124 Mike Toomey _ 0Iay CA. 4.Q Taawut E LG I N THE CRY I THE SUBURBS INDEPENDENT CONTRACTOR AGREEMENT 2017 Ellin Short Film Festival THIS AGREEMENT, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Mike Toomey (hereinafter referred to as "Contractor") is hereby made and entered into this „y/Aday of,T,,a a; , 2017. WHEREAS, City is producing a presentation entitled "Elgin Short Film Festival" (hereinafter referred to as"Production") for a performance on September 23,2017;and WHEREAS, Contractor is qualified and trained to perform the function of Master of Ceremonies 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 as if fully recited herein. 2. City shall pay to Contractor the sum of One Thousand Dollars($1,000.00) in the form of a City of Elgin check as follows: a. $500 deposit to be paid within thirty(30)days of the date of this agreement; b. $500 balance upon performance of this agreement on the evening of September 23,2017. 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 23, 2017. This agreement shall terminate upon the conclusion of Production,which in no event shall be later than September 23,2017. 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. The Hemmens Cultural Center 45 Symphony Way Elgin, Illinois 60120-5558 Phone: 847-697-3616 Hemrnens.org Fax: 847-931-5940 7. The terms of this agreement shall he severable. In the event that any of the terms or provisions of this agreement arc 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 arc 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. I I. 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 2017 Elgin Short Film Festival on or before August 23, 2017, 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 23,2017 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. CiTY OF ELGIN CONTRACTOR: By_ By Richard G. Kozal, City Manager Mike Toomey Date: / / `( - / 7 The Hemmens Cultural Center 45 Symphony Way Elgin, Illinois 60120-5558 Phone: 847-697-3616 Hemmens.ors Fax: 847-931-5940