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Home My WebLink About22-0203 Mike Toomey HemmensELGIN THE CRY IN THE SUBURBS tNDEPENDENT CONTRACTOR AGREENIFNT 2022 Mein in Short Film Festival THIS -AGREFNiENT. bx and between the City of Pigin. lllinoi-i, i municipal corporation (hereinafter referred to as "City") and Mike Toomey (hereinafter referred to as "Contractor") is hereby made and entered into this __i _ day of -_�, to v m,. ram_• 2022, WHEREAS. City is producing a presentation entitled "Elgin Short Film Festival" thereinafter referred to as "Production") for a performance on September 24, 2022; 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: ] , The above recitals are hereby incorporated into and made a part of this agreement as if full'. - recited herein. 2. City shall pay to Contractor the sum of One Thousand Dollars ($1,000.00) in the form of a Cit-% 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 24.2022. 3. Contractor shall perform the function of Master of Ceremonies for Production to the best :,i Contractor's abilities, which shall be performed in a reasonable, workmanlike tzianner. 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 Hater than 11 30 p.m. on September 24, 2022. This agreement shall terminate upon the conclusion of Prodtar:ion. which in no event shall be later than September 24. 2022. 4. Contractor shall be construed as an independent contractor for all purposes. Contractor steal I not be entitled to any benefits. rights or remuneration other than the payment of time sum speciticali! provided for herein. City shall not be entitled to control or direct Contractor's inean< or manner ot'performing Contractor's performance of the terms of this agreement 5 Contractor shall hold harmless and indemnify City, its agents, employees. d olunteers and assigns from and against any and all liability of ivilutsoever nature arising out of of in connection with Production or Contractor's performance of the ternis of this agreem ant, regardless of any alleged negligeni acts by either party hereto. The provisions of this paragraph shall survive any expiration and°'car icrinination of this agreement. In the event the provisions of this paragraph are nivoked, counsel for City shall be of City's choosing. {�. Venue fan the enforrelncot of oily rights and tho rcSolution of any disputcs arising out of or in connection Aith time provisions Or PCI'frirtruince of this Agreement shall be in the Circuit Court of Kane County, Illinois. The Hemmens Cultural Center 45 Symphony Way Ellin, Illinois 60120-5558 Fax Phone, M4-410-3o, i n icmi� n�•ar ; : Fs4"•93 i •t4 t4 I lle' lL m", ill Inlp. You a w.�.u. ,.,,-... - ,.t r]„a .►_°,, ` ifit�'rn ut. devilled to he void or otherwise anenforceahle for any reason, the rerrtatn cr •t rlti,, deft.-cm%:m shall remain in full fnrc t: and effect. „� nrrn► ,hlrll alit be c rrnstrued so as to create a joint vcnturC, employment. i�ar;ner5taip c r Iclittrl+nship hellYcen the partio hercto- ,r fill W illW ;rLlk,emeni i4 the sole agrectnent between the: parties hereto regarding the ! ubject matter lr,,T41+t 1'11crc arc: uo other agreements, cithQr written. oral or implied beeveen the parties hereto r•e t!..ai clinlc th+- subject matter +►f this ag.reemt:nt I'has agreement may rrcyt be modified or amended Without the written agreement of the partic., hereto. l t► c antiactnr zttall not be entitled to anv reimbursement for expenses 12 3 ision of this contract it is exprc isly Wrced and widen-t€ynd that it, covinection N'with tile performance of this Contract that the Contractor,hall complt ;y`ttl ++twithsttrndmt; any other prov i all applicable Federal. State. City and other requirements of law. Without limiting tire; fearegoing. t ontractol, borebd• certifies. represents and warranty to the City that Contractor 1, l -galiy authari�e:il. to pe;rforin the services provided for herein. in the event of any breach ofthis agreement by City, City's liability to Contractor ;hall be limited to any payment due to be paid to Contractor pursuant to the terms of this Agreement ity shall under no circumstances be liable for any additional monetary damages to t;'ontrrcy+ p for any reason whatsoever. In the event of cancellation of the 2022 Elgin Short Film Festival on or before :' iguGi =a, 2022. Contractor shall retain any deposits paid by City. Contractor shall not be entitled to �fe balance of payment unless City cancels event less than 30 days prior to the scheduled eve-i t dw. . f pon request. City shall provide Contractor with an Elgin area hotel room 6 r tare night of September 24, 2022 at City's expense. This agreement may be executed in counterparts. each of which shall be an o iLnnal and all of t',hich shall constitute one and the same agreement. For the purposes of excewing this agreement, any signed copy of this agreement transmitted by flax machine or e-mail shall be treated in all manners and respects as an original document. The signature of tinN nrarty on s copy Of this agreement transmitted by fax machine or e-mail shall he considered r0T these purposes as an original signature and shall have the same legal effect as an original signature. Any such lazed or e-mailed copy of this agreement shall be considered to have the sanrc binding legal effect as an original document. At the request cif either party any taN or e--mail copy of this agreement shall be re -executed by the parties in an original fonii. No parry to this agreement ,hall raise the use of fax machine or e-mail as a defense to this agreement and steal! lirmr cr waive such defense. Richard (i. Ko/t,l. r ity The Hetnmens Cultural [ enter Phone M-47-6j 7. 61 n ley — ' —_-- ---- - M i ke 'ibotney 45 SyMph(nty lb'rt) tiel�nrrtl'� ��