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94-228 At Resolution No. 94-228 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH KAREN M. BEHEL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Karen M. Behel for services with the Elgin Summer Theatre, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 10, 1994 Adopted: August 10, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk EMPLOYMENT. AGREEMENT This Agreement is made and entered into this day of 199y by and between the City of Elgin, linois, a municipal corporation (hereinafter referred to as "city") and (hereinafter referred to as "worker" ) . NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . "City shall pay to worker the sum of $ on or before - Cam, 199Y 2 . Worker shall be retained as an independent contractor. This agreement shall not be construed to create an agency, joint venture or employment agreement between the parties hereto. 3 . Worker shall provide the services described in attachment "A" hereto, which attachment is hereby incorporated into and made a part of this agreement. 4 . This agreement shall terminate on 199 ` or as otherwise provided herein. 5 . Either party may terminate this agreement at any time upon written notice. In the event this agreement 'is terminated prior to S/ S by either party, worker shall be compensate on a pro-rata basis based on the number of days worked as a percentage of the complete amount of work contemplated by this agreement pursuant to attachment "A" . R 6 . The terms of this agreement shall be severable. In the event that any of the terms or provisions of this ' agreement shall be found to be void or otherwise unenforceable for any reason, the remainder of this agreement shall. remain in full force and effect. 7 . This agreement shall be subject to and governed by the laws of the State of Illinois . 8 . Worker agrees to hold harmless and indemnify the City for and against any and all claims for damages, suits, causes of action or other liability arising out of or due to worker's negligent acts .- n CITY OF ELGIN, a municipal corporation By: City Manager Nam Attest: Cif lerk -2- 3 Elgin Summer Theatre MUSICAL DIRECTOR- 1 . Musical Director shall be responsible for the vocal and instrumen- tal music pertaining to the show. 2 . Musical Director shall work with the director, conductor, choreog- rapher, and actors to determine and regulate tempo of show music. 3 . Musical Director shall work with producer, director, and conduc- tor -to determine size and scope of band/orchestra for the show and de- termine stipend to be paid to each musician. 4 . Musical Director shall audition and engage all musicians for the show. MD shall also engage and supervise a pit conductor, should one be required. An effort shall be made by the Musical Director to in- clude qualified student musicians in the band/orchestra to supple- ment paid musicians . 5 . Musical Director shall attend rehearsals on a regular basis in or- der to familiarize himself with the show, cast, and characters . 6 . Musical Director shall disseminate all musical materials to musi- cians and cast and shall return all materials erased, and accounted for, to producer immediately following the last performance. 7 . Musical Director shall provide producer with a complete list of band/orchestra members no later than three weeks prior to opening of the show. List shall contain names, addresses, phone numbers, and amount of stipend paid to. each musician. 8 . The Musical director shall be responsible for teaching all music to the cast and conduct rehearsals necessary to prepare music for in- tegration into the show. 9 . The Musical Director. shall work with the Producer and Director to schedule the appropriate amount of time for music rehearsals . 10. The Music Director will be available for auditions to provide sup- port to the Director and, when requested, input for casting purposes. 11 . The Music Director shall schedule brush-up rehearsals as deemed necessary between performances and attend any pick-up rehearsals scheduled by the Director.