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94-229 r Resolution No. 94-229 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WILLIAM E. MORING 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 William E. Moring for services with the Elgin Summer Theatre, a copy of which is attached hereto and made a part hereof by reference. sl 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 e I EMPLOYMENT AGREEMENT This Agreement is made and entered into this 6 7A(iay of 199- by and between the City of Elgin, I11 nois, 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 / 199 2 . orker 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'x1 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 by either party, worker shall be compensated on a pro-rata basis based on the number u of days worked as a percentage of the complete amount of work contemplated by this agreement pursuant to attachment- "A" . 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 . CITY OF ELGIN, a municipal corporation By: 1 1 L 1 City Manager Name. Attest: City el � k -2- _ Elgin Summer Theatre DIRECTOR 1. Director shall work with EST staff and producer to . establish the design elements of the show. Should the director have -specific de- sign concepts, those ideas shall be communicated to EST staff in de- tailed terms and kept within budgetary boundaries . 2'. Director. shall- work with EST staff and producer to adhear_ to the budget established' for. the show. 3 . Director shall work with producer to establish audition and re-_ hearsal schedules and. endeavor to adhere to the schedule. 4 .. Director shall. advise tech director of staging. requirements prior to the-- beginning- of-- rehearsals . 5 . Director shall, conduct. auditions and., working: with - the producer., choreographer, and. musical director, select the. cast for the- show. 6 . Director shall- be responsible for distributing rehearsal materi- als to the cast. If. any of the materials_ are� to- be- returned to the. publisher, the director is responsible for collecting the clean, s erased, material no later than immediately following the last. perfor.- mance of the show. 7". Director shall conduct a reasonable-number.--_.of -rehearsa-ls=, giving instructions to the cast. for.- blocking and- characte-r.=interpretation. 8'. Director. shall_ utilize rehearsal time. eff-icientlyT-by-.star_t-ing: re--- hearsals on time, finishing by the designated time _."And, util-izing• the- actors ' time efficiently. 9 . Director shall. be: responsible- for. the artistic__integration of. *all.. music- and: dance into the blocking and action- of= the. play. 10 . Working with the producer and tech director-, director shall be responsible for- the artistic- interpretation of- the== play; unifying- all-- elements of production. 11. Director shall be directly responsible to the producer. 12 . Director shall provide producer with an accurate cast list and ap- propriate program notes no later than two weeks prior to opening-. 13. Director shall conduct one pick-up rehearsal. prior to the second weekend of the show. Elgin. Summer. Theatre TECHNICAL DIRECTOR 1. The Technical Director shall supervise and- be- in charge of all technical aspects of the production. The TD shall- advise the Pro- ducer of technical limitations and requirements related_.to- show se- lection and work. with. Producer- to establish: a- realistic-- budget- once the- production has- been determined. - =-- - 2'. Tech Director. shall_ work-with the-.Producer: to-- secure: the- ---.appro-priate. -technical staff for the production in order to- to deliver a. high quality show in a timely and fiscally responsible: manner.:_ TD shall_ also advise tech staff- of-. their responsibilities- as related to the: production.. _- 3 . The Tech Director shall. work with the Producer,- Director �~Chore ographer, Set. Designer, Lighting- Designerr, Costume Designer; and Hemmens Stage- Manager to insure. that all. technical-- aspects;.of".the, show. are carried out in a professional and timely fashion. and- with- in the budgetary limits. set forth prior to. staffing. 4 . The Tech Director shall- act as a mediator between- alI parties- to insure that all pertinent technical_ information and-instructions are- channeled to all. effected participants -in--order.:.,to~=achie.ve>con- tinui.ty,. and. assure- that_responsibilities-.a-re -fulf:illed�in a!-profes- sions-1. and_ t-imely manner.. . - 5. The Tech Director shall. receive and monitor- all: receipts purchases_ and_-r_rentals related to the-. technica•l _aspects,` of;-:they shows:: to insure- that the parameters of the budget are:-not. breached= and to� forward,-all. bills- to the Producer- for_prompt payment - - - _ ti r 6 .- The:- Tech Director shall attend. :rehearsals g on 'a..regular,basis _ i and- provide technical - and.-logistical_ support: to'subordinates _ 7 - The: Tech Director shall.. coordinate-all-- techn_ica1- preparation to _ _ insure that- these activities coincide with- Hemmens-. event_ and'=�mainte-`_-- nance schedules . 8 . Tech Director shall provide Producer with- an accurate_ listing- of all technical staff, both volunteer- and paid, as well- as tech-. nical notes and. acknowledgements for inclusion in the program•, no. less. than seven days prior to the open of. the show. 9 . Following the closing of the show, Tech Director shall follow up with all EST. staff to make sure all --scenery-,F equipment, facili- ties, etc. have- been stored properly, returned normal working condi- - tion, and appropriately cleaned up. TD shall likewise ensure_ .that. all rented or borrowed equipment-, scenery, costumes, props, etc_ . have been returned by EST -staff in a timely manner-: - _ -