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HomeMy WebLinkAbout82-0402 Alfred Heine CONSULTANT AGREEMENT This contract made and entered into this ____ day of / , 1982 by and between the City of Elgin, a municipal corporation of the State of Illinois (hereafter City) and Alfred H. Heine of 4/(' Pc/# ,Y,Lig n (hereafter Electrician). WHEREAS, Electrician has hereto been employed as an electrical inspector by the City for many years; and WHEREAS, Electrician recently retired from the employ of City, but the City wishes to retain his services as an independent consultant as specified in this agreement, and consultant is willing to perform such services on the basis hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants and agree- ments contained herein the parties mutually agree as follows: I. Term. The term of this agreement shall be from December 27, 1981 to December 31, 1982. All computation of hours worked and pay due Electrician shall be retroactive to 12:01 a.m. , December 27, 1981. II. Electrician to Perform Consultant Service as Independent Contractor. A. Electrician agrees to make himself available to perform the following services and duties at the request of the Community Development Director of the City or his designee: 1) Electrical plan review for commercial and industrial sites. 2) Field inspections of electrical facilities at commercial and industrial sites. 3) General electrical plan review field inspection and consultation with City officials as specified by the Community Development Director or his designee. B. It is expressly agreed between the parties that Electrician is an independent contractor and not an employee of the City. Nothing con- tained herein shall be construed to require contractor to work a minimum number of hours per week or month. -1- C. Electrician shall post a bond in an amount of $1,000,000.00 to protect the City from any negligent or improper acts of Electrician while he is performing any service pursuant to this agreement. D. Electrician shall provide his own tools and automobile pro- vided, however, City may, but is not required, to loan equipment to Electrician at no costs. III. Compensation. A. The City shall compensate Electrician at a rate of eleven dollars and seventeen cents ($11.17) for each hour Electrician is performing the above described services and duties as directed, provided, however, total compensation under this agreement shall not exceed $6,000. Electrician shall be solely responsible for any income tax liability. B. On or before the last day of each calendar month, Electrician shall submit to the City a detailed statement of services rendered by Elec- trician pursuant to this agreement during that calendar month. Said statement shall indicate the following: 1) Number of hours in which Electrician was engaged in services at the direction of the Department of Community Development. 2) Date when services were rendered. 3) A general description of the services rendered. C. Upon execution of this agreement the City shall pay to Electrician an amount equal to the above hourly rate times the total of all hours of service rendered by Electrician from December 27, 1981 to the date of execution for which the Electrician has not been compensated. Such hours for which Electrician has been compensated shall not be included when com- puting this amount. Provided, however, any compensation received by Elec- trician prior to the execution of this agreement for services rendered since December 27, 1981 shall be included for purposes of computing the total com- pensation limitation of Art. III, par. A above. D. City shall review all statements submitted within seven (7) business days from receipt thereof and shall do one of the following: 1) Pay to Electrician an amount equal to $11.17 times number of hours listed on said statement. 2) Object in writing to Electrician's statement in whole or in part, provided, however, if City objects to only a part of Electrician's statement, City shall pay Electrician for those hours not contested as pro- vided above. -2- E. Electrician may, at his discretion, submit to the Director of Community Development or his designee, a daily or weekly timesheet showing hours worked in conformance with this agreement during the time period specified in the timesheet. If the Director of Community Development or his designee finds the timesheet to be accurate, he shall sign same and said timesheet shall then be conclusive evidence of hours for which compensation is due. F. If Electrician and City cannot agree upon the amount of compensation due electrician, the question shall be presented to the City Manager of the City of Elgin. The decision of the City Manager shall be the final position of the City on the matter. If Electrician disputes City's final position, Electrician may then seek whatever remedy he may have in law or equity. G. Electrician's compensation for services performed pursuant to this agreement shall be as stated herein and no other. The compensation as provided in Section III of this agreement shall constitute full and complete compensation for all services performed pursuant to this agreement. As an independent contractor, Electrician shall not be entitled to the fringe benefits, insurance plans, social security contribu- tions or workman's compensation plan covering City employee's generally. N. Miscellaneous. A. Electrician shall neither assign nor delegate any duty or function required to be performed by him under this agreement and any attempt to do so shall be void and of no effect. B. Nothing contained herein shall be construed to guarantee to Electrician a minimum number of hours of work or a minimum amount of compensa- tion. CI IF EL I , a 'cip. icorporat +on BY A `e son, ity '1n7a:er Attest: ce ,2 J4-4,A,AL ef --- ity e�l rk ALFRED H. HEINE ,Le-Sje-:1:-(jL -3-