82-0402 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.
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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.
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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
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ity e�l rk
ALFRED H. HEINE
,Le-Sje-:1:-(jL
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