15-0122 Barrs Temporary Service Inc. Mechanic COVERSHEET
Agreement/Document Attached
Document Name in Laserfiche:
15-0122 Barrs Temporary Service Inc. - Mechanic
MECHANIC STAFFING AGREEMENT
THIS AGREEMENT is hereby made and entered into this day of LAMI/f
2015, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referre
as the "City") and Barr's Temporary Service, Inc., an Illinois corporation (hereinafter referred to
as "CES").
WHEREAS, the City desires to retain the services of a mechanic on a temporary basis; and
WHEREAS, CES provides staffing services including, but not limited to, staffing services of
mechanics.
NOW, THEREFORE, for and 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:
1. Recitals
The above recitals are hereby incorporated into this agreement and made a part hereof as if fully
recited hereby.
2. CES' Duties and Responsibilities
CES shall:
(a) Recruit, screen, interview, and assign its employee ("Assigned Employee") to perform the
type of work described on Attachment A, attached hereto and made a part hereof, under the
City's supervision at the locations specified by the City;
(b) Pay Assigned Employee's wages and provide him or her with the benefits that CES offers to
its employees;
(c) Pay, withhold, and transmit all applicable payroll taxes; provide unemployment insurance and
workers' compensation benefits; and administer and process unemployment and workers'
compensation claims involving the Assigned Employee;
(d) Require the Assigned Employee to sign an agreement in substantially the form of Attachment
B, attached hereto and made a part hereof, acknowledging that he or she is not entitled to
holidays, vacations, disability benefits, insurance, pensions, or retirement plans, or any other
benefits offered or provided by the City to City's employees; and
3. The City's Duties and Responsibilities
The City shall:
(a) Accurately and timely collect and submit all hours worked for all Assigned Employees to
CES.
(b) Be responsible for its business operations, products, services and intellectual property. The
City shall also exercise reasonable judgment in supervising and maintaining operational control
and direction over CES's Assigned Employees to ensure that the Assigned Employees do not
perform duties that exceed the nature and scope of the job description in Attachment A and for
the purpose of compliance with any federal, state, local, regional or municipal rules or
regulations governing its business or requiring the City to maintain operational control. Such
control and direction shall not include the hiring, firing, or discipline of CES's Assigned
Employees, nor shall it include handling of any benefits disputes (i.e. payroll, workers'
compensation, health and welfare insurance, COBRA), other than those required to maintain
compliance with this paragraph.
(c) Supervise, control, and safeguard its premises, processes, or systems. In doing so, the City
agrees that neither it nor any of its officers, agents, representatives or employees, shall entrust an
Assigned Employee with unattended premises, cash, checks, credit cards, merchandise,
confidential or trade secret information, negotiable instruments, or other valuables without
CES's express prior written approval. If this prior written consent is not obtained, the City agrees
to indemnify and hold harmless CES from and against all liabilities, claims, losses, judgments,
costs and expenses, excluding attorney's fees, resulting from claims and lawsuits brought against
CES or the City as a result of any property damage, bodily injury or any damage, loss or expense
arising out of or related to the Assigned Employee engaging in any of those activities;
(d) Provide the Assigned Employee with a safe work site to the extent required by law and
provide appropriate information, training, and safety equipment with respect to any hazardous
substances or conditions to which they may be exposed at the work site. The City agrees not to
expose any CES Assigned Employee to unnecessary hazard or extra hazard, and not to violate
any OSHA or safety law, rule or regulation whether federal, state, or local.
(e) Not change the Assigned Employee's job duties without CES' express prior written approval;
and
(f) Exclude the Assigned Employee from the City's benefit plans, policies, and practices, and not
make any offer or promise relating to the Assigned Employee's compensation or benefits.
(g) The City shall only require or permit the Assigned Employee to operate or drive vehicles for
testing and repair purposes, which operation and/or driving shall not be permitted on public
roads.
4. Payment Terms, Bill Rates, and Fees
(a) The City shall pay CES for its performance at the total cumulative rate of$42.00 per hour.
CES shall invoice the City for services provided under this agreement on a monthly basis.
Payment is due on 30 days receipt of invoice. Invoices shall be supported by the pertinent time
sheets or other agreed system for documenting time worked by the Assigned Employee. If a
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portion of any invoice is disputed within 30 days of submission, the City shall pay the
undisputed portion only, pending resolution of the disputed portion.
(b) Assigned Employees are presumed to be nonexempt from laws requiring premium pay for
overtime, holiday work, or weekend work. CES shall charge the City special rates for premium
work time only when an Assigned Employee's work on assignment to the City, viewed by itself,
would legally require premium pay and the City has authorized in writing, directed, or allowed
the Assigned Employee to work such premium work time. The City's special billing rate for
premium hours shall be the same multiple of the regular billing rate as CES is required to apply
to the Assigned Employee's regular pay rate. (For example, when federal law requires 150% of
pay for work exceeding 40 hours in a week, the City shall be billed at 150% of the regular bill
rate.)
(c) For the initial Assigned Employee, if the City desires to offer permanent employment,
directly employ, or use his or her services as an independent contractor, or through any person or
firm other than CES, during or within thirty (30) days after any assignment or aforementioned
use of services of the initial Assigned Employee, whichever is later, the City shall notify CES.
For all Assigned Employees after the initial Assigned Employee, if the City desires to offer
permanent employment, directly employ, or use his or her services as an independent contractor,
or through any person or firm other than CES, the City must make a request in writing to CES
for approval. If the Assigned Employee has been assigned to the City for less than 520 hours, the
City shall pay a conversion fee of a sum equal to 15% of the billed rate, times the remaining
hours to complete the Assigned Workers 520 hours. The City will pay no conversion fee after an
Assigned Worker has been assigned to the City for 520 hours.
If the CES Assigned Employee is hired as an employee, or provides services to the City as an
independent contractor or through a third party within six (6) months from the last day of work
through CES, without satisfying the above conditions, the City shall pay CES a conversion fee.
The fee is due regardless of whether the Assigned Employee works full time or part time. The
City shall not pay reasonable attorneys fees and costs for the collection of any conversion fee.
(d) In addition to the bill rates specified in of this agreement, the City shall not be required to pay
CES the amount of any new or increased labor costs associated with the City's Assigned
Employee that CES is legally required to pay such as wages, benefits, payroll taxes, social
program contributions, or charges linked to benefit levels.
5. Cooperation
The parties shall cooperate fully and shall provide assistance to the other party in the
investigation and resolution of any complaints, claims, actions, or proceedings that may be
brought by or that may involve the Assigned Employee.
6. Indemnification and Limitation of Liability
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(a) Except to the extent covered by a party's applicable workers' compensation policy, the
parties agree to indemnify and hold harmless one another, their officers, directors, employees
and agents, from and against all liabilities, claims, losses, judgments, costs and expenses,
excluding attorney's fees, resulting from claims and lawsuits brought against them as a result of
injury or death to persons or damage to property or any damage arising out of any rule or law
(statutory or common law) due to the unlawful, intentional, negligent or wrongful acts of the
other party or its representatives, supervisory personnel, managers, agents, employees, officers or
directors in direct proportion to the amount of negligent performance or negligent non-
performance attributed such party under this Agreement. CES further agrees to indemnify and
hold harmless the City for any and all costs, fees, fines, and penalties, incurred by the City under
the Immigration Reform and Control Act (IRCA) to the extent caused by CES's hiring practices,
employment or placement practices.
(b) The parties agree to indemnify and hold harmless one another and their officers, directors,
employees and agents, from and against all liabilities, claims, losses, judgments, costs and
expenses, excluding attorney's fees, resulting from any claims, complaints, charges, grievances,
and lawsuits brought against them to the extent resulting from the acts, errors, or omissions of
the other party relating to an Assigned Employee placed at the City. This agreement to indemnify
includes, without limitation, claims of employment discrimination, wrongful discharge, breach of
contract, harassment, retaliation, and any and all claims arising under any federal, state or local
constitution, statute, regulation, rule, ordinance, order, public policy, contract or common law,
including but not limited to Title VII of the Civil Rights Act of 1964, the Civil Rights Act of
1991, the Age Discrimination in Employment Act, the Americans with. Disabilities Act, the
National Labor Relations Act, the Fair Labor Standards Act, any state law pertaining to wages,
hours or child labor, or the payment of compensation earned, due and/or owing, the Employee
Retirement Income Security Act, and any local, state or federal laws as such laws are or have
been or will be amended.
(c) CES agrees to indemnify and hold harmless the City, its officers, directors, employees and
agents, from and against all liabilities, claims, losses, judgments, costs and expenses, including
attorney's fees, and all taxes and penalties, arising from CES's or any CES subcontractor's
failure to pay, timely and in full, any and all payroll or other taxes of any kind relating to any
employees of CES or any of its subcontractors, including but not limited to federal or state
income taxes, unemployment insurance contributions and Social Security contributions,
regardless of whether or not it is alleged or determined by any court, agency or other tribunal that
the City is deemed to be the employer or a joint or co-employer of any of the Assigned
Employees.
(d) The provisions of this agreement constitute the complete agreement between the parties with
respect to indemnification, and each party waives its right to assert any common-law
indemnification or contribution claim against the other party.
7. Miscellaneous
(a) Provisions of this agreement, which by their terms extend beyond the termination or
nonrenewal of this agreement, shall remain effective after termination or nonrenewal.
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(b) No provision of this agreement may be amended or waived unless agreed to in writing signed
by the parties hereto.
(c) Each provision of this agreement shall be considered severable, such that if any one provision
or clause conflicts with existing or future applicable law or may not be given full effect because
of such law, no other provision that can operate without the conflicting provision or clause shall
be affected.
(d) This agreement and any attachments to it contain the entire and sole agreement between the
parties regarding the subject matter hereof. There are no other oral, written or implied agreement
between the parties hereto regarding the subject matter hereof.
(e) The provisions of this agreement shall, and are intended to, inure to the benefit of and be
binding on the parties and their respective representatives, successors, and assigns.
(f) The failure of a party to enforce the provisions of this agreement shall not be a waiver of any
provision or the right of such party thereafter to enforce each and every provision of this
agreement.
(g) Any notice or other communication shall be deemed to be properly given only when sent via
the United States Postal Service or a nationally recognized courier, addressed as shown on the
first page of this agreement.
(h) Neither party shall be responsible for failure or delay in performance of this agreement if the
failure or delay is due to labor disputes, strikes, fire, riot, war, terrorism, acts of God, or any
other causes beyond the control of the nonperforming party.
8. Venue
Venue for the resolution of any disputes or the enforcement of any rights arising out of or in
connection with this agreement shall be in the Circuit Court of Kane County, Illinois.
9. Background Checks
At CES's sole expense, CES shall perform such background/qualification checks that it deems
reasonable or which is lawfully required for the assignment to the City and affirms that it shall
not assign unqualified personnel to the City.
10. Approval
The City shall have the continuing right to disapprove of the person designated as the Assigned
Employee by CES and to require a suitable replacement.
11. Guarantee
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CES warrants that the Assigned Employee that CES assigns to the City shall have the
qualifications the City requests. If the City finds any Assigned Employee's qualifications or
general work-related behavior lacking and so informs CES, CES shall make reasonable efforts to
replace the Assigned Employee immediately.
12. Insurance
CES shall provide the City certificates of liability insurance coverage and shall name the City as
an additional insured for CES' services.
13. Nature of Relationship
The services that CES shall render to the City under this agreement shall be as an independent
contractor. Nothing contained in this agreement shall be construed to create the relationship of
principal and agent, or employer and employee, between CES and the City. Neither CES nor any
personnel employed by, engaged by or affiliated with CES shall be considered as having
employee status at the City. The parties acknowledge that they are not entering into a joint
venture or partnership with each other, and neither party shall represent to a third party that it has
entered into such a joint venture or partnership.
14. Headings
The headings of the paragraphs of this agreement are inserted solely for the convenience of
reference. They shall in no way define, limit, extend, or aid in the construction of the scope,
extent, or intent of this agreement.
15. Contract Interpretation
The rule of construction that ambiguities in an agreement are to be construed against the drafter
shall not be invoked or applied in any dispute regarding the meaning of any provision of this
agreement.
16. Choice of Law
This agreement shall be governed by and construed in accordance with the laws of the State of
Illinois, without reference to any conflicts of law principles thereof.
17. Training
CES employees shall be oriented/trained in all safety, hazardous communication (MSDS
Information, etc.) and operational instructions by CES in the same manner as any employees or
as required by CES' policies or law including safety meetings, etc.
18. Safety Equipment
CES employees shall be required by the City to wear all appropriate safety equipment.
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19. Notice of Accident or Injury
CES shall be notified immediately in the event of an accident or injury of the Assigned
Employee. CES shall have access to the job site and Assigned Employees, for the purpose of
documentation, in the event of an accident.
20. Medical Treatment
CES shall coordinate and arrange for any appropriate medical treatment of the Assigned
Employee (unless it is an emergency) at a PPO or EPO (preferred or exclusive provider).
21. Intoxication
The City shall notify CES in the event the Assigned Employee acts intoxicated or in a suspicious
manner.
22. Report
A qualified representative of CES shall be allowed to obtain any report after an accident or injury
of the Assigned Employee to insure property disposition of possible claims.
23. Term of Agreement
This agreement shall terminate as of the earliest of(a) March 28, 2015; (b) the performance of
474 cumulative hours of work by Assigned Employees; or (c) the written termination of this
agreement by either party hereto.
24. Compliance with Law
Notwithstanding any other provision of this agreement, it is expressly agreed and understood that
in connection with the performance of this agreement, CES shall comply with all applicable
federal, state, city and other requirements of law, including, but not limited to, any applicable
requirements regarding prevailing wages, minimum wage, workplace safety and legal status of
employees. CES shall also, at its expense, secure all permits and licenses, pay all charges and
fees, and give all notices necessary and incident to the due and lawful prosecution of the work,
and/or the products and/or services to be provided for in this agreement.
CES will ensure that an Employment Eligibility Verification form (I-9) is properly completed for
each Assigned Employee assigned to the City. Further, unless prohibited by state or local law
CES will perform the E-Verify (or IMAGE) process for each employee assigned to the City and
will retain records of the verification. CES will comply with all local, state and Federal E-Verify
registration and compliance requirements and all local, state and Federal anti-discrimination laws
when administering E-Verify. CES will provide a letter certifying that it has and will continue to
comply with the verification requirements specified herein. CES will also retain I-9 and W-2
forms for all employees assigned to the City for the time period required under the law and make
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them available for audit and review by the City, upon reasonable notice. CES and the City agree
to cooperate with each other with regard any audits or investigations by a federal, state or local
governmental agencies.
25. Execution
This agreement may be executed in counterparts, each of which shall be an original and all of
which shall constitute one and the same agreement. For the purposes of executing this
agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be
treated in all manners and respects as an original document. The signature of any party on a
copy of this agreement transmitted by fax machine or e-mail shall be considered for these
purposes as an original signature and shall have the same legal effect as an original signature.
Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding
legal effect as an original document. At the request of either party any fax or e-mail copy of this
agreement shall be re-executed by the parties in an original form. No party to this agreement
shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever
waive such defense.
26. Interest
CES hereby waives any and all claims to interest on money claimed to be due pursuant to this
agreement, and any and all such rights to interest to which it may otherwise be entitled pursuant
to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act, as
amended (50 ILCS 505/I, el seq.), or the Illinois Interest Act, as amended (815 II.CS 205/1, el
seq.).
CITY OF ELGIN: BARR'S TEMPORARY SERVICE, INC.:
By: 11 . .11001.'....f4 I"" rs_C— By 7 /
City Manager ---
Attest: Name/Print: in.,
Title: fea
ity Clerk
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ATTACHMENT A
AUTOMOTIVE MECHANIC
GENERAL DEFINITION AND CONDITIONS OF WORK:
Under general supervision, performs skilled mechanical work in the repair and maintenance of
city vehicles and other equipment; diagnoses mechanical defects, repairs and reconditions gas
and diesel vehicles and equipment, tunes engines, and performs diversified preventive
maintenance.
This is medium work requiring the exertion of 80 pounds of force occasionally, up to 40 pounds
of force frequently, and up to 20 pounds of force constantly to move objects; work requires
climbing, stooping, kneeling, standing, walking, pushing, pulling, lifting, and grasping; vocal
communication is required for expressing or exchanging ideas by means of the spoken word;
hearing is required to perceive information at normal spoken word levels; visual acuity is
required for reading and preparing written or computer reports, visual inspection involving small
defects and/or small parts, use of measuring devices, operation of machines, and operation of
motor vehicles or equipment; the worker is subject to inside and outside environmental
conditions, noise, hazards, atmospheric conditions, and oils. Regular attendance is an essential
function of the position.
ESSENTIAL FUNCTIONS/TYPICAL TASKS:
Repairs and reconditions gas and diesel vehicles and equipment to include; automobiles, trucks,
snow plows, road construction and maintenance equipment, etc.; repairs and/or replaces motors,
engines, transmissions, carburetors, fuel injection, differentials, etc.; performs electrical and
hydraulic system repairs.
Tunes engines and performs diversified preventive maintenance of city vehicles and equipment;
checks operational systems; changes oil; greases moving parts; checks fluid levels; replaces
filters; changes tires; makes brake and clutch adjustments; and performs related activities for the
prevention, detection, and correction of existing and potential mechanical problems.
Diagnoses mechanical defects; operate or drive vehicles for testing and repair purposes, which
operation and/or driving shall not be permitted on public roads to locate operational problems
and check on repair and maintenance work before returning equipment to service; operates
diagnostic equipment for the detection of electrical system problems and defects.
Cuts, grinds, welds, and fabricates metal to fit the requirements of repair assignments. Provides
repair and maintenance of city vehicles and equipment. Prepares service records of preventive
maintenance, repair, and other activities as required; reports cases of apparent vehicle and
equipment negligence or abuse to supervisory personnel. Receives continued training in vehicle
and equipment maintenance and repair. Performs other duties as required or assigned.
KNOWLEDGE, SKILLS AND ABILITIES:
Requires extensive knowledge of garage methods, shop practices, and the techniques, tools, and
machinery used in vehicle and equipment maintenance and repair; Working knowledge of
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hydraulic system and controls; working knowledge of occupational hazards and precautionary
methods; working knowledge of computerized fuel, brake and ignition systems and the ability to
diagnose and repair same; ability to perform skilled maintenance and repair of diverse gas and
diesel vehicles and equipment; skill in the use, operation, and care of the tools and equipment
utilized in vehicle maintenance and repair; ability to determine the origin of malfunctions and
take appropriate action; ability to detect operational problems and/or the effectiveness of repairs
through the road testing of vehicles; ability to operate standard and computerized electrical
system diagnostic equipment; ability to cut, weld, grind, and fabricate parts as needed for repair
assignments; ability to respond quickly and efficiently to emergency vehicle servicing situations;
ability to prepare requisite service and activity records; ability to detect and report cases of
apparent vehicle and equipment abuse and/or neglect; ability to work independently in the
performance of physical labor; ability to employ precautionary measures and utilize safe work
methods; ability to receive continual on-the-job training; ability to communicate effectively both
orally and in writing; ability to establish and maintain satisfactory working relationship with
garage staff and other city personnel; ability to lift heavy snow plow blades for removal and
replacement. Demonstrative knowledge of the use and application of electronic mail systems.
EDUCATION AND EXPERIENCE:
Must have a High school diploma or a GED and five years of documented experience in the
maintenance and repair of both gas and diesel vehicles and equipment.
SPECIAL REQUIREMENTS:
Possession of a valid Illinois Class A CDL drivers license with air brake and tanker endorsement.
Requires ability to furnish own hand tools.
This is a class description and not an individualized job specification. The class description
defines the general character and scope of duties, responsibilities, and requirements of all
positions in one job classification,but is not totally restrictive or all inclusive.
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ATTACHMENT B
Benefits Waiver for Assigned Employee
Agreement and Waiver
In consideration of my assignment to City by CES, I agree that I am solely an employee of CES
for all purposes, including but not limited to pay, taxes and benefits, and that I am eligible only
for such benefits as CES may offer to me as its employee. I further understand and agree that I
am not eligible for or entitled to participate in or make any claim upon any benefit plan, policy,
or practice offered by City to any of their direct employees, regardless of the length of my
assignment to City by CES and regardless of whether I am held to be a common-law employee
of City for any purpose; and therefore, with full knowledge and understanding, I hereby
expressly waive any claim or right that I may have, now or in the future, to such benefits and
agree not to make any claim for such benefits.
EMPLOYEE WITNESS
Signature Signature
Printed Name Printed Name
Date Date
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