HomeMy Public PortalAbout114-2016 - HR - Cynthia Holm - Interim Human Resource DiretorAGREEMENT FOR SERVICES
This Agreement is entered into this day of September, 2016, by and between
the City of Richmond, Indiana, through its Board of Public Works & Safety
(hereafter "City") and Cynthia Holm (hereafter "Holm").
WITNESSETH:
WHEREAS, the City has the need to have an Interim Human Resources Director for its
Human Resources Department who will, among other things, provide
services, advice, direction and assistance to the City with respect to the
duties and work of the Human Resources Department; and
WHEREAS, Holm is willing to serve as Interim Human Resources Director for the
City; and
WHEREAS, the parties believe that Holm can provide the necessary services to City;
and
WHEREAS, the City, through its Board of Public Works & Safety, desires to enter into
a contract for the purchase of services from Holm as set forth below.
NOW, THEREFORE, in consideration of the terms and conditions contained herein,
including the above stated recitals, the parties agree as follows:
A. TERM OF AGREEMENT
This Agreement shall be for a period beginning, and retroactive to,
September 26, 2016, and ending December 31, 2016, and may be
extended by mutual agreement on a period to be subsequently determined.
Notwithstanding such term, either party may terminate, for any reason,
this Agreement prior to such time, with fourteen (14) days prior written
notice.
Notwithstanding the term of this Agreement, City may terminate this
Agreement in whole or in part, for cause, at any time by giving at least
five (5) working days written notice specifying the effective date and the
reasons for termination which shall include but not be limited to the
following:
a. failure, for any reason of Holm to fulfill in a timely manner her
obligations under this Agreement;
Contract No. 114-2016
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b. submission of a report, other work product, or advice, whether oral or
written, by Holm to the City that is incorrect, incomplete, or does not meet
reasonable professional standards in any material respect;
c. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make
payment for all work performed prior to the date this Agreement is
terminated, but shall be relieved of any other responsibility herein.
This Agreement may also be terminated by either the City or Holm, in
whole or in part, by mutual Agreement setting forth the reasons for such
termination, the effective date, and in the case of partial termination, the
portion to be terminated.
B. COMPENSATION
In consideration for the services to be provided herein, Holm shall
be paid the sum of Two Thousand Thirty -Two Dollars ($2,032.00)
every two weeks for Eighty (80) hours of work in each two week
period. In the event this Agreement is terminated by either party
prior to December 31, 2016, as provided herein, this sum shall be
pro -rated to the date of termination. All invoices for services
hereunder shall be submitted by Holm in the name of Holm, and
reported for state and federal tax reporting purposes under the
federal tax identification number of Holm.
In addition to the financial remuneration set forth above, the City
shall reimburse Holm for her personal cost of professional liability
insurance ("errors and omissions") she takes out during the term of
this Agreement to cover her position as Interim Human Resources
Director for City.
C. DUTIES OF ENGAGEMENT
Holm shall serve as Interim Human Resources Director for the
Human Resources Department for the City.
Holm is responsible for managing and assisting all city
departments and Department Heads with personnel functions and
she oversees management of benefits programs for city personnel.
The benefit programs include health, life, employee
assistance/behavioral health, worker's compensation,
unemployment, short-term and long-term disability, retirement,
and deferred compensation. Holm also oversees management of
Stop/Loss/Property insurance for city fixed assets.
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Holm shall supervise all employees and volunteers in the Human
Resources Department. Holm reports directly to Mayor David M.
Snow.
D. OBLIGATIONS OF CITY TO PROVIDE SUPPORT SERVICES
City shall provide Holm the following support services and facilities to
better enable Holm to provide the services contemplated by this
Agreement:
a) Office space for the use of Human Resources Interim Director at the
City Building;
b) Computer, e-mail access, word processing software (Microsoft Word
95 or a more recent version), telephone, facsimile service and the
usual and customary office equipment and supplies of comparable
quality as those other offices housed in said City Building;
c) Use and support of a secretary for the Human Resources Department.
E. PROHIBITION AGAINST DISCRIMINATION
Pursuant to Indiana Code 22-9-1-10, Holm or any person acting on behalf
of Holm shall not discriminate against any employee or applicant for
employment to be employed in the performance of this Agreement, with
respect to hire, tenure, terms, conditions or privileges of employment or
any matter directly or indirectly related to employment, because of race,
religion, color, sex, disability, national origin, or ancestry.
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance;
2. The City is in receipt of any required affidavit signed by Contractor
in accordance with Indiana Code 22-5-1.7-11(a)(2), which Affidavit is
attached hereto and incorporated herein as Exhibit "A"; and
3. A purchase order has been issued by the Purchasing Department.
.........................................................................
F. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM EQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify
the work eligibility status of all newly hired employees of the contractor through
the Indiana E-Verify program. Contractor is not required to verify the work
eligibility status of all newly hired employees of the contractor through the
Indiana E-Verify program if the Indiana E-Verify program no longer exists.
Prior to the performance of this Agreement, Contractor shall provide to the City
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its signed Affidavit affirming that Contractor does not knowingly employ an
unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event
Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the
violation not later than thirty (30) days after the City notifies the Contractor of
the violation. If Contractor fails to remedy the violation within the thirty (30)
day period provided above, the City shall consider the Contractor to be in breach
of this Agreement and this Agreement will be terminated. If the City determines
that terminating this Agreement would be detrimental to the public interest or
public property, the City may allow this Agreement to remain in effect until the
City procures a new contractor. If this Agreement is terminated under this
section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to
the City for actual damages.
G. IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is
not engaged in investment activities in Iran. In the event Board determines
during the course of this Agreement that this certification is no longer valid,
Board shall notify Contractor in writing of said determination and shall give
contractor ninety (90) days within which to respond to the written notice. In the
event Contractor fails to demonstrate to the Board that the Contractor has ceased
investment activities in Iran within ninety (90) days after the written notice is
given to the Contractor, the Board may proceed with any remedies it may have
pursuant to IC 5-22-16.5. In the event the Board determines during the course of
this Agreement that this certification is no longer valid and said determination is
not refuted by Contractor in the manner set forth in IC 5-22-16.5, the Board
reserves the right to consider the Contractor to be in breach of this Agreement
and terminate the agreement upon the expiration of the ninety (90) day period set
forth above.
In Witness Whereof, the parties execute this agreement as of the date first set forth above.
"CITY"
City of Richmond, Indiana, through
its Board of Public Works & Safety
"INTERIM HUMAN SERVICES
DIRECTOR"
By
nthia Holm
Approved by the Mayor this day of2016.
Oc —T �
l
ftv,-Tk. Snow, M r
City of Richmond, fndiana
EXHIBIT "A"
Affidavit of Employment Eligibility Verification
The Contractor, Cynthia Holm, affirms under the penalties of perjury that Contractor does
not knowingly employ an unauthorized alien. If Contractor is self-employed and does not
employ any employees, Contractor verifies she is a United States citizen or qualified alien.
The Contractor has not knowingly employed or contracted with an unauthorized alien and
shall not retain an employee or contract with a person that the Contractor subsequently learns
is an unauthorized alien.
The Contractor has required Contractor's subcontractors to certify to the Contractor that the
subcontractor does not knowingly employ or contract with an unauthorized alien and that the
subcontractor has enrolled and is participating in the E-Verify program. The Contractor will
maintain this certification throughout the duration of the term of a contract with a
subcontractor.
I hereby verify under the penalty of perjury that the foregoing statement is true.
Dated this 4 day of September, 2016.
ign
re)
Cynthia Holm
(printed name)