The URL can be used to link to this page

Home My Public Portal About156-2017 - Joe Buckler - EngineeringAGREEMENT FOR ENGINEERING SERVICES This Agreement is entered into this Z?2� day of, 2017, by and between the City of Richmond, Indiana, through its Board of Public Works & Safety (hereafter "City") and Joseph P. Buckler (hereafter 'Buckler"). WITNESSETH: WHEREAS, The City has the need, in addition to services provided by the Division of Public Works and Engineering, to retain specialized engineering services and assistance to said City division, due to an unfilled vacancy in the division; and WHEREAS, The parties believe that Buckler can provide the necessary services to the Division of Public Works and Engineering as requested and authorized by its Director; and WHEREAS, The City, through its Board of Public Works, desires to enter into a contract for the purchase of engineering services from Buckler 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 January 1, 2018, and ending December 31, 2018. Notwithstanding such term, either party may terminate, for any reason, this Agreement prior to such time, with fourteen (14) days prior written notice. The City shall retain an option to renew, upon the same terms and conditions, for the 2019 calendar year. 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 Buckler to fulfill in a timely manner his obligations under this Agreement; Contract No. 156-2017 b. submission of a report, other work product, or advice, whether oral or written, by Buckler 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 Buckler, 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 1. In consideration for the services to be provided herein, Buckler shall be paid the sum of Twenty-three Dollars and Thirty-six Cents ($23.36) per hour for a maximum of Twenty (20) hours of work per week, with said hours and days of work to be determined by the Director of Public Works and Engineering and Buckler. In the event this Agreement is terminated by either party prior to December 31, 2018, as provided herein, this sum shall be pro -rated to the date of termination. All invoices for services hereunder shall be submitted by Buckler in the name of Buckler, and reported for state and federal tax reporting purposes under the federal tax identification number of Buckler. C. DUTIES OF ENGAGEMENT Buckler shall serve as an engineering consultant in the Division of Public Works and Engineering for the City. In such capacity, Buckler shall be supervised by, and report to, Director Greg Stiens. The duties of Buckler shall include, but not be limited to, computer aided design and inspection work for the Division of Public Works and Engineering, and such other matters as may be assigned by the Director of Public Works and Engineering. D OBLIGATIONS OF CITY TO PROVIDE SUPPORT SERVICES City shall provide Buckler the following support services and facilities to better enable Buckler to provide the services contemplated by this Agreement: Page 2 of 4 a) Office space for use at the Division of Public Works and Engineering in the City Building; b) Computer, e-mail access, word processing software (Microsoft Word 95 or a more recent version), CAD software, 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 of a City vehicle when specifically authorized. E. PROHIBITION AGAINST DISCRIMINATION Pursuant to Indiana Code 22-9-1-10, Buckler or any person acting on behalf of Buckler 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. F. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Buckler 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 (if applicable). Buckler 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, Buckler shall provide to the City his signed Affidavit affirming that Buckler is not an unauthorized alien and/or does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Buckler violates IC 22-5- 1.7 Buckler shall be required to remedy the violation not later than thirty (30) days after the City notifies Buckler of the violation. If Buckler fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Buckler 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. Page 3 of 4 G. IRAN INVESTMENT Pursuant to Indiana Code (IC) 5-22-16.5, Buckler certifies that he is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Buckler in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Buckler fails to demonstrate to the City that Buckler has ceased investment activities in Iran within ninety (90) days after the written notice is given to Buckler, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Buckler in the manner set forth in IC 5-22-16.5, the City reserves the right to consider Buckler 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" 'BUCKLER" City of Richmond, Indiana, through 5757 Fouts Road its Board of Public Works & Safety Richmond, IN 47374 By By Vicki Robinson, President Joseph . Buckler Richard oo- Member - /1k WoMember Approved by the Mayor this day of ov ewn�, &Z — , 2017. avid M. Snow, Page 4 of 4