HomeMy Public PortalAbout011-2019 - HR - Cynthia Holm - Lead Negotiation Specialist for the CityAGREEMENT FOR SERVICES
,z �
This Agreement is entered into this z6`g day of 2019,
by and between the City of Richmond, Indiana, through its Ward of Public Works &
Safety (hereafter "City") and Cynthia Holm (hereafter "Holm").
WITNESSETH:
WHEREAS, the City has the need to have a Lead Negotiation Specialist who will provide
advice, direction and assistance to the City with respect to services that shall
include, but shall not be limited to, leading the negotiation process for the
2019 negotiation cycle, working with City leadership to establish budget and
negotiation goals and guidelines, reviewing potential wants and needs with
management to establish effects of changes and possible improvements, and
maintaining a positive and productive relationship with all negotiating parties,
City leaders, and managers; and
WHEREAS, Holm is willing to serve in this capacity 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, Tuesday,
January 22, 2019, and ending December 31, 2019, 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;
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;
Contract No. 11-2019
2
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 hourly rate of Thirty Dollars and Zero Cents ($30.00) per
hour with the understanding that the total sum paid by the City to
Holm shall not exceed the total amount of Ten Thousand Dollars and
Zero Cents ($10,000.00) for satisfactory completion of this
Agreement. In the event this Agreement is terminated by either party
prior to December 31, 2019, 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 Lead Negotiation Specialist
for City.
C. DUTIES OF ENGAGEMENT
Holm shall serve as the Lead Negotiation Specialist for the City.
Holm is responsible for assisting the City administration and shall
provide advice, direction and assistance to the City with respect to
services that shall include, but shall not be limited to, leading the
negotiation process for the 2019 negotiation cycle, working with City
leadership to establish budget and negotiation goals and guidelines,
reviewing potential wants and needs with management to establish
effects of changes and possible improvements, and maintaining a
positive and productive relationship with all negotiating parties, City
leaders, and managers. Holm reports directly to Mayor David M.
Snow.
3
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 Lead Negotiation Specialist 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.
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 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
4
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
Y
Vicki Robinson, President
-�Dv. 27��
Richa d Foore, Member
Emily Palmer, Member
Approved by the Mayor this O �
City of Richmon Indiana
"HOLM"
By
Cynthia Ho
day of2019.
5
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 X day of , 2019.
(signa e)
Cynthia Holm
(printed name)