HomeMy Public PortalAbout073-2013 - IUE - Management WorkshopAGREEMENT
THIS AGREEMENT made and entered into this day of AW 2013, and referred to
as Contract No. 73-2013 by and between the City of Richmond, In iana, a municipal corporation
acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City")
and Indiana University East, 2325 Chester Boulevard, Richmond, Indiana, 47374 (hereinafter
referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide the City of Richmond Human Resources Department with
services in connection with the "Managing Across the Generations" Workshop and Presentation to be
conducted from 9:00 a.m. to noon on Monday, May 20, 2013 for twenty (20) participants.
Contractor's quote is May 6, 2013, is attached hereto as Exhibit A and is hereby incorporated by
reference and made a part of this Agreement. Contractor agrees to abide by the same.
Should any provisions, terms, or conditions contained in any of the documents attached hereto as
Exlhibits, or in any of-the� documents incorporated by reference herein, conflict with any of the
provisions, terms, or conditions of this Agreement, this Agreement shall be controlling.
The Contractor shall furnish all labor, material, equipment, and services necessary for the proper
completion of all services. Contractor shall exercise the same degree of care, skill and diligence in
the performance of its services as is ordinarily possessed and exercised by a member of the same
profession, currently practicing, under similar circumstances. No other warranty, express or implied,
is included in this Agreement or in any drawing, specification, report, opinion or other instrument of
service, in any form or media, produced in connection with the services.
No work or 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); and
3. A purchase order has been issued by the Purchasing Department.
SECTION 11. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent Contractor and is not an employee or agent of the
City of Richmond. The Contractor shall provide, at its own expense, competent supervision of its
services.
Contract No. 73 -2013
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SECTION Ill. COMPENSATION
City shall pay Contractor the quoted amount of Three Hundred Dollars ($300.00) for the work
performed pursuant to this Agreement.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect until
May 20, 2013.
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 the Contractor to fulfill in a timely and proper manner its
obligations under this Agreement;
b. submission by the Contractor to the City of reports that are incorrect or incomplete in any
material respect;
G. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the grant funding to the City under which this Agreement is
made; or
e. 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 effective date by Contractor, but shall be relieved of any other responsibility herein.
This Agreement may also be terminated by either the City or the Contractor, 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.
SECTION V. INDEMNIFICATION
Contractor agrees to indemnify the City for any damage or injury to person or property or any other
claims which may arise from the Contractor's conduct or performance of this Agreement, either
intentionally or negligently, and whether on or off City premises; provided, however, that nothing
contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City,
its officers, agents, or employees.
SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall,
before commencing performance under this Agreement, provide the City a certificate of insurance, or
a certificate from the industrial board showing that the Contractor has complied with Indiana Code
Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore
subject to another state's worker's compensation law, Contrauor may choose to comply with all
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provisions of its home state's worker's compensation law and provide the City proof of such
compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law.
SECTION VII. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -Contractor, or any person acting on
behalf of Contractor or any sub -Contractor 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.
B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
That in the hiring of employees for the performance of work under this Agreement of
any subcontract hereunder, Contractor, any subcontractor, or any person acting on
behalf of Contractor or any sub -contractor, shall not discriminate by reason of race,
religion, color, sex, national origin or ancestry against any citizen of the State of
Indiana who is qualified and available to perform the work to which the employment
relates;
2. That Contractor, any sub -contractor, or any person action on behalf of Contractor
or any sub -contractor shall in no manner discriminate against or intimidate any
employee hired for the performance of work under this Agreement on account of
race, religion, color, sex, national origin or ancestry;
3. That there may be deducted from the amount payable to Contractor by the City
under this Agreement, a penalty of five dollars ($5.00) for each person for each
calendar day during which such person was discriminated against or intimidated
in violation of the provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by the City and all monies
due or to become due hereunder may be forfeited, for a second or any subsequent
violation of the terms or conditions of this section of the Agreement.
C. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION VIII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS
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
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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.
SECTION VIII. 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 City determines during the course of this Agreement that
this certification is no longer valid, City 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 City that the Contractor has ceased investment activities in Iran
within ninety (90) days after the written notice is given to the Contractor, 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 Contractor in the manner set forth in IC 5-22-16.5, the City 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.
SECTION IX. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents
of the same from all liability for negligence which may arise in the course of Contractor's
performance of its obligations pursuant to this Agreement.
SECTION X. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of its
rights or obligations hereunder without the prior written consent of the other party. It shall be
controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It
constitutes the entire Agreement between the parties, although it may be altered or amended in whole
or in part at any time by filing with the Agreement a written instrument setting forth such changes
signed by both parties.
This Agreement may be simultaneously executed in several counterparts, each of which shall be an
original and all of which shall constitute but one and the same instrument.
The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising
under this Contract, if any, must be filed in said courts. The parties specifically agree that no
arbitration or mediation shall be required prior to the commencement of Iegal proceedings in said
Courts.
Any person executing this Contract in a representative capacity hereby warrants that he has been duly
authorized by his or her principal to execute this Contract.
In the event of any breach of this Agreement by Contractor, and in addition to any other damages or
remedies, Contractor shall be liable for all costs incurred by City due to the enforcement of this
Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit is filed.
In the event that an ambiguity or question of intent or a need for interpretation of this Agreement
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arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or
burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the
provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the
day and year first written above, although signatures may be affixed on different dates.
"CITY"
THE CITY OF RICHMOND,
INDIANA BY AND THROUGH ITS Board
of Public Works and Safety
JJ
By:
Vicki Robinson, President
1
By: 9A�
�o
ember
n, Member
Anthony L.-�� �- �-
Date: �'"li�-0
APPROVED: 'Azzd
Sarah L. Hutton, Mayor
Date:��441
"CONTRACTOR"
INDIANA UNIVERSITY EAST
2325 Chester Boulevard
Richmond, IN 47374
By: r L
r. redr" Jo ner
Date: 6
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CENTER FOR
LEADERSHIP
DEVELOPMENT
INDIANA UNIVERSITY EAST
Schaol or B6siness and Economics
To: Sue Roberson
City of Richmond
50 North 51h Street
Richmond IN 47374
EXH113IT_j\ PAGE, OF I
May 5, 2013
Proposal to the City of Richmond
Workshop: "Managing Across the Generations"
From: Dr. Fredricka Joyner
IU Cast School of Business and Economics
2325 Chester Boulevard
Richmond IN 47374
Proposed Date: Monday, May 20, 2013
9:00 am — noon
Cost: $300 for 20 participants (Includes handouts for each participant)
Location/room to be provided by the City of Richmond
*Please note that the Presenter will be using a PowerPoint presentation during the workshop and will,
therefore, need equipment provided far that.
Workshop:
"Managing Across the Generations':
For the first time in history, there are four generations working side by side in the workplace. Each generation has some unique
characteristics — differing cultural influences, expectations, work -related values, and needs. This session will provide an overview
of the important differences among these generations and provide clues to effectively managing each group. Upon completion
of this session, participants will be able to:
• Describe the importance of leveraging the generational diversity present in today's workplace.
• identify key characteristics of the four generations in the workplace.
• Recognize implications of these generational differences in the workplace.
• Apply practical strategies for working successfully in a multi -generational workforce.
Presenter:
The workshop will be presented by Fredricka Joyner, associate professor and director of the IU East Center for Leadership
Development and the Master's in Management program. Joyner has over three decades of business experience, providing
leadership, organization, and community development consulting services to a diverse client fist that includes manufacturing
and service organizations, professional practices, health and education coalitions, non -profits, government departments, and
social service agencies.
over the past five years, Joyner has provided training and consulting services related to managing across the generations. She
has also designed and delivered a four -day leadership development curriculum to almost 2,000 managers in a global Fortune 500
company. Most recently, she has been providing intensive executive coaching to high potential managers who have been tasked
with expanding into international markets.
Joyner earned her Masters in organization Management from Antioch University and her Ph.D. in Community Formation from
the Union Institute.