HomeMy Public PortalAbout014-2008 - Engineering - James Clark - Employment AgreementAGREEMENT FOR ENGINEERING SERVICES
This Agreement is entered into this 17th day of January, 2008, by and between the
City of Richmond, Indiana, through its Board of Public Works & Safety (hereafter
"City") and James Clark (hereafter "Clark").
WITNES SETH:
WHEREAS, the City has the need, in addition to services provided by the Department
of Public Works and Engineering, to retain specialized engineering
services and assistance to said City department, due to an unfilled vacancy
in the department; and
WHEREAS, the parties believe that Clark can provide the necessary services to the
Department 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 Clark 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 7, 2008, and
ending January 6, 2009. 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 Clark to fulfill in a timely manner his
obligations under this Agreement;
b. submission of a report, other work product, or advice, whether oral or
written, by Clark to the City that is incorrect, incomplete, or does not meet
reasonable professional standards in any material respect;
Contract No. 14-2008
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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 Clark, 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, Clark shall
be paid the sum of Fifteen Dollars and Sixty -Three Cents ($15.63)
per hour for a maximum of Twenty -Four (24) hours of work per
week, with said hours and days of work to be determined by the
Director of Public Works and Engineering and Clark. In the event
this Agreement is terminated by either party prior to January 6,
2009, as provided herein, this sum shall be pro -rated to the date of
termination. All invoices for services hereunder shall be submitted
by Clark in the name of Clark, and reported for state and federal
tax reporting purposes under the federal tax identification number
of Clark.
C. DUTIES OF ENGAGEMENT
1. Clark shall serve as an engineering consultant in the Department of
Public Works and Engineering for the City. In such capacity,
Clark shall be supervised by, and report to, Director Greg Stiens.
The duties of Clark shall include, but not be limited to, computer
aided design and inspection work for the Department 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 Clark the following support services and facilities to
better enable Clark to provide the services contemplated by this
Agreement:
a) Office space for use at the Department of Public Works and
Engineering in the City Building;
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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 and support of a secretary for the Department of Public Works
and Engineering.
d) Use of a City vehicle when specifically authorized.
F. PROHIBITION AGAINST DISCRIMINATION
Pursuant to Indiana Code 22-9-1-10, Clark or any person acting on behalf
of Clark 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.
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
By S/S Vicki Robinson
Vicki Robinson, President
S/S Dian Lawson
Dian Lawson, Member
S/S Mary Jo Flood
Mary Jo Flood, Member
"CLARK"
By S/S James Clark
James Clark
Approved by the Mayor this 18th day of January, 2008.
S/S Sarah L. Hutton
Sarah L. Hutton, Mayor