HomeMy Public PortalAbout121-2009 - Engineering - Joseph P. Buckler Employment AgreementAGREEMENT FOR ENGINEERING SERVICES
This Agreement is entered into this 27th day of _August_, 2009, by and between the
City of Richmond, Indiana, through its Board of Public Works & Safety (hereafter "City") and
Joseph P. Buckler (hereafter 'Buckler").
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 Buckler 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 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 August 25, 2009, and ending
December 31, 2010. 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 Buckler 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 Buckler to the City that is incorrect, incomplete, or does not meet reasonable
professional standards in any material respect;
Contract No. 121-2009
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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 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 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 Buckler. In the event this Agreement is terminated
by either party prior to December 31, 2010, 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
1. Buckler shall serve as an engineering consultant in the Department 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 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 Buckler the following support services and facilities to better
enable Buckler 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;
b) Computer, e-mail access, word processing software (Microsoft Word 95 or a
more recent version), CAD software, telephone, facsimile service and the
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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, 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.
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
ByS/S Vicki Robinson
Vicki Robinson, President
S/S Dian Lawson
Dian Lawson, Member
S/S Mary Jo Flood
Mary Jo Flood, Member
"BUCKLER"
5757 Fouts Road
Richmond, IN 47374
By S/S Joseph P. Buckler
Joseph P. Buckler
Approved by the Mayor this 28th day of _August_, 2009.
S/S Sarah L. Hutton
Sarah L. Hutton, Mayor