HomeMy Public PortalAbout197-2010 - Engineering - Joe Buckler - Employment AGREEMENT FOR 2011.docAGREEMENT FOR ENGINEERING SERVICES
This Agreement is entered into this 16th day of _December_____, 2010, 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 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 January 1, 2011, and ending December 31, 2011. 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 2012 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. 197-2010
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;
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, 2011, 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:
Office space for use at the Department of Public Works and Engineering in the City Building;
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;
Use and support of a secretary for the Department of Public Works and Engineering.
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" "BUCKLER"
City of Richmond, Indiana, through 5757 Fouts Road
its Board of Public Works & Safety Richmond, IN 47374
By S/S Vicki Robinson __ By S/S Joseph P. Buckler
Vicki Robinson, President Joseph P. Buckler
S/S Dian Lawson __
Dian Lawson, Member
S/S Mary Jo Flood __
Mary Jo Flood, Member
Approved by the Mayor this day
of _________________, 2010.
S/S Sarah L. Hutton
Sarah L. Hutton, Mayor