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HomeMy WebLinkAboutPSA - Anna Kennedy (2)1316 COUMv-CrrY BUILDING 227 W. JEFFERSON BUuLEVARD SOUM BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETS BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS December 22, 2016 Anna Kennedy 319 E LaSalle Ave, Apt 306E South Bend, IN 46617 RE: Professional Services Agreement Dear Ms. Kennedy: PHONE 574/235-9251 FAX 574/235-9171 The Board of Public Works, at its meeting held on December 22, 2016, approved the above referenced agreement for a variety of IT functions and tasks related to the City website, City branding, and Smart Cities Graphic Design fi-om January 1, 2017 to February 28, 2017, in the amount of $9,000. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to our office and retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure c: Santiago Garces, Innovation and Tech Penny Price, Innovation and Tech John Murphy, Admin and Finance GARY A. GILOT SUZANNA M. FRITZBERG ELIZABE'rH A. MARADIK JWL's A, MUELLER THERESE J. DORAU AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND ANNA KENNEDY THIS AGREEMENT is made effective the 22nd day of December, 2016 by and between the City of South Bend, Indiana, a municipal corporation organized and operating under the laws of the State of Indiana, acting by and through its Board Department of Administration and Finance ("City") and Anna Kennedy ("Contractor"). RECITALS WHEREAS, Contractor has experience and expertise in software architecture, computing frameworks, data modeling and software development that may prove beneficial to the City in these efforts; and WHEREAS, the City desires to retain the services of Contractor to develop a development framework and data models and Contractor is willing to assist the City in its efforts; and WHEREAS, the City has determined that due to Contractor's experience and expertise, it is in the best interests of the City to retain Contractor's services under the terms and conditions set forth in this Agreement. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the City and Contractor hereby agree as follows: Section 1. Duties of the Contractor. The Contractor shall provide the Services which are more particularly described at Exhibit 'A" attached hereto and incorporated herein. The Contractor shall execute its responsibilities by following and applying at all times the highest professional and technical guidelines and standards. Section 2. Consideration. The Contractor will be paid as set forth at Exhibit 'A4 The total consideration under this Agreement shall not exceed the sum of Nine Thousand dollars ($9,000.00). Any payment that the City may deny or withhold or delay shall not be subject to penalty or interest under Indiana Code § 5-17-5. Section 3. Term (and Renewal Option, if Applicable). This Agreement shall be effective for a period of 360 hours commencing on January 1, 2016 ("Effective Date") and shall end when the hours have expired, expected to be no later than February 28, 2016 ("Expiration Date"). The rate of pay shall be twenty-five ($25) dollars per hour. The Parties may mutually agree in writing to extend the term of this Agreement for an additional block of hours after the initial block of hours have been consumed or after the Expiration Date, subject to the same terms and conditions set forth in this Agreement unless otherwise mutually agreed by the Parties in writing. Section 4. Assignment; Successors. The Contractor shall not assign or subcontract the whole or any part of this Agreement without the prior written consent of the City. Section 5. Changes in Scope of Services. The Contractor understands and agrees that it shall not commence any additional work or change the scope of the Services provided unless authorized in writing by the City. No claim for additional compensation shall be made by Contractor in the absence of prior written approval of the Parties. Section 6. Governing Law; Compliance with Laws. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. The Contractor agrees to comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby are hereby incorporated herein by reference. Contractor shall comply with federal, state and local law in its hiring and employment practices and policies for any activity covered by this Agreement. Further, the City shall not be required to pay for Services that are inconsistent with or in violation of this Agreement nor for any Services performed in violation of federal, state or local statute, ordinance, rule or regulation Section 7. Relationship/Independent Contractor. Both parties, in the performance of this Agreement, shall act in an individual capacity and not as agents, employees, partners, joint venturers or associates of one another. The employee(s) or agent(s) of one party shall not be deemed or construed to be the employee(s) or agent(s) of the other party for any purpose whatsoever. Neither party will assume liability for any injury (including death) to any person(s), or damage to any property, arising out of the acts or omissions of the agents, employees or subcontractors of the other party. The Contractor shall be solely responsible for providing all necessary unemployment and workers' compensation insurance for the Contractor's employees. Contractor is solely responsible for compliance with federal, state and local laws and regulations relating to taxes and social security payments that may be required to be made in connection with the compensation provided under this Agreement. The City, however, may file informational returns with the United States Internal Revenue Service or similar state agency regarding payment made to Contractor in accordance with this Agreement under conditions imposed by federal, state or local laws applicable to such payment. The City shall provide IRS Form 1099, if applicable. Section 8. Entire Agreement. This Agreement sets forth the entire agreement and understanding between the Parties as to the subject matter hereof, and merges and supersedes all prior discussions; agreements, and understanding of any and every nature between them. Section 9. Funding Cancellation and Payments. In accordance with I.C. 36-1-12.5- 5(d)(4), payments by the City are subject to annual appropriation by its fiscal body. When the City makes a written determination that funds are not appropriated or otherwise available to support continued performance of this Agreement, this Agreement shall be cancelled. A determination by the City that funds are not appropriated or otherwise available to support continuation of the performance shall be final and conclusive. 2 Section 10. Termination. This Agreement may be terminated, in whole or in part, by the City whenever, for any reason, the City determines that such termination is in the best interest of the City. Termination shall be affected by delivery to the Contractor of a Termination Notice at least thirty (30) days prior to termination effective date, specifying the extent to which performance of services under which such termination becomes effective. The Contractor shall be compensated for performance prior to the notice date of termination but in no case shall total payment made to Contractor exceed the original Agreement price due on Agreement. No price increase shall be allowed on individual line items if canceled only in part. Section 11. Non -Collusion and Acceptance. The undersigned attests, subject to the penalties for perjury, that he/she is the Contractor, or that he/she is the properly authorized representative, agent, member or officer of the Contractor, that he/she has not, nor has any other member, employee, representative, agent or officer of the Contractor, directly or indirectly, to the best of the undersigned's knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of this Agreement other than that which appears upon the fact of this Agreement. Section 12. E-Verify. The Contractor affirms under the penalties of perjury that he/she/it does not knowingly employ an unauthorized alien. The Contractor shall enroll in and verify the work eligibility status of all his/her/its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The Contractor shall not knowingly employ or contract with an unauthorized alien. The Contractor shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. The Contractor is not required to participate in the E-Verify program should the E-Verify program cease to exist. Additionally, the Contractor is not required to participate if the Contractor is self-employed and does not employ any employees. The Contractor shall require his/her/its subcontractors, who perform work under this contract, 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 agrees to maintain this certification throughout the duration of the term of a contract with a subcontractor. The City may terminate for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. Section 13. Minority and Women's Enterprise Diversity Development. Persons, partnerships, corporations, associations, or joint venturers awarded a contract. by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, or disability that does not affect that person's ability to perform the work. c In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. Notwithstanding the foregoing, the award and performance of all City contracts shall comply with applicable federal, state, and local laws. Section 14. Non -Discrimination. The City of South Bend is committed to ensuring equality of opportunity and does not exclude, deny the benefit of, or otherwise subject any person to discrimination in any City program, service or activity on the basis of race, color, national origin, sex, age or disability. Contractor agrees to comply with and to act consistently with this policy in the performance of Contractor's duties. Section 15. Corporate Authority. The person signing on behalf of the Contractor represents that he/she has been duly authorized to execute this Agreement on behalf of the Contractor, and has obtained all necessary and applicable approvals to make this Agreement fully binding upon the Contractor after acceptance by the City. Section 16. Drug -Free Workplace. The Contractor hereby agrees to make a good faith effort to provide and maintain a drug -free workplace. The Contractor will give written notice to the City within ten (10) days after receiving actual notice that the Contractor or an employee of the Contractor within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. IN WITNESS WHEREOF, the Parties hereto, through their duly authorized representatives, have caused this Agreement to be executed as of the day and year first written above. The parties have read and understand the foregoing terms of this Agreement and do, by their respective signatures hereby agree to its terms. (Remainder ofpage intentionally left blank) 2 (Anna Kennedy Printed Name and Title Street Address Box City, State Zip Telephone Fax CITY OF SOUTH BEND, INDIANA BOARD OF S Gary Gi ot, President G �_ Ja es Mueller, Member Elizabeth Maradik, Member Therese Doran, MemKer Suzanna Fritzberg, Member ATTEST: i da Martin, Clerk EXHIBIT A Scope of Services 1. Provide assistance in design thinking for city services of Smart Cities projects 2. Provide consulting for design of city and Department of Innovation & Technology print and digital collateral 3. Provide assistance in the design and implementation of resident communication methodologies Consideration In consideration of the technical services being offered, Anna Kennedy will be contracted for 360 hours at a rate of $25 per hour. The total contract amount shall not exceed nine thousand dollars ($9,000) INTER -OFFICE MEMORANDUM Information Technologies Department 227 W Jefferson Blvd (574) 245-6000 TO: Board of Public Works, Linda Martin CC: Dan O'Connor, Michael Schmidt, George King, John Murphy FROM: Santiago Garces SUBJECT: Anna Kennedy Professional Services DATE: 12/15/16 Linda and Members of the Board - We are submitting for review and approval a professional services contract with Anna Kennedy. The professional services will be used for a variety of IT functions and tasks, mainly focused around graphic design. Projects will include the City Website, City Branding, and Smart Cities. The amount of the agreement is $9000 and will last from 1/1/17 through 2/28/17. Thank you. Santiago Garces, CIO BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 12-12-2016 Name Santiago Garces Department Innovation BPW Date 12-22-16 Phone Extension 7652 Legal ® Attorney Name Schmidt Controller ® Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ❑ Agreement L] Contract L] Proposal L] Addendum ® Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control I-1 Other: Company or Vendor Name Anna Ker New Vendor ® Yes MBEANBE Contractor ❑ MBE [ MBEAINBE Contractor Requested ❑ No Project Name Project Number Funding Source COIT Fund Professional Services Account No. 404-0672-415-31-06 Amount $ 9,000 Terms of Contract 1/1/2017 — 2/28/2017 Purpose/Description Design Professional Services ® Required Contractor's Certification Form Attached (Non - Amount of Increase Decrease Previous Amount Current Percent of Change: New Amount Total Percent of Change: Copy Original ® ❑ Sant ® ❑ Penr ® ❑ John io Garces Price No LJ If Yes, Approved by Purchasing WBE Yes Name of Company