Loading...
HomeMy WebLinkAboutConsulting Agreement - Bruce Snyder - CAFR Preparationdim .0 1 F IL ir li ir --"— A. 1L Al- W�or 61 'ji • to WMENORKNw. CONSULTING AGREEMENT BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND BRUCE A. SNYDER THIS CONSULTING AGREEMENT (this "Agreement") is made effective January 22, 2018 (the "Effective Date"), 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 of Public Works ("City") and Bruce A. Snyder, a sole proprietor ("Contractor"). RECITALS WHEREAS, Bruce Snyder has extensive experience in governmental accounting, auditing and financial statement preparation having served over 37 years with the Indiana State Board of Accounts prior to his retirement in 2016; and WHEREAS, the City contracted with Bruce Snyder who provided services for the 2016 comprehensive annual financial report (CAFR) and other related accounting projects; and WHEREAS, the City desires to procure the services of Bruce Snyder to assist with the preparation of the 2017 comprehensive annual financial report (CAFR) and other related accounting projects; and WHEREAS, the City has determined that due to Bruce Snyder's experience and expertise, it is in the best interests of the City and the Department to obtain his services pursuant to the terms hereof. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the City and Contractor hereby agree as follows: TERMS Section 1. Duties of Contractor. Contractor shall provide the Services which are more particularly described at Exhibit A attached hereto and incorporated herein. Contractor shall execute its responsibilities by following and applying at all times the highest professional and technical guidelines and standards. Section .2. Consideration. Contractor will be paid for services performed as described in Exhibit A at the hourly rate of Fifty Dollars ($50.00) per hour. Contractor's services shall be billed to the City on a monthly basis through itemized invoices. City shall pay Contractor within 30 days from receipt of invoice. Contractor will be reimbursed for reasonable expenses for City business, including mileage to offsite work locations. Mileage to and from the County City Building from Contractor's home will not be reimbursed. Contractor's total services, including travel and other business expenses, shall not exceed the total sum of Fifteen Thousand Dollars ($15,000.00) for the calendar year 2017, unless the Agreement is amended with the approval of the Board of Public Works. Any payment that the City may deny, withhold, or delay shall not be subject to penalty or interest under IC 5-17-5, Section 3. Term and Termination. This Agreement shall be effective commencing on January 22, 2019 and shall terminate on December 31, 2018 (the "Termination Date"). The parties further agree that either party may terminate this Agreement at any time after the Effective Date upon sixty (60) days' written notice to the other party. Contractor will be paid for work performed prior to termination of the Agreement. Section 4. Assignment; Successors. 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. 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. Non -Disclosure of Confidential Information. In the course of providing consulting and other services under this Agreement, Contractor may receive highly sensitive confidential information of the City and/or third parties. Contractor acknowledges a fiduciary duty to maintain and strictly preserve all confidential information which Contractor may receive during the course of this Agreement. Section 7. Governing Law; Compliance with Laws. This Agreement shall be construed and interpreted according to the laws of the State of hrdiana. 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 laws 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 any federal, state, or local statute, ordinance, rule or regulation. Section 8. Relationship/Independent Contractor. Contractor is an independent contractor of the City and is not, and shall not be deemed to be, an employee of the City or the Department. Both Contractor and the City, in the performance of this Agreement, shall act in an independent capacity and not as agents, employees, partners, joint ventures 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. Contactor shall be solely responsible for providing all necessary unemployment and workers' compensation insurance for Contractor's employees. 2 Contractor is solely responsible for its compliance with federal, state, and local laws and regulations relating to taxes, Social Security, and Medicare 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 9. 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 understandings of any and every nature between them. This Agreement may be modified or amended only by a written instrument signed by both parties. Section 10. Funding Cancellation and Payments. In accordance with IC 36-1-12.5- 50)(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. Section 11. Non -Collusion and Acceptance. The undersigned attests, subject to the penalties for perjury, that she is the properly authorized representative, agent, member or officer of Contractor, that she has not, nor has any other member, employee, representative, agent or officer of 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 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. Contractor affirms under the penalties of pet jury that it does not knowingly employ an unauthorized alien. Contractor shall enroll in and verify the work eligibility status of all its newly hued employees through the E-Verify program as defined in IC 22-5-1.7-3. Contractor shall not knowingly employ or contract with an unauthorized alien. Contractor shall not retain an employee or contract with a person that Contractor subsequently learns is an unauthorized alien. Contractor is not required to participate in the E-Verify program should the E-Verify program cease to exist. Additionally, Contractor is not required to participate if Contractor is self-employed and does not employ any employees. Contractor shall require its subcontractors, who perform work under this contract, to certify to 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. Contractor agrees to maintain this certification throughout the duration of the tern of a contract with a subcontractor. 3 The City may terminate this Agreement if 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 ventures 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. 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 Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business Enterprise ("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 fiorm 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. 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. 4 EXHIBIT A Scope of Services 1. Provide assistance in the preparation of the 2017 Comprehensive Aruival Financial Report (CAFR). 2. Provide assistance in the preparation of the 2017 Schedule of Expenditures of Federal Awards (SEFA). 3. Provide assistance in the preparation and review of certain 2017 trial balance schedules including those for Waterworks, Century Center and the Industrial Revolving Fund. 4. Provide assistance, as needed, to the City task force that is currently evaluating internal controls in conjunction with the City of South Bend Common Council Ordinance No, 10482-16, dated November 28, 2016. 5. Provide assistance on other accounting and financial projects as authorized by the City Controller or Deputy City Controller Consideration In consideration of the professional services being offered, Bruce Snyder will be contracted for 300 hours at a rate of $50.00 per hour. The total contract shall not exceed fifteen thousand dollars ($15,000), unless amended with the approval of the Board of Public Works. d 0 � t)cw