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HomeMy WebLinkAboutProfessional Services Agreement - Matthew Sisk - GIS Review and Oversite1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1930 Matthew Sisk 723 Park Ave. South Bend, IN 46616 q U 6161 , 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS May 14, 2019 RE: Professional Services Agreement Dear Mr. Sisk: PHONE 574/235-9251 FAX 574/235-9171 The Board of Public Works, at its meeting held on May 14, 2019, approved the above referenced agreement regarding GIS system and architecture review, oversite in GIS enhancements and collector application deployment and knowledge transfer in the amount not to exceed $30,000 ($60/hourly). 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 GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND Matthew L. Sisk THIS AGREEMENT is made the 141h day of May, 2019 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 for the benefit of its Department of Innovation and Technology ("City") and Matthew L. Sisk, an Indiana resident ("Contractor"), and each a "Party" and together the "Parties". RECITALS WHEREAS, Contractor has experience and expertise in software architecture, Esri's ArcGIS suite of software and architecture mapping software for government that may prove beneficial to the City; and WHEREAS, the City desires to retain the services of Contractor to engage with our Application Development team in support a GIS System and Architecture review, oversite in GIS enhancements and Collector Application Deployment and knowledge transfer 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 in Exhibit A attached hereto and incorporated herein. The Contractor shall execute his 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 A. The total consideration under this Agreement shall not exceed the sum of Thirty Thousand Dollars ($30,000). 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 commencing on May 14, 2019 ("Effective Date") and shall end on the date when the Contractor has spent five hundred (500) hours in rendering the Services to the City (the "Expiration Date"), expected to be no later than April 30, 2020. 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 he 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 his 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 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. The Contractor shall be solely responsible for providing all necessary unemployment and workers' compensation insurance for the Contractor's employees, if any. 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. Confidentiality. The Contractor acknowledges that information which the City regards as confidential or proprietary in nature (the "Information"), may come to the knowledge of the Contractor during the Contractor's performance of services. The Contractor shall treat the Information as strictly confidential and agrees that the Contractor will not, at any time or in any manner, either directly or indirectly, (i) use, or allowed to be used, any Information for the Contractor's own benefit or the benefit of any director, official, employee, or agent or any third party, or (ii) divulge, disclose, or communicate in any manner any Information to any third party without the written consent of the City. The Contractor shall be responsible for maintaining 2 the confidentiality of any Information in his possession, including taking appropriate measures to secure said Information against such uses and dissemination and to inform any person to which he allows to access such information of its confidentiality. Notwithstanding anything to the contrary contained in this Agreement, the Parties will adhere to their respective obligations under the Indiana Access to Public Records Act, and nothing herein will be construed to relieve either Party of such obligations. The confidentiality provisions of this Agreement remain in full force and effect after, and survive the termination of, the Term of this Agreement. Section 9. Entire Agreement; Amendment. 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. This Agreement may be amended only by separate writing, signed by authorized representatives of both the Contractor and the City. Section 10. 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. Section 11. 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. Section 12. Non -Collusion and Acceptance. The undersigned attests, subject to the penalties for perjury, that he is the Contractor, that he has not, nor has any 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 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. The Contractor agrees, as a condition precedent to the effectiveness of this Agreement, that he will execute and submit to the City and any other appropriate bodies an affidavit in the form attached hereto as Exhibit B. Section 13. 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 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. 3 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 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 14. Minority and Women's Enterprise Diversity Development. Persons, 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. Notwithstanding the foregoing, the award and performance of all City contracts shall comply with applicable federal, state, and local laws. Section 15. Equal Opportunity; Non -Discrimination; Compliance. The Contractor shall comply with all applicable laws and regulations in his hiring and employment practices and policies for any activity covered by this Agreement. The Contractor shall comply with all state, federal, and municipal laws, regulations, and standards applicable to its activities pursuant to this Agreement including, but not limited to, the requirements imposed by Ind. Code 22-9-1-10 (non- discrimination), the provisions of Ind. Code 5-22-16.5 (disqualification for dealings with the government of Iran), and the provisions of Ind. Code 22-5-1.7 (requiring E-Verify for new employees and prohibiting employment of unauthorized aliens). Each of the foregoing provisions is incorporated herein as if set forth in full, and the Contractor certifies that he is in compliance with each such provision and shall remain in compliance through the term of this Agreement. 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. Section 17. Counterparts. This Agreement may be executed in counterparts, all of which shall be deemed originals. Section 18. Governing Law; Jurisdiction; Compliance with Laws. This Agreement shall be construed and interpreted according to the laws of the State of Indiana without regard to conflicts of laws statutes. Any dispute arising under the terms of this Agreement shall be filed in any court of competent jurisdiction in St. Joseph County, 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 4 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 19. Indemnification of City. The Contractor hereby agrees to defend, indemnify, and hold harmless the City, its officials, employees, and agents from any and all claims of any nature which arise from the performance by the Contractor under this Agreement and from all costs and attorney fees in connection therewith, excepting for claims arising out of the negligence of the City, its officials, directors, employees, and agents. The obligations of the Contractor under this section shall survive the termination of this Agreement. Section 20. Work Product; Ownership. Any and all work product submitted by the Contractor to the City as part of the Contractor's performance of the Services will become the exclusive property of the City, and the City will have the right to use and reproduce copies of the Contractor's work product as the City determines in its sole discretion without compensation to the Contractor except the compensation expressly provided for in this Agreement. Section 21. No Waiver. No failure or delay on the part of either Party in exercising any right under this Agreement will operate as a waiver of, or impair, any such right. No single or partial exercise of any such right will preclude any other or further exercise thereof or the exercise of any other right. No waiver of any such right will have effect unless given in a written document signed by the Party waiving such right. No waiver of any right will be deemed a waiver of any other right hereunder. 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. Matthew L. Sisk, an individual CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC CVO I+S Signature ......._........... _ _....—---------- iaryirilot, Presidnt G, Rra O'Sullivan. Member Elizabeth Maradikk, Member Therese Dorau, Member 5 Genevieve Miller, Member ATTEST: L 4&"��a r in a Mar , Clerk F,XHIRIT A Scope of Services 1. Engage with our Application Development team to support a GIS System and Architecture review 2. Oversee GIS enhancements and Collector Application Development and Deployment 3. GIS Knowledge transfer and support as needed 4. GIS Knowledge transfer and support as needed Consideration In consideration of the technical services being offered, Matthew L. Sisk will be contracted for up to 500 hours at a rate of $60 per hour. The total contract amount shall not exceed Thirty Thousand dollars ($30,000) EXHIBIT B Contractor's Affidavit [See attached.] INTER -OFFICE MEMORANDUM r N Department of Innovation & Technology City of South Bend 227 W Jefferson Blvd J865 TO: Board of Public Works, Linda Martin CC: Denise Riedl FROM: Daniel O'Connor SUBJECT: Matthew L. Sisk Professional Services Agreement DATE: 05/14/2019 Linda and Members of the Board, We are submitting for approval and signing an agreement for professional services with Matthew L. Sisk. Innovation & Technology desires to retain the services of Matt to engage with our Application Development team in support a GIS System and Architecture review, oversite in GIS enhancements and Collector Application Deployment and knowledge transfer. The total cost of this Professional Service agreement is not to exceed 500 hours at an hourly rate of $60 ($30,000). This agreement will begin May 14, 2019 and end with the use of 500 hours or April 30, 2020. Thank you for your review and consideration, Daniel R. O'Connor, III BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 05/02/2019 ................ _. __ _....._... ......._. Department Innovation & Name Daniel R O'Connor Technolo BPW Date 05/14/2019 Phone Extension 6201 Required Prior to Submittal to Board BPW Attorney Attorney Name Clara McDaniels Dept. Attorney Attorney Name Sandra penned Purchasing ® Michael Schmidt Check the Appropriate Item Type -. Professional Services Agreement Contract ❑ Open Market Contract ❑ Amendment/Addendum Bid Opening ❑ Bid Award Quote Opening ❑ Quote Award Proposal Opening ❑ C/O & PCA No. ❑ Chg. Order, No. ❑ Traffic Control ❑ Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Information All Submissions H Proposal E Special Purchase, QPA Req. to Advertise ❑ Reject Bids/Quotes ❑ PCA Resolution Ease./Encroach ❑ Title Sheet Matthew L. Sisk ® Yes ® If Yes, Approved by Purchasing No �� WBE Completed E-Verify Form Attached ❑❑ Nos Matthew L. Sisk NTE Professional Services Contract IT Professional Services 279-0672-415.31-06 279-0672-415.31-06 Amount NTE 500 hours @ $60\Hour ($30,000) Terms of Contract NTE $30�000 May 2019 through Aril 2020 Purpose/Description Retain the services of Matt to engage with our Application Development team in support GIS System and Architecture review, oversite in GIS enhancements and Collector Application Deployment and knowledge transfer. For Change Orders Only Amount of ❑ Increase $ Decrease$ Previous Amount $ ... _................................................................................................ .._ .._ _ ....—_____. ._____-_____________ Increase /o Current Percent of Change: Decrease ( %) New Amount $ Increase % Total Percent of Change: Decrease ................... _....................._...... _.. Time Extension Amount: New Completion Date: