HomeMy WebLinkAboutProfessional Services Agreement - South Bend Code Works LLC - Development of City 311 Portal1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND. INDIANA 46601-1930
June 11, 2019
Alex Sejdinaj
South Bend Code Works LLC
635 S. Lafayette Blvd.
South Bend, IN 46601
RE: Professional Services Agreement
Dear Mr. Sejdinaj:
PHONE 574/235-925I
FAx 574/235-9171
The Board of Public Works, at its meeting held on June 11, 2019, approved the above
referenced agreement for the development of the City's 311 services portal allowing residents
to submit requests online in the amount of $25,000.
Enclosed please find a copy of the agreement 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
'f.INTER-OFFICE MEMORANDUM
MOM* Department of Innovation & Technology
City of South Bend 227 W Jefferson Blvd
db
TO: Board of Public Works, Linda Martin
CC: Brian Donoghue, Sandra Kennedy, Michael Schmidt, Benjamin Dougherty
FROM: Daniel Collins
SUBJECT: Code Works — Development of CoSB 311 Service Portal
DATE: 6/4/2019
Linda and Members of the Board
We are submitting for review and approval this agreement with South Bend Code Works LLC for
professional services related to the development of the CoSB 311 Services Portal. This will allow
residents to submit online service requests to the City using the 311 Services Portal. Currently,
residents can view information about services on the Portal but must call 311 to submit service
requests.
Please feel free to reach out if there are any questions.
Thank you,
Daniel Collins
AGREEMENT FOR PROFESSIONAL SERVICES
'['his Agreement fbrProfessional Set -vices (this -Agreement") is made effective as ofJune
||, 2019 (the ^6Keohve Date"), by and between the City of South Bend, Indiana,, an Indiana
municipal corporation, acting by and through its Board of Public Works on behalf' of its
Dcpuhnleni of Innovation and Technology (the "City"), and South Bend Code Works [[C' an
Indiana limited liability company (the "Provider") (each a "'Party" and collectively the "Parties !).
For and in consideration Of'thC 111LItUal covenants and promises contained herein, the Parties
agree as follows:
|� . The Provide' will provide to the City the professional services (the`^Servioes)actfbrU/indhcProvide''spnopnaa|uttachcdhmetoas (the "Scope o[Wod/l
In the eventofun} conflict between the terms ofdlis Agreement and the terms o[the Scope of
Work, the termsofthis A�rccnnen<vviU prevail. The Provider will execute Its obligations under
this /\,,|ccmcnt in accordance with the prevailing professional standard nfomr� for p �uuis ofsimilar clesian and complexity.
2. C|nexchange for the Provider's performance ofthe Services, and
subi�c1 iu the 1�lna arid conditions nfdhis Agreement, City will pay the Provider total sum
not to exceed T\wenLy-Five Thousand Dollars ($25,000.08) (the '^Contn/otAruoun1"). The City
will pay the Contract Amount in montli|, installments as met [bdh in the Scope of Work (each n
'^Con1rort (ns1m\|n/cn1`). The City will not be required to pay mContract Installment if the City is
not reasonably uudafied with the Provider's performance under this Agreement or any default or
breach ofdzim Agreement by, the Provider exists, as [lie City may determine in its sole discretion.
Thc sum o[the Contract Installments will not exceed the Contract AmounL und the Provider will
notinuororseekn:imbuoorncn{[orunyexpensexinemceusofdheCont,00t/\onoon1.
3. On|�sa cor|ierLcnniuuiod in accordance with its terms. this
Agreement will commence on the Effiective Date and end upon the Provider's completion of all its
obligations hereunder and the CiLy`s final payment therefor. Notwithstanding the fhregoing,
effective immediately upon delivery ofuwritten termination notice to the PrnYider, the City may
terminate this /\gouemenL in whole or in part, for any reason. if the City determines that such
termination is in the best interest of the City. In addition, in accordance with applicable |uvvs,
puymonixuncsuNectb`annua|approp,iotion. |fthuCity Contro|ierooakemnwTi%endetermination
that funds are not appropriated mrare otherwise unavailable iosupport the continuation of this
Agreement, it shall be cancelled. /\ determination by the City Conti -oiler that funds are not
appropriated or are otherwise unavailable to support the continuation offierf'ormance shall be final
and conclusive. The City will not be n:quiood to pay any Contract |nsiu||mCni or be otherwise
liable for any ooaL associated with thr Provider's perfbrmancc o[any Services after the effective
clate of termination.
4. Remedies for Breach ofCo "The Ponvidc�sfailure (moumpk:Luthe Services
inaccordance `pidhthis /\�reenncntv/i||beconyidmredamaterial breach, In the event ofanybreach
n[thia /\uroemcn1bythe Provider. the City may suupend all payments to the Provider arid may
5. The City employee identified in Section 10 below will serve as
the City's principal point of contact for purposes of this Agreement.
0. The Provider shall at all times be an independent contractor [brUle
performance of the Services rather than an employee ofthe City, and no act or ornission to act bv
the Provider xhei| in any vvoy bind or obligate the City. No employee of the Provider will be
considered ordeemed k`bounemployee ofdhoCity. Thiu/\cyrt�m�nt�xstrioUyfor the bune�to[
the Pat -ties and not for any third party orperson. This /\gncenneni was negotiated by the Parties at
arno`s length and each of the parties hereto has reviewed the Agreement after the opportunity to
consult with independent legal counsel. Neither party shall maintain that the \un(2uuge in the
Agreement shall be construed against any signatory hereto. The City and the Provider hereby
renounce the existence of an), (brm of agency relationship. jointventure, or partnership between
the Provider and the City and agree that nothing contained herein or in an), douomentcxccuted in
connection herewith shall be construed uscreating an}' such relationship between the City and the
Provider.
7. The Prov�dorh��bvu�eum to indcmdefend, and nifx
hold harmless the City and its oOiuiu\n, employees, and agents, from any and all claims ofany
nature which arise from tile performance hythe Provider under this Agreement and from all costs
and obomcy fees in connection therewith, except for dmin/s arising out of the negligence or
intentional ociw o/ omissions of' tile City or its ofDcia|s, directors. employees, or agents. The
ob|i�udonsof(h�Pom�W�rundcr�himauchonshu||survivcihct�rminuiinnuf�his,��reomenL
8Own Ish 1. The Provider will submit its work product to the City
in nonnrdxnce with the terms of the Scope of Work. Any and all work product submitted by the
Providurio the City as part mfiho Provider's performance ofthc Services shall he free hnm claims
ofinfringement and will become the exclusive property nfthe City, The City will have tile right
to use and reproduce copies of the Provider's work pomdoct as the City determines in its sole
discretion Without compensation to the Provider except the compensation expressly provided fhr
in this /\gncemonL The City agrees, to the fullest extent permitted by |uvv, to indemnifv, defend,
and hold harmless the Provider against any damages. \iabi|iLies, or costs, including reasonable
attorneys' Ocoa, arising hnm or allegedly arising Uom or in any vvuy related to orconnected with
thc pouoo or modification of the deliverables by the City. The City vvi|| credit the Provider each
time the deliverables are used.
0� . The Provider shall not assign orsubcontract the whole nrany part of
this A�r�on��n1ori{�ob|i�uiionuhu�undcrvvi1houtthe prior vniUenconsent u[the City.
|A. Notices. Any notice required or permitted to be delivered hereunder shall be
deemed to be delivered when deposited in the United States Pouk\| Service, postage prepaid,
registered or certified noui\, return receipt requested, addressed Lothe City or (lie Provider, as the
Provider: C
South Bend Code Works LLC City o[South Bend
635 S. Lafayette Blvd. |)epurUnen1nf(nnovubon 8LTechnology
South Bend, IN4660i 227VV.Jefferson Boulevard, Suite |20QN.
Attn: /\|ox Sjdin i Member South Bend, IN 46601
Attn: Denise RiediChief Innovation Officer
||T��ProvidcrshaJ|conp|y
with all applicable |u\vy and regulations in its hiring and employment practices and policies Ibr
anyactivity covered by this Agreement. The Provider shall comply with all federal, ata1o` and
municipal |uvvs` regulations.. and standards upp|iuub|o to its aubvibca pursuant \nthis Agreement
including, but not |imited to, the requirements imposed by Ind. Code 22-9-1-10 (non-
discrimination), thu provisions of Ind. Code 5-22-16.5 (disqualification for dealings with ibe
government of Iran), and the provisions of Ind. Code 22-5-1.7 (requiring [-Verify #nr new
employees and prohibiting employment ofonuuLhorizedu|iena\. Each ofthe foregoing provisions
is incorporated herein noifset forth infu|Land tile Provider certifies that she iaincompliance with
each such provision and shall remain in compliance through thcierrn ofthis Agreement.
12. 'File Provider agrees, as o condition precedent to the
effectiveness of this Aare�mrn� dhu1 its authorized representative will exuooic and submit to the
City and any other appropriate bodies an affidavit in the form attached hereto as Exhibit B.
13. . The Provider hereby agrees to make n good Kaiih effort to
provide and maintain o drug-fi-ec workplace. The Provider will give written notice in the City
within ten (\[) days after receiving actual notice that the Provider oron employee mfthe Provider
within the State of Indiana has been convicted of a criminal drug violation occurring in the
workplace.
14. NO Waiver. Nnfailure ordelay onthe part o[either Party inexercising any right
under this Agreement will operate as u v/uiwcr o[ or impair, any such right. No single or podioJ
exercise of any such right will preclude an), other or further exercise thereof or the exercise ofany
other right. No waiver of any such right will have effect unless given in a written document signed
bytile Party waiving Such right. Nowaiver ofany right will bndeemedowaiver ufany other right
hevouodur.
15. Severabilitv. III the event any portion ofthis Agreement shall beheld illegal, void,
or ineffective, the remaining portions hereof shall n:nuuin in fb|| fbnzu and effect. If any of the
terms or conditions o[1his Agreement are in conflict with any applicable statute or rule of law,
then such 1cnns and conditions shall be deemed inoperative to the extent that they may conflict
therewith and shall be deu|nedtu bemoditied tn conform to such |nvv.
16. � This Agreement sets [odh the
entire a(yrecmcntund understanding between the parties as to the Subject matter hereof, and merges
and supersedes all prior discussions, u�ncmncmtm` and understandings of any and every nature
between \henn. This Agreement may be amended only by separate writing. signed by authorized
representatives of both the Provider and the City. This /\gncsmunt will he construed and
interpreted according to the laws of the State of Indiana.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement for Professional
Services to be effective as of the Effective Date stated above.
CITY:
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
:. ....... ..... .-
Gary A. Gilot, President
...... .... __ ... _.
Therese Dorau, Member
Elizabeth Maradik, Member .................~
s,
Linda M. Mm 'in, Clei
PROVIDER:
SOUTH BEND CODE WORKS LLC
By: � ........... ._... __.
Printed.
Title_..... � ..... ...... ................ ....
�. .. ...... �.. �.�.. way m _._... _ ....
Genevieve Miller, Member
Laura O'Sullivan, Member
�wl
Scope of or
EXIIIBITB
Contractor's Affidavit
Code Works.
635 S. LaFayette Blvd
South Bend, IN 46601
City of South Bend - 311 Center
05.10.2019) V.01
Code Works.
The City of South Bend (CoSB) is interested in expanding the reach of their Customer Relationship
Management (CRM) and the 311 Service Portal. Currently the 311 Service Portal is available for residents to
view information regarding City services but they are not able to submit service requests through the portal.
Code Works proposes finishing the functionality of the 311 service by completing the development of the
311 Service Portal to allow residents to submit and track service requests online. Here is a list of activities
related to the Service Portal that the CoSB requested.
Develop functionality that allows residents to find, submit, and track service requests
Provide a map that allows residents to view open service requests
Provide basic graphic and user experience design
Design using an agile process with continuous client and user acceptance testing
- Design a solution that works on all common devices and browsers
Provide solution documentation and code
The CoSB requests that this project be completed in approximately three months and 250 hours of work.
Details
Description
Estimated Hours Cost/Hour
Complete the development of the 311
Service Portal 200 $100
Review and complete the graphic design 50 $100
and user experience
Total
$25,000.00
Payment Schedule. Code Works will bill the CoSB monthly for the work provided during that month.
The CoSB and Code Works will determine a new payment schedule for any time exceeding 250 hours of
work.
Completion of the 311 Portal
The CoSB has requested a proposal from Code Works
to assist in the expansion of functionality of the 311
Service Portal. The CoSB has requested that Code
Works develop a solution that gives City residents the
ability to submit online requests through the 311 Service
Portal and track those requests as they progress
through the CoSB's solution process. This project will
allow the City to respond and interact with residents in a
more seamless fashion.
1. Finding, Submitting, and Tracking Requests
Code Works will develop the desired functionality
allowing residents to submit service requests and track
them through the 311 Service Portal.
2. Mapping Functionality
Code Works will develop an interactive map where
residents will be able to view service requests by
geographic location.
3. User Interface and User Experience (UI/UX)
Code Works will create, design, and offer guidance on
the UI/UX so the service portal is easy to use,
responsive, and functional on common browsers.
Your Team
Alex Sejdinaj
Alex@southbendcodeschool.com
Alex Sejdinaj
Alex.L@southbendcodeschoo1.com
David Mattingly
David.m@southbendcodeschoo1.com
Michael Kennel
Michael@southbendcodeschoo1.com
Feedback and Testing
The Code Works team will work closely with the City to
make sure that there is testing of the site and review
from their stakeholders. This includes client and user
acceptance testing within the timeline of the contract.
User Experience Workshops
Code Works will assist in the execution of workshop
sessions that The CoSB organizes. These workshops
will give residents the ability to use and test the portal
and will allow the City and Code Works to gain feedback
for future edits and functionality.
Documentation and Code
Code Works will document any and all solutions built
and deliver the code to the CoSB. All custom
documentation and code produced by Code Works will
be property of the CoSB.
Project Assumptions. The project schedule and price in
this Statement of Work are based on the following
assumptions. Any changes to these assumptions may
have an impact on the schedule and/or cost,
(a) The Client is able to respond promptly with any
needed information, content, or approvals.
(b) The Scope of Work does not change.
(c) Payment is on time.
Payment Schedule. Payment schedule is outlined in the
document above under "Payment Schedule".
Additional Costs. The project pricing includes Code
Works' fee only, Any and all outside costs including, but
not limited to, printing costs, photography and/or
artwork licenses, and online access or hosting fees, will
be billed to Client unless specifically otherwise provided
for in the Statement of Work.
Change Requests. The Client may request changes to
any of the deliverables during the approval periods.
Once the final deliverable has been approved, any
changes requested thereafter will be evaluated by Code
Works and may require an additional scope of work.
Changes Outside of Scope. Unless otherwise provided
in the Statement of Work, any changes requested by
Client which are outside the scope of work will be
considered as a separate project with an additional
charge, despite any maximum budget, contract price or
final price identified. Code Works will notify Client if a
requested change is outside the scope of work. Code
Works may extend or modify any deadlines as may be
required by such Changes.
Extensive Changes. If Client requests an extensive
amount of changes that amount to a complete revision,
Code Works is entitled to submit a new and separate
Statement of Work to Client for approval. Work shall not
begin on the revised services until the new Statement of
Work is accepted and signed by Client.
Timeliness. Code Works will prioritize performance of
the services as identified in the Statement of Work and
will undertake commercially reasonable efforts to
perform the services within the time identified. Client
acknowledges responsibility for performing the
following in a reasonable and timely manner:
(a) approving the deliverables or providing written
comments and/or corrections sufficient to identify
the Client's concerns, objections or corrections;
(b) coordinating any decision -making with parties other
than Code Works;
(c) providing any client content in a suitable form
without further preparation needed from Code
Works, unless expressly provided in the Statement
of Work;
(d) final proofreading of deliverables: in the event that
Client approves deliverables but errors, such as
misspellings, remain in the finished product, Client
shall incur the cost of correcting such errors; and
(e) ensuring that all information and claims comprising
client content are accurate, legal and conform to
applicable slandards in Lhe Clieiil's industry.
Client acknowledges and agrees that Code Works'
ability to meet the deadline is dependent upon Client's
prompt completion of responsibilities. Any delays in
Client's completion of responsibilities or Client's
requests to change the services or deliverables may
delay delivery of the deliverables. Any delay caused by
Client shall not constitute a breach of Code Works'
obligations under this Agreement.
Confidential Information. Each party acknowledges that
in connection with this Agreement it may receive certain
confidential or proprietary technical and business
information and materials of the other party. Each party,
its agents and employees shall hold and maintain in
strict confidence all Confidential Information, shall not
disclose Confidential Information to any third party, and
shall not use any Confidential Information except as
may be necessary to perform its obligations under the
Statement of Work.
Termination. Either party may terminate the contract at
any time through written request. Reasons for
terminations may include but are not limited to:
(a) lack of common courtesy, decency, respect, etc. in
communication between Client and Code Works;
(b) unreasonable failure of Client to complete
Timeliness responsibilities;
(c) or breach of contract of Statement of Work, such as
failure to complete payment schedule.
The client shall upon termination pay Code Works all
unpaid amounts due for services completed prior to
notice of termination,
Right to Authorship and Promotion. Unless otherwise
negotiated, Code Works retains the right to reproduce,
publish and display the deliverables in their portfolio,
website, design periodicals, and other media for the
purposes of recognition of creative excellence or
professional advancement.
Ownership of Deliverables. All Deliverables completed
by Code Works specifically for this project are deemed a
commissioned work and a work made for hire. The
Client shall be the sole author of the Deliverables and
any patentable discoveries made during the process,
according to the United States Copyright Act.
IN WITNESS WHEREOF, the parties agree on this statement of work. Each person who signs this
Agreement below represents that such person is fully authorized to sign this Agreement on behalf of the
applicable party.
Code Works. LLC
01
By: 19"&-4�� -,.)o
r
Print Name:_'a
Title: 0 C-)-1!9�tx-
Date:
The City of South Bend
By:
Print Name:
Title:
Date:
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date
Name
6-4-2019
Brian Donoghue
Department Innovation
BPW Date 6-11-2019 Phone Extension 6203
Required Prior to Submittal to Board
Legal ® Attorney Name Sandra Kennedy
Controller ® Controller review is required for all Contracts $5,000.00 or more anc
greater than one year in length per the City Purchasing Policy
Purchasing
heck the
LJ Agreement
Z Professional Services
Bid Opening
El Quote Opening
❑ Change Order No. _
Ease/Encroach.
Other:
iropriate Item Type
Contract
Resolution
❑ Bid Award
El Quote Award
F] C/O & PCA No.
F1 Traffic Control
for All Submissions
] Proposal Addendum
❑ Req. to Advertise ❑ Title Sheet
Required Information
❑ PCA
Company or Vendor Name South Bend Code Works LLC
New Vendor
Yes ® No Ejlf Yes, Approved by Purchasing
MBE/WBE Contractor
❑ MBE ❑ WBE
MBE/WBE Contractor
Requested ❑ No ❑ Yes Name of Company
Project Name
Project Number
Funding Source
IT Professional Services
Account No.
279-0672 415 31-06
Amount
$25,000
Terms of Contract
.......__.. .............
6/11/2019 — 12/31/2019
Purpose/Description
_............ ...... .......
Development of the CoSB 311 Services Portal to allow residents to
submit service reguests to the City online..
Required Contractor's Certification Form Attached (Non -Collusion,
Non -Discrimination, Non -Debarment, E-Verify, Iran, etc)
R�ir+r For`Charr' a Orders Onl
�.� �
Amount of
Increase $ ..................
F
Decrease $
Previous Amount
$
�............. ............ _.
Current Percent of Change: %
New Amount
$
Total Percent of Change:
.�
Dispersal After Approval
Copy Original
®
Brian Donoghue
® [�
Shawn Delahanty
® ❑
Denise Riedl