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Home My WebLink AboutConsulting Agreement - EnFocus Inc - Kronos HR Payroll Support Services1316 COUNTY —CITY BUILDING j 227 W.JEFFERSON BOULEVARD c MACT, SOIJTH BEND. INDIANA 46601-1930 s 5 ., w �u CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD F PUBLIC WORKS September 10, 2019 Allison Egan EnFocus, Inc. Studebaker Building 113 635 S. Lafayette Blvd. South Bend, IN 46601 RE: Consulting Agreement Dear Ms. Egan: PHONE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on September 10, 2019, approved the above referenced agreement for payroll support services during the transition to Kronos HR Payroll Software in the amount of $12,800. 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 GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU AI INTER -OFFICE MEMORANDUM .` ' °'^ Department of Administration & Finance City of South Bend 227 W Jefferson Blvd TO: Board of Public Works, Linda Martin CC: Michael Schmidt, Benjamin Dougherty, Sandra Kennedy FROM: Daniel Parker SUBJECT: enFocus support for the Payroll Division during the transition to Kronos software DATE: 9/3/2019 Linda and Members of the Board, Administration & Finance are submitting for review and approval this agreement with enFocus for professional services related to support for the Payroll Division during the City's transition to the Kronos HR Payroll software system. This is a particularly complex software transition and the capacity of the Payroll Division will be stretched over the coming months. enFocus will provide assistance with technology, task management, problem -solving related to payroll data, and documentation of new payroll processes. The total requested amount for the engagement is not to exceed $12,800. The engagement will begin on 9/10/2019 and end on 1/26/2020. Thank you, Daniel Parker ri l/Ifr / y � p�le. Bold Ideas. Greater Good. In collaboration with: �O'UT IJ �r PEACE 1865 Compiled by: enFocus, Inc. September 2019 1 � Q�POQ9IlP{�Y9/�rJ'�QJ96/f�J////iD/'l I/I O�OI/ �� Pe, Bold Ideas Greater e"i�rr�cV, A�l.�flli 1iu o p o s S U iil iiu°tea S h Name of Organization Summary of Proposal Proposed Project Duration Total Requested Amount Name of Organizational Contact Title of Organizational Contact Address of Organizational Contact Email Address of Organizational Contact Telephone Number of Organizational Contact Name and Title of enFocus Project Contact Telephone Number of enFocus Project Contact Email Address of enFocus Project Contact City of South Bend This proposal outlines enFocus efforts to support the City of South Bend: Administration & Finance — Payroll Division September 10, 2019 —January 26, 2020 $12,800 Daniel Parker City Controller County -City Building 227 W Jefferson Blvd South Bend, IN, 46601 dparker@southbendin.gov (574)-235-9822 Allison Egan, Program Director for Civic Innovation 815-546-9383 a.egan@en-focus.org CONFIDENTIALITY NOTICE: This document and its contents are confidential. If you have received this document in error, please destroy immediately. �,in�ia � uWIPtlU,MWIn'u% %� 7 rl'fle. Bold Ideas G r te::r Y:nood Letter of Engagement We want you to understand the basis under which we offer our services to you and determine our fees, as well as to clarify the relationship and responsibilities between your organization and enFocus. These terms are part of our engagement letter and apply to all future services, unless a specific engagement letter is entered for those services. Each of these terms shall survive and apply after termination of this agreement. This Consulting Agreement (the "Agreement") is entered into on September 10, 2019, by and between The City of South Bend, Indiana, an Indiana municipal corporation, acting by and through its Board of Public Works, having its principal offices 227 W. Jefferson Blvd., South Bend, IN 46601 (hereinafter referred to as "Sponsor"), and enFocus, a 501 (c )(3) organization, having its principal offices at Studebaker Building 113, 635 S Lafayette Boulevard, South Bend, IN 46601(hereinafter referred to as "Consultant"). WHEREAS, the Sponsor desires to obtain the services of Consultant, and Consultant desires to provide consulting services to the Sponsor upon the terms and conditions in this Agreement. AGREEMENT SECTION 1— CONSULTING PERIOD (a) Term - The Sponsor hereby retains the Consultant and Consultant agrees to render to the Sponsor those services described in Scope of Services, Exhibit A, incorporated by reference and attached hereto, for the period (the "Consulting Period") commencing on September 10, 2019 and ending on January 26, 2020. (b) Termination - At any time, either party may terminate, without liability, the Consulting Period for any reason, with or without cause, by giving 30 days advance written notice to the other party. The Sponsor shall pay Consultant for work completed as of the date of termination, provided, however, that the Sponsor will have no obligation to pay the Consultant for any portion of the Consultant's work with which the Sponsor is dissatisfied, as determined in the Sponsor's sole discretion. SECTION 2 — DUTIES AND RESPONSIBILITIES (a) Consultant hereby agrees to provide and perform for the Sponsor those services set forth in Exhibit A. (b) Consultant will execute its obligations under this Agreement in accordance with the prevailing professional standard of care for projects of similar design and complexity. SECTION 3 — COMPENSATION, EXPENSES, PAYMENT, BENEFITS (a) In consideration of the services rendered by the Consultant under this Agreement, the Sponsor shall pay the Consultant an amount not to exceed Twelve Thousand Eight Hundred Dollars ($12,800.00) (the "Contract Amount"), as further specified in Exhibit A. Notwithstanding the foregoing sentence, the Sponsor will not be required to pay any portion or installment of the Contract Amount if the Sponsor is not satisfied with the Consultant's performance under this Agreement or any default or breach of this Agreement by the Consultant exists, as the Sponsor may determine in its sole discretion. CONFIDENTIALITY NOTICE: This document and its contents are confidential. If you have received this document in error, please destroy immediately. r ... �611, ,a,,,r,{1 n aITS A�,� r,/� ", g)ki+ Bold ldeas (reete'ar Good (b) Payment Terms. Invoices shall be presented as set forth in Exhibit A, and payments are due within 30 days. (c) Sponsor hereby agrees to reimburse the Consultant for reasonable business expenses incurred by Consultant in performing its work under this Agreement, provided that the Sponsor will not reimburse the Consultant for any expenses unless said expenses were approved in writing by the Sponsor (or its representative) before being incurred by the Consultant. (d) Benefits. Other than the compensation specified in Sections 3(a), Consultant shall not be entitled to any direct or indirect compensation for services performed hereunder. SECTION 4 - CONFIDENTIAL INFORMATION (a) "Confidential Information" means: (1) any information given to enFocus by Sponsor and clearly marked, in writing as confidential; and (2) any information given to enFocus by Sponsor orally that, at the time given, is stated to be confidential, and such statement of confidentiality is reduced to writing within thirty (30) days. (b) enFocus agrees to keep Confidential Information confidential for a period of five (5) years from date given to enFocus, not to give in any form, to a third party, and to only give to enFocus employees who have a need to know. (c) The confidentiality, as stated in SECTION 4 (b), will not apply to information which: (1) is at the time of receipt public knowledge, or after receipt becomes public knowledge through no act of omission on the part of enFocus; (2) was known to enFocus, as shown by written records, prior to disclosure by Sponsor; (3) is received by enFocus from a third party who did not obtain the information from Sponsor; or (4) is required by law to be disclosed. Consultant hereby acknowledges and agrees that all property, including, all books, manuals, records, reports, notes, contracts, lists, blueprints, and other documents, or materials, or copies thereof, that is produced under this Agreement (collectively, the "Proprietary Information"), and equipment furnished to or prepared by Consultant in the course of or incident to rendering of services to the Sponsor, belong to the Sponsor and shall be promptly returned to the Sponsor upon request. (d) Consultant agrees to hold all Sponsor's Proprietary Information in strict confidence and trust for the sole benefit of the Sponsor and not to, disclose, use, copy, publish, summarize, or remove from Sponsor's premises any Proprietary Information (or remove from the premises any other property of the Sponsor) during the Consulting Period except (i) to the extent necessary to carry out Consultant's responsibilities under this Agreement or (ii) after termination of the Consulting Period or (iii) when the information falls within the guidelines of this Agreement. SFC', T'llKflI''' 5 ....• NOT' "IOII' CONFIDENTIALITY NOTICE: This document and its contents are confidential. If you have received this document in error, please destroy immediately. f iL �rep" �au lr�. Oiudci Ozdea,Greater Good All notices or other communications required or permitted hereunder shall be made in writing and shall be deemed to have been duly given if delivered by hand or mailed, postage prepaid, by certified or registered mail, return receipt requested, and addressed to the Sponsor at: ATTN: City of South Bend, Indiana, Board of Public Works 227 W. Jefferson Blvd., 130ON South Bend, IN 46601 With a copy to: ATTN: Corporation Counsel City of South Bend, Indiana Department of Law 227 W. Jefferson Blvd., 1200S South Bend, IN 46601 or to the Consultant at: ATTN: Allison Egan, Program Director for Civic Innovation enFocus Studebaker Building 113 635 S Lafayette Boulevard South Bend, IN 46601 Notice of change of address shall be effective only when done in writing and sent in accordance with the provisions of this Section. SECTION 6 - AMENDMENTS AND WAIVERS This Agreement may not be modified or amended except by an instrument in writing, signed by a duly authorized representative of the Sponsor and the Consultant. By an instrument in writing similarly executed, either party may waive compliance by the other party with any provision of this Agreement that such other party was or is obligated to comply with or perform, provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. SECTION 7 — INTERRUPTION OF SERVICE Either party shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, laws proclamations, edits, ordinances or regulations, strikes, lock -outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the parties' respective obligations hereunder shall resume. CONFIDENTIALITY NOTICE: This document and its contents are confidential. If you have received this document in error, please destroy immediately. a a110 41 V is �frirr r, it � �iimr � /�iwiwl�yr�ol�a�w,nvm�� &aw..l> ]Intl Id,7w61 ckl rGood, SECTION 8 — SEVERABILITY, ENFORCEABILITY If any provision of this Agreement, or the application thereof to any person, place, or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement and such provisions as applied to other persons, places, and circumstances shall remain in full force and effect. SECTION 9 — GOVERNING LAW The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of Indiana. SECTION 10 —INDEPENDENT CONTRACTOR The Consultant shall operate at all times as an independent contractor of the Sponsor. No employee of the Consultant will be considered or deemed to be an employee of the Sponsor. This Agreement does not authorize the Consultant to act for the Sponsor as its agent or to make commitments on behalf of the Sponsor. The Sponsor shall not withhold payroll taxes, and Consultant shall not be covered by health, life, disability, or worker's compensation insurance of the Sponsor. SECTION 11 — ABILITY TO ENTER INTO CONTRACT Each party represents and warrants to the other party that this Agreement has been duly authorized, executed and delivered and that the performance of its obligations under this Agreement does not conflict with any order, law, rule or regulation or any agreement or understanding by which such party is bound. SECTION 12 — LIMITATION OF LIABILITY; INDEMNIFICATION (a) As a professional organization, the Consultant will perform the services described in Exhibit A to the best of their ability, striving to ensure great quality work and minimize errors or omissions. As a result, the Consultant shall not be liable to sponsor for any loss incurred in the performance of his/her services hereunder unless caused by Consultant's negligence. Notwithstanding any provision to the contrary, the limit of Consultant's liability under this Agreement will be equal to the total amount paid by Sponsor to Consultant under this Agreement. (b) Sponsor agrees, at its sole cost, to indemnify and defend Consultant from and against any damages, claims or suits by third parties against Consultant arising from the performance of Consultant's services hereunder unless caused by Consultant's negligence. Subject to the limitation of liability stated in Section 12(a), Consultant agrees, at its sole cost, to indemnify and defend Sponsor (and its officials, employees, and agents) from and against any damages, claims or suits by third parties against Sponsor arising from the performance of Consultant's services hereunder unless caused by the negligence of Sponsor (or its officials, employees, or agents). SECTION 13 — ENTIRE AGREEMENT This Agreement is the final expression of the parties' agreement with respect to the retention of Consultant by the Sponsor for the services specified herein and may not be contradicted by evidence of any prior or contemporaneous agreement. L' ''.1"'I(:)LIII 14 11F'III" IIIIIIICIICIlk SIII:'0 R BR EACI1 OCO N""I"'RA ClI' CONFIDENTIALITY NOTICE: This document and its contents are confidential. If you have received this document in error, please destroy immediately. L�uur9��101OGJf ��u�h The Consultant's failure to complete the services in accordance with this Agreement will be considered a material breach. In the event of such breach, the Sponsor may suspend all payments to the Consultant, terminate this Agreement, and/or pursue any and all remedies available at law or in equity. SECTION 15 — EQUAL OPPORTUNITY; NON-DISCRIMINATION; COMPLIANCE • In accordance with applicable laws, payments are subject to annual appropriation. If the City Controller makes a written determination that funds are not appropriated or are otherwise unavailable to support the continuation of this Agreement, it shall be cancelled. A determination by the City Controller that funds are not appropriated or are otherwise unavailable to support the continuation of performance shall be final and conclusive. • Invalidity or unenforceability of one or more provisions of this agreement shall not affect any other provision of this agreement. • The Consultant shall comply with all applicable laws and regulations in its hiring and employment practices and policies for any activity covered by this Agreement. The Consultant 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 Consultant certifies that it is in compliance with each such provision and shall remain in compliance through the term of this Agreement. • The Consultant agrees to make a good faith effort to provide and maintain a drug -free workplace and will give written notice to the City within ten (10) days after receiving actual notice that the Consultant or an employee of the Consultant within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. • The Consultant agrees, as a condition precedent to the effectiveness of this Agreement, that its authorized representative will execute and submit to the Sponsor a contractor's affidavit in the form provided by the Sponsor. • This agreement is subject to the laws and regulations of the State of Indiana. By signing this agreement, all parties agree to the terms as described above. Alterations to this agreement can only be made by both parties and must be placed in writing. Both parties will receive a printed copy of this agreement, and will be responsible for upholding its terms. [Signature page follows.] CONFIDENTIALITY NOTICE: This document and its contents are confidential. If you have received this document in error, please destroy immediately. �i Aior �urr,��a� � �irrr�ni� � ��ii�m✓�c�rJlarr�/�� ,rrw9/ � IkP Bold Ideas. Greater Good. CITY: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary A. Gilot, President Therese Dorau, M ber " -D k -, � I � �- Elizabeth Mardik, Member ATTEST:.. :LJ)d a M. Martin, Clerk Date: September 10, 2019 ENFOCUS:. ENFOCUS, INC. Gen eve Miller, Member ma 6u Laura O'Sullivan, Member Printed: _ 1 son tio n Title: nr,4Y 1 r-tC.+0 4AS r b V I C Date: 01 — 5 2 1 CONFIDENTIALITY NOTICE: This document and its contents are confidential. If you have received this document in error, please destroy immediately. gpl Exhibit A Payroll Division Support at the Department of Administration & Finance Background and Overview Background The City of South Bend (City) has engaged enFocus on projects since the Fall of 2012. enFocus has placed the highest value on this relationship and this has resulted in technology and innovation -based projects for the City. Overview This document details the proposed shape of a 2019-2020 embedded model engagement. This model will focus on strategic technology implementation support and business analysis by using enFocus as internal, value-added project capacity. Project Description The embedded project model places enFocus resources into the City's Department of Administration & Finance — Payroll Division operations to facilitate communication, documentation, technology implementation support, and business analysis. enFocus Resources enFocus shall insert a Client Lead (Cate Flanley, enFocus Innovation Fellow) into the Payroll Division. The Client Lead will be supported by a Project Manager (Daniel Collins, enFocus). enFocus resources will follow the leadership and guidance of the Project Champion to align City resources and enable project implementation. They will operate as independent enFocus employees operating under the enFocus employee handbook, wages, benefits, working conditions and any/all other enFocus policies. Engagement Process The engagement process structure for the embedded model shall offer a minimum, but effective, set of guidelines that set expectations for all parties. • Agreement on project focus areas • Establishment of project plans to be developed in collaboration with the Project Champion Project Focus Areas The Client Lead will be responsible for supporting the Payroll Division during the Kronos HR/Payroll software implementation, go -live, and post go -live periods. The Client Lead and enFocus will not be responsible for delivering the City's biweekly payroll. Activities may include: • Technology assistance • Task management and communications • Problem -solving, research, analysis, and reporting related to payroll data • Documentation of payroll processes CONFIDENTIALITY NOTICE: This document and its contents are confidential. If you have received this document in error, please destroy immediately. yil11C' fir'% y i l� ai .iunr Y Irk. Bold IeJa.,)r, Gia Gearn�ri iterGood. Entrepreneurial Project Flexibility At enFocus, we place value on our entrepreneurial focus and approach to projects. We have had historical success for clients when we reserve the option to initiate conversation with the client for a project pivot when we see a better path or opportunity to pursue that can lead to greater success. This is not meant to mitigate enFocus of project responsibility but rather to create a scenario that will produce the most valued outcome for the City. Funding and Timeline The fee for this engagement is $40 per hour for up to 320 hours i.e. up to $12,800.00. Hours will be recorded for each month and invoiced on the first business day of November 2019 and February 2020. Duration Initiate engagement on September 10, 2019 End engagement on January 26, 2020 Management of Hours • The Client Lead will spend approximately 16 hours per week onsite Stakeholder Management In client engagements, enFocus identifies a champion on the client side to ensure seamless project execution. The Project Champion will be responsible for project communication and billing clearance. Throughout this Agreement we have referred to Daniel Parker (City Controller) as the Project Champion. enFocus places great value on the relationship with the City. Please let us know how we can continue to support the City and its initiatives. We are very excited to participate in whatever way we can to create the highest degree of success for the City. CONFIDENTIALITY NOTICE: This document and its contents are confidential. If you have received this document in error, please destroy immediately. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date Name 9-3-2019 Daniel Parker Department Admin & Finance BPW Date 9-10-2019 Phone Extension 9822 1 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillilliillillillimilmillilliwWr//&Mm�a ff Required Prior to Submittal to Board Legal Z Attorney Name Sandra Kennedy Controller z 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 z Check the L Agreement Z Professional Services F1 Bid Opening Quote Opening Change Order No. Ease/Encroach. Other: prqpriate Item ..T.Y - �Rt_ Contract ..... ... . .. .. ........ Resolution Bid Award El Quote Award El C/O & PCA No. F-1 Traffic Control for All Submissions Proposal - - -- - Addendum E] Req. to Advertise E] Title Sheet R .f!quired Information El PCA Company or Vendor Name EnFoCLIS Inc, New Vendor E]Yes H No E]If Yes, Approved by Purchasing MBENVBE Contractor F-1 MBE❑ WBE MBEIWBE Contractor RequestedE] NoF_1 Yes Name of Company Project Name Project Number Funding Source her Professional Services ..... .. ................ ........ Account No. 101-0401-415.31-06 .............. Amount $12,800 Terms of Contract _41 0 19 — "l /2 6,/,2,0-2 0 . ............. Purpose/Description Professional services support for the Payroll Division during th transition to the Kronos HR Payroll software. ❑Required Contractor's Certification Form Attached (Non -Collusion, Non -Discrimination, Non -Debarment, E-Verifv, Iran, etc.) Amount of F-1 increase - $ R Decrease,,,,,,,,,,,,,,,,,, Previous Amount $ . . . . . . . . . . ...................... Current Percent of Change: % New Amount R Total Percent of Change: Copy Original FI F"J Daniel Parker z El Ben Doughert z El Amy Shirk Dispersal After Approval