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Home My Public Portal About004-2021 - IT - Dylan Shirkey - Special Employment Agreement AGREEMENT FOR SERVICES This Agreement is entered into this �y day of )411 1/A7 , 2021, by and between the City of Richmond, Indiana, through its Board of Public Works & Safety(hereafter"City") and Dylan Shirkey (hereafter "Shirkey"). WITNES SETH: WHEREAS, The City has the need to have an Information Technology (IT) training consultant and project implementation coordinator who will provide assistance to the City including, but not limited to, services in connection with: (1) planning, implementing, and deploying upgrades and replacements of network hardware (CISCO) switches on the first and second floor of the City municipal building; (2) implementing server operating system upgrades to Windows Server 2019; as well as (3) services to read, configure, and deploy a new VM host at the disaster recover site (where sufficient hours remain available under this Agreement to allow the same to occur upon completion of the network switches and server operating system upgrades), all of which services described above as (1) through (3) may include consulting assistance and may also include training services to provide advice, direction, and assistance for any IT employees as directed by the Director of the Department of Information Technology to alleviate the process of onboarding any new network administration employees; and WHEREAS, Shirkey is willing to serve in this capacity for the City; and WHEREAS, The parties believe that Shirkey can provide the necessary services to City; and WHEREAS, The City,through its Board of Public Works & Safety, desires to enter into a contract for the purchase of services from Shirkey as set forth below. NOW, THEREFORE, in consideration of the terms and conditions contained herein, including the above stated recitals,the parties agree as follows: A. TERM OF AGREEMENT This Agreement shall be for a period beginning January 17, 2021, and ending on or before December 31, 2021, and may be extended by mutual agreement on a period to be subsequently determined. Notwithstanding such term, either party may terminate, for any reason, this Agreement prior to such time, with fourteen(14) days prior written notice. Contract No. 4-2021 2 Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of Shirkey to fulfill in a timely manner his obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by Shirkey to the City that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect; c. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the date. this Agreement is terminated, but shall be relieved of any other responsibility herein. This Agreement may also be terminated by either the City or Shirkey, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. B. COMPENSATION In consideration for the services to be provided herein, Shirkey shall be paid the hourly rate of One Hundred Dollars and Zero Cents ($100.00) per hour with the understanding that the total sum paid by the City to Shirkey shall not exceed the total amount of Three Thousand Two Hundred Dollars and Zero Cents ($3,200.00) for satisfactory completion of this Agreement. In the event this Agreement is terminated by either party prior to December 31, 2021, as provided herein, this sum shall be pro-rated to the date of termination. All invoices for services hereunder shall be submitted by Shirkey in the name of Shirkey, and reported for state and federal tax reporting purposes under the federal tax identification number of Shirkey. In addition to the financial remuneration set forth above, the City shall reimburse Shirkey for his personal cost of professional liability insurance ("errors and omissions")he takes out during the term of this Agreement to cover his position as the special IT project implantation coordinator for City, which reimbursement shall be capped at an 3 amount not to exceed Four Hundred Dollars and Zero Cents ($400.00) for the same. C. DUTIES OF ENGAGEMENT Shirkey shall serve as the special IT project implementation coordinator for the City. Shirkey is responsible for assisting the City administration and shall provide advice, direction, and assistance to the City in connection with: (1) planning, implementing, and deploying upgrades and replacements of network hardware (CISCO) switches on the first and second floor of the City municipal building; (2) implementing server operating system upgrades to Windows Server 2019; as well as (3) services to read, configure, and deploy a new VM host at the disaster recover site (where sufficient hours remain available under this Agreement to allow the same to occur upon completion of the network switches and server operating system upgrades), all of which services described above as (1) through (3) may include consulting assistance and may also include training services to provide advice, direction, and assistance for any IT employees as directed by the Director of the Department of Information Technology to alleviate the process of onboarding any new network administration employees D. OBLIGATIONS OF CITY TO PROVIDE SUPPORT SERVICES City shall provide Shirkey the following support services and facilities to better enable Shirkey to provide the services contemplated by this Agreement: a) Office space for the use of special IT project implementation coordinator at the City Building; b) Computer, e-mail access, word processing software (Microsoft Word 95 or a more recent version), telephone, facsimile service and the usual and customary office equipment and supplies of comparable quality as those other offices housed in said City Building. E. PROHIBITION AGAINST DISCRIMINATION Pursuant to Indiana Code 22-9-1-10, Shirkey or any person acting on behalf of Shirkey shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any • 4 matter directly or indirectly related to employment, because of race, religion, color, sex, disability,national origin, or ancestry. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2), which Affidavit is attached hereto and incorporated herein as Exhibit"A"; and 3. A purchase order has been issued by the Purchasing Department. F. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM EQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c)the Contractor will remain liable to the City for actual damages. G. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event Board determines during the course of this Agreement that this certification is no longer valid, Board shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the Board that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is 5 given to the Contractor, the Board may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the Board determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the Board reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. • In Witness Whereof,the parties execute this agreement as of the date first set forth above. , "CITY" "SBTRKEY" City of Richmond,Indiana,through its Board of Public Works & Safety By ' L fl�� By Vicki Robinson, President Dylan Shirkey E ' y Pal er,Member lit Matt Evans,Member Approved by the Mayor this ZZ day of "/U ka-t/J , 2021. < . Sno , City of Richmond, Indiana 6 EXHIBIT"A" Affidavit of Employment Eligibility Verification The Contractor, Dylan Shirkey, affirms under the penalties of perjury that Contractor does not knowingly employ an unauthorized alien. If Contractor is self-employed and does not employ any employees, Contractor verifies he is a United States citizen or qualified alien. The Contractor has not knowingly employed or contracted with an unauthorized alien and shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. The Contractor has required Contractor's subcontractors 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 will maintain this certification throughout the duration of the term of a contract with a subcontractor. I hereby verify under the penalty of perjury that the foregoing statement is true. Dated this day of _ ,2021. (signature) Dylan Shirkey (printed name) 5 given,to the Contractor, the Board.may proceed with any remedies it may have pursuant to.IC 5-22-16.5. In the event the Board determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the Board reserves.the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the.ninety(90) day period set forth above. • In Witness Whereof,the parties execute this agreement as of the date first set forth above. "CITY" "SH I KEY" City of Richmond,.Indiana,through its Board of Public Works &Safety PihoeB �CAG( Ltd By y Vicki Robinson,President Dylan Shirkey E y P er,Member 1 4 �v 1 Matt Evans,.Member • Approved by the Mayor this Z day of - J A-(-c1 ,2021. .Sno , City of Richmond,Indiana • } 6 EXHIBIT"A" Affidavit of Employment Eligibility Verification The Contractor, Dylan Shirkeyl affirms under the penalties of perjury that Contractor does not knowingly employ an unauthorized alien. If Contractor is self-employed and does not employ any employees, Contractor verifies he is a United States citizen or qualified alien. The Contractor has not knowingly employed or contracted with an unauthorized alien and shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. The Contractor has required Contractor's subcontractors 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 will maintain this certification throughout the duration of the term of a contract with a subcontractor. I hereby verifyunder the penalty of perjury that the foregoing statement is true. Dated this 2 lay of )4 n w C r ,2021. I ! ' (si i .ture) Dylan Shirkey (printed name)