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HomeMy Public PortalAbout115-2021 - Mayor - Chris Taylor - Interim IT Director AGREEMENT FOR SERVICES This Agreement is entered into this 6th day of September, 2021, by and between the City of Richmond, Indiana,through its Board of Public Works & Safety (hereafter "City") and Chris Taylor(hereafter "Taylor"). WITNES SETH: WHEREAS, the City has the need to have an Interim Information Technology Director for its Information Technology Department who will, among other things, provide services, advice, direction and assistance to the City with respect to the duties and work of the Information Technology Department; and WHEREAS, Taylor is willing to serve as Interim Information Technology Director for the City; and WHEREAS, the parties believe that Taylor 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 Taylor 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, and retroactive to, September 6, 2021, and ending October 6, 2021, and may be extended by mutual agreement on a period to be subsequently determined. Taylor shall commence performance of this Agreement on September 6, 2021. Notwithstanding such term, either party may terminate, for any reason, this Agreement prior to such time, with fourteen (14) days prior written notice. 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 Taylor to fulfill in a timely manner his obligations under this Agreement; Contract No. 115-2021 I 2 b. submission of a report, other work product, or advice, whether oral or written, by Taylor 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 Taylor, 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, Taylor shall be paid a sum not to exceed Five Thousand Dollars and Zero Cents ($5,000.00) for satisfactory performance of this Agreement. The hourly compensation rate is Twenty-nine Dollars and Fifty-four Cents ($29.54) per hour. In the event this Agreement is terminated by either party prior to the above-listed date provided herein, blanket sum shall be pro-rated to the date of termination based on the hourly rate provided herein. All invoices for services hereunder shall be submitted by Taylor in the name of Taylor, and reported for state and federal tax reporting purposes under the federal tax identification number of Taylor. In addition to the financial remuneration set forth above,the City shall reimburse Taylor 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 Interim Information Technology Director for City. C. DUTIES OF ENGAGEMENT Taylor shall serve as Interim Information Technology Director for the Information Technology Department for the City. Taylor is responsible for providing professional work directing the planning, development, deployment, implementation, maintenance, and oversight of the City's information technology infrastructure. Taylor shall provide managerial leadership for said Department. Taylor shall direct strategic planning and development of 3 information technology solutions to support, meet and enhance the City of Richmond's needs and objectives; maintain infrastructure, design network security, structure backup strategy, disaster recovery plans, monitoring/alerting strategy, documentation processes, hardware and software replacement lifecycle plans. Taylor shall evaluate needed repairs, and assign repairs to proper person or vendor. Taylor shall authorize and obtain needed bids and purchase orders. Taylor shall ensure PCI network compliance design and maintenance. Taylor shall supervise all employees and volunteers in the Information Technology Department. Taylor reports directly to Mayor David M. Snow. Taylor's hours of work are generally anticipated to be performed during regular business hours (from 8:00 a.m. to 5:00 p.m.) during the standard work week (Monday through Friday) excluding weekends and holidays, in order that Taylor can be available to the City administration, provided, however, the Parties acknowledge work times are within the discretion of Taylor as said days and times worked may vary based on infrastructure needs and as may vary based on proper completion of this Agreement. Taylor has expressly confirmed to the Mayor he will begin work on Monday, September 6, 2021, even though the day is scheduled as a holiday. D. OBLIGATIONS OF CITY TO PROVIDE SUPPORT SERVICES City shall provide Taylor the following support services and facilities to better enable Taylor to provide the services contemplated by this Agreement: a) Office space for the use of Information Technology Interim Director at the City Building; and 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;Taylor or any person acting on behalf of Taylor 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 matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. 4 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 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 5 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" "INTERIM INFORMATION TECHNOLOGY DIRECTOR" City of Richmond, Indiana,through its Board of Public Works & Safety By I /6Z i B Ii 9" _ Y Yield Robinson, President Chris Taylor• (I ate,Member- 1407A C04 w.ass„ A GreLA/47 6 Matt Evans,Member Approved by the Mayor this 6th day of September, 2021. cl_ tvi . Sno , City of Richmond, Indiana 6 • EXHIBIT"A" Affidavit of Employment Eligibility Verification The Contractor, Chris Taylor, 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 September, 2021. (signature) Chris Taylor (printed name)