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HomeMy WebLinkAboutRES2025-075 Soto Contract GIS ServicesSponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2025-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INDEPENDENT CONTRACTOR AGREEMENT WITH SELENA SOTO FOR GIS SERVICES WHEREAS, according to the 2021 GIS Needs Assessment conducted by Flo Analytics, the City of Seward needs a full-time staff person dedicated to cleaning up, building, and maintaining our GIS system; and WHEREAS, according to the 2021 GIS Needs Assessment, there was articulated need for an accurate and modern GIS system across all departments; and WHEREAS, having an up-to-date GIS system will save the City money by providing accurate information for decision making and creating a framework so staff can work most efficiently; and WHEREAS, the provision of GIS services is a professional service because it requires specialized knowledge and judgment to complete the requested tasks; and WHEREAS, over the last two years, Selena Soto has demonstrated her value and work ethic and made significant progress in modernizing Seward in the GIS realm across departments; and WHEREAS, due to Ms. Soto's unique experience as a City employee prior to working as a contracted GIS technician, she has a unique understanding of the City's needs and business processes; and WHEREAS, the City wishes to continue our working relationship with Selena Soto in our GIS development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is authorized to enter into an Independent Contractor Agreement with Selena Soto for GIS Technical Services. Section 2. Funding in the amount of $160,000 yearly is hereby appropriated from the FY25_26 budget under 01000-1122-7009 contracted services account in the General fund and across the Enterprise Funds under the 7009 contracted services account. Section 3. This resolution shall take effect immediately upon adoption. CITY OF SEWARD, ALASKA RESOLUTION 2025-075 Page 2 of 2 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 11th day of August 2025. AYES: NOES: ABSENT: ABSTAIN: ATTEST: THE CITY OF SEWARD, ALASKA Sue McClure, Mayor Wells, Osenga, Finch, Barnwell, Warner, McClure None Crites None Kris Peck City Clerk (City Seal) �...c13 GAR Rarer .) :- O; SEAL T _ • 1 Meeting Date: To: Through: From: Subject: City Council Agenda Statement August 11, 2025 City Council Kat Sorensen, City Manager Daniel Meuninck, Community Development Director Resolution 2025-075: Authorizing the City Manager to Enter into an Independent Contractor Agreement with Selena Soto for GIS Technical Services Background and justification: In August 2023, the City of Seward entered into an agreement with Selena Soto for GIS Services which will expire on August 16, 2025. The City would like to retain Ms. Soto's services for the foreseeable future as she has proven to be a tremendous asset to the City due to her strong work ethic, knowledge of the City, and extensive GIS experience. The City contracted for a GIS Needs Assessment analysis in 2021, which described the following in the summary: • A need to have a full-time person dedicated to the tasks of cleaning up from the past and building our GIS for the future. • An articulated need for an accurate and modern GIS system across all departments. • That an accurate, up-to-date GIS system will save the City significant money in worker efficiency as well as ensure accurate information is being used for decision making The City was significantly behind compared to other municipalities at the time of this assessment. Over the past two years, Ms. Soto has made significant progress in modernizing Seward in the GIS realm. If approved, Ms. Soto would continue to work as an independent contractor with the Community Development Department while providing services for all City departments. Seward City Code dictates contracts and independent contractor agreements last no more than two years, which is why the City is looking to create a new two-year agreement at this time. After two years, the City and Ms. Soto would re-evaluate the agreement and the City's anticipated needs. Ms. Soto worked as a City employee prior to working as a contractor giving her a unique understanding of the City's needs and business processes. She does high -quality work, and her rate provides significant savings for the City. The amount budgeted for this new contract is not to exceed 40 hours per week for 50 weeks per year, at a rate of $80 per hour rate. In contrast, for the past two decades, the City has contracted GIS services at rates between $95 and $130 per hour culminating in a $220 per hour rate that the City was paying for GIS services prior to entering into contract with Ms. Soto. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.2.2; 3.7.1.3 Strategic Plan: Other: Total amount of funds listed in this legislation: $ 160,000 This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact Funds are (V): X X $ 160,000 Budgeted Line item(s): 7009 contracted services account. Not budgeted Not applicable Affected Fund (✓): General Boat Harbor Motor Pool X Available Fund Balance SMIC Parking Other Electric Water Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: X Yes Attorney Signature: /s/R.obert PaL4ter Not applicable Comments: Administration Recommendation X Adopt Resolution Other: INDEPENDENT CONTRACTOR AGREEMENT The parties to the Independent Contractor Agreement ("Agreement") are Selena Soto ("Soto") and the City of Seward (the "City"). WHEREAS, Soto, as the City's current GIS Technician has a two-year contract which expires August 16'h, 2025; and WHEREAS, Soto has been a significant asset to the City with exceptional performance in regard to the GIS work she has completed; and WHEREAS, Soto has expressed a desire to continue her work with the City; and WHEREAS, the City has enough GIS work to justify a contract extension with Soto; and WHEREAS, the City desires to extend Soto's contract for an additional two years for this purpose. NOW, THEREFORE, the City of Seward and Soto agree as follows: 1. Professional Services: Soto wilt contract as the City's GIS Technician to continue the work determined by the GIS needs assessment. Soto will be bound by all rules, policies, procedures, and ordinances about the position and its duties, including, but not limited to, City ordinances, and state and federal law. Soto shall be directly supervised by Community Development Director Meuninck and shall have such authority and responsibilities as may be delegated by the Community Development Director and City Planner, consistent with City Code. The work will be conducted remotely; however, Soto is expected to be reasonably available during City work hours to answer questions, receive assignments, participate in meetings, and conduct work -related tasks. 2. 1ndependent_Contractor_St2tua It is the intent of Soto and the City that Soto is and should be classified as an independent contractor and not an employee of the City. As such, Soto is not entitled to additional or procedural due process as may be applicable to City employees. Soto agrees to provide the City with the appropriate tax identification information and assumes responsibility for reporting and withholding any and all income taxes. Soto will procure and maintain during the life of the contract professional liability insurance coverage to include coverage for errors and omissions, in a form and amount satisfactory to the City and have it on file with the City. 3. Cq p o.satiQn Soto will invoice the City every two weeks for her services at the rate of $80 per hour, up to a maximum of 40 hours per week, for a maximum of 50 weeks a year. 4. CQ_nfltQf Interest Soto will devote full-time efforts to the position. Soto may accept or continue employment for other business entities during the term of this Agreement subject to meeting the performance obligations herein. In the event Soto learns of a potential conflict of interest, whether actual or perceived, Soto shall provide written notice of said conflict to the City Manager as soon as practical upon learning of the potential conflict. 5. Termination The City may terminate this Agreement at any time upon written notice. Termination may be for any reason or no reason and is at the sole discretion of the City. Upon termination, Soto shall be paid through the last day worked. Soto shall provide the City thirty (30) days written notice of her intent to terminate the Agreement; the City, at its election, may continue to retain Soto's services or terminate the Agreement effective immediately. In the event of such termination, Soto shall be entitled to compensation as stated herein, but no other benefits. 6. Term This contract shall not exceed two years. It may be evaluated and a new contract developed at that time. 7. Assignment Contractor may not assign for delegate this Agreement, or any part of it, except with the prior consent of the City. 8. Indemnification To the fullest extent permitted by law, Soto agrees to defend, indemnify and hold harmless the City of Seward, its elected and appointed officials, employees, and volunteers against any and all liabilities, claims, demands, lawsuits, or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with this contract. 9. Seyeribility Wherever possible, each provision of this Agreement shalt be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shalt be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 10. bice of Law and Fo[um Any controversy or claim arising out of or related to this Agreement, or the breach thereof shall be governed by the taws of the State of Alaska, and the venue for any legal proceedings thereon shall be the Superior Court for the State of Alaska, Third Judicial District, at Seward, Alaska. 11. Voluntary Execution Soto represents and acknowledges that prior to signing this Agreement, she has read the Agreement, understands its terms, conditions and provisions, and has voluntarily executed this Agreement without coercion. Soto additionally represents that she has had an adequate opportunity to consider entering into this Agreement, and if so desired, to discuss the terms, conditions, and provisions of this Agreement, as well as all related legal consequences, with an attorney of her choice. 12. Entir.Agreem n This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the performance of services by Soto and contains alt of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged. e,; DATED: _S _ 1_y/ar DATED: S I Iy 1 2g ATTEST: 4 Kat Sorensen City Manager Sia4A--