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HomeMy WebLinkAboutRES2023-095 GIS Technician Contract - Soto Sponsored by: Regis CITY OF SEWARD,ALASKA RESOLUTION 2023-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER AN INDEPENDENT CONTRACTOR AGREEMENT WITH SELENA SOTO FOR GIS TECHNICAL SERVICES AND APPROPRIATING FUNDS. 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 an articulated need for an accurate and modern GIS system across all departments; and WHEREAS, Having an up to date and maintained GIS system will save the city significant money in worker efficiency and provide accurate information for decision making; and WHEREAS, over the last two years, Selena Sota has made significant progress in cleaning up our GIS and beginning to lay the groundwork forgetting it up to date; and WHEREAS, Selena Soto has demonstrated her work ethic and ability to work well with all departments and go above and beyond what-is required of her; 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$110,000. 00 is appropriated from the General Fund Unassigned Account Number 01000-0000-3400 to Contracted Services Account Number 01000- 1122- 7009. Section 3. This resolution is effective upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska,this 14th day of August, 2023. CITY OF SEWARD,ALASKA RESOLUTION 2023-095 THE CITY OF SEWARD, ALASKA "J c xitt-ikracc Sue McClure, Mayor AYES: DeMoss, Finch, Barnwell, Calhoon, Osenga, McClure NOES: None ABSENT: Wells ABSTAIN: None ATTEST: A_ Kris Peck City Clerk (City Seal) y ♦♦.``of SE{1q •,., ����O��TFpO ,,% C� VsL . • _ : . 5 • %;T�rE OF Pam.•♦ City Council Agenda Statement Meeting Date: August 14, 2023 To: City Council Through: Norm Regis,Acting City Manager From: Jason Bickling, Community Development Director Subject: Resolution 2023-095: Authorizing The City Manager to Enter An Independent Contractor Agreement with Selena Soto for GIS Technical Services and Appropriating Funds Background and justification: The City of Seward has contracted for GIS services for on number of small projects in the past 20 years or so at rates between $95 and $130 per hour. hi 2021,the City contracted with Flo Analytics to create a comprehensive GIS needs assessment of the current status and needs going forward of the City's GIS system. The summary of the GIS Needs assessment is that: - We need to have a full-time person dedicated to the tasks of cleaning up from the past and building our GIS for the future. - Across all departments,there was an articulated need for an accurate and modern GIS system. - An accurate,up to date GIS system will save the City significant money in worker efficiency as well as ensure the accurate information is being used for decision making. (The City is significantly behind compared to most other municipalities which is costing us time and money in efficiency.) We cancelled the work portion of the contract with Flo Analytics because the rate was $220/hour and our own internal employee (Selena Soto)could do higher quality work,more efficiently, at a significant savings. Selena will be moving, and we would like to continue to work with Selena and have her complete the projects that she has started. Her GIS skillset is not a common skillset which is why the city has contracted out for it in the past. We already know the rates that other entities that we have worked with charge. Selena has demonstrated a very high quality of work and efficiency in getting work done. If approved, Selena would continue to work as an integral part of the Community Development Department. She would provide monthly detailed reports on work completed which would be included in the Community Development CMR Report. By Code we cannot do more than a two-year contract. After two years,we would evaluate and could then enter another contract if both parties agree. The amount budgeted is a not to exceed amount and based on a$55 and hour rate for 40 hours a week for 50 weeks. This does not remove a union position. She was originally hired as a Department Admin but was reclassified to a GIS Tech. We will be posting for the department admin position in the near future. 234 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: Certification of Funds Total amount of funds listed in this legislation: $ $110,000 (not to exceed amount) This legislation(✓): Creates revenue in the amount of: $ X Creates expenditure in amount of: $ 110,000 Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): X Not budgeted Not applicable Fund Balance Information Affected Fund(✓): X General SMIC Electric Wastewater Boat Harbor Parking Water Healthcare Motor Pool Other Note: amounts are unaudited Available Fund Balance $ Finance Director Signature: ("Zoe-a- Attorney Review X Yes Attorney Signature: Sam Severin Not applicable Comments: Administration Recommendation XeAdopt Resolution Other: 235 INDEPENDENT CONTRACTOR AGREEMENT The parties to this Independent Contractor Agreement ("Agreement") are Selena Soto ("Soto") and the City of Seward (the "City"). WHEREAS, Soto, as the current GIS Technician with the City will be leaving the state in the fall for personal reasons; 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 proposed an agreement to continue her work on the GIS needs of the City as determined by the needs assessment conducted in the fall of 2021; and WHEREAS, the City desires to contract with Soto for this purpose. NOW, THEREFORE, the City of Seward and Soto agree as follows: Professional Services Soto will 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, state and federal law. Soto shall be directly supervised by Community Development Director Bickling and shall have such authority and responsibilities as may be delegated by the Community Development Director, consistent with City Code. The work will be conducted remotely; however, Soto is expected to be reasonable available during City work hours to answer questions, receive assignments, participate in meetings and to conduct work-related tasks. 2. Independent Contractor Status 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 1 238 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. Compensation Soto will invoice the City bi-monthly for her services at the rate of $55 per hour up to a maximum of 40 hours per week for a maximum of 50 weeks a year. 4. Conflict of 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 or delegate this Agreement, or any part of it, except with the prior consent of the City. 8. Indemnification z 239 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. Severability Wherever possible, each provision of this Agreement shall 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 shall 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. Choice of Law and Forum Any controversy or claim arising out of or related to this Agreement, or the breach thereof shall be governed by the laws 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. Entire Agreement 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 all 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 3 240 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. DATED: Norm Regis Acting City Manager City of Seward DATED: Selena Soto 4 241