HomeMy WebLinkAboutMoser Consulting/ICS/$185,250/Consulting FeesMoser Consulting, Inc.
Department of Information Systems - 2020
Appropriation #43-404.00; P.O.#104521
Contract Not To Exceed $185,250.00
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is hereby made and entered into by
and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (hereinafter
"City"), and Moser Consultants, Inc. (hereinafter "Professional").
RECITALS
WHEREAS City owns and is responsible for the operation and maintenance of its property, personnel, public
works and infrastructure; and
WHEREAS, from time to time, City needs professional assistance in fulfilling its foregoing responsibilities;
and
WHEREAS, Professional is experienced in providing and desires to provide to City the professional services
(“Services”) referenced herein; and
WHEREAS, City desires to engage Professional as an independent contractor for the purpose of providing to
City the Services referenced herein;
NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and conditions set forth
herein, City and Professional mutually agree as follows:
SECTION 1 INCORPORATION OF RECITALS
The foregoing Recitals are hereby incorporated into this Agreement and made a part hereof.
SECTION 2 SCOPE OF SERVICES
2.1 City desires to engage Professional as an independent contractor for the Services set forth in attached
Exhibit A, incorporated herein by this reference.
2.2 Professional understands and agrees that City may, from time to time, request Professional to provide
additional or modified Services to City. When City desires additional Services from Professional, the City
shall notify Professional of such additional Services desired, as well as the time frame in which same are to
be provided. Only after City has approved Professional’s time and cost estimate for the provision of such
additional Services, has encumbered sufficient monies to pay for same, and has authorized Professional, in
writing, to provide such additional Services, shall such Services be provided by Professional to City. A copy
of the City’s authorization documents for the purchase of additional Services shall be numbered and attached
hereto in the order in which they are approved by City.
2.3 Time is of the essence of this Agreement.
DocuSign Envelope ID: 3B0EF2B5-D6AD-41CF-B807-885986887E5E
By Jon Oberlander at 10:16 am, Dec 15, 2020
DocuSign Envelope ID: D9A506C0-FCCC-4F7D-80F1-C7292938ADAE
Moser Consulting, Inc.
Department of Information Systems - 2020
Appropriation #43-404.00; P.O.#104521
Contract Not To Exceed $185,250.00
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SECTION 3 CITY'S RESPONSIBILITIES
3.1 City shall provide such information as is reasonably necessary for Professional to understand the Services
requested.
3.2 City shall provide all data required for provision of Services. Professional may assume that all data so
provided is correct and complete.
3.3. City shall arrange for Professional to enter upon public and private property as reasonably required for
Professional to perform the Services.
3.4 City shall designate payment of the Services from City budget appropriation number 43-404.00 funds.
3.5 City shall designate the Mayor or his duly authorized representative to act on City’s behalf on all matters
regarding the Services.
SECTION 4 PROFESSIONAL'S RESPONSIBILITIES
4.1 Professional shall perform the Services pursuant to the terms of this Agreement and within any applicable
time and cost estimate.
4.2 Professional shall coordinate with City its performance of the Services.
4.3 Professional shall provide the Services by following and applying at all times reasonable and lawful
standards as accepted in the industry.
SECTION 5 COMPENSATION
5.1 Professional estimates that the total price for the Services to be provided to City hereunder shall be no more
than One Hundred Eighty Five Thousand Two Hundred Fifty Dollars ($185,250.00) (the “Estimate”).
Professional shall submit an invoice to City no more than once every thirty (30) days for Services provided
City during the time period encompassed by such invoice. Invoices shall be submitted on a form containing
the same information as that contained on the Professional Services Invoice attached hereto as Exhibit B,
incorporated herein by this reference. City shall pay Professional for all undisputed Services rendered and
stated on such invoice within thirty five (35) days from the date of City’s receipt of same.
5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to exceed the
Estimate, without City’s prior written consent.
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Moser Consulting, Inc.
Department of Information Systems - 2020
Appropriation #43-404.00; P.O.#104521
Contract Not To Exceed $185,250.00
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SECTION 6 TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Section 7.1
hereinbelow, this Agreement shall be in effect from the Effective Date through December 31, 2021, and shall,
on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless
otherwise agreed by the parties hereto.
SECTION 7 MISCELLANEOUS
7.1 Termination
7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be terminated
by City or Professional, without cause, upon thirty (30) days’ notice.
7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be terminated
by City, for cause, immediately upon Professional’s receipt of City’s “Notice To Cease Services.”
7.1.3 In the event of full or partial Agreement termination, and as full and complete compensation
hereunder, Professional shall be paid for all such Services rendered and expenses incurred as of
the date of termination that are not in dispute, except that such payment amount shall not exceed
the Estimate. Disputed compensation amounts shall be resolved as allowed by law.
7.2 Binding Effect
City and Professional, and their respective officers, officials, agents, partners and successors in interest are
bound to the other as to all Agreement terms, conditions and obligations.
7.3 No Third Party Beneficiaries
Nothing contained herein shall be construed to give rights or benefits to anyone other than the parties
hereto.
7.4 Relationship
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Professional nor
any of its agents, employees or contractors are City employees. Professional shall have the sole
responsibility to pay to or for its agents, employees and contractors all statutory, contractual and other
benefits and/or obligations as they become due. Professional hereby warrants and indemnifies City for and
from any and all costs, fees, expenses and/or damages incurred by City as a result of any claim for wages,
benefits or otherwise by any agent, employee or contractor of Professional regarding or related to the subject
matter of this Agreement. This indemnification obligation shall survive the termination of this Agreement.
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Moser Consulting, Inc.
Department of Information Systems - 2020
Appropriation #43-404.00; P.O.#104521
Contract Not To Exceed $185,250.00
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7.5 Insurance
Professional shall procure and maintain with an insurer licensed to do business in the State of Indiana such
insurance as is necessary for the protection of City and Professional from all claims under workers'
compensation, occupational disease and/or unemployment compensation acts, because of errors and
omissions, because of bodily injury, including, but not limited to, the personal injury, sickness, disease, or
death of any of Professional’s employees, agents or contractors and/or because of any injury to or
destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage
amounts shall be no less than those amounts set forth on attached Exhibit C. Such insurance policies shall
not be canceled without thirty (30) days’ prior written notice to City.
7.6 Liens
Professional shall not cause or permit the filing of any lien on any of City’s property. In the event such a lien
is filed and Professional fails to remove it within ten (10) days after the date of filing, City shall have the right
to pay or bond over such lien at Professional’s sole cost and expense.
7.7 Default
In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Professional’s warranties; (b) fails to perform the Services as specified; (c) fails to
make progress so as to endanger timely and proper completion of the Services and does not correct such
failure or breach within five (5) business days after receipt of notice from City specifying same; or (d)
becomes insolvent, files, or has filed against it, a petition for receivership, makes a general assignment for
the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall
have the right to terminate all or any part of this Agreement, without liability to Professional and to exercise
any other rights or remedies available to it at law or in equity.
7.8 Government Compliance
Professional agrees to comply with all laws, executive orders, rules and regulations applicable to
Professional’s performance of its obligations under this Agreement, all relevant provisions of which being
hereby incorporated herein by this reference, to keep all of Professionals’ required professional licenses and
certifications valid and current, and to indemnify and hold harmless City from any and all losses, damages,
costs, liabilities, damages, costs and attorney fees resulting from any failure by Professional to do so. This
indemnification obligation shall survive the termination of this Agreement.
7.9 Indemnification
Professional shall indemnify and hold harmless City and its officers, officials, employees and agents from all
losses, liabilities, claims, judgments and liens, including, but not limited to, all damages, costs, expenses and
attorney fees arising out of any intentional or negligent act or omission of Professional and/or any of its
employees, agents or contractors in the performance of this Agreement. This indemnification obligation shall
survive the termination of this Agreement.
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Moser Consulting, Inc.
Department of Information Systems - 2020
Appropriation #43-404.00; P.O.#104521
Contract Not To Exceed $185,250.00
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7.10 Discrimination Prohibition
Professional represents and warrants that it and each of its employees, agents and contractors shall comply
with all existing and future laws prohibiting discrimination against any employee, applicant for employment
and/or other person in the subcontracting of work and/or in the performance of any Services contemplated by
this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter
directly or indirectly related to employment, subcontracting or work performance hereunder because of race,
religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran
status. This indemnification obligation shall survive the termination of this Agreement.
7.11 E-Verify
Pursuant to I.C. § 22-5-1.7 et seq., Professional shall enroll in and verify the work eligibility status of all of its
newly-hired employees using the E-Verify program, if it has not already done so as of the date of this
Agreement. Professional is further required to execute the attached Affidavit, herein referred to as Exhibit D,
which is an Affidavit affirming that: (i) Professional is enrolled and is participating in the E-verify program, and
(ii) Professional does not knowingly employ any unauthorized aliens. This Addendum incorporates by
reference, and in its entirety, attached Exhibit D. In support of the Affidavit, Professional shall provide the City
with documentation that it has enrolled and is participating in the E-Verify program. This Agreement shall not
take effect until said Affidavit is signed by Professional and delivered to the City’s authorized representative.
Should Professional subcontract for the performance of any work under this Addendum, the
Professional shall require any subcontractor(s) to certify by affidavit that: (i) the subcontractor does not
knowingly employ or contract with any unauthorized aliens, and (ii) the subcontractor has enrolled and is
participating in the E-verify program. Professional shall maintain a copy of such certification for the duration
of the term of any subcontract. Professional shall also deliver a copy of the certification to the City within
seven (7) days of the effective date of the subcontract.
If Professional, or any subcontractor of Professional, knowingly employs or contracts with any
unauthorized aliens, or retains an employee or contract with a person that the Professional or subcontractor
subsequently learns is an unauthorized alien, Professional shall terminate the employment of or contract with
the unauthorized alien within thirty (30) days (“Cure Period”). Should the Professional or any subcontractor of
Professional fail to cure within the Cure Period, the City has the right to terminate this Agreement without
consequence.
The E-Verify requirements of this Agreement will not apply, should the E-Verify program cease to exist.
7.12 Severability
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent
jurisdiction, that provision shall be stricken, and all other provisions of this Agreement that can operate
independently of same shall continue in full force and effect.
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Moser Consulting, Inc.
Department of Information Systems - 2020
Appropriation #43-404.00; P.O.#104521
Contract Not To Exceed $185,250.00
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7.13 Notice
Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement
shall be written and either hand-delivered or sent by prepaid U.S. certified mail, return receipt requested,
addressed to the parties as follows:
CITY:
City of Carmel Douglas C. Haney
Department of Information Systems Corporation Counsel
31 1st Avenue NW One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
PROFESSIONAL:
Moser Consulting, Inc.
6220 Castleway West Drive
Indianapolis, Indiana 46250
Notwithstanding the above, City may orally provide to Professional any notice required or permitted by this
Agreement, provided that such notice shall also then be sent as required by this paragraph within ten (10)
business days from the date of such oral notice.
7.14 Effective Date
The effective date (“Effective Date”) of this Agreement shall be the date on which the last of the parties
hereto executes same.
7.15 Governing Law; Lawsuits
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana,
except for its conflict of laws provisions, as well as by all ordinances and codes of the City of Carmel,
Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they waive any right to a jury trial
they may have, agree to file such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree
that such court is the appropriate venue for and has jurisdiction over same.
7.16 Waiver
Any delay or inaction on the part of either party in exercising or pursuing its rights and/or remedies hereunder
or under law shall not operate to waive any such rights and/or remedies nor in any way affect the rights of
such party to require such performance at any time thereafter.
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Moser Consulting, Inc.
Department of Information Systems - 2020
Appropriation #43-404.00; P.O.#104521
Contract Not To Exceed $185,250.00
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7.17 Non-Assignment
Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder without City’s
prior written consent.
7.18 Entire Agreement
This Agreement contains the entire agreement of and between the parties hereto with respect to the subject
matter hereof, and no prior agreement, understanding or representation pertaining to such subject matter,
written or oral, shall be effective for any purpose. No provision of this Agreement may be amended, added to
or subtracted from except by an agreement in writing signed by both parties hereto and/or their respective
successors in interest. To the extent any provision contained in this Agreement conflicts with any provision
contained in any exhibit attached hereto, the provision contained in this Agreement shall prevail.
7.19 Representation and Warranties
Each party hereto represents and warrants that it is authorized to enter into this Agreement and that any
person or entity executing this Agreement on behalf of such party has the authority to bind such party or the
party which they represent, as the case may be.
7.20 Headings
All headings and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
7.21 Advice of Counsel
The parties warrant that they have read this Agreement and fully understand it, have had an opportunity to
obtain the advice and assistance of counsel throughout the negotiation of same, and enter into same freely,
voluntarily, and without any duress, undue influence or coercion.
7.22 Copyright
City acknowledges that various materials which may be used and/or generated by Professional in
performance of Services, including forms, job description formats, comprehensive position questionnaire,
compensation and classification plan and reports are copyrighted. City agrees that all ownership rights and
copyrights thereto lie with Professional, and City will use them solely for and on behalf of its own operations.
City agrees that it will take appropriate action with its employees to satisfy its obligations with respect to use,
copying, protection and security of Professional’s property.
7.23 Personnel
Professional represents that it has, or will secure at its own expense, all personnel required in performing the
services under this agreement. Such personnel shall not be employees of or have any contractual
relationship with City. All of the services required hereunder will be performed by Professional or under his
supervision and all personnel engaged in the work shall be fully qualified to perform such services.
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Moser Consulting, Inc.
Department of Information Systems - 2020
Appropriation #43-404.00; P.O.#104521
Contract Not To Exceed $185,250.00
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7.24 Records and Inspections
Professional shall maintain full and accurate records with respect to all matters covered under this
agreement for three (3) years after the expiration or early termination of this Agreement. City shall have free
access at all proper times to such records and the right to examine and audit the same and to make
transcripts there from, and to inspect all program data, documents, proceedings and activities.
7.25 Accomplishment of Project
Professional shall commence, carry on, and complete the project with all practicable dispatch, in a sound
economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In
accomplishing the project, Professional shall take such steps as are appropriate to ensure that the work
involved is properly coordinated with related work being carried on within City’s organization.
7.26 Debarment And Suspension
7.26.1 The Professional certifies by entering into this Agreement that neither it nor its principals nor any of
its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency
or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an
officer, director, owner, partner, key employee or other person with primary management or supervisory
responsibilities, or a person who has a critical influence on or substantive control over the operations of the
Professional.
7.26.2 The Professional certifies that it has verified the state and federal suspension and debarment status
for all subcontractors receiving funds under this Agreement and shall be solely responsible for any
recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The
Professional shall immediately notify the City if any subcontractor becomes debarred or suspended, and
shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the
subcontractor for work to be performed under this Agreement.
7.27 Access to Public Records Act
Professional understands and agrees that any “public record”, as that term is defined in Indiana Code 5-14-3-
2(m), as amended, that is related to the subject matter of this Agreement, whether the same is in the
possession or control of the Professional or the City, shall be subject to release under and pursuant to the
provisions of Indiana’s Access to Public Records Act, as codified in Indiana Code 5-14-3-1, et seq., as
amended.
7.28 IRAN CERTIFICATION.
Pursuant to I.C. § 5-22-16.5, the Professional shall certify that, in signing this Agreement, it does not engage
in investment activities within the Country of Iran.
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Moser Consulting, Inc.
Department of Information Systems - 2020
Appropriation #43-404.00; P.O.#104521
Contract Not To Exceed $185,250.00
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA Moser Consulting, Inc.
by and through its Board of Public
Works and Safety
BY: BY:
James Brainard, Presiding Officer Authorized Signature
Date:
Printed Name:
Title:
Mary Ann Burke, Member
Date: FID/TIN:
Last Four of SSN if Sole Proprietor:
Lori S. Watson, Member Date:
Date:
ATTEST:
Sue Wolfgang, Clerk
Date:
DocuSign Envelope ID: 3B0EF2B5-D6AD-41CF-B807-885986887E5E
N/A
Tyron S. Moser
12/8/2020
35-1975338
President / CEO
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12/17/2020
12/17/2020
12/17/2020
12/17/2020
0 | P a g e
Moser Managed Services
Desktop Support
November 13, 2020
EXHIBIT
A (1 of 5)
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CONCENTRATED ON TECHNOLOGY.
FOCUSED ON RESULTS.
Services Provided For This Engagement
Included as part of this engagement, Moser will provide Desktop Support to the City of Carmel IT Department
to assist in managing and supporting its desktop support needs including t supporting the City of Carmel’s
Windows and Office 365 environments. Moser’s Managed Services Support team has extensive knowledge in
various desktop administration, trouble shooting, setup and management, configuration management,
including performance tuning, upgrades, Microsoft 365 and patch management.
Desktop Support Services
Moser Managed Services provides end-to-end management of City of Carmels workstations with a focus on
lowering total cost of ownership by bringing in best practices that include standardization, best-of-breed tools
and the latest technologies thereby reducing the management complexity. These services include desktop
imaging, Microsoft 365 Administration and associated hardware and software support; scheduled preventive
maintenance; and maintaining operations, maintenance, administrative and quality assurance plans and
procedural documentation.
The following activities will be performed as part of the Desktop Support Services:
Desktop Support Service Tasks Frequency
Network Password Resets and Management As Needed
Active Directory Support and Management (included, Access and Permission
Management, Group Policy Management and Administration) Ongoing
Printer connections issues and other print related troubleshooting items Included
Advanced Desktop Trouble Shooting Included
Create, remove and maintain user accounts and permissions Included
Install PC software upgrades (upgrades that incur costs and other major
upgrades will only be installed after consultation with City of Carmel Parks) Included
Fix user errors/mistakes: (e.g., accidental file deletion, forgotten password, etc.) Included
Assist users with support queries (e.g., how to connect to OneDrive, OneDrive
Sync issues, where to save shared files, etc.) Included
EXHIBIT
A (2 of 5)
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CONCENTRATED ON TECHNOLOGY.
FOCUSED ON RESULTS.
Desktop Support Service Tasks Frequency
Remote and Onsite Support Included
Enforce password policies and permissions Included
Computer Skills training sessions for employees to help resolve recurring
problems As Needed
Monthly Workstations Updates and Hot Fixes (laptops/desktops) Included
Employee Onboarding/Offboarding
Active Directory Account Setup Included
New Account Creation and Account Deletion (O365) Included
Workstation Setup and Installation (Physical & Virtual) Included
New User First-Time Login Support Included
Assumptions
Prior to the engagement, client will provide security clearance, system access and passwords that are
appropriate for this engagement.
Client will provide a suitable work area (cube, chair, etc.) for the Moser resource while onsite.
Client will assign a key contact that Moser can escalate issues and/or information requests.
Changes to the requirements for deliverables, scope or analysis activities may constitute a new
Statement of Work to be issued.
Work shall be delivered via a combination of onsite interaction and remote analysis.
Engagement Protocol
In addition to the professional consultant team support defined, Moser will provide an Engagement Manager
(EM) to assist in engagement governance and communication. The Moser EM is responsible for working with
our client to be the first point of contact with regard to services requested, completed and/or escalated and
communicated under this SOW and Master Services Agreement. For this engagement, they will also serve as
the Trusted Advisor to the City of Carmel.
EXHIBIT
A (3 of 5)
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CONCENTRATED ON TECHNOLOGY.
FOCUSED ON RESULTS.
Assigned Resources and Effort
Title/Resource Estimated Effort
Consultant – Desktop Support Specialist 37.5 Hrs. / Weekly
Rate(s)
Title/Resource Discounted Rate for
City of Carmel Moser Published Rate
Desktop Support Specialist $ 95.00 / hr * $ 115.00 / hr
*Discounted rate. Approved by Managing Director.
Managed Services – Time & Materials Fees
Statement of Work to be billed as Time & Materials (T&M) at a rate identified in the RATE(S) section. The
Desktop Support is estimated for thrity-seven and half (37.5) hours weekly of on-site support. Specific tasks
and work to be preformed will be allocated and assigned by the City of Carmel IT management. The service
will be set for a period of twelve (12) months. The City of Carmel has the opportunity to flex outside of the
estimated effort based on actual needs and will be billed on a time and materials basis for all additional hours
above the estimated effort per the table in the Rate(s) section above. The Moser EM will work with the City of
Carmel IT Leadership to understand and plan for upcoming efforts as requested.
EXHIBIT
A (4 of 5)
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CONCENTRATED ON TECHNOLOGY.
FOCUSED ON RESULTS.
Terms and Conditions
Payment for Services
Client agrees to pay charges for Services rendered by Moser in accordance with this Statement of Work. All
out-of-pocket expenses must be pre-approved by the client and will be added to invoices, including travel,
meals, lodging, supplies, and incidental expenses. Services provided on a time and materials basis and/or any
expenses shall be invoiced monthly. All invoices are payable within thirty (30) days and amounts not timely
paid shall bear interest at one and one-half percent (1.25%) per month. Moser may suspend the provision of
Services during any period when Client has failed to timely pay Moser any amount owing hereunder. In any
collection action relating to this Agreement, Moser shall be entitled to recover its costs of collection, including
reasonable attorneys' fees.
Warranty
Moser warrants that the Services will be performed by qualified personnel. If during the ten (10) days following
the delivery of any Deliverable, Client informs Moser of a non-conformity between the Deliverable and written
specifications therefore provided herein or in a Statement of Work, then Moser agrees to either correct the
non-conformity at no additional charge, or refund monies paid by Client for that portion of the Services
attributable to the non-conformity. MOSER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
REGARDING THE SERVICES OR THE DELIVERABLES, INCLUDING THE WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.
Liability and Remedies
Moser's liability for damages in connection with Services, regardless of the legal theory of any claim, shall not
exceed the amount paid by Client to Moser for the Services, as such amount is set forth in the Statement of
Work pursuant to which the Services were rendered, and such claim for a return of amounts paid shall be
Client's exclusive remedy for any claim related to Services. EXCEPT WITH RESPECT TO THE BREACH OF A
PARTY'S CONFIDENTIALITY OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY
FOR LOST PROFITS OR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE
DAMAGES, WHETHER OR NOT FORESEEABLE, AND REGARDLESS OR WHETHER THE PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
Non-Solicitation
Client agrees that during the term of this agreement and for a period of twelve (12) months thereafter, it
shall not knowingly solicit to employ, employ or enter into any contracts for the services of Moser personnel
who have provided services under this agreement, directly or through a third party, or knowingly enter into
any related discussions, without having obtained Moser’s written approval. Client acknowledges that Moser
may make such approval conditional upon Client paying it one hundred fifty percent (125%) of the
individual’s annual salary for the first year as compensation.
EXHIBIT
A (5 of 5)
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EXHIBIT B
Invoice
Date:
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
(Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
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EXHIBIT C
INSURANCE COVERAGES
Worker’s Compensation & Disability Statutory Limits
Employer’s Liability:
Bodily Injury by Accident/Disease: $100,000 each employee
Bodily Injury by Accident/Disease: $250,000 each accident
Bodily Injury by Accident/Disease: $500,000 policy limit
Property damage, contractual liability,
products-completed operations:
General Aggregate Limit (other than
Products/Completed Operations): $500,000
Products/Completed Operations: $500,000
Personal & Advertising Injury
Policy Limit: $500,000
Each Occurrence Limit: $250,000
Fire Damage (any one fire): $250,000
Medical Expense Limit (any one person): $ 50,000
Comprehensive Auto Liability (owned, hired and non-owned)
Bodily Single Limit: $500,000 each accident
Injury and property damage: $500,000 each accident
Policy Limit: $500,000
Umbrella Excess Liability
Each occurrence and aggregate: $500,000
Maximum deductible: $ 10,000
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EXHIBIT D
AFFIDAVIT
_____________________________________________, being first duly sworn, deposes and says that
he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this
matter, could testify as follows:
1. I am over eighteen (18) years of age and am competent to testify to the facts contained
herein.
2. I am now and at all times relevant herein have been employed by
_____________________________________________ (the “Employer”)
in the position of ______________________________________.
3. I am familiar with the employment policies, practices, and procedures of the Employer and
have the authority to act on behalf of the Employer.
4. The Employer is enrolled and participates in the federal E-Verify program and has
provided documentation of such enrollment and participation to the City of Carmel,
Indiana.
5. The Company does not knowingly employ any unauthorized aliens.
FURTHER AFFIANT SAYETH NOT.
EXECUTED on the _________day of __________________________, 20___.
___________________________________
Printed:_____________________________
I certify under the penalties for perjury under the laws of the United States of America and the State of
Indiana that the foregoing factual statements and representations are true and correct.
__________________________________________
Printed: _____________________________
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Tyron S. Moser
December 20
Tyron S. Moser
President / CEO
Tyron S. Moser
8th
Moser Consulting, Inc
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