HomeMy WebLinkAboutR A Smith National/ENG/3,750/Permitrac setup ,RSmith National
Engineering- 2013
Appropriation#211-4462838: P.O.#25274
Contract Not To Exceed $3,750.00
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AGREEMENT FOR PROFESSIONAL SERVICES t
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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 R. A. Smith National (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.
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R. A' Smith National
Engineering- 2013
Appropriation #2 1 1-4462838: P.O.#25274
Contract Not To Exceed $3,750.00
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 211-4462838 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 Three Thousand Seven Hundred Fifty Dollars ($3,750.00) (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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R. A. Smith National
Engineering-2013
Appropriation#211-4462838: P.O.#25274
Contract Not To Exceed $3,750.00
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, 2013, 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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•R. A. Smith National
Engineering-2013
Appropriation#211-4462838: P.O.#25274
Contract Not To Exceed $3,750.00
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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,R. A. Smith National
Engineering- 2013
Appropriation#2 f 1-4462838: P.O.#25274
Contract Not To Exceed $3,750.00
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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R. A. Smith National
Engineering- 2013
Appropriation#211-4462838: P.O.#25274
Contract Not To Exceed$3.750.00
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 Engineering Carmel City Attorney
One Civic Square One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
ATTENTION: Michael McBride
PROFESSIONAL:
R. A. Smith National, Inc.
100 W. Lawrence St., Ste. 412
Appleton, WI 54911-5754
Telephone: 920-731-3499
Fax: 920-731-8398
ATTENTION: Jeff Mazanec, Sr. Project Manager
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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,R. A. Smith National
Engineering-2013
Appropriation#211-4462838: P.O.#25274
Contract Not To Exceed $3.750.00
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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.R. A. Smith National
Engineering- 2013
Appropriation#211-4462838: P.O.#25274
Contract Not To Exceed $3,750.00
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 IRAN CERTIFICATION.
Pursuant to I.C. § 5-22-16.5, the Consultant shall certify that, in signing this document, it does not engage in
investment activities within the Country of Iran.
(remainder of page intentionally left blank)
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R.A.Smith National
Engineering-2013
Appropriation#211.4462838; P.O.#25274
Contract Not To Exceed$3,750.00
IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA R.A. Smith National, Inc.
by and through its Board of Public
Works and Safety
BY: BY:
tries Brainard, Presiding •-' - S Aut' I'y• gnature
Date:
Otte. Name g ZQNE CAP
Title: a PQ-DJi IJG0Ri
Mary Ann = rkylem r
Date; D , FID[CIN: (361 " *-71(
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Date: g- 7�/9
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R.A.Smith National
Boond Surveying
April 24, 2013 and Engineering
Mr.John Thomas
Storm Water Administrator
City of Carmel, IN
One Civic Square
Carmel, IN 46032
Re: PermiTrackEsc Setup and Training Services
Proposed Professional Services Agreement
Dear Mr.Thomas:
Thank you for the opportunity to offer this Professional Services Agreement (Agreement) between the
City of Carmel, IN (Owner) and R.A.Smith National, Inc. ((USN) for PermiTrackEsc Setup and
Training Services (Project). We sincerely appreciate this opportunity to provide these services in
support of your permit compliance efforts.
This Agreement is intended to accompany your subscription to MyPermiTrack.com for portal application
services, specifically PermiTrackEsc. It defines Project Information, our Scope of Services, Additional
Services, Owner Responsibilities, Schedule, Professional Fees and RASN's General Contract Terms for
Professional Services.
I. Project Information
A. Title: PermiTrackEsc Setup and Training Services
B. Description: The purpose of this project is to prepare the PermiTrack.com application for user
training and initial use specific to the City of Carmel, IN. This includes services to establish the
city as a new subscriber and to set up of the PermiTrackEsc application for your use. This
project also includes a training workshop for your staff using the prepared database
information and application setup.
II. Scope of Services:
RASN's services, as an Authorized PermiTrack Business Partner for this project, are offered in two
phases:
A. Setup Phase - PermiTrackEsc: Establish Owner information and primary users in the
PermiTrack database, and populate the application with default project types, BMP library,
graphic logos and content specific to the City of Carmel, IN. This will support user training and
initial implementation with the training phase. Content used for this task is either default
information from our existing user base or as specifically provided by the Owner and
subsequently edited to best fit.
1) Owner Information- Will establish the Owner and Client Administrator.
2) Project Types-Will set up standard base types and edit as appropriate.
3) BMPs/ Inspection Items - Will use a recent standard BMP library from other
•
PermiTrackEsc users or an Owner-supplied list.
Exhibit
Deliver excellence,vision,and responsive service to our clients.
014
100 West Lawrence Street,Suite 412• Appleton,WI 54911-5754.(920)731-3499• Fax(920)731-8398
Corporate Office:Brookfield,WI•rasmithnational.com
R.A.Smith National
Mr.John Thomas
April 24,2013
Page 2
4) Owner logo or graphics -Will incorporate your City logo if available or prepare default
graphics for future updating by the Owner.
5) Sample, or Advance Project- Will create a sample project for the training workshop, or
enter a real project if information is available from the Owner in advance.
B. Training Phase - A training workshop will be provided at the Owner's offices or other
convenient location in Carmel, IN. Our experience with past training workshops is that they are
most effective when each participant has live Internet access throughout the training. We
understand that coordinating staff schedules can be challenging so will offer flexibility within
the training workshop period to accommodate different user schedules as much as possible.
RASN will also offer general PermiTrack demonstration sessions for Owner's staff or other
parties who will not be direct users of the application but may be involved in management or
oversight of the Owner's operations or permit compliance efforts. This session will be
conducted in person if it can be scheduled within the time frame of the training workshop or
conducted remotely using web conferencing technology upon request.
The PermiTrackssc training focuses on creating key background information (BMP library,
project types, partners, automated reminders, etc.) and the process of construction project
setup within the application for erosion and sediment control inspections. Different elements
of this training workshop apply uniquely to Owner's staff based on their individual roles in the
program related to program administration, design review, permitting, inspections and permit
enforcement.
III. Additional Services:
Unless specified elsewhere in this Agreement, the following services are not included as part of this
project. If requested,an amendment to this Agreement for these or other Additional Services will be
offered for the Owner's consideration and if authorized,will be provided.
A. Extended services beyond those specifically described in the Scope of Services.
B. Ongoing updates to Owner's data in the PermiTrack applications after completion of the initial
setup.
IV. Owner's Responsibilities
A. The Owner shall have the responsibilities set forth in the General Contract Terms for
Professional Services and those stated herein, including:
1) Provide advance information as necessary to complete application setup services.
2) Owner will actively participate in a User Training Workshop conducted by RASN,
preferably with active web access for all participants.
V. Schedule
A. Setup Phase - Owner agrees to provide supporting materials noted above in advance of the
scheduled User Training Workshop. If available, this would also include a copy of the Owner's
preferred BMP library. RASN agrees to complete setup of the PermiTrack applications using
those materials in advance of the User Training Workshop.
R
RASN No. 1130149-RASN Carmel IN PermiTrack Services.docx Q, bC 4
•
R.A.Smith National
Mr. John Thomas
April 24,2013
Page 3
B. User Training Workshop - Training will be coordinated with Client staff and is currently
scheduled to be conducted(tentatively week of May 20] , 2013.
VI. Professional Fees
A. Owner shall pay RASN a lump sum amount of$3,750 for the professional services described
above,including the cost of expenses directly related to the project.
B. RASN will submit an invoice upon completion of the authorized services describing the
professional services provided. Owner agrees to pay RASN within 30 days of the latter of
completion of the User Training Workshop and receipt of the invoice.
The attached General Contract Terms for Professional Services are hereby made part of this Agreement. If
there are any questions concerning those, or the terms as presented, please contact us. If satisfactory,
please return one signed copy of this agreement to authorize R.A.Smith National, Inc. to proceed with the
project. We sincerely appreciate this opportunity to work with the City of Carmel, IN and look forward to
a very successful project with you.
Sincerely,
R.A.Smith National, Inc.
Jeff M. Mazanec, P.E.
Sr. Project Manager
(920) 731-8397 Ext 3406
J eff.Mazanec@RASmithNational.com
Authorized by:
City of Carmel, IN (Owner)
Mr.John Thomas Date
Storm Water Administrator
/ •
RASN No. 1130149-RASN Carmel IN PermiTrack Services.docx VY
3 Y
•
GENERAL CONTRACT TERMS R.A.SmithNational
FOR PROFESSIONAL SERVICES
1. All of the work described herein shall be completed in accordance the OWNER as required herein,and/or upon judgment of a court having
with generally and currently accepted engineering and surveying jurisdiction in the matter requiring release of such records.
principals and practices.
6. Payment for invoices is due upon receipt; amounts outstanding
2. In the event all or any portion of the work prepared or partially after 45 days from the date of invoice will be considered delinquent
prepared by RASN is suspended,abandoned,or terminated,the OWNER and subject to a service charge at the rate of 1''/,% compounded
shall pay RASN all fees, charges and expenses incurred to date. RASN monthly. Invoices will usually be sent monthly for work performed
may suspend or terminate this Agreement upon seven(7)days written during the previous month.OWNER understands,and agrees to pay for
notice if the OWNER fails to substantially perform in accordance with all services rendered regardless of OWNER's ability or inability to
this Agreement. Failure to make payments in accordance herewith proceed with the project for any reason,gain governmental approvals
shall constitute substantial nonperformance. or permits, or secure financing for the project. The OWNER shall
3. RASN cannot be held responsible for project schedule delays caused provide RASN with a clear, written statement within twenty(20) days
by weather, violence, acts of God, and public agencies or private of the date of the invoice of any objections to the invoice. RASN
businesses over which it has no control. RASN shall act only as an advisor reserves the right to immediately suspend work and/or terminate this
agreement due to lack of timely payment of uncontested invoices by
in all governmental relations.Such delays as caused by said occurrences, OWNER.
if not solely the result of RASN'S failure to meet submittal deadlines,may
result in adjustments to said schedules and estimates/fees. 7. Both parties agree that all disputes, including, but not limited to
4. All electronic files transferred to OWNER or his DESIGNEE by RASN errors, liability, claims for services and fees, expenses, losses, etc., may
are provided solely for the convenience of the OWNER and are upon mutual consent be submitted for non-binding mediation, by a
warranted only to the extent that they conform to the original mutually acceptable mediator.Any fees and/or expenses charged by the
document(s) produced by RASN. All electronic file(s) are transmitted in mediator shall be shared equally between RASN and OWNER.
trust for the sole use of the OWNER and his DESIGNEE.Any use by third 8. Nothing contained in this Agreement shall create a contractual
parties shall not be at the risk of the RASN. relationship with or a cause of action in favor of a third party against
5. OWNER and RASN recognize that applying applicable Wisconsin either the OWNER or the RASN. RASN'S services under this Agreement
are being performed solely for the OWNER'S benefit,and no other entity
public records laws to particular records requests can be difficult,in light shall have any claim against RASN because of this Agreement or the
of copyright and other confidentiality protections. To ensure that performance or nonperformance of services hereunder.
applicable laws are followed, both with regard to private rights,and with
regard to public records laws,OWNER and RASN agree as follows.When "*"""`
OWNER receives public records requests for matters that OWNER R.A.Smith National, Inc. RASN
believes might be proprietary or confidential information, OWNER will 100 W Lawrence Street,Suite 412
notify RASN of the request. Within three (3) days of such notification Appleton,WI 54911
(subject to extension of time upon mutual written agreement), RASN
shall either provide OWNER with the record that is requested,for release
to the requestor;or RASN shall advise OWNER that RASN objects to the
release of the requested information, and the basis for the objection. If By:
for any reason OWNER concludes that RASN is obligated to provide a Jeff Mazanec, PE, Sr. Project Manager
record to a requestor that is in RASN's possession, RASN shall provide
such records to OWNER immediately upon OWNER'S request.RASN shall
not charge for work performed under this paragraph, except for the Date: 2013
"actual, necessary and direct" charge of responding to the records
request,as that is defined and interpreted in Wisconsin law. PROJECT: PermiTrackrsc Setup and Training Services
In addition to,and not to the exclusion or prejudice of,any provisions of The above and foregoing Agreement is hereby accepted
this agreement or documents incorporated herein by reference, RASN and RASN is authorized to proceed with the work.
shall indemnify and save harmless and agrees to accept tender of
defense and to defend and pay any and all legal,accounting, consulting,
engineering and other expenses relating to the defense of any claim City of Carmel, IN OWNER
asserted or imposed upon the OWNER, its officers, agents, employees One Civic Square
and independent professionals growing out of (i) OWNER'S denial of a Carmel,IN 46032
records request, based upon objections made by RASN, or (ii) RASN'S
failure to provide records to OWNER upon OWNER'S request; or (iii)
OWNER'S charges made to a records requestor, based upon By:
reimbursement of costs RASN charged to OWNER in responding to a Mr.John Thomas,Storm Water Administrator
records request; or (iv) OWNER'S lack of timely response to a records
request, following RASN'S failure to timely respond to OWNER as
required herein;or(v)OWNER'S provision of records to a requestor that
were provided to OWNER by RASN in response to a records request.
RASN'S claims of proprietary rights, or any other copyright or Date:
confidentiality claims,shall be waived such that OWNER may provide all
requested documents, programs, data, and other records to the
requestor, upon failure by RASN to defend, indemnify or hold harmless
RASN No. 1130149-RASN Carmel IN PermiTrack Services.docx 4 f,4
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E-Verifv Affidavit
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Pursuant to Indiana Code 22-54.7-11, the Contractor entering into a contract with the City is
required to enroll in and verify the work eligibility status of all its newly hired employees through
the E-Verify program. The Contractor is not required to verify the work eligibility status of all its
newly hired employees through the E-Verify program if the E-Verify program no longer exists.
The undersigned, on behalf of the Contractor, being first duly sworn, deposes and states that the
Contractor does not knowingly employ an unauthorized alien. The undersigned further affirms that,
prior to entering into its contract with the City,the undersigned Contractor will enroll in and agrees
to verify the work eligibility status of all its newly hired employees through the E-Verify program.
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(Contractor): AC ,7. /���.�s.s,��tGt e2 p
By(Written Signature): d . ., /l •A
(Printed Name): Alf L r N E C • h'°CPeAS
(Title): A-tisic)
Important-Notary Signature and Seal Required in the Space Below
STATE OF W/SCD/757/7
SS: •
COUNTY OF GHQ aQ$L2 //
Subscribed and sworn to before me this S///!n day of J U /y
2013. n
/Pi/G20(6 (Signed) _AJA /i
Mycommission'',,effxpires: //
Residing in G{/QL1O County, State of L igetil4 2t
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