This Contract is entered into this day of December 2012, between More Than Software, PO Box 1023, Bryant, AR 72089, to contract Alan Dillard, an employee of More Than Software (MTS) as the Information Technology (IT) Consultant, hereafter referred to as the Contractor, and the City of Bryant, 210 SW 3 rd Street, Bryant, Arkansas 72022, hereinafter referred to as the City. WHEREAS, the Organization desires to continue utilizing a contractor to perform services to improve information technology (IT) effectiveness, enhance its quality of services, minimize its support cost, and maximize return on investment in IT for the City and to perform services required, see Attachment A - Project List and other duties as assigned at the direction of the IT Systems Administrator and/or Mayor. WHEREAS, the City has completed necessary steps for retention of professional and other services under applicable City policies; and WHEREAS, the City has agreed to engage the Contractor, and the Contractor has agreed to contract with the City, for performance of services as described, and according to the further terms and conditions set forth herein. NOW THEREFORE, in consideration of sums to be paid to the Contractor, the Contractor and the City do contract and agree as follows: I. Scope of Services 1. The Contractor agrees that any additional Labor or Technicians needed to perform services directly for MTS must be approved by the Information Technology Department and/ or the Mayor and any such additional Labor or Technicians will be provided by the Contractor. 2. The Contractor agrees to provide a monthly report detailing the work and projects completed and a description of ongoing work and projects; along with a description and timeline for completing ongoing and future projects. This monthly report will be provided to the IT Department s System Administrator and/or the Mayor. II. Time of Performance 1. In performing the services described in this Contract, it is mutually agreed that time is of the essence. The Contractor shall begin work on January 1, 2013, and work shall be completed by December 31, 2013. 2. This Contract is subject to extension by action of the City Council. Page 1 of 5
III. Compensation, Time of Payment 1. For services to be performed hereunder, the City shall pay the Contractor per the Pricing Schedule included in the List of Projects attached as Attachment A. The Contractor is an independent contracted position and as such shall be responsible for all taxes, fees and other expenses associated with its business. 2. The City of Bryant and the Contractor agree upon these rates as reimbursed fees for work delegated by the City of Bryant and accepted by the Contractor: the services will be delivered at the monthly rate of $7,500 per 100 hours not to exceed $90,000.00 in a twelve month period. 3. The Contractor must submit a monthly request for reimbursement to the City documenting the actual time worked and work completed, along with the report identified in Paragraph I. 2 herein above. 4. All terms and conditions of this Contract are dependent upon and subject to the allocation of funds for the purpose set forth in this Contract, and this Contract shall automatically terminate if funds cease to be available. The terms of the Contract are limited to the availability of the City of Bryant funds which have been allocated for that purpose. IV. Workmanship and Quality of Services 1. All work performed under this contract shall be performed in a workmanlike and professional manner, to the reasonable satisfaction of the City, and shall conform to all prevailing City employment policies and prevailing professional industry standards. 2. All work performed under this contract is subject to approval of the IT Department s System Administrator and/or Mayor. 3. All purchases will be approved and signed off by the IT Department s System Administrator and/or the Mayor. V. Notices 1. All notices, requests for payment, or other communications arising hereunder shall be sent to the following: City of Bryant More Than Software Attn: Human Resources Department Attn: Alan Dillard Telephone: 501-943-0999 IT Consultant 210 SW 3rd Street P.O. Box 1023 Bryant, AR 72022 Bryant, AR 72089 Page 2 of 5
VI. Non-Discrimination 1. With respect to the subject matter of, and all work to be performed under, this Contract, it is specifically agreed that the Contractor is subject to and bound by the terms of this Contract and as described in Non-Disclosure (Confidentiality) Agreement previously executed by Contractor. VII. Assignment 1. This contract may not be assigned without the consent of the City of Bryant Mayor and City Council. 2. Should it be deemed that the Contract for the Contractor s services are no longer needed, this agreement shall be terminated at will and will be paid through the day for which services have been provided, to be computed on a pro-rata basis using the rate referenced under Section III, Compensation, Time of Payment. VIII. Applicable Law 1. This Contract shall be governed by and construed in accordance with the applicable laws of the State of Arkansas, and venue for any legal actions shall be in Saline County. The Contractor is subject to City of Bryant business license as required in Bryant Municipal Code. IX. Confidentiality 1. In connection with the performance of Service hereunder, the Contractor may be exposed to confidential and proprietary information of the City, whether or not so identified (including without limitations his/her Agreement). All such confidential and proprietary information shall be subject to the terms and conditions of the Non-Disclosure Agreement, as annexed in Attachment B. X. Incorporation of Documents 1. Specifically incorporated into this contract are all attachments and documents previously executed in a certain agreement between Contractor and the City. Attachment A - Projects List Attachment B - Non-Disclosure Agreement as previously executed and on file. All terms of said agreement remain in full force and effect as if provided for herein, word for word. IN WITNESS WHEREOF, the Contractor has executed the foregoing with the signature(s), and the City has executed with the signature of Mayor Jill Dabbs, and approved as to form by Staff Attorney, R. Chris Madison. Page 3 of 5
CONTRACTED: MORE THAN SOFTWARE CITY OF BRYANT Alan Dillard, Contractor Mayor Jill Dabbs APPROVED AS TO FORM: R. Chris Madison, Staff Attorney Attachment A Page 4 of 5
Contractor is contracted to provide professional IT services for, including but not limited to, the following projects: 1. Complete the Police Department Dispatch 911 Workstation upgrade in conjunction with the 911 service provider upgrade. Expected completion date is February. 2. Complete installation and implementation of the Finance Department s integration and utilization of SpringBrook Finance Software. Installation and initial utilization is anticipated by March. With full integration and utilization by October 2013 at best. 3. Integrate and utilize Public Works AMI System. Expected completion is May of 2013. 4. Installation and setup and training for staff for Citizen Kiosk s and Digital Signage and message at Bishop Park. Completion date is anticipated by the end of February. 5. Replace and integrate copier/printer/scanner/fax equipment program through all city departments, under a single contract, equipment and service provider. Anticipated fully completed by August 2013 6. Revitalize and correct Security Door Access system with a unified service provider, including protocols for terminated and new employee access. 7. Continue installation, integration of the Police Department Mobile Patrol computer system. 8. Finalize and utilize IWorQ, Project Manage the integration of the work order system with SpringBrook software. 9. Creation and installation of WiFi Access and Routing for City Hall and Public Safety facilities. 10. Mobile terminal access for Fire Department, including dispatch data, incident command and pre-plan data, along with fire inspection reports and other field activities utilizing mobile electronic access. Project Manage software vendor interfaces. Contractor agrees to provide the necessary skills, technical expertise, and manpower to complete the above listed projects, and others as may be assigned by the IT System Administrator and/or the Mayor from time to time. Page 5 of 5