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HomeMy WebLinkAboutPSA - John Jay College of Criminal Justice - Services in Suppot of South Bend Group Violence InterventionHA AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND THE RESEARCH FOUNDATION OF CUNY ON BEHALF OF JOHN JAY COLLEGE OF CRIMINAL JUSTICE THIS AGREEMENT is made effective the 9th day of May 2017, by and between the City of South Bend, Indiana, a municipal corporation organized and operating under the laws of the State of Indiana, acting by and through its Board of Public Works ("City") and the Research Foundation of CUNY on behalf of John Jay College of Criminal Justice ("Contractor"). 1=1M WHEREAS, Contractor has experience and expertise in implementing strategic and evidence -based interventions to reduce violence, increase public safety, minimize arrest and incarceration, and strengthen relationships between law enforcement and communities, that may prove beneficial to the City in these efforts; and WHEREAS, Contractor has worked with the City and the City's partners to design, launch, and support the South Bend Group Violence Intervention ("South Bend GVI"); and WHEREAS, Contractor has previously assessed the City's programs and has identified opportunities, obstacles and important areas of focus to strengthen and sustain intervention strategy implementation; and WHEREAS, the City has determined that due to Contractor's experience and expertise, it is in the best interests of the City to retain Contractor's services under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the City and Contractor hereby agree as follows: Section 1. Duties of the Contractor. The Contractor shall provide the Services, which are more particularly described in Exhibit "A" attached hereto and incorporated herein. The Contractor shall execute its responsibilities by following and applying at all times the highest professional and technical guidelines and standards. Section 2. Consideration. The Contractor will be paid as set forth in Exhibit "A" and not to exceed fifty thousand dollars ($50,000). The City may not deny or withhold or delay payment(s) due Contractor unless Contractor is given prior notice as well as a chance to cure the cause of denial, withholding or delay in payment(s). Such payment(s) shall not be subject to penalty or interest under Indiana Code § 5-17-5. The above consideration as set forth in Exhibit "A " contemplates and includes all travel expenses incurred by Contractor's employee(s) and agent(s) to facilitate peer meetings and conduct site visits. No additional payments shall be made for those costs. Section 3. Term (and Renewal Option, if Applicable). This Agreement shall be effective for a period of two years, commencing on the 9th day of May 2017 ("Effective Date") and terminating on the 9th day of May 2019 ("Expiration Date"). Section 4. Assignment; Successors. The Contractor shall not assign or subcontract the whole or any part of this Agreement without the prior written consent of the City. Section 5. Changes in Scope of Services. The Contractor understands and agrees that it shall not commence any additional work or change the scope of the Services provided unless authorized in writing by the City. No claim for additional compensation shall be made by Contractor in the absence of prior written approval of the Parties. Section 6. Governing Law. [Intentionally Omitted] Section 7. Relationship/Independent Contractor. Both parties, in the performance of this Agreement, shall act in an individual capacity and not as agents, employees, partners, joint venturers or associates of one another. The employee(s) or agent(s) of one party shall not be deemed or construed to be the employee(s) or agent(s) of the other party for any purpose whatsoever. Neither party will assume liability for any injury (including death) to any person(s), or damage to any property, arising out of the acts or omissions of the agents, employees or subcontractors of the other party. The Contractor shall be solely responsible for providing all necessary unemployment and workers' compensation insurance for the Contractor's employees. Contractor is solely responsible for compliance with applicable laws and regulations relating to taxes and social security payments that may be required to be made in connection with the compensation provided under this Agreement. The City, however, may file informational returns with the United States Internal Revenue Service or similar state agency regarding payment made to Contractor in accordance with this Agreement under conditions imposed by federal, state or local laws applicable to such payment. The City shall provide IRS Form 1099, if applicable. Section 8. Entire Agreement. This Agreement sets forth the entire agreement and understanding between the Parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. Section 9. Funding Cancellation and Payments. In accordance with I.C. 36-1-12.5- 5(d)(4), payments by the City are subject to annual appropriation by its fiscal body. When the City makes a written determination that funds are not appropriated or otherwise available to support continued performance of this Agreement, this Agreement shall be cancelled. The City shall inform Contractor of the lack of appropriated funds to support the continuation of performance hereunder, as soon as is reasonably possible, and the Agreement will then be terminated in accordance with the below Sect. 10 "Termination." A determination by the City that funds are not appropriated or otherwise available to support continuation of the performance shall be final and conclusive. Section 10. Termination. Either party may terminate this Agreement upon thirty (30) days advance written notice to the other party. In the event of such termination, Contractor will be reimbursed for all costs incurred for work performed up to and including the date of termination, including non - cancellable obligations. In no case shall the total payment made to Contractor exceed the original Agreement price due on Agreement. No price increase shall be allowed on individual line items, if cancelled only in part. Section 11. Non -Collusion and Acceptance. The undersigned attests, subject to the penalties for perjury, that he/she is the Contractor, or that he/she is the properly authorized representative, agent, member or officer of the Contractor, that he/she has not, nor has any other member, employee, representative, agent or officer of the Contractor, directly or indirectly, to the best of the undersigned's knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of this Agreement other than that which appears upon the fact of this Agreement. Section 12. E-Verify. The Contractor affirms under the penalties of perjury that he/she/it does not knowingly employ an unauthorized alien. The Contractor shall enroll in and verify the work eligibility status of all his/her/its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The Contractor shall not knowingly employ or contract with an unauthorized alien. The Contractor shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. The Contractor is not required to participate in the E-Verify program should the E-Verify program cease to exist. Additionally, the Contractor is not required to participate if the Contractor is self-employed and does not employ any employees. The Contractor shall require his/her/its subcontractors, who perform work under this contract, to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor agrees to maintain this certification throughout the duration of the term of a contract with a subcontractor. The City may terminate for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. Section 13. Minority and Women's Enterprise Diversity Development. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, sexual orientation, gender or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business Enterprise ("MBE") or as a Women Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said MBE/WBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains, Notwithstanding the foregoing, the award and performance of all City contracts shall comply with applicable federal, state, and local laws. Section 14. Non -Discrimination. The City is committed to ensuring equal opportunity and does not exclude, deny the benefit of, or otherwise subject any person to discrimination in any City program, service or activity on the basis of race, sex, religion, color, national origin, ancestry, age, sexual orientation, gender or disability. Contractor agrees to comply with and to act consistently with this policy in the performance of Contractor's duties. Section 15. Corporate Authority. The person signing on behalf of the Contractor represents that he/she has been duly authorized to execute this Agreement on behalf of the Contractor, and has obtained all necessary and applicable approvals to make this Agreement fully binding upon the Contractor after acceptance by the City. Section 16. Drug -Free Workplace. The Contractor hereby agrees to make a good faith effort to provide and maintain a drug -free workplace. IN WITNESS WHEREOF, the Parties hereto, through their duly authorized representatives, have caused this Agreement to be executed as of the day and year first written above. The parties have read and understand the foregoing terms of this Agreement and do, by their respective signatures hereby agree to its terms. F.X111RIT A Scope of Services 1. Support the City in developing the capacity to drive the law enforcement elements of the South Bend GVI, including but not limited to, a) intelligence management, b) strategic enforcement, and c) community outreach; 2. Support the City in its development of the full-time project manager; 3, Provide access to management and development resources including project management tools, Ceasefire University modules, and periodic workshops and/or webinars 4. Enhance the City's intelligence -gathering and analysis processes through the a) enhancement of shooting reviews, b) re -launch of group audits designed to capture investigative information, and c) introduction of accountability mechanisms; 5. Introduce a series of opportunities and tools to South Bend GVI to cultivate local expertise; b. Provide peer support and facilitate the City's participation in collaborative learning opportunities with peers, including facilitating greater regional collaboration; and 7. Grow and support outreach structures by elevating successes, innovations, and emerging best practices to national peers. 8, Provide strategic advising and support through implementation reviews, stakeholder engagement, calls, and routine site visits throughout the course of the contract. Consideration As consideration for the Contractor's services for the period of 24 months, the City shall make two payments in the amount twenty-five thousand dollars ($25,000), not to exceed a total amount of fifty -thousand dollars ($50,000). The first payment shall be made on or before the 31st day of May 2017, The second payment will be made on or before the 31 st day of May 20 t 8. m m