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HomeMy WebLinkAboutProfessional Services Agreement - United Way of St Joseph County - Grant Writing Services�. 11 Ali R. t.� r .1 AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND UNITED WAY OF ST. JOSEPH COUNTY THIS AGREEMENT is made effective the 24th day of October, 2017 (the "Effective Date") 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 United Way of St. Joseph County, a not for profit corporation organized under the laws of the State of Indiana and having its principal place of business at 3517 E. Jefferson Boulevard ("Contractor"). For and in consideration of the mutual covenants and promises contained herein, the City and Contractor hereby agree as follows: Section 1. Duties of the Contractor and City Responsibilities. The Contractor shall provide the Services which are more particularly described at Exhibit "A" attached hereto and incorporated herein. The Contractor shall, in good faith, execute its responsibilities by following and applying at all times the highest professional and technical guidelines and standards. Contractor does not guarantee that the City will receive funding as a result of any materials in connection with the 2017-2018 AmeriCorps Grant Application (the "Grant Application "). The City will have final approval and ownership of all materials created by Contractor related to the Grant Application and the City will be solely responsible for acknowledgments and reports to funding sources after the Grant Application is submitted. Section 2. Consideration. The Contractor will be paid as set forth at Exhibit "A ". The total consideration under this Agreement shall not exceed the sum of Ten Thousand Dollars ($10,000) and shall be due upon completion of the Grant Application in a form acceptable for submission to AmeriCorps. Any payment that the City may deny or withhold or delay shall not be subject to penalty or interest under Indiana Code § 5-17-5. Section 3. Term.. This Agreement shall terminate upon Contractor's completion of the Grant Application in a form acceptable for submission to AmeriCorps, but in any event no later than October 31, 2017 (the "Termination 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 b. Governing Law; Compliance with Laws. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. The Contractor agrees to comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby are hereby incorporated herein by reference. Contractor shall comply with federal, state and local law in its hiring and employment practices and policies for any activity covered by this Agreement. Further, the City shall not be required to pay for Services that are inconsistent with or in violation of this Agreement nor for any Services performed in violation of federal, state or local statute, ordinance, rule or regulation 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 federal, state and local 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. Section 10. 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 11. Corporate Authority. The person signing on behalf of the Contractor *United Way Grant Writer*United Way (Grant Writhig) - City of South: Send-C2 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. (Remainder ofpage intentionally left blank) *United Way Grant Writer*United Way (Grant Writing) - City of South-Tend-C2 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. UNITED WAY OF ST. JOSEPH CITY OF SOUTH BEND, INDIANA COUNTY, INDIA BOARD OF PUBLIC WORKS B LX.�J President Primed: Laura J en n� Title: President/CEO , Member Member IV Member Me ber ATTEST: 'lirdla Martin, Clerl Signature Page to Service Agreement by and between Board of Public Works and United Way of St. Joseph County, Indiana, dated October 24, 2017 *United Way Grant Writer*Uni€ed Way (Grant Writing) - City of Southend-C2 EXHIBIT A Scope of Services United Way of St. Joseph County (UWSJC) will perform the following services with respect to the 2017-2018 AmeriCorps Grant Application: I. Complete the following application sections A. The Notification of Intent to Apply B. Standard Form 424 (SF-424) Face Sheet C. Narrative Components 1. Executive Summary 2. Program Design a. Theory of Chang b. Logic Model c. Evidence Base d. Notice Priority D. Cost Effectiveness and Budget Adequacy E. Standard Form 424 Budget F. Performance Measures IL Review the following application sections drafted by the City of South Bend A. Program Design 1. Need 2. Member Experience B. Organizational Capability 1. Organizational Background and Staffing 2. Compliance and Accountability 3. Culture that Values Learning 4. Member Supervision IIL Review the following additional information drafted by the City of South Bend: A. Project partners B. MSYs -- slots/hours C. Member recruitment plan A-1 *United Way Grant Writer*United Way (Grant Writing) - City of South Bend-C2 D/ Training/Professional development plan IV. Other A. Review organization materials and research/review other background information as necessary in order to help create a competitive proposal. B. Attend meetings in person and/or by telephone necessary to accomplish the required work. A-2 *United Way Grant Writer*United Way (Grant Writing) - City of South Bend-C2 Date Name BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM 10/17/17 Jitin Kain Department Public Works U Agreement LJ Contract U Proposal U Addendum ® Professional Services ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Chg Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease./Encroach. ❑ Traffic Control ❑ Resolution ❑ Other: ❑ Claim Company or Vendor Name New Vendor MBEANBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of United W ❑ Yes ® No ❑ MBE ❑ WBE AmeriCor rm of St. Joseph County ❑ If Yes, Approved by Purchasing Completed E-Verify Form Attached Grant Application 222-0616-419-31.06 $10,000 ❑ Yes ❑ No Grant writinq services to submit the Cit 's application to Serve Indiana for the 2018 AmeriCorps Grant to assist low income families in South Bend with home weatherization services that imorove enerav efficiencv. increase $ Decrease $ Previous Amount $ Current Percent of Change: _ New Amount $ Total Percent of Change: Time Extension: Copy Original ® ❑ ❑ ❑ Linda Martin Jitin Kain Dispersal After Approval