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HomeMy WebLinkAboutProfessional Services Agreement - Stokes Development Services LLC - Coordinator for Pathways Workforce Program1316 COUNTY-0'ry BtjILDINO 227 W. JEFFERSON 13ouj.,I-,'.VARI) Sou-m BEND. INDIANA 46601-1830 CITY OF Souni BEND PETE BUTTIGIEG, MAYOR BO.Z�TD OF PUBLIC NNkVjVKS December 21, 2017 James Stokes Stokes Development Services, LLC 715 Pipestone Street Benton Harbor, MI 49022 RE: Professional Services Agreement Dear Mr. Stokes: PHONi: 574/235-9,251 FAX 574/ 2359171 The Board of Public Works, at its meeting held on December 21, 2017, approved the above referenced agreement for a consultant/coordinator for Pathways Workforce Program in the amount of $50,000. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, f�TLinda M. Martin, Enclosure c: Dan Buckenmeyer, Dept, of Community Investment Jacob Alexander, Dept. of Community Investment Judy Love, Dept. of Community Investment GAIty A, GILO' SUZANNA M, FRITZBEizo ELIZAI.3r.:'ni A. MARADIK JAM A. MuEu.s,',It Ti IFRESE J. DORAU AGREEMENT FOR WORKFORCE PROGRAM MANAGEMENT SERVICES THIS AGREEMENT FOR WORKFORCE PROGRAM MANAGEMENT SERVICES (this "Agreement") is made on December 21, 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 (the "City"), and Stokes Development Services, L.L.C., a Michigan limited liability company with its address at 715 Pipestone Street, Benton Harbor, Michigan 49022 (the "Provider"). RECITALS WHEREAS, the City desires to promote opportunities for local employers to recruit potential employees and has established or assisted in certain workforce development programs; and WHEREAS, to facilitate and enhance the City's efforts in growing local employment opportunities, including through certain workforce development programs, the City desires to engage program coordinators responsible for recruitment of candidates and serving as a single point of contact for community partners engaged in workforce development efforts; and WHEREAS, the Provider is duly qualified to provide the workforce program services set forth in attached Exhibit A (the "Services"); and WHEREAS, the City believes that the actions contemplated by this Agreement are in the best interests of the health, safety, and welfare of the City and its residents. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the City and the Provider hereby agree as follows: L Contract Amount and Term. The Provider will provide the Services in accordance with the terms of Exhibit A during the period commencing on January 1, 2018, and ending on December 31, 2018 (the "Services Term"). In accordance with the terms and conditions of this Agreement, the City will expend an amount not to exceed Fifty Thousand Dollars ($50,000.00) (the "Contract Amount") for the Provider's performance of the Services during the Services Term. 2. Bud get,- Expenses. The Provider will not seek from the City, and the City will not pay to the Provider, any amount in excess of the Contract Amount as compensation for the Provider's performance of the Services or for any costs or expenses related to the Services. All costs or expenses related to the Provider's performance of the Services will be paid by the Provider and will not be reimbursed by the City. 3. Compensation for Services. The Provider will submit monthly reports at the times and in the manner prescribed by the Contract Administrator (as defined below), which requirements are subject to change in the Contract Administrator's sole discretion. As compensation for the Provider's satisfactory performance of the Services, the City will pay the Contract Amount in equal monthly installments (each a "Contract Installment"). The City will not be required to pay any Contract Installment if the City is not satisfied with the Provider's performance under this Agreement or any default or breach of this Agreement by the Provider exists, as the City may determine in its sole discretion. The sum of all Contract Installments will not exceed the Contract Amount. 4. Termination of Agreement. Effective immediately upon delivery of a written termination notice to the Provider, the City may terminate this Agreement, in whole or in part, for any reason, if the City determines that such termination is in the best interest of the City. If the City Controller makes a written determination that funds are not appropriated or are otherwise unavailable to support the continuation of this Agreement, it shall be cancelled. A determination by the City Controller that funds are not appropriated or are otherwise unavailable to support the continuation of performance shall be final and conclusive. The City will not be required to pay any Contract Installment or be otherwise liable for any cost associated with the Provider's performance of any Services after the effective date of termination. 5. _Work Product; Ownership. The Provider will submit its work product to the City in accordance with the terms of the Scope of Work. Any and all work product submitted by the Provider to the City as part of the Provider's performance of the Services will become the exclusive property of the City, and the City will have the right to use and reproduce copies of the Provider's work product as the City determines in its sole discretion without compensation to the Provider except the compensation expressly provided for in this Agreement. 6. Remedies for Breach o Contract. Failure to complete the Services in accordance with this Agreement may be considered a material breach, and shall entitle the City to impose sanctions against the Provider including, but not limited to, suspension of all payments, and/or suspension of the Provider's involvement in the workforce program management on behalf of the City. The Provider shall repay any portion of the Contract Amount expended for matters not within the scope of the Services. 7. Maintenance of Records, Access to Records. The Provider shall keep a written record, in a form acceptable to the City, related to the use and expenditure of the Contract .Amount. Within thirty (30) days of the expiration or termination of this Agreement, the Provider shall provide the City with a final accounting of the use and disposition of the Contract Amount by the Provider. Unless otherwise authorized by the City or required by law, such records shall be maintained by the Provider for a period of four (4) years of the date of this Agreement. The Provider understands and agrees to comply with the legal requirements of I.C. 5-14-3-1 et seq. (commonly known as Indiana's Access to Public Records Act), if applicable, with respect to all documentation related to the Contract Amount. 2 8. Audit Requirements. The Provider agrees to make all information available to the Indiana State Board of Accounts, the City's Internal Auditor (as defined below), and the Contract Administrator (as defined in Section 11 below) as requested to comply with any review related to the receipt and use of the Contract Amount and the Provider's performance of the Services. If requested by the City or the Contract Administrator, the Provider shall provide the City a progress report on the Services. If requested by the City or the City's Internal Auditor, the Provider shall arrange for a financial and compliance audit of the Contract Amount to be conducted by an independent public or certified public accountant (or as applicable, the Indiana State Board of Accounts) and in accordance with applicable Indiana State Board of Accounts standards. The City's Internal Auditor shall mean the City Controller or Acting City Controller appointed pursuant to I.C. 36-4-9-6 (the "City Controller") or any person appointed or retained by the City Controller or the City for the purpose of auditing this Agreement or other agreements of the City. 9. Conflicts of Interest. The Provider hereby certifies and agrees that no member, officer, or employee of the City, or its designees or agents, and no member of the governing body of the City of South Bend or the Provider (and no one with whom there is a family or business tie) who exercises any functions or responsibilities with respect to the receipt and use of City funds during his or her tenure or for one year thereafter, shall have any financial benefit, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with this Agreement or the Services. 10. Relationship. The Provider shall at all times be an independent contractor for the performance of the Services rather than an employee of the City, and no act or omission to act by the Provider shall in any way bind or obligate the City. This Agreement is strictly for the benefit of the parties and not for any third -party or person. This Agreement was negotiated by the parties at arm's length and each of the parties hereto has reviewed the Agreement after the opportunity to consult with independent legal counsel. Neither party shall maintain that the language in the Agreement shall be construed against any signatory hereto. The City and the Provider hereby renounce the existence of any form of agency relationship, joint venture, or partnership between the Provider and the City and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between the City and the Provider. 11. Indemnif cation. The Provider hereby agrees to defend, indemnify, and hold harmless the City, its officials, employees, and agents from any and all claims of any nature which arise from the performance by the Provider under this Agreement and from all costs and attorney fees in connection therewith, excepting for claims arising out of the negligence of the City, its officials, directors, employees, and agents. The obligations of the Provider under this Section shall survive the termination of this Agreement. 12. Notices. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, whether or not actually received, when deposited in the United States Postal Service, postage prepaid, registered or certified mail, return receipt requested, addressed to the City or the Provider, as the case may be, at the address set forth below. 3 Provider: City: James T. Stokes Daniel Buckenmeyer (the "Contract Administrator") 715 Pipestone St. Department of Community Investment Benton Harbor, MI 49022 City of South Bend 227 W. Jefferson Boulevard, Suite 1400 S. South Bend, IN 46601 13. Equal Opportunitx. The Provider shall comply with federal, state, and local law in its hiring and employment practices and policies for any activity covered by this Agreement. 14. Entire Agreement and Amendment• Applicable Lain. 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. This Agreement may be amended only by separate writing, approved by authorized representatives of both the Provider and the City. This Agreement will be construed and interpreted according to the laws of the State of Indiana. 15, Assignmeni. The Provider shall not assign or subcontract the whole or any part of this Agreement or its obligations hereunder without the prior written consent of the Board of Public Works of the City. 16. Equal OpportyniNon-Discrimination; Compliance. The Provider shall comply with all applicable laws and regulations in its hiring and employment practices and policies for any activity covered by this Agreement. The Provider shall comply with all state, federal, and municipal laws, regulations, and standards applicable to its activities pursuant to this Agreement including, but not limited to, the requirements imposed by Ind. Code 22-9-1-10 (non-discrimination), the provisions of Ind. Code 5-22-16.5 (disqualification for dealings with the government of Iran), and the provisions of Ind. Code 22-5-1.7 (requiring E-Verify for new employees and prohibiting employment of unauthorized aliens). Each of the foregoing provisions is incorporated herein as if set forth in full, and the Provider certifies that it is in compliance with each such provision and shall remain in compliance through the term of this Agreement. 17. Non -Collusion. The undersigned attests, subject to the penalties of perjury, that he is the Provider and that he has not entered into or offered to enter into any combination, collusion, or agreement to receive or pay, and that he 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 face hereof. The Provider agrees that he will execute and submit to the City and any other appropriate bodies, an affidavit in the form attached hereto as Exhibit B. 18. D_ruQ-Free Workplace. The Provider hereby agrees to make a good faith effort to provide and maintain a drug -free workplace. The Provider will give written notice to the City within ten (10) days after receiving actual notice that the Provider or an employee of the Provider within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. (Signature page follows) IN WITNESS WHERE017, the Parties hereto have. caused this Agreement to be effective as of the Effective Date stated above. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Date: 2017 Gary A. Gilot, President Therese Dorau, 146mber Suzamia. Fritzberg, Member Elizabeth Maradik, Member ,Tan Mueller, Member ATTEST Linda M. Martin 1500,0000024 437242M002 STOKES DEVELOPMENT SERVICES, L.L.C., a Michigan limited liability company Date: 2017 J es 1'. Stokes,,Member EXHIBIT A Scope of Work [See attached.] EXHIBIT B Contractor's Affidavit [See attached.] When the prospective Contractor is unable to certify to airy of the statements beloyv, it shall attach an explanation to this Affidavit, CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON-DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS (Must be completed for all quotes and bids. Please type or print) STATE OF } } SS: COUNTY } The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in F-Non-Collusion Non -Debarment Affidavit Non Iran Form 2012 the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-13-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract 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. 6. 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, 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 ("MBE") or as a Women's 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 WBE/MBE. 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. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. F-Non-Collusion Non -Debarment Affidavit Non Iran Form 2012 Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. 1, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). 1 hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products on this project if awarded. I understand that violations hereunder may result in forfeiture of contractual payments. I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public works are true and correct. Dated this day off COIL, 20 A V) Contractor/Bidder (Firm� "-, JZ gignature of Contras car lBidder or Its Agent TLLW, It? Printed Name and Title Subscribed and sworn to before me this My Commission ExpiresLLW-K,i:1.4 County of Residence F-Non-Coflusion Non-Debannent Affidavit Non Iran Form 2012 day of p &I't U�t (i �' 1, 20 Notary Public U V — ARY-C-� Seal Notary Public - =Slate of Indiana 7 f I St Joseph, County My Commission Expires Dec 12, 2024 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 12/19/17 Name Dan Buckenmeyer Department DCI BPW Date 12/21/17 Phone Extension X5823 Legal ® Attorney Name Ben Dougherty Controller ❑ Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ❑ ❑ Agreement ® Professional Services ❑ Bid Opening ❑ Quote Opening ❑ Change Order No. ❑ Ease/Encroach. Fl Other: Company or Vendor Name New Vendor Contract ❑ Resolution Proposal ❑ Bid Award ❑ Req. to Advertise ❑ Quote Award ❑ CIO & PCA No. ❑ PCA ❑ Traffic Control �7�y y rri�- �r r.Y"-,✓r ��-s.,T 4,;'.� .r-'7',�,,,' :r✓;s cokes Development Services, LLC. Yes ❑ No ❑ If Yes, Approved by Purchasing Addendum ❑ Title Sheet MBEIWBE Contractor H MBE U WBE MBEIWBE Contractor Requested ❑ No ❑ Yes Name of Company Project Name Professional Services — Pathways Workforce Development Project Number Funding Source EDIT Account No. 408.1001.460.31.06 Amount Terms of Contract Purpose/Description $50,000.00 12 Months -Equal Monthly Installments —Per Attached Contract Terms Consultant/Coordinator for ® Required Contractor's Certification Form Attached (Non - Collusion. Non -Discrimination. Non -Debarment, E-Verifv. Iran, etc. Amount of ❑❑ Increase Decrease Previous Amount $ Current Percent of Change: New Amount $ F"