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Home My WebLink AboutProfessional Services Agreement - Creative Financial Staffing LLC - Water Works Financial Assistance1316 Coumry-Crry BUILDING 227 W. JuFFERSON BOULFWARD Souni BrND. INDIANA 4660�1-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS January 23, 2018 Carrie Jenkins Creative Financial Staffing, LLC 330 E. Jefferson Blvd, PO Box 7 South Bend, IN 46624 RE: Professional Services Agreement Dear Ms. Jenkins: PHONE 574/235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting held on January 23, 2018, approved the above referenced agreement regarding Water Works financial assistance in the amount of weekly billing based on hours performed, not to exceed $14,000. 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, Linda M. Martin, Clerk, Enclosure c: Jen Hockenhull, Administration and Finance GARY A. GILOT SOZANNA M. FRITZBER(j ELIZABF,ri-i A. MARADIK JAMEs A. MUELLER THERESE J. DORAU AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND CREATIVE FINANCIAL SERVICES, LLC (Water Works Department) THIS AGREEMENT is made effective the 4" day of December, 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 Creative Financial Services, LLC, a Foreign Limited Liability Company licensed to conduct business in the State of Indiana and having its principal place of business at One International Place, 161" Floor, Boston, Massachusetts, 02110, and having a local business office at 330 East Jefferson Boulevard, South Bend, Indiana 46601 ("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. The Contractor shall provide the Services which are more particularly described at 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 shall be paid an hourly rate of Forty-two and 501100 Dollars ($42.50) per hour. The total consideration under this Agreement shall not exceed the sum of Fourteen Thousand Any payment City may deny or withhold or delay shall not be subject to penalty the or interest u der ndianaaCode 5-17-5. Section 3. Term and Renewal. This Agreement shall be effective for a period of approximately 60 days commencing on December 6, 2017 ('Effective Date") and shall end on 3 ("Expiration Date"). The Parties may mutually agree in writing to extend the term of this Agreement for an additional period of time after the Expiration Date, subject to the same terms and conditions set forth in this Agreement unless otherwise mutually agreed by the Parties in writing. 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 Contractor in the absence of prior written approval of the Parties. unless authorized in writing by the City. No claim for additional compensation shall be made by Section 6. 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 Ibr any activity covered by this Agreement. Further, the City shall not be required to pay for Servi that are inconsistent with or in violation of this Agreement not for any Services perlorer ices violation of federal, state or local statute, ordinance, rule or regulation Section 7. Relationship/ludependent 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 employce(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 patsy 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. Tile Contractor shall be solely responsible for providing all necessary unemployment and workers' enmpensalion insurance for the Contractor's employees. Contractor is solely responsible fbr 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. ']'Ile 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 S. Entire Agreement, This Agreement sets lorth 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. Fundinf;_Cancellation and 1Payineq s,- In accordance with I.C, 6-1.1-18-4, payments are subject to appropriation by the City." Section 10. Non -Collusion and Acceptance. 'I'lle 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 Ila-, not, nor has any other member, employee, representative, agent or officer of the Contractor, directly or indirectly, to the best of the undersigne:d's knowledge, entered into or offered to enter into any combinatiotl, collusion or agreement to receive or pay, and that he/silo has not received oi• paid, any sure of money or other consideration for the execution of this Agreement other than that which appears upon the fact off this Agreement. Neither Contractor nor any of its principals arc presently debarred, suspc;nded, proposed for debarment, declared ineligible, or voluntarily excluded from I)articipation by any federal department or agency. services-111101c,mioll;li-,('ntlti%V 1�il';Uwi;ll Stalling A[INI and Finance__ I;24At. i4ir112 Section 11. E-Verify. The Contractor affirms under the penalties 01' pcljul'y that he/she/it does not knowingly employ an unauthorized alien. The Contractor shall enroll in and verify the work eligibility status of, all Ilis/her/its newly hired employees Ihroug;h the I"Nerily Program as defined in IC 22-5-1.7-3. The Contractor shall not knowingly crilploy or contract with an unauthorized alien. The Contractor shall not retain all 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=cmpfoyed and does not employ ally employees. Tile Contractor shall require his/her/its subcontractors, who perloll r'work Mulder this contract, to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that tile: subcontractor has enrolled and is participating; in tile; E-Verify prograIll. The Contractor agrees to maintain this certification thl'QLIgIlOUt the duration of' the tern, of a contract with a subcontractor. The City may terminate ibr default if' the Contractor fails to cure a breach of this pi-ovision no later than thirty (30) {lays after being notified by the City. Section 12. Minority and Wontens Enterprise Diversity Development. 11'er•sons, partneI'ships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, oI' co1111111ssiolls shall not discriminate against any employee or applicant for employment in the performance of� a City coilti'act li'1t11 respect to hli'C, tenure, terms, conditions, or privileges of employment, or any platter directly or indirectly related to cinploynlent because of race, sex, religion, color, national origin, ancestry, age, or disability that does 'lot affect that person's ability to pCi'foi•"1 the work. In awarding; contracts f'or 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 bi{is are not required by law, tine City, its agencies, boards, or commissions may consider the Conti -actor's good faith eftorts to obtain participation by those Contractors certified by the State of lndlana as is Minority Business Enterprise ("MBE") of as a Women's Business Enterprise ("WBI ") 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 all MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A fielding of a discriminawry practice by the City's MBF/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (I ) year f''olll the date of such determination, and such detei•Illination "lay also be grounds fog. terminating; tile contact for which the discriminatory practice or noncompliance pertains. Notwithstanding the foregoi'I& the award and performance of all City contracts shall comply with applicable Iederal, stale, and local Iaws. Sorviccs•f'uilessiun;tl__{'rr;nivc Fivanciai Staling Adtn ntul Finmtcc. I.�NAL_ 140312 Section 13. Corporate Autbority. The person signing on behalf of the CO ntractor represents that he/she has been duly authorized to execute this Agreement on behall'of the Contractor, and has obtained all necessary and applicable approvals to snake this Agreement hilly binding upon the Contractor alter acceptance; by the City. (sl gllfmlre Page Follows) Scavi�cs-��Ci1lessiOttill_( lY IIIVL' I'i�wrneinl 54ifling,_Min and Finwwc_ [,'IPA 1, 1403 12 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. CREATIVE FINANCIAL_ STAFFING, LLC CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WO K Signature X3Signature C`�,1r,�ca��1�,�•�II"lan,�jf�•, iJ1ilC4TOYC. '•�`� Printed Narne and Title 330 East Jefferson Blvd. Street Address P.O. Box 7 P.O. Box South Bend IN 46624 City, State Zip 574-263-0068 Telephone Signature Page to Service Agreement by and between Board of Public Works and Creative Financial Staffing, LLC, dated December 4, 2017• 5 BOARD OF PUBLIC WOR1(.S AGENDA ITEM REVIEW RE, QUEST FORM Name Jen Hockenhull Department A/F BPW Date 1/23/18 Phone Extension 9822 Required Prior to Submittal to Board Legal Attorney Name Clara McDaniels Controller review is required for all Contracts $5,000,00 or more Controller and greater than one year in length per the City Purchasing Policy Agreement LJ Contract ❑ Proposal [J Addendum Z Professional Services El Amendment F-1 Bid Opening El Bid Award E] Req. to Advertise El Title Sheet F-1 Quote Opening ❑ Quote Award F-1 Chg Order No, R C/O & PCA No. PCA F-1 Ease./Encroach E] Traffic Control ❑ Resolution F1 Other, Claim Company or Vendor Name New Vendor Project Name Project Number Funding Source Account No. Creative Financial Services LLC El Yes E:1 If Yes, Approved by Purchasing No ❑ MBE Completed E-Verify Form Attached F� Yes F-1 WBE F] No Waterworks Financial Assistance n/a Wa 620-0640-658.31-06, Amount NTE $14,000 Terms of Contract W Purpose/Description Financial assistance for year-end and other WaterWorks financial projects as assigned 'or Change Orders Amount of F1 Increase $ EJ Decrease $ Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change Time Extension: Original n F-1 n Dispersal After Approval Jennifer Hockenhull