HomeMy WebLinkAboutAddendum to Contract - Northern Indiana Workforce Board, Inc. - Increase Funds for Pathways Program13 16 COUNTY-0'i'y BUILDING
227 W, JEFFERSON BounVAIM
SOUTH BEND. INDIANA 46601-1830
CITY OF SOUTH BEND PETEBUTTIGIEG, MAY
BOARD OF PUBLIC WO I
February 13, 2018
Jeffrey Balogh
Northern Indiana Workforce Board, Inc.
851 S. Marietta St.
South Bend, IN 4660,1
RE: Addendum to Contract
Dear Mr. Balogh:
PHONE 574/235-9251
FA,x 574/ 235-9171
The Board of Public Works, at its meeting held on February 13, 2018, approved the above
referenced addendum to increase -funds for the Pathways Program for under -,skilled workers
in the amount of $350,000.
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: Daniel Buckenmeyer, Community Investment
Jacob Alexander, Community Investment
Judy Love, Community Investment
GARY A. Gii.m, SUZANNA M. FRITZBERG ELIZABI.eTii A. MARADIK JAW's A. MUFTI.IR THERESE J. DoRAu
AGREEMENT FOR SERVICES
This Agreement For Services (this "Agreement") is made on February 13, 2018, by and
between the City of South Bend, Indiana, acting by and through its Board of Public Works,
having its offices at 1300 County -City Building, 227 West Jefferson, South Bend, Indiana,
46601 ("BPW") and Northern Indiana Workforce Board, Inc. ("NIWB" or "Provider"), an
Indiana non-profit corporation having its principal place of business at 851 S, Marietta St., South
Bend, Indiana 46601.
WITNESSETH:
WHEREAS, the BPW is a contracting body of the City of South Bend (the "City") and,
pursuant to the Indiana Code, has the power and duty to assist the City executive in the efficient
government of the City; and
WHEREAS, the BPW has contracted for programs intended to assist the City in
community and economic development through efforts promoting workforce solutions for
people, business and communities; and
WHEREAS, NIWB works to develop, implement, foster and encourage collaborative and
economic development through efforts promoting workforce solutions for people, business and
communities; and
WHEREAS, NIWB is a non-profit corporation created to promote community
development within the City of South Bend, Indiana, and has knowledge, experience and
expertise to deliver workforce development programs; and
WHEREAS, the BPW has determined that due to NIWB's knowledge, experience and
expertise, it is in the best interests of the City through BPW to retain NIWB's services to assist
the City in accomplishing programs to administer training programs with multiple community
partners in the City of South Bend and the City of Mishawaka; and
WHEREAS, NIWB is willing to assist the City in its efforts by providing the requested
services which are more specifically described below and are subject to the terms and conditions
of this Agreement; and
NOW THEREFORE, in consideration of the mutual promises and obligations in this
Agreement, the parties now agree as follows:
SECTION 1. Definitions. For purposes of this Agreement, the following terms
have the meanings referred to in this Section:
City Controller: The term "City Controller" shall mean the City Controller or
Acting City Controller appointed pursuant to Indiana Code § 36-
4-9-6.
City's Internal The term "City's Internal Auditor" shall mean the City Controller
Auditor: or any person appointed or retained by the City Controller or the
Commission for the purpose of auditing the Provider for this
Agreement or other agreements of the City.
Contract The term "Contract Administrator" shall refer to the Director of
Administrator: Business Development and Economic Resources of the
Department of Community Investment, City of South Bend.
Effective Date: The term "Effective Date" shall mean January 1, 2018.
Expiration Date: The term "Expiration Date" shall mean December 31, 2018.
Requested Services: The term "Requested Services" shall mean the services described
in Exhibit A as well as other related expertise and assistance to the
City by Provider.
Takes: All governmental assessments, franchise fees, excises, license and
permit fees, levies, charges and taxes, of every kind and nature
whatsoever, which at any time during the Term may be assessed,
levied, or imposed on, or become due and payable out of or in
respect of, (i) activities conducted on behalf of the City.
SECTION 2. Retention and Acceptance of Provider.
A. The BPW hereby retains the Provider to provide the City the Requested Services.
The Provider hereby accepts the appointment to provide the Requested Services and agrees to
provide the Requested Services under the terms and conditions set forth in this Agreement. The
Provider agrees and acknowledges that its performance of the Requested Services will be
evaluated based on the measures set forth in Exhibit B.
B. Upon receipt of a notice to proceed from the Contract Administrator, the Provider
shall commence the Requested Services in accordance with the terms and conditions of this
Agreement.
C. Should the Provider fail to complete the Requested Services in accordance with
the terms and conditions of this Agreement, the Contract Administrator may withhold payment
due Provider. Further, if the damages are imposed against Provider, any monies due and payable
to the City thereby, may be retained out of any monies earned by the Provider under the terms of
this Agreement. An extension of time may be granted in the event of extenuating circumstances
by the Provider applying for and receiving written permission for an extension of time from the
BPW.
SECTION 3. Parties' Responsibilities.
A. Information and Communications. The Contract Administrator shall provide all
rdports, and other data requested by the Provider necessary for the Provider to accomplish the
Requested Services. The BPW and the Provider agree that the BPW shall be permitted to obtain
at no additional cost and to retain any and all documents prepared or caused to be prepared by
the Provider in connection with the services to be provided by the Provider and the Provider
agrees to provide the City with said documents upon request by City.
B. Reports and Bacdgets. In addition to all other reporting requirements under this
Agreement, the Provider agrees to provide the Contract Administrator and the Internal Auditor a
report regarding the performance of the Requested Services at least every fifteen (15) days
following the Effective Date of this Agreement or upon the written request of the Contract
Administrator or the Internal Auditor. The report must describe the Provider's progress in
completing the Requested Services.
C. Program Budd. The Provider hereby agrees to develop and abide by the
Program budget stated in Exhibit A, which will not exceed a sum total of Three Hundred Fifty
Thousand Dollars ($350,000,00) (the "Program Budget").
D. Final Report. The Provider shall provide to the BPW a final report within thirty
(30) days of the Termination Date of this Agreement summarizing the successes or failures of
this engagement and the Provider's delivery of the Requested Services in addition to a final
accounting of all revenues and expenditures as described above.
E. Records. The Provider agrees to keep and maintain, not less than two (2)
years after the termination of this Agreement, at its business office, separate and independent
records, reasonably satisfactory to the Internal Auditor and in compliance with Indiana law,
consistent with generally accepted accounting principles.
F. Point of Contact. The BPW hereby designates the Contract Administrator as the
Provider's point of contact with the BPW for purposes of this Agreement. The Contract
Administrator shall be responsible for the provision of information to the Provider under this
Agreement.
G. Auditing &quifrements. The Provider agrees to make all information available to
the Internal Auditor or any other entity as required by Indiana law. The Provider understands and
acknowledges that the City's Internal Auditor may perform, at any reasonable time and for a
period extending to two (2) years after the termination of this Agreement, a review of
understanding and completed contracts for compliance with contract provisions and hereby
agrees to provide the City's Internal Auditor prompt access to all information and documents
(whether electronic or otherwise) requested by the City's Internal Auditor for the purposes of
completing such audit, which such access must be provided at least during normal business
hours. Further, the Provider shall permit the City's Internal Auditor to audit, examine and make
excerpts of transcripts from such records and to make all contracts, invoices, materials, payrolls,
records of personnel, conditions of employment and other data relating to all matters covered by
this Agreement. At regular intervals during the term of this Agreement, the BPW may conduct
reviews of the content and progress of the Requested Services.
H. Form 990. The Provider agrees to file its annual Form 990 required under the
Internal Revenue Code and its accompanying regulations promptly with the Internal Revenue
Service and to submit a copy of said Form 990 (and all amendments thereto) to the City's
Internal Auditor within five (5) days of their filing.
1. Revision o Re nested Servvices. If, as a result of such review hereunder, it is
the opinion of the BPW that revisions of the scope of the Requested Services are necessary or the
methods employed by the Provider are inappropriate, the City may require such revisions to the
scope or methods by notifying the Provider in writing.
J. Additional Auditing Requirements for Not -For -Profit Or anizations. The
Provider understands that not -for -profit entities receiving City of South Bend funds equal to or
greater than One Hundred Thousand Dollars ($100,000.00) are required to supply an
independent audit. Audited financial reports must be provided to the City's Internal Auditor on
an annual basis, including any A-133 Audits. If the not -for -profit entity is required to submit an
E-1 form to the Indiana State Board of Accounts, the entity shall also forward a copy of the E-I
to the City's Internal Auditor. The City may also make an examination of the Provider's fidelity
bonding and fiscal and accounting procedures to determine whether these procedures meet the
requirements of this Agreement.
SECTION 4. Compensation.
A. Fees. As compensation for services performed pursuant to this Agreement, the
BPW agrees to pay the Provider a fee in the amount of Three Hundred Fifty Thousand Dollars
($350,000.00) for services rendered (the "Contract Amount"). The Provider agrees to cap
administrative and program development costs at ten percent (10%) of the Contract Amount.
B. Invoices. The Provider shall submit an invoice for progress payments to the BPW
for services performed under this Agreement, which invoice shall identify the project, the task, a
description of the services completed and the time for each billing. Invoices shall be submitted
for services rendered. In the event of termination of this Agreement as provided in SECTION 6,
all non -disputed sums owing and due the Provider for services rendered shall be paid within
thirty (30) days of receipt of any invoice.
SECTION 5, Term.
The term of this Agreement shall commence on the Effective Date and shall terminate on
the earlier of December 31, 2018, or the Termination Date, as described at SECTION 6, below
(the "Term").
SECTION 6. Termination and Default.
A. Termination. This Agreement shall terminate on the earlier of: (i) the Expiration
Date without notice to either party; or (ii) within twenty (20) days of an offending party's receipt
of a Default Notice (as defined below) if such default or failure continues and remains uncured
as discussed in Section 6(B) below through no fault of the party initiating the termination (the
"Termination Date"),
Upon termination of this Agreement for any reason, all data, electronic files, documents,
procedures, reports, estimates, summaries other work papers, financial statements and any other
supporting documents, whether completed or in process, accumulated by the Provider or
prepared or provided by BPW or the Provider relating to this Agreement or the Requested
Services shall be and remain the property of City and be delivered to the City in a usable form
within sixty (60) days of the Termination Date of this Agreement. The City shall retain or be
granted by the Provider without restriction all title, ownership, or intellectual property rights,
including copyright, patent, trademark, and trade secret rights, in any data gathered or generated
by the Provider in performance of the Requested Services under this Agreement,
B. Default Any failure by either party to perform any term or provision of this
Agreement, which failure continues uncured for a period of twenty (20) Days following written
notice of such failure from the other party (the "Default Notice"), unless such period is extended
by written mutual consent, shall constitute a default under this Agreement. Any Default Notice
given pursuant to the preceding sentence shall specify the nature of the alleged failure and, where
appropriate, the manner in which said failure satisfactorily may be cured. If the nature of the
alleged failure is such that it cannot reasonably be cured within such 20-day period, then the
commencement of the cure within such time period, and the diligent prosecution to completion
of the cure thereafter, shall be deemed to be a cure within such 20-day period. Upon the
occurrence of a default under this Agreement, the non -defaulting party may institute legal
proceedings to enforce the terms of this Agreement or, in the event of a material default,
terminate this Agreement. If the default is cured, then no default shall exist and the noticing party
shall take no further action.
C. Misrepresen.tations. Notwithstanding any other provision of this Agreement to
the contrary, if a party intentionally, knowingly or recklessly makes a written representation
materially related to the provision of the Requested Services or the obligations of said party
under this Agreement, the other party may terminate the agreement immediately upon delivery of
a Default Notice.
D. Close -Out. In the event that the Provider expends funds or perform services that
are less than the Contract Amount or if this Agreement is canceled, expired, or terminated for
any reason, the Contract Amount not incurred or claimed by the Provider shall be no longer
available under this Agreement after all compensation earned as of the date the Provider received
written notification of the cancellation or termination has been paid.
SECTION 7. Confidentiality, Conflict of Interest, and Disclosure.
A. Confidential In orniation. The Provider acknowledges that information which the
BPW regards as confidential or proprietary in nature ("Information"), may come to the
knowledge of the Provider during the Provider's performance of the Requested Services, The
Provider shall treat the Information as strictly confidential and agrees that the Provider will not,
at any time or in any manner, either directly or indirectly, (i) use, or allowed to be used, any
Information for the Provider's own benefit or the benefit of any director, official, employee or
agent or any third party, or (ii) divulge, disclose or communicate in any manner any Information
to any third party without the written consent of the BPW. The Provider shall be responsible for
maintaining the confidentially of any Information in its possession, including taking appropriate
measures to secure said Information against such uses and dissemination and to inform any
person to which it allows to access such information of its confidentiality. The Provider shall be
responsible for any actions taken by those individuals or organizations who or which receive or
obtain such Information from the Provider. A violation of this SECTION 7 shall be deemed to
be a material breach of this Agreement.
B. Covenant Survive Ajreen?ent. The confidentiality provisions of this Agreement
will remain in full force and effect after, and survive the termination, of this Agreement.
C. Conflict of Interest. The Provider hereby certifies and agrees that no official,
employee, or agent of the City and no member of a governing body of the City of South Bend or
the Provider (and no one with whom they have family or business ties) who exercises any
functions or responsibilities with respect to this Agreement 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.
D. Conflict of Interest; Non -Collusion. The Provider acknowledges that he or she (or
it and its directors, officer, employees and agents), may potentially be deemed to be a "public
servant" as defined by Indiana Code § 35-31.5-2-261. The Provider hereby represents and
certifies that it may enter into this agreement under Indiana Code 35-44.1-1 and, to the extent
applicable, has executed and filed with the City and the appropriate bodies a Uniform Conflict of
Interest Disclosure Statement in the form prescribed by law. In addition, the Provider agrees to
execute and file with the City an affidavit in the form attached hereto as Exhibit C.
SECTION 8. Relationship.
A. Independent Contractor. The Provider shall at all times be an independent
contractor of the City, and no act, action, or omission to act by the Provider shall in any way bind
or obligate the City, except as specifically provided under the terms of this Agreement. No
employee of the Provider will be deemed an employee of the City. It is understood and agreed
by the parties that the Provider will not be entitled to any benefits enjoyed by the City or the staff
of the City in the normal course of their employment.
B. Tax Oblikations. The Provider 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 the Provider 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 9. Indemnification.
The Provider hereby agrees to defend, indemnify, and hold harmless the City, its
officials, directors, 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. The obligations of the Provider under this Section shall survive the
termination or expiration of this Agreement.
SECTION 10, Equal Opportunity.
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.
SECTION 11. 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 12, Law Governing.
This Agreement shall be construed and interpreted according to the laws of the State of
Indiana.
SECTION 13, Assignment.
The Provider's obligations under this Agreement may not be assigned or transferred to
any other person or entity without the prior written consent of the City.
SECTION 14. Amendment.
This Agreement may be amended only by separate writing, approved by both the
Provider and the City.
SECTION 15. Notices.
All notices or other communications which are required or permitted under the terms of
this Agreement shall be sufficient if delivered personally, by registered or certified mail, return
receipt requested, or by generally recognized, prepaid, overnight air courier services, to the
address and individual set forth below. All such notices to either party shall be deemed to have
been provided when delivered, if delivered personally, three (3) days after mailed, if sent by
registered or certified mail, or the next business day, if sent by generally recognized, prepaid,
overnight air courier services.
City;
Director of Business Development and Economic Resources
Department of Community Investment
City of South Bend
1400 County City Building
South Bend, Indiana 46601
Telephone: (574) 235-5823
dbuckenm@southbendin.gov
With a Copy to: South Bend Legal Department
227 West Jefferson Blvd.
1200 County -City Building
South Bend, Indiana 46601
Telephone: (574) 235-9241
Facsimile: (574) 235-7670
Provider Northern Indiana Workforce Board, Inc.
Greg Vollmer --- President/CEO
851 S. Marietta St.
South Bend, IN 46601
Phone: 317.828.2751
Fax: 574.239.2672
Email: gvollmer@gotoworkone.com
With a Copy to: Northern Indiana Workforce Board, Inc.
Jeff Balogh — CFO
600 E. Carmel Drive, Suite 147
Carmel, IN 46032
Phone: 574.855.6148
Fax: 317.819.8329
Email: jbalogh@gotoworkone.com
SECTION 16, Counterparts.
This Agreement may be executed in counterparts, all of which shall be deemed originals.
SECTION 17. Corporate Authority.
The undersigned persons executing and delivering this Agreement on behalf of the
Provider represent and certify that they are the duly authorized officers of the Provider with
authority to execute this Agreement; that the Provider has the full legal right, power and
authority to enter into this Agreement and to grant the rights and perform the obligations of the
Provider herein; that no third party consent or approval is required to grant such rights or
perform such obligations hereunder; that this Agreement has been duly executed and delivered
by the Provider and constitutes a valid and binding obligation of the Provider, enforceable in
accordance with its terms, except as such enforceability may be limited by bankruptcy,
insolvency, reorganization or similar Laws affecting creditors' rights generally or by general
equitable principles.
The undersigned persons executing and delivering this Agreement on behalf of the City
represent and certify that they are the duly authorized officers of the Provider with authority to
execute this Agreement, that they have been fully empowered, by proper resolution or action of
the Commission to execute and deliver this Agreement and that all necessary action has been
taken and done by the Commission to enter into this Agreement.
(remainder ofpage intentionally left blank)
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first above written.
NORTHERN INDIANA WORIUORCE
BOARD, INC.
)". 01fo
Primed Name dnd Title (J'
01,61,F
1500.0000014 30402593.004
CITY OF SOUTH BEND, INDIANA,
BOARD OF PUBLIC WORKS
./L-b -
Gary Gilot, President
Elizabeth A, Maradik, Member
James Mueller, Member
ATTEST:
i4ida Martin, 'Cl&k
EXHIBIT A
Requested Services
Pathways Program
NIWB will deliver the Pathways Program defined below with a budget of Two Hundred Fifty
Thousand Dollars ($250,000.00) for calendar year 2018. In delivering the Pathways Program,
NIWB will work closely with the City's two (2) contractors retained for calendar year 2018 to
coordinate workforce development efforts in the City (the "Coordinators"). Specifically, NIWB
will be responsible for the following activities:
• NIWB will assist the Coordinators with the recruitment of participants
• NIWB will handle all the bills associated with the provision of direct training
• NIWB and the Coordinators will coordinate monitoring participant's progress
• NIWB will enroll/train a minimum number of qualified South Bend residents for job
training program
• NIWB will ensure all enrollees /trainees will have a valid Driver's License or State issued
Identification Card reflecting an address within the city limits
• NIWB will provide reports indicating the number of applicants enrolled
• NIWB will provide reports on the number of successful training completions
• NIWB will provide reports on the number of applicants in On -the -Job Training (OJT)
• NIWB will provide reports on the number of transitioned from OJT to full time -
employment
• NIWB will provide reports on the number of employers engaged in the training program
• NIWB will provide reports on the number of employers hiring
• NIWB will place a strong emphasis on assisting enrollees/trainees with creating
professional/up- to -date resumes formatted to fit the needs of potential employers
• NIWB will track and report all training participants' weekly wages before the start of the
program and after job placement
• NIWB will track and report all participants that are going from unemployed to employed
• NIWB will track and report the number of participants that are increasing their skills
from current employment to a better job prospect
• NIWB will assist and work with the program Coordinators to engage community leaders
and organizations to promote in the accountability and provision of services available and
accessible to those most in need.
• NIWB will provide the City access to the ICC database in which NIWB will track the
progress of all candidates through the Pathways Program.
On -Demand Services
NIWB will collaborate as necessary to deliver on -demand services with a budget of One
Hundred Thousand Dollars ($100,000.00) for calendar year 2018. On -demand programs will
include, where appropriate, all of the NIWB's activities stated above with respect to the
Pathways Program and will be designated, budgeted, and assigned at the discretion of designated
employees of the City's Department of Community Investment. NIWB will not be compensated
for any on -demand services or programs unless expressly approved by such City employee(s).
EXHIBIT B
Evaluation Measures
Activity/Methods
Evaluation
Tirneframe
Measures
WorkOne will assist the Coordinators with the
Number of participants
Ongoing
recruitment of participants.
WorkOne will handle all bills associated with
Paid Invoices/bills
Ongoing
the provision of direct training.
WorkOne and the Coordinators will coordinate
Number of meetings/ database
Ongoing
monitoring participant's progress.
maintenance
WorkOne will enroll/train a minimum number
Number of South Bend
Ongoing
of qualified South Bend residents for job
residents in job training
training program.
session
WorkOne will ensure all enrollees/trainees have
Number of applicants with
Ongoing
a valid Driver's License or State issued
valid driver's license or
Identification Card reflecting an address within
identification cards
the city limits.
WorkOne will provide reports indicating
Reports indicating number of
Ongoing
number of applicants enrolled.
applicants enrolled quarterly
WorkOne will provide reports on the number of
Reports indicating number of
Ongoing
successful training completions.
successful training completion
WorkOne will provide reports on the number of
Reports indicating the number
Ongoing
applicants in On -the -Job Training (OJT).
of applicants participating in
OJT
WorkOne will prove reports on the number of
Reports indicating number of
Ongoing
transitioned from OJT to full time -employment.
OJT's transitioned to full-time
employment
WorkOne will provide reports on the number of
Reports indicating the number
Ongoing
employers engaged in training program.
of engaged employers
WorkOne will provide reports on the number of
Reports indicating number of
Ongoing
employers hiring,
employers hiring
EXHIBIT C
Contractor's Affidavit
[See attached.]
Date
Name
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
January 1, 2018
Daniel J. Buckenmever
Department Comm Inv
BPW Date February 13, 2018 Phone Extension 5823
Legal
®
Attorney Name Ben Dougherty
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
Purchasing
❑
❑ Agreement
® Contract ❑ Proposal ❑ Addendum
❑ Bid Opening
❑ Bid Award E] Req. to Advertise ❑ Title Sheet
❑
Quote Opening
❑ Quote Award
❑ Chg Order No.
❑ CIO & PCA No. ❑ PCA
Ease./Encroach
Other:
❑ Traffic Control
❑ Resolution
F Claim
Company or Vendor Name
Workforce 1
❑ Yes ❑ If Yes, Approved by Purchasing
New Vendor
® No
❑ MBE Yes
MBENVBE Contractor
Completed E-Verify Form Attached
❑ WBE ❑ No
Project Name
Pathway s Program
Project Number
Funding Source
EDIT
Account No.
408-1001-460-31.06
Amount
$ 350,000.00
Terms of Contract
$250K for continuation of existing Pathways programming
$100K for on -demand programs to be determined by DCI
Purpose/Description
This Addendum funds the the Ma or's training -program for under
skilled workers to meet critical labor deficits.
Qr �
❑ Increase $
Amount of
❑ Decrease $
Previous Amount
$
Current Percent of Change:
%
New Amount
$
Total Percent of Change:
%