HomeMy WebLinkAboutProfessional Services Agreement - Angeles Gonzalez - Coordination for Organization and Recruitment for Pathways Program1316 COUNI'Y-Cn'y BUILDING
227 W. JEFFERSON BouLEVARD
Soun i BEND. INDIANA 46601-1830
CITY OF Sourti BEND PUE BUTTIGIEG, MAY
BOARD OF PUBLIC WORKS I
February 13, 2019
Angeles Gonzalez
4211-313 Irish Hills Drive
South Bend, IN 46614
RE: Professional Services Agreement
Dear Ms. Gonzales:
NIONE 574/235-9251
FAX 574/ 235-9171
The Board of Public Works, at its meeting held on February 13, 2018, approved the above
referenced agreement regarding coordination for organization and recruitment for the
Pathways Program in the amount of $44,110.
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. GILOT SUZANNA M. FRITZBI�RG ELIZAIIETH A. MARADIK JAmr-,s A. MUELLER THERESE J. DORAU
AGREEMENT FOR WORKFORCE PROGRAM MANAGEMENT SERVICES
THIS AGREEMENT FOR WORKFORCE PROGRAM MANAGEMENT
SERVICES (this "Agreement") is made on February 13, 2018 (the "Effective Date"), by
and between the City of South Bend, Indiana, a nnunicipal corporation organized and
operating under the laws of the State of Indiana, acting by and through its Board of
Public Works (the "City"), and Angeles Gonzalez, an Indiana resident (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:
1. Conlracl Amount aml Tenn. The Provider will provide the Services in
accordance with the terms of Exhibit A during the period commencing on the Effective
Date of this Agreement 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 Forty -Four Thousand One Hundred Ten Dollars ($44,110,00) (the
"Contract Amount") for the Provider's performance of the Services during the Services
Term.
2. Brrcl-et; 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. Coinpensalion 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.
S. Work Product; 0"mership. The Provider will submit her 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 of 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.
8. Audit Requirements. The Provider agrees to make all information
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available to the Indiana State Board of Accounts, the City's Internal Auditor (as defined
below), and the Contract Administrator (as defined in Section I I 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. Indemnification. 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
3
forth below.
Provider: City:
Angeles Gonzalez Daniel Buckenmeyer (the "Contract
Administrator")
4211-313 Irish Hills Dr. Department of Community Investment
South Bend, IN 46614 City of South Bend
227 W. Jefferson Boulevard, Suite 1400 S.
South Bend, IN 46601
13, Equal 00portuni(y. The Provider shall comply with federal, state, and
local law in her hiring and employment practices and policies for any activity covered by
this Agreement.
14. Entire Agreement and Amendment; Applicable Lars). 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. Assignment: The Provider shall not assign or subcontract the whole or any
part of this Agreement or her obligations hereunder without the prior written consent of
the Board of Public Works of the City.
16. Equal Opportunity; Non -Discrimination • Conz liance. The Provider shall
comply with all applicable laws and regulations in her 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 her
activitids 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 she 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 she is the Provider and that she has not entered into or offered to enter into
any combination, collusion, or agreement to receive or pay, and that 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 face hereof. The Provider agrees that she will
execute and submit to the City and any other appropriate bodies, an affidavit in the form
attached hereto as Exhibit B.
4
18. Drug -Free Wor lace. 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.
IN WITNESS WHEREOF, 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: J
)4 3 , 2018
Gary A. Gilot, President
Therese D rau, Member
i
Suza a tz rg, emb r
E izabeth Maradik, Member
James Mueller, Member
ATTEST
a da M. Martin
1500.0000024 57602664.003
ANGELES GONZALEZ,
an Indiana resident
VXHTRTT A
CITY OF SOUTH BEND
DEPARTMENT OF COMMUNITY INVESTMENT
PATHWAYS WORKFORCE DEVELOPMENT PROGRAM
SCOPE OF WORK
2018 PROGRAM YEAR
The City of South Bend Department of Community Investment, working on behalf of the Mayor, has
created this Scope of Work for the Pathways Program consultants to achieve key deliverables that will
contribute to successful program outcomes in 2018:
Program Purpose:
The purpose of the program is to create a program to increase the efficiency of the labor market
by bridging the current disconnect between employers with unfulfilled jobs —and that segment
of the City's population that is un/under employed or not participating in the labor force
whatsoever.
Program Goal for 2018:
• Increase outputs*
*defined as South Bend residents who successfully matriculate and graduate from a Pathways
training program to find long-term placement in a higher -paying and more satisfying career.
General Consultant Expectations:
Serve as primary liaison between The City of South Bend's Department of Community
Investment, Work One, and the community as a resource for the Pathways program.
Resident Recruitment:
• Interface directly with South Bend residents to make them aware of the Pathways program
and its potential benefits for them.
• Evaluate individual residents and their potential for program success to assure meaningful
and appropriate use of resources.
• Coordinate on -site intake for the Pathways program at Work One. Assure that all South
Bend residents who visit the facility are made aware of the program and opportunity.
• Coordinate participation and presentations during weekly ETC (Educational Training
Connection) intake programs on -site at Work One.
• Speak before organizations and groups to promote information about the program.
Employer Engagement:
• Engage consistently with DCI staff to identify opportunities for partnership with South Bend
employers. There are two general categories that employer -based opportunities may
present themselves within:
o Placement Opportunities:
■ If an employer with an immediate need for trained employees from existing
Pathways programs is identified, engage and seek opportunities to place
program graduates.
o Customized Training Opportunities:
■ If an employer with a more specialized and/or larger need for employees is
identified, engage DCI Staff to accompany consultant in meeting with the
employer to identify specific needs and evaluate opportunities to provide
on -demand and/or customized training.
Community Engagement:
• Identify key community partner organizations, associations, service providers and
community stakeholders to introduce and request their promotion of the Pathways program
to their own constituencies.
• Coordinate with community partner organizations (as defined above) to represent and
promote the program at meetings, workshops and conferences.
• Visit key stakeholders on a periodic and consistent basis to achieve the above, include visits
and outcomes in weekly reports to DCI staff.
Program Reporting:
• Daily: Maintain the DCI online reporting tool to track daily Pathways recruitment activities.
• Weekly: Submit weekly reports to DCI Staff highlighting activities and successes in resident
recruitment, employer engagement and community engagement.
• Monthly: Submit monthly invoices in a timely fashion.
Coordinate with 130 Staff and WorkOne to handle referral management, training, placement,
and tracking
• Work One will act as a case manager for individuals in the program; handling drug testing,
Work keys testing, setting up curriculums, and assisting in placement upon program
completion.
Manage candidate follow-up to track interviewing, hiring, and placement outcomes
• All candidates will need to have progress tracked from program entry to job placement, with
information recorded on training, interviewing, and placements
• Candidates will need to provide surveys upon completion of the program that can be used
for evaluation in future endeavors
The consultant will submit invoices monthly for payment and demonstrate completion of all
requirements from recruitment to reporting.
• Invoices will have a 30 day turn -around time, consistent with City policy
EXHIBIT B
Contractor's Affidavit
[See attached.]
When the prospective Contractor is unable to certify to any of the statements below, 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 Oh )
)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" lncans 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 [ran 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. 22-5-1.7-3. 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 AfGdavi( Rion 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.
I, 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 of �, 2off
Contra I idder Fir
a
L
Si e f Contract / idder t its Agent
3 01-k
Subscribed and sworn to before me this
My Commission Expires��
County of Residence
F-Nan-Collusion Nan -Debarment AfFdavil Non ]ran Form 2012
-Omw)e�, Cyin7rAla,
1
Printed ame and Title
day of J6(n , 20`�
Notary Public MIRIAM 1 SANCHEZZ JOA DE FERRERAS
t Notary Public — State of Indiana
E[ Y/ha Elkhart County
Tres Feb 21, 2025
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date February 13, 2018
Name Daniel J. Buekenmever
Department Comm Inv
BPW Date February 13, 2018 Phone Extension 5823
Agreement
❑ Bid Opening
❑ Quote Opening
❑ Chg Order No.
❑ Ease./Encroach
n Other:
Contract
❑] Bid Award
❑ Quote Award
❑ C/O &PCANo.
❑ Traffic Control
Proposal
❑ Req. to Advertise
i■
❑ Resolution
Claim
Addendum
❑ Title Sheet
Company or Vendor Name
Angeles Gonzalez
® Yes ❑ If Yes, Approved by Purchasing
New Vendor
❑ No
MBEIWBE Contractor
❑ WBE Completed E-Verify Form Attached ❑❑ Neos
Project Name
Pathways Program
Project Number
Funding Source
EDIT
Account No.
408-1001-460--31.06
Amount
$ 44,110.00
Terms of Contract
Contract Provided)
Purpose/Description
Coordination of workforce efforts to maintain a single point of
contact for organization and recruitment
❑ Increase $
Amount of
❑ Decrease $
Previous Amount
$
Current Percent of Change:
%
New Amount
$
Total Percent of Change:
%