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HomeMy WebLinkAboutProfessional Services Agreement - Colette Holt and Associates - MBE WBE Purchasing Disparity Study1316 COUNTY-C i y BUILDING 227 W. JEFFERSON BOULEVARD Sovrii BEND. INDIANA 46601-1830 C1TY0F SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PU13LIC April 10, 2018 Colette Holt Colette Holt and Associates 3350 Brunell Drive Oakland, CA 94602 PE: Professional Services Agreement Dear Ms. Holt; PHONE 574/ 235-9251 FAX 574/235-9171 The Board of Public Works, at its meeting held on April 10, 2018, approved the above referenced agreement to conduct a MBE/BE purchasing disparity study in the amount not to exceed $275,000, subject to the appropriation of funds. 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) 235T 9251. Sincerely, Linda M. Martin, Clerk Enclosure c: Christina Brooks, Mayor's Office GARY A. CGILOT SUZANNA M. FR rZBE G EuZABETH A. MARADIK JAfwr11ES A. MUELLER Ti J. DORAU AGREEMENT FOR CONDUCTING M/WBE DISPARITY STUDY CONSULTING SERVICES THIS AGREEMENT FOR CONDUCTING A MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE DISPARITY STUDY CONSULTING SERVICES (this "Agreement") is made effective the 8th day of April, 2018 (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 COLETTE HOLT AND ASSOCIATES, A California business (the "Provider"). RECITALS WHEREAS, in 1987, the City Administration and the Common Council worked for months researching, discussing and hosting public meetings, and specifically sought input from the Mayor's Minority Affairs Council to develop local regulations addressing employment opportunities. 2nd District Council Member Eugenia Braboy sponsored a proposed ordinance, which the Common Council passed in order to "address equal opportunity for minorities and women with regard to employment and bidding for City contracts." Those regulations became Ordinance No. 7811-87 and were codified into the South Bend Municipal Code as Article 1 of Chapter 14.5. WHEREAS, in 1989, the United States Supreme Court held in City of Richmond v, J.A. Croson Co., 488 U.S. 469 (1989), that state and local government's use of race in contracting decisions would be subject to a "strict scrutiny standard" whereby a "compelling interest" in remedying discrimination must be shown, and any remedies adopted must be "narrowly tailored" to the evidence of discrimination. WHEREAS, it was with the interest of improving overall participation and opportunities in South Bend and having regulations which were consistent with then governing law, that the 2011 Minority and Women Business Enterprise Diversity Development Program was proposed to amend the 1987 regulations codified in the South Bend Municipal Code. WHEREAS, the 2011 ordinance was aimed at maximizing participation and opportunities in South Bend by facilitating networking, outreach, communication, education, training, internal accountability and employment opportunities for qualified minority and women business enterprises. The 2011 ordinance was designed with the intent of being a pro -active, fair, and reasonable mechanism, and in the best interest of our City. WHEREAS, the City now seeks to collect data regarding women- and minority - owned business enterprise utilization, disadvantaged business enterprise utilization, and small business utilization in order to enforce the 2011 ordinance and to determine the appropriate steps necessary to remedy any discrimination in South Bend. WHEREAS, the Provider is duly qualified to provide the M/WBE/DBE/SBE disparity study 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. Contract Amount and Term. The Provider will provide the Services in accordance with the terms of Exhibit A for the period commencing on the Effective Date of this Agreement and ending on June 30, 2019 (the "Services Term"). In accordance with the terms and conditions of this Agreement, the City will expend an amount not to exceed Two Hundred and Seventy -Five Thousand Dollars ($275,000.00) (the "Contract Amount") for the Provider's performance of the Services during the Services Term. 2. Bud 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. 3. Compensation for Services. The Provider will submit a report consistent with constitutional mandates, governing law, and M/WBE/DBE/SBE best practices and shall outline the results of the disparity study and clearly and concisely offer recommendations consistent with the results of the disparity study and governing law. As compensation for the Provider's satisfactory performance of the Services, the City will pay the Contract Amount in full. The City will not be required to pay any Contract Invoice 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. 4. Invoicing., Provider will submit invoices to the City on a monthly basis. The format will be an activity summary for the prior month for each of Provider's team members, employees, or agents working on the project and total hours expended for the Provider's prime consultant. 5. 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. 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. 6. Breach a Contract. The City is entitled to impose sanctions against the Provider for any material breach of this Agreement. Sanctions may include, but are not limited to, suspension of all payments. "Breach" includes, but is not limited to, failure to 9 complete services in this Agreement or taking any action outside the scope of this Agreement. The Provider shall repay any portion of the Contract Amount expended for matters not within the scope of the Services. 7. Maintenance ofRecords, Access to Records. The Provider understands that the City must comply with lawful subpoenas, discovery requests, and records requests made pursuant to Indiana law, such as I.C. 5-14-3-1 et seq. (commonly known as Indiana's Access to Public Records. Act), and may be required to disclose records related to this Agreement or Provider's Services. 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. 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 12 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"). 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. The City acknowledges that its officers and employees are "public servants" within the meaning of I.C. 35-31.5-2-261. The City hereby represents and certifies that it may enter into this Agreement under I.C. 35-44.1-1 et seq. and, to the extent applicable, the City will cause to be prepared any required Uniform Conflict of Interest Disclosure Statement in the form attached hereto as Exhibit B. 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 forth below. Provider: Cam: Colette Holt & Associates Christina Brooks (the"Contract Administrator") 3350 Brunell Drive. Office of the Mayor Oakland, CA 94602 227 W. Jefferson Boulevard, Suite 1400 South Bend, IN 46601 13. 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. 14, Entire Agreement and Amendment; Applicable Law. 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. SeverabiliM If any provision of this Agreement is for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 16. Ass_ shmment. The Provider shaiI 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. I Z 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 2 and submit to the City and any other appropriate bodies, an affidavit in the form attached hereto as Exhibit C. 18. Drug -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. 19. E-Verify. The Provider hereby certifies that it does not and will not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Provider subsequently learns is an unauthorized alien. The Provider agrees that he/she/it shall enroll in and verify the work eligibility status of all of the Provider's newly hired employees through the E-Verify program as defined by I.C. 22- 5-1.7-3. (Signature page follows) 61 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: T �d / C , 2018 Gary A. Gilot, President Therese Dorau, ember jakUA.L Elizabeth Maradik, Member � 4 1�" Jan 's Mueller, Member 4 J� J/1 / I/--- tzar n ritzber n ATTEST Lit) a M. Martin COLETTE HOLT & ASSOCIATES, a California business 18 3 EXHIBIT A Scope of Work The following scope of work describes in detail the implementation, data collection, data analysis, reports, project timeline is provided at the end of this document Study Initiation Meeting. Task: Conduct Study Initiation Meeting tasks related to the disparity study's recommendations, and presentations. A . The timeline begins on the date of the CHA will conduct the Study Initiation Meeting with the City's study team by telephone to facilitate data collection, project planning and scheduling, and address questions or concerns regarding approach or timeline. Prior to the meeting, CHA will submit all documents needed such as the agenda, study elements and methodology presentation, Frequently Asked Questions sheet, etc.; and work with the agency to identify key City personnel to include in the meeting. At the meeting, CHA will present the study approach, timeline, data request forms, and review roles and responsibilities of all parties. Task: Develop Study Website CHA will develop and maintain a dedicated study website to inform all interested parties about the study and the consultant that is performing the project. The site will provide an explanation of the study elements, a Frequently Asked Questions sheet, and information about ways to participate. It is also a vehicle to contact CHA with feedback, and to provide contact information to be notified of opportunities for participation. It will be CHA's responsibility to maintain the content and respond to contacts. The study website will include. Homepage: • A description of the disparity study project. • A link to a Frequently Asked Questions sheet. Meet the Team Page: • A place for all interested parties to learn about the consulting team engaged to perform the disparity study. Participation Page: • The participation page communicates to all interested parties the available channels by which they can participate in the study process and evidence gathering, including the Public Information Meeting and Business Owner Interviews. Contact Page: • Contact information for the study team. • A place for interested parties to provide their contact information and make comments or ask questions. The study website will be updated as new information becomes available. Task: Conduct Legal Analysis CHA will provide the legal standards that form the governing principles of the study methodology, both to educate the reader about the elements of strict constitutional scrutiny and provide a framework for a court in litigation. We will describe the legal standards and research methodologies that guide the overall conduct and specific elements of the study to inform readers -- including a court —of the approach applied to meet strict scrutiny. Task: Perform Utilization Analysis To conduct the analysis of the City's utilization of minority- and women -owned business enterprises C'NMBEs") on contracts during the study period of City fiscal years 2015 through 2017, CHA will first collect prime contract records of awards $50,000 or greater for the study period. The City has projected that number of contracts to be approximately 490. We will collect contract data through the receipt of the agency's contract records. We have protocols and forms for describing the types of records necessary to conduct the study. We will then work with the City to gather those records. We will collect the contract data through the study email or upload site. We will utilize detailed contract data collection documents that list all the contract information necessary to conduct the study. Based on these records, we will determine the utilization of M/WBEs as prime contractors and subcontractors as a percentage of overall firms, constrained by the City's geographic and industry markets. We include all identifiable minority- and women -owned firms, regardless of certification type. We will use the accepted 75 percent threshold of the location of the City's prime firms to define the geographic market, i.e., determine the contiguous political jurisdictions that capture at least 75% of the dollars in the unconstrained product market. Based on the determination of the geographic market, we will develop the industry market for the study. We will use the 75 percent threshold of the spend by industries of the prime firms to define the product or industry market. This results in the "constrained product market." The creation of the Final Contract Data File will involve the following steps: 1. Collect prime contract award, industry category, location and funding source data for all contracts above the designated threshold during the study period; 2. Conduct outreach to prime vendors to collect missing data for contracts in the Contract Data File; 3. Assign missing race and sex values to all firms; and 4. Assign any missing detailed industry codes to each firm in the Contract Data File. Our objective is to achieve at least 80% coverage of the contracting dollars in the Contract Data File. The end product of this process is the Final Contract Data File constrained by the geographic and product markets. We will use the Final Contract Data File to calculate the utilization of M/WBEs in the market areas as a percentage of all firms by detailed industry code. We will produce estimates of City M/WBE utilization for: • All race and sex groups combined by all industry classifications combined; • All race and sex groups combined by detailed industry classifications; • Detailed race and sex groups by all industry classifications combined; and • Detailed race and sex by detailed industry classifications. The utilization results will be used to form the weights for the availability analysis. Task: Perform Availability Analysis Based on the product and geographic utilization data in the Final Contract Data File, we will calculate weighted M/WBE availability estimates of ready, willing and able firms in the City's markets. We will apply the "Custom Census" methodology using the following steps: 1. Acquire all government M/W/DBE directories and listings from private entities that maintain such listings. 2. Prepare a final list of all the combined collected directories that consolidates information across fields, resolves field conflicts, and removes duplicates. 3. Using the relevant geographic and product market definitions identified previously, define a subset of business data to be licensed from Dun & Bradstreet's/Hoover's MarketPlace database to create the Master Business List. 4. Merge the Master M/W/DBE Directory with the Master Business List to create a final Merged Business List of firms in the relevant markets. We will assign any missing industry codes or race/gender status. The Merged Business List will be the available universe of relevant firms for the study. We will assign race and sex to any firm not already classified. We will produce estimates of women and minority business availability in the city's markets for: • All race and sex groups combined, and all industry groups combined. • All race and sex groups combined by detailed industry. • All detailed industry groups combined by detailed race and sex. • Detailed race and sex by detailed industry groups. Task: Perform Disparity Analyses Using the M/WBE utilization estimates and the M/WBE availability estimates, CHA will calculate a disparity index using regression analyses (statistical methods approved by the courts). The disparity index will be formed by dividing M/WBE availability into M/WBE utilization and multiplying the result by 100. CHA will produce statistical comparisons of M/WBE availability with the utilization of M/WBEs on city contracts for the study period; produce disparity indices for all race, sex, and detailed industry categories; and apply statistical significance tests, to the extent permitted by the sample sizes. If supported by sufficient observations in the database, a separate disparity index will be calculated for; 0 All race and sex groups combined, and all industry groups combined. • All race and sex groups combined by detailed industry, including construction, construction -related and professional services. a All detailed industry groups combined by detailed race and sex. a Detailed race and sex by detailed industry groups. Task: Perform Economy -Wide Disparity Analyses CHA will use approved statistical techniques to examine two large Census Bureau databases that provide information on the rates at which minorities and women form business and their earnings from such businesses compared to comparable non-M/WBEs and the receipts of comparable MiWBEs and non-M/WBEs, throughout the City of South Bend greater economy. To evaluate possible barriers to the formation of M/WBEs, we will use linear and limited dependent variable regression techniques, including logit and probit analyses, to analyze recent federal census data for the City of South Bend's metropolitan area at the greatest level of detail permitted by the data sets. We will use data from the Public Used Microdata Sample (PUMS) of the American Community Survey ("ACS") to determine if minorities or women form businesses at lower rates than comparable non -minority men, and whether minorities or women who do form businesses earn less from their entrepreneurial activities than comparable non -minority men. We will prepare the ACS datasets for analysis, utilize statistical software to produce descriptive statistics and carry out relevant regression analyses of business formation and business owner earnings, with associated statistical tests. We will test alternate regression specifications, conduct post -estimation testing, and analyze results. To evaluate possible barriers to the fair competition of M/WBEs, CHA will examine the most recent Census Bureau's Survey of Business Owners and Self -Employed Persons (SBO), which collects and disseminates data on the number, sales, employment, and payrolls of businesses owned by women and members of racial and ethnic minority groups. We will prepare the SBO dataset for analysis and utilize statistical software to produce descriptive statistics and carry out relevant disparity comparisons, with associated statistical tests. Using this data source, we will determine the percentage of sales or receipts attributable to minority -owned or woman -owned firms (utilization), compare to corresponding percentage of minority -owned or woman -owned businesses in any given geographic or industry category (availability). CHA will apply the accepted principles of disparate impact and disparate treatment analysis. Employ "four fifths" rule of the Equal Employment Opportunity Commission to determine whether disparities on the basis of race are sufficiently large so as to support an inference that discrimination is the cause of those disparities. We will test disparate impact and disparate treatment comparisons for statistical significance for those cases where data have not been suppressed and where standard errors have been published. Task: Collect Qualitative Evidence of Discrimination CHA will collect qualitative evidence of discrimination through a public meeting and business owner interviews. We will perform broad outreach to invite firms, industry groups, community organizations and other interested stakeholders to the public meetings and interview sessions. We will conduct outreach through trade associations, industry groups, stakeholder groups, media and the study website to ensure wide community awareness and participation. CHA will conduct a public meeting to introduce the study process to the community and answer questions about the methodology and public involvement. We will conduct business owner group interview sessions. Sessions will be divided into one session for M/WBEs and one sessions for non-M/WBEs. We will explore barriers based on race or gender to the utilization and success of minorities and women on City contracts and private sector projects and the efficacy of race- and gender -neutral measures. We will also explore barriers faced by all firms, including small businesses. Task: Findings, Recommendations, Reports and Presentations CHA will present the results of research to the city in a Draft Report and a Final Report. We will make one in person presentation as directed by the city. All statistical data and results will be provided in electronic format at study completion. Task: Written Progress Reports CHA will submit monthly written progress reports that detail the actions and accomplishments of the prior month; upcoming tasks; any problems encountered, and solutions to ensure the project remains on track and on budget. Task: Bi-Monthly Progress Meetings CHA will conduct bi-monthly telephone progress meetings with the city's study manager to ensure all parties are fully up to date on study progress, issues, resolutions, and next steps. Disparity Study Timeline TASK M M-.- M M. M M M M M M M- M 1. 2 3 4 5. 6 7 8 9 10 11 12 Conduct Study Initiation Meeting Create and Maintain Study Website Conduct Legal Review Determine Utilization and - Availability through contract data collection: obtain and prepare data; collect missing data; prepare Final Contract Data File Perform Directory Collection Analyze Utilization and Availability to determine market areas Perform Disparity Analysis Conduct Economy- wide/Private Sector Analysis Collect Qualitative/Anecdotal Data: public meeting; business owner interviews Prepare Recommendations Draft Study Report Present Final Study Report EXHIBIT B Uniform Conflict of Interest Disclosure Statement [See attached.] EXHIBIT C Contractor's Affidavit [See attached.] 0 UNIFORM CONFLICT OF INTEREST DISCLOSURE STATEMENT Slate Form 64288 (R218-16)1 Form 238 STATE BOARD OF ACCOUNTS Indiana Code 35-44.1-1-4 A public servant who knowingly or intentionally has a pecuniary interest in or derives a profit from a contract or purchase connected with an action by the governmental entity served by the public servant commits conflict of interest, a Class D Felony. A public servant has a pecuniary interest in a contract or purchase if the contract or purchase will result or is intended to result in an ascertainable increase in the Income or net worth of the public servant or a dependent of the public servant. "Dependent" means any of the following: the spouse of a public servant; a child, stepchild, or adoptee (as defined in IC 31-9-2-2) of a public servant who is, unemancipated and less than eighteen (18) years of age; and any individual more than one-half (112) of whose support is provided during a year by the public servant. The foregoing consists only of excerpts from IC 3544.1-14, Care should be taken to review IC 35-44.1-1-4 in its entirety. 1. Name and Address of Public Servant Submitting Statement: 2. Title or Position With Governmental Entity: 3. a. Governmental Entity: b. County: 4. This statement Is submitted (check one): a. as a "single transaction" disclosure statement, as to my financial interest 1n a specific contract or purchase connected with the governmental entity which I serve, proposed to be made by the governmental entity with or from a particular contractor or vendor; or b._ as an "annual" disclosure statement, as to my financial interest connected with any contracts or purchases of the governmental entity which I serve, which are made on an ongoing basis with or from particular contractors or vendors. 5. Name(s) of Contractor(s) or Vendor(s): 6. Description(s) of Contract(s) or Purchase(s) (Describe the kind of contract involved, and the effective date and term of the contractor purchase if reasonably determinable. Dates required if 4(a) is selected above. If "dependent" is involved, provide dependent's name and relationship.): Page 1 of 3 7. Description of My Financial Interest (Describe in what manner the public servant or "depen- dent" expects to derive a profit or financial benefit from, or otherwise has a pecuniary interest In, the above contract(s) or purchase(s), if reasonably determinable, state the approximate dollar value of such profit or benefit.): (Attach extra pages if additional space is needed.) i3. Approval of Appointing Officer or Body (To be completed if the public servant was appointed by an elected public servant or the board of trustees of a state -supported college or university.): i (We) being the of (Title of Officer or Name of Governing Body) and having the power to appoint (Name of Governmental Entity) the above named public servant to the public position to which he or she holds, hereby approve the participation to the appointed disclosing public servant In the above described contract(s) or purchase(s) in which said public servant has a conflict of interest as defined in Indiana Code 35- 44.1-1-4; however, this approval does not waive any objection to any conflict prohibited by statute, rule, or regulation and is not to be construed as a consent to any illegal act. Elected Official Office 9. Effective Dates (Conflict of interest statements must be submitted to the governmental entity prior to final action on the contract orpurchose.): Date Submitted (month, day, year) Date of Action on Contract or Purchase (month, day, year] Page 2 of 3 10. Affirmation of Public Servant: This disclosure was submitted to the governmental entity and accepted by the governmental entity In a public meeting of the governmental entity prior to final action on the contract or purchase. I affirm, under penalty of penury, the truth and completeness of the statements made above, and that I am the above named public servant, Signed: (Signature of Public Servant) Date: (month, day, year) Printed Name: (Please print legibly.) Email Address: Within fifteen (15) days after final action on the contract or purchase, copies of this statement must be fled with the State Board of Accounts by uploading It here bttps://aateway.ifionline.org/sboa coil which is the preferred method of filing, or by mailing it to the State Board of Accounts, Indiana Government Center South, 302 West Washington Street, Room E418, Indianapolis, Indiana, 46204-2765 and the Clerk of the Circuit Court of the county where the governmental entity took final action on the contract or purchase. Page 3 of 3 When the prospective Contractor Is unable to cer#fy to any of the statements helow, It shall attach an explanation to this Affldavlf 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 (J� j j ) SS: OI `ao--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 Non -Collusion Non -Debarment Affidavit Non Iran Form 2016 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, gender expression, gender identity, sexual orientation 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. Non -Collusion Non -Debarment Affidavit Non [ran form 2016 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, gender expression, gender identity, sexual orientation, 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). I hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. 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 r ' day of u 14,20, Subscribed and sworn to before me this My Commission Expires County of Residence Non -Collusion Non -Debarment Affidavit Non Iran Form 2016 MX ontractor/Bidder or Its Agent V a--- Printed Name and Title day of , 20 Notary Public California Jurat Certificate A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, State of California s.s. County Subscribed and sworn to (or affirmed) before me on this day of , i+�anth © 0 o by t4ame of S#q ser t24 Placate of 3ioner t1 P proved to me on the basis of satisfactory evidence to be the person,' who appeared before me. 41, L j-A 5it�t12 raark+rnkary;�uhlic For othor ro4l1lrNJ dsIN(Itlatlan (Nolary Marne, Cwil lmdon ltfl, alc,) AMArroner KAUR COM'ht.ral»aeo- �« NOTAItyM L1� {.1POIWIA 4l4 CDM��t9 Seal and OPTIONAL INFORMATION Although ilia informallon in this section is not tNuii-,9tl by late it cmikiprsvon t fioudufent removal anll ivaltachnrant of this juail to an unatrlhorizod document and may prove a5eful to peisons lelyin9 on the all:ached docurent: Description of Attached Document The certificate is attached to a document titledlfor the purpose of jl�ew 6ho '4� containing pages, and dated i1b 700fi•"_t115 f4 atnry Leinainq C Aster - All ftlit3 Res,:iw l You cljll purchcasc wpiras of this four€ front our w'eb situ ok Siora,rcrti AI:UL'FieJh:: A16II-i lYlP 77JjF ='' .ti' Z �I::Ur�l htFil:AAJh �� '� F;aivuaa:coceakrup�,�- BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 4/2/18 Name Christina Brooks Department Mayor's Office BPW Date 4/3/2018 Phone Extension 1.9261 ® Professional Services ❑ Bid Opening ❑ Quote Opening ❑ Chg Order No. ❑ Ease./Encroach. f lOther: ❑ Amendment ❑ Bid Award ❑ Quote Award ❑C/O &PCA No ❑ Traffic Control ❑ Req. to Advertise ❑ PCA ❑ Resolution I-1 Claim ❑ Title Sheet Company or Vendor Name Colette Holt and Associates ❑ Yes ❑ If Yes, Approved by Purchasing New Vendor ® No MBENVBE Contractor _ _ , ®MBE Completed E-Verify Form Attached ❑Yes ® WBE _ ❑ No Project Name MBE/WBE Purchasing Disparity Study Project Number Funding Source Account No. Amount $275,000.00 Terms of Contract Purpose/Description WHEREAS, the City now seeks to collect data regarding women- and minority - owned business enterprise utilization, disadvantaged business enterprise utilization, and small business utilization in order to enforce the 2011 ordinance and to determine the appropriate steps necessary to remedy any discrimination in South Bend. For Chan a Orders Onl .. , g, Amount of ❑ Increase $ ❑ Decrease $ Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % Time Extension: Dispersal After Approval - Copy Original ❑ ❑ ❑ ❑ ❑ ❑