HomeMy WebLinkAboutProfessional Services Agreement - United Way of St Joseph County - Increase Pre K Providers for Early Childhood Education Provider Capacity Grant Program1316 COUNTY -CITY BUILDING
227 W.JEFFERSON BOULEVARD
SOIJTH BEND. INDIANA 46601-1830
CITY OF BEND PETE BUTTIGIEG, MAYCM'
BOARD
November 13, 2018
Laura Jensen
United Way of St. Joseph County
3517 E. Jefferson Blvd.
South Bend, IN 46615
RE: Professional Services Agreement
Dear Ms. Jensen:
PHONE 574/ 235-9251
FAx 574/235-9171
The Board of Public Works, at its meeting held on November 13, 2018, approved the above
referenced agreement to increase the number of designated "high quality" Pre-K providers
in South Bend for Early Childhood Education Provider Capacity Grant Program in the
amount of $100,000.
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
GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU
AGREEMENT FOR PROGRAMS AND SERVICES WITH
UNITED WAY OF ST. JOSEPH COUNTY
(EARLY CHILDHOOD PROVIDER CAPACITY BUILDING GRANT
PROGRAM)
THIS AGREEMENT (the or this "Agreement") is made effective the a day of
November, 2018, 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 the Board of Public Works (collectively the "City" or the "Board")
and UNITED WAY OF ST. JOSEPH COUNTY. (the "Organization").
RECITALS
WHEREAS, the City's 2018 municipal budget included One Hundred Thousand and
00/100 Dollars ($100,000) for capacity -building improvements to the mixed -delivery
early childhood education system; and
WHEREAS, "On -My -Way Pre-k" funding, from the State of Indiana, is available
only for children attending agencies ranked as "high quality" on the State "Paths to
Quality" metric; and
WHEREAS, the City desires to improve the quality of existing early childhood
education providers, and by so doing also increase the number of State -funded
scholarships for City area children in early childhood education; and
WHEREAS, in light of the foregoing, the City desires to provide for the
establishment, development, and administration of certain services and programs,
commonly described as the Early Childhood Provider Capacity -Building Grant Program
and more particularly described in Exhibit A (the "Program")
WHEREAS, the Organization represents that it is duly organized and validly
existing under Indiana law and exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code, as evidenced by the copy of the Indiana
Secretary of State's Certificate of Existence for the Organization and the copy of its Tax -
exemption Letter issued by the Internal Revenue Service, respectively attached as
, ,ppepdix l and , _gj& fl; and
WHEREAS, the Organization has the expertise and resources to provide for,
oversee and administer the Program; and
WHEREAS, the City desires to allocate for the Program, under the terms of this
Agreement, One Hundred Thousand and 00/100 Dollars ($100,000.00) ("Contract
Amount"); and the Contract Amount does not exceed the amount appropriated for such
purpose;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 and
that such actions comply with the public purposes and applicable provisions of State and
local law; and
NOW THEREFORE, for and in consideration of the mutual covenants and
promises contained herein, the City and the Organization hereby agree as follows:
1. ,Contract Amount and Term. The Organization shall provide the programs
and services set forth in Exhibit A on behalf of the City, for the Contract Amount for the
period commencing December 1, 2018 and ending December 31, 2019. The approved
schedule for the Program is set forth in Exh b IT '1�. The Organization shall submit
quarterly reports to the Contract Administrator on March 31, June 30, September 30 and
December 31 showing the progress of the Program, including a summary of all
transactions detailing each recipient by name, address, amount of funds attributable to the
Contract Amount used, the project commencement date and the project completion date.
2. gyp,.(? i yLLt_ Burlget anal Budget ... ll cli i c' tr"cad. The approved Program
Budget is set forth in l� Xhi bit C (hereinafter, the "Budget"), which exhibit is incorporated
herein by reference and attachment. The Organization shall not spend more than the
amount for each line item, as described in the Budget, without the prior written consent
of the City. The Organization shall only use the Contract Amount to implement the
Program or provide the services in conformance with the Budget and for no other
purpose.
3. (""on ��1n�crtr�?� 61, Ptro er�rz. To the extent the Contract Amount has not
previously been disbursed to the Organization, the Contract Amount shall be paid within
thirty (30) days of the latter of. (i) the date the last party hereto executes this Agreement
or (ii) the completion of all actions necessary to appropriate the funds for the Program.
All funds unencumbered for the Program at the expiration of this Agreement shall be
returned to the City upon the City's written request.
4. I c n an(I In letnc rtalioti o I')-o ,rate,. To the extent not set forth in
�Exhibit A, Exhibit-1 , and Exhibit C, the Organization shall be solely responsible for the
design and implementation of the Program, unless specifically directed otherwise by the
City, City's Internal Auditor (as defined herein), or the Deputy Chief of Staff or any
person appointed by said official or the City to administer this Agreement (the "Contract
Administrator"). The Program and this Agreement must be performed and administered
in accordance with all applicable federal, state and local law. The Organization shall use
the Contract Amount only for activities related to the Program. The Organization shall
further enter into a written agreement documenting each grant disbursement attributable
to the Contract Amount.
2
S. Terminationmmmmmof A reement. If the City Controller makes a written
determination that funds are not appropriated or otherwise available to support the
continuation of this Agreement, it shall be cancelled. A determination by the City
Controller that funds are not appropriated or otherwise available to support the
continuation of performance shall be final and conclusive. Effective thirty (30) days after
delivery of a written termination notice, 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 Organization shall be compensated for completion of the
Program properly done prior to the effective date of termination. The City will not be
liable for work on the Program preformed after the effective date of termination. In no
case shall total payment made to the Organization exceed the original Contract Amount.
6. Remedies for Breach of Contract. Failure to complete the Program in
accordance with this Agreement may be considered a material breach and shall entitle the
City to impose sanctions against the Organization including, but not limited to,
suspension of all payments, and/or suspension of the Organization's involvement in the
Program, on behalf of the City. The Organization shall repay any portion of the Contract
Amount expended for matters not within the scope of the Program or the Budget.
7. J111ctintenance QLP'ecµords AccesstoRecords. The Organization 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 Organization shall provide City with a final accounting of the use and
disposition of the Organization. Unless otherwise authorized by the City or required by
law, such records shall be maintained by the Organization for a period of four (4) years of
the date of this Agreement. The Organization understands and agrees to comply with the
legal requirements of Indiana Code § 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. judit Ree` tdreinents. The Organization agrees to make all information
available to the Indiana State Board of Accounts, the City's Internal Auditor, and the
Contract Administrator as requested to comply with any audit requested related to the
receipt and use of the Contract Amount and the Organization's performance in delivering
the Program in accordance with the provisions of this Contract. If requested by the City
or the Contract Administrator, the Organization shall provide the City a progress report
on the Program. If requested by the City or the City's Internal Auditor, the Organization
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 Account standards. The City Internal Auditor shall mean the City Controller or Acting
City Controller appointed pursuant to Indiana Code § 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 the Organization for this Agreement or other agreements of the City.
3
9. Conflicts of Interest. The Organization 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 Organization (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 the
Program. To the extent the Program involves the awarding of a contract or grant, the
Organization shall not award the same to a person or entity that creates a conflict of
interest described in Indiana Code § 5-16-11-5.5.
10. Relations ai, . The Organization shall at all times be an independent
contractor for the performance of the Program rather than an employee of the City, and
no act, action or omission to act by the Organization 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 counsel. Neither party shall maintain that the language in the Agreement
shall be construed against any signatory hereto. The City and the Organization hereby
renounce the existence of any form of agency relationship, joint venture or partnership
between the Organization 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 Organization.
11. o,,ti" � s. 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 Organization, as the case may be, at the address
set forth below.
Orani ation:
Laura Jensen
United Way of St. Joseph County
3517 E. Jefferson Blvd.
South Bend, IN 46615
City
Suzanna M. Fritzberg, Deputy Chief of Staff
Office of the Mayor
City of South Bend, Indiana
227 W. Jefferson Blvd., Suite 1400 N
South Bend, IN 46601-1830
12. [Fc tt l . The Organization shall comply with federal, state and
local law in its hiring and employment practices and policies for any activity covered by
this Agreement.
13. Entire Agreement and Amendment. This Agreement, inclusive of
Exhibits, Appendices and Schedules, constitutes 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 both the Organization
and the City.
0
14. Additional eg,,sent ataon . The undersigned persons executing and
delivering this Agreement on behalf of the Organization represent and certify that they
are the duly authorized officers of Organization and have been fully empowered to
execute and deliver this Agreement and that all necessary corporate action has been taken
and done.
15. t w"! ?a- r Ilt M ca and Accentance. The undersigned attests, subject to the
penalties of perjury, that he/she is the properly authorized representative, agent, member
or officer of the Organization and that he/she has not, nor has any other member,
employee, representative, agent or officer of the Organization, directly or indirectly, to
the best of his/her knowledge, entered into or offered to enter into any combination,
collusion or agreement to receive or pay, and that he/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.
[Signatures on following page]
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first above written.
CITY OF SOUTH BEND, INDIANA,
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
Therese J. D Bata,, Member
Suzanna Fritzberg, Member
_..
1lz: Iaetl�a A. Maradik, Member
James A. Mueller, Member
ATTEST:
Lr a Martm, Clerk .
UNITED WAY OF ST. JOSEPH
COUNTY
.
fillcer
0
Name and Title
Signature
Printed Name and 'l'Ttle
EXHIBIT A
Program Description
The Organization shall provide the following services and programs:
Early Childhood Provider Capacity -Building Grant Program.
Establish a program designed to increase the number of designated "high -qualify"
early childhood education providers in the City of South Bend, and by so doing
also increase the number of State -funded early childhood education scholarships
available to children in the City of South Bend. Program goals are to: a) provide
financial and technical support for eligible providers to implement service
improvements that will positively impact quality ratings on the Indiana "Paths to
Quality" rating system. Service improvements can include physical space
improvements, tuition funding for teachers, materials, and other expenditures
deemed appropriate by the Organization in coordination with the City; b)
prioritize providers in areas of South Bend with limited access to high -quality
early childhood education; c) monitor Program impact on providers and South
Bend early childhood landscape. The program shall require:
(1) A maximum of one grant per provider.
(2) The maximum grant shall not exceed fifteen thousand dollars
($15,000), unless by the express permission of the City.
(3) To be eligible, the subject provider must have proper insurance and
proper licensing.
(4) Specific Program guidelines must be finalized, which clearly
establish the grant process, requirements and schedule.
(5) No funds may be disbursed for a grant unless pursuant to a written
contract which provides for default conditions consistent with the
program guidelines and clearly establishes remedies for instances
of default.
(6) The written contract must contain an indemnification provision
holding the City of South Bend, Indiana, its departments, boards,
officers and employees (collectively, the "City") and United Way
of St. Joseph County ("UWSJC") harmless and shall indemnify the
City and UWSJC for any damages or costs related to any claim,
suit or demand related to any action occurring as a result of an
applicant's application or participation in the Program.
EXHIBIT B
Program Schedule
L Create a Program consistent with this Agreement during the Contract
Term
2. Commence and continue marketing for the Program and continue
processing applications during the Contract Term.
3. Review, analyze and have Organization staff in a position to
recommend or deny an application within thirty (30) business days of
receipt.
4. Approve or reject an application within forty-five (45) days from
receipt or notify applicant of a deficiency or special circumstance
requiring additional deliberation.
5. Provide notice to applicant of approval or reject within five (5) days of
approval or rejection.
6. Monitor project and disburse funds consistent with Program guidelines
and this Agreement.
7. Applications will be accepted until date designated by Organization, or
funding is no longer available, whichever comes first.
EXHIBIT C
Program Budget
1. Funds Available for Early Childhood Provider Capacity -Building Grant
Disbursements: $80,000.00
2. Funds Available for Administrative Costs: $20,000.00
APPENDIX I
Certificate of Existence
(issued within last year evidencing that the Organization is in good standing)
APPENDIX II
Copy of Federal Tax -Exemption Letter
Internal Revenue Service
P.O. Box 2508
Cincinnati, OH 45201
UNITED WAY OF ST JOSEPH COUNTY INC
3517 E JEFFERSON BLVD
SOUTH BEND IN 46615
Dear Sir or Madam:
Department of the Treasury
Employer Identification Number:
35-1063368
Person to Contact - ID Number:
Jacob McDonald - 0203230
Contact Telephone Number:
877-829-5500 Toll -Free
Form 990 Required:
Yes
In your letter dated October 19, 2015, you requested classification as a public charity
described in sections 509(a)(1) and 170(b)(1)(A)(vi) of the Internal Revenue Code.
In our letter dated June 1963, we determined that you were exempt under section
501(c)(3) of the Code. We further determined that you weren't a private foundation and
you were classified as a public charity described in section 509(a)(2) of the Code.
Based on the information you provided, we determined you meet the requirements for
classification as a public charity described in sections 509(a)(1) and 170(b)(1)(A)(vi) of
the Code.
Accordingly, we have updated your public charity status in our records as you requested.
Since your exempt status wasn't under consideration, you continue to be classified as an
organization exempt from federal income tax under section 501(c)(3) of the Code.
Grantors and contributors may generally rely on this determination of your foundation
status unless the Internal Revenue Service publishes notice that you are no longer
recognized as tax exempt or classified as a public charity in the Internal Revenue
Bulletin. However, if a grantor or contributor takes any action, or fails to take any action,
which causes you to lose your exempt status or causes you to be reclassified as a
private foundation, that party cannot rely on this determination. Furthermore, a
contributor or grantor who knows that the Internal Revenue Service has notified you of
any change in your exempt status or foundation status cannot rely on this determination.
For important information about your responsibilities as a tax-exempt organization, go to
www.irs.gov/charities. Enter "4221-PC" in the search bar to view Publication 4221-PC,
Compliance Guide for 501(c)(3) Public Charities, which describes your recordkeeping,
reporting, and disclosure requirements.
Because this letter could help resolve any questions about your exempt status and/or
foundation status, you should keep it with your permanent records.
Letter 4425 (Rev. 5-2011)
Catalog Number 52256W
Page 2
UNITED WAY OF ST JOSEPH COUNTY INC
35-1063368
If you have any questions, please contact the person whose name and telephone
number are shown in the heading of this letter.
Sincerely,
Jeffry I. Cooper
Director, Exempt Organizations
ulings and Agreements
Letter4425 (Rev. 5-2011)
Catalog Number 52256W
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 10/17/18
Purchasing [:]
Check the A
LJ Agreement
H
Contract
E Professional Services
E)
Amendment
F-1 Bid Opening
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Bid Award
F-1
Quote Opening
El Quote Award
El
Chg Order No.
El C/O & PCA No.
El Ease./Encroach.
F-1 Traffic Control
El Other:
Company or Vendor Name
Proposal LJ Addendum
F] Req. to Advertise ❑ Title Sheet
F1 PCA
❑ Resolution
❑ Claim
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New Vendor
LJ Yes H If Yes, Approved by Purchasing
F] No
El MBE ❑ Yes
MBEIWBE Contractor
Completed E-Verify Form Attached
F-1 WBE No
Project Name
Early Childhood Education Provider Capacity Grant Program
Project Number
18J011
Funding Source
COIT
Account No.
404-0401-415-31.06
Amount
$100,000.00
Terms of Contract
Fund capacity -building grant program for local early childcare
providers. Program to be administered through United Way of St.
Joseph County.
Purpose/Description
Increase number of designated "high -quality" pre-k providers in
South Bend
For Change r)rrJAr4z Ong
Amount of
E]
E]
increase $
Decrease $
Previous Amount $
Current Percent of Change: %
New Amount $
Total Percent of Change: %
Time Extension:
Dispersal After Approval
Copy
Original