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HomeMy WebLinkAboutProfessional Services Agreement - Antonius Northern - Engagement and Empowerment Goals1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOI ITH BEND. INDIANA 46601-1 930 w � 186 CITY OF • BEND PETE BUTTIGIEG, MAY BOARI'� PUBLIC November 27, 2018 Antonius Northern 234 Rue Flambeau South Bend, IN 46615 RE: Professional Services Agreement Dear Mr. Northern: PHONE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on November 27, 2018, approved the above referenced agreement regarding resident engagement, communication and programming related to engagement and empowerment team's goals in the amount not to exceed $5,000. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to our office and retain a copy 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 PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND ANTONIUS NORTHERN THIS AGREEMENT is made effective the 1 st 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 its Board Department of Administration and Finance ("City") and Antonius Northern, an individual ("Contractor"). RECITALS WHEREAS, Contractor has experience and expertise in program development, community organizing, and public transit administration that the City believes may benefit certain City initiatives; and WHEREAS, the City desires to retain the services of Contractor to develop an engagement strategy, program framework, and corresponding programs related to the City's participation in the Bloomberg 2018 Mayors Challenge, and Contractor is willing to assist the City in its efforts; and WHEREAS, the City has determined that it is in the best interests of the City to retain Contractor's services and Contractor desires to provide such services to the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the City and Contractor hereby agree as follows: Section 1. Duties of the Contractor. The Contractor shall provide the Services which are more particularly described at E' p it ".4 " attached hereto and incorporated herein. The Contractor shall execute its responsibilities by following and applying at all times the highest professional and technical guidelines and standards. Section 2. Consideration. The Contractor will be paid as set forth at ��1 ibit "" "". The total consideration under this Agreement shall not exceed the sum of Five Thousand Dollars ($5,000). Any payment that the City may deny or withhold or delay shall not be subject to penalty or interest under Indiana Code § 5-17-5. Section 3. Term (and Renewal Option, if Applicable This Agreement shall be effective for a period of 2 months commencing on November 1, 2018 ("Effective Date") and shall end no later than December 31, 2018 ("Expiration Date"). The rate of pay shall be five thousand ($5,000) dollars. The Parties may mutually agree in writing to extend the term of this Agreement for an additional period of time after the Expiration Date, subject to the same terms and conditions set forth in this Agreement, unless otherwise mutually agreed by the Parties in writing. Section 4. Assignment; Successors. The Contractor shall not assign or subcontract the whole or any part of this Agreement to any other person or entity without the prior written consent of the City. Section 5. Changes in Scope of Services. The Contractor understands and agrees that it shall not commence any additional work or change the scope of the Services provided unless authorized in writing by the City. No claim for additional compensation shall be made by Contractor in the absence of prior written approval of the Parties. Section 6. Governing Law; Jurisdiction; Compliance with Laws. This Agreement shall be construed and interpreted according to the laws of the State of Indiana without regard to conflicts of laws statutes. Any dispute arising under the terms of this Agreement shall be filed in any court of competent jurisdiction in St. Joseph County, Indiana. Contractor agrees to comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby are hereby incorporated herein by reference. Contractor shall comply with federal, state and local law in its hiring and employment practices and policies for any activity covered by this Agreement. Further, the City shall not be required to pay for Services that are inconsistent with or in violation of this Agreement nor for any Services performed in violation of federal, state or local statute, ordinance, rule or regulation Section 7. Relationship/Independent Contractor. Both parties, in the performance of this Agreement, shall act in an individual capacity and not as agents, employees, partners, joint venturers or associates of one another. The employee(s) or agent(s) of one party shall not be deemed or construed to be the employee(s) or agent(s) of the other party for any purpose whatsoever. Neither party will assume liability for any injury (including death) to any person(s), or damage to any property, arising out of the acts or omissions of the agents, employees or subcontractors of the other party. Contractor 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 Contractor in accordance with this Agreement under conditions imposed by federal, state or local laws applicable to such payment. The City shall provide IRS Form 1099, if applicable. Section 8. 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 9. Funding Cancellation and Payments. In accordance with I.C. 36-1-12.5- 5(d)(4), payments by the City are subject to annual appropriation by its fiscal body. When the City makes a written determination that funds are not appropriated or otherwise available to support continued performance of this Agreement, this Agreement shall be cancelled. A determination by the City that funds are not appropriated or otherwise available to support continuation of the performance shall be final and conclusive. Section 10. Termination. This Agreement may be terminated, in whole or in part, by the City whenever, for any reason, the City determines that such termination is in the best interest of the City. Termination shall be effected by delivery to the Contractor of written notice at least thirty (30) days prior to termination effective date, specifying the extent to which performance of services must cease. The Contractor shall be compensated for satisfactory performance prior to the notice date of termination but in no case shall total payment made to Contractor exceed the original consideration set forth in the Agreement. Section 11. Non -Collusion and Acceptance. The undersigned attests, subject to the penalties for perjury, that he/she is the Contractor, that he/she has not, directly or indirectly, to the best of the undersigned's 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 fact of this Agreement. Section 12. E-Verify. The Contractor affirms under the penalties of perjury that he/she/it does not knowingly employ an unauthorized alien. The Contractor shall enroll in and verify the work eligibility status of all his/her/its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The Contractor shall not knowingly employ or contract with an unauthorized alien. The Contractor shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. The Contractor is not required to participate in the E-Verify program should the E-Verify program cease to exist. Additionally, the Contractor is not required to participate if the Contractor is self-employed and does not employ any employees. The City may terminate 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. Section 13. Minority and Women's Enterprise Diversity Development. 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. Notwithstanding the foregoing, the award and performance of all City contracts shall comply with applicable federal, state, and local laws. Section 14. Non -Discrimination. The City of South Bend is committed to ensuring equality of opportunity and does not exclude, deny the benefit of, or otherwise subject any person to discrimination in any City program, service or activity on the basis of race, color, national origin, sex, age or disability. Contractor agrees to comply with and to act consistently with this policy in the performance of Contractor's duties. Section 15. Drug -Free Workplace. The Contractor hereby agrees to make a good faith effort to provide and maintain a drug -free workplace. The Contractor will give written notice to the City within ten (10) days after receiving actual notice that the Contractor has been convicted of a criminal drug violation occurring in the workplace. IN WITNESS WHEREOF, the Parties hereto, through their duly authorized representatives, have caused this Agreement to be executed as of the day and year first written above. The parties have read and understand the foregoing terms of this Agreement and do, by their respective signatures hereby agree to its terms. (Remainder of page intentionally left blank) ANTONIUS NORTHERN . ............. Signature Printed Namee CITY OF SOUTH BEND, INDIANA BOARD OF PUB1.11, Gary Gilot, President James Mueller, Member I LI Elizabeth Maradik, Member Therese Doraut Member �,—uizanna . Fiitzbergg, Mei bei ATTEST: ffida Martin, Cl rk EXHIBIT A Scope of Services 1. Continue to assist with the planning and implementation of the City's 2018 Bloomberg Mayors Challenge project and other Engagement & Economic Empowerment team projects, including but not limited to attending team meetings and providing input to group discussions. 2. Develop partnerships to improve the communication capacity of the City and the engagement of residents living in the City by, among other efforts, coordinating workshops, offering technical assistance and facilitating Engagement & Empowerment team projects with community stakeholders. Consideration Consultant shall work a minimum of 80 hours per month and a maximum of 120 hours per month, reported weekly with sufficient detail of the services provided to the City, no later than the end of business on Friday of each week during the Term. Services are to be provided during the times and on days determined by mutual agreement between the parties. In consideration of the satisfactory services provided by Consultant, as determined in the sole discretion of the City, consultant will be compensated in the amount of five thousand dollars ($5,000) for the services rendered. The total contract amount shall not exceed five thousand dollars ($5,000). BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date November 21, 2018 Name Al........�.�.....�.�.�.............. _...fie �w......w�w�w�—.... key'a Aldred Department DCI BPW Date Phone Extension 5896 ��A�B�WMWMnmImI WVIWh'/A(tlil ;�ryMllY�iM11YAHXYAI Nll ap� WM1'pllAMllhf °` ryY%I�NmImImIIIIIIIIIIIIIIIIIIIIIIIIIG/ilof�P IMw WWUVIVIWWWVIVI VIV AUAImININI ApIIIIIIIIIIIIIIIIIIIWILWIW�W�IXM1WiM:ftll�l Re uired Prior to Submittal to Board Legal ® Attorney Name Sandra Kennedy Controller ® Controller review is required for all Contracts $5,000.00 or more anc greater than one year in length per the City Purchasing Policy Purchasing 1-1 Check the Agreement Professional Services Bid Opening [❑ Quote Opening ❑ Change Order No. _ Ease/Encroach. Other: Company or Vendor Name iro riate Item Ty Contract El Resolution El Bid Award El Quote Award [] C/O & PCA No. _ El Traffic Control ......................... for All Submissions ProposalAddendum ❑ Req. to Advertise ❑ Title Sheet ired Information Antonius Northerm ❑ PCA Resident engagement, communication and programming related to the Engagement & Empowerment team's goals. ® Required Contractor's Certification Form Attached (Non - Collusion„ Non -Discrimination Non -Debarment, E Verity, Iran, etc. Amount of Increase Decrease Previous Amount Current Percent of Change: % New Amount $