HomeMy WebLinkAboutProfessional Services Agreement - Angeles Gonzalez - Coordinator for Pathways Workforce ProgramBUILDING
227 W. JEFFERSON BOULEVARD
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARDLIC WORKS
December 20, 2018
Angeles Gonzalez
4211-3B Irish Hills Drive
South Bend, IN 46614
RE: Professional Services Agreement
Dear Ms. Gonzalez:
PHONE 574/235-9251
FAx 574/235-9171
The Board of Public Works, at its meeting held on December 20, 2018, approved the above
referenced agreement for a consultant/coordinator for the Pathways Workforce Program in
the amount of $65,000.
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. FRrrZBERG ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU
AGREEMENT FOR WORKFORCE PROGRAM MANAGEMENT SERVICES
THIS AGREEMENT FOR WORKFORCE PROGRAM MANAGEMENT
SERVICES (this "Agreement") is made on January 1, 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 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. Contract Amount and Term. 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, 2019 (the "Services Term"). In
accordance with the terms and conditions of this Agreement, the City will expend an
amount not to exceed Sixty -Five Thousand Dollars ($65,000.00) (the "Contract Amount")
for the Provider's performance of the Services during the Services Term.
2 Byd el ° hx ens y. 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. ��"c��aa�cltiora car ��6iic .�. 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. i" r")Ln liq!l e� m.W a� e lnent. 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; Owner ship. 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 or 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 etseq. (commonly known as Indiana's
Access to Public Records Act), if applicable, with respect to all documentation related to
the Contract Amount.
8. Audit i"?"egtdretnents. The Provider agrees to make all information available
to the Indiana State Board of Accounts, the City's Internal Auditor (as defined below), and
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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 ot 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. Relatiotish . 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. Iraq" nmi cati n. 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.
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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. 1;" ztcal 01 ( Ltunit . 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 Ark e)Ldrragr��laplicable Lay. 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. A ss� ntne at. 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. J'cl�a�atJ _w�rr to nil y, Naas-l: iscra"rrdn ateorn; (op1,p is anee. 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 activities
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.
18. Ida"aa f oc Wor4 aicace. 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
E
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
ANGELES GONZALEZ,
an Indiana resident
Date: . . . . ............ 2018
Date: 2018
g M in r,atoz
barA. Giroi, President
4'
Therese Dorau, Member
Suzanna Fritzberg, Member
F Eli abeth Maradik, Member 41, a
914Q-4-, Meniber
ATTEST
'2
121.1
J rida M. Martin
1500.0000024 57602664.003
5
EXHIBIT 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 2019:
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 DCI 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.
0 Invoices will have a 30-day turn -around time, consistent with City policy
EXHIBIT B
Contractor's Affidavit
[See attached.]
EXHIBIT 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 2019:
• 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 DCI 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.]
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date
Name
12/18/18
Dan Buckenmever
Department DCI
BPW Date 12/20/18 Phone Extension X5823
............ ......
..... ........ .. ................ . . . . Reguired Prior to Submittal to Board
Legal Z Attorney Name Sandra Kennedy
Controller F-1 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 F-1
Check the
LJ Agreement
Z Professional Services
E] Bid Opening
R Quote Opening
F-1 Change Order No.
El: Ease/Encroach,
E] Other,:
iropriate Item Type —
El Contract
F-1 Resolution
D Bid Award
El Quote Award
F-1 C/O & PCA No,
M Traffic Control
for All Submissions
i Proposal " Addendum
El Req. to Advertise El Title Sheet
ired Information
Company or Vendor Name Angeles Gonzalez.
El PCA
New Vendor E] Yes Z No E:] If Yes, Approved by Purchasing
MBEIWBE Contractor Ej MBE [:] WBE
MBE/WBE Contractor Requested E:1 No F-1 Yes Name of Company
Project Name Professional Services — Pathways Workforce Development
Project Number