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HomeMy WebLinkAboutProfessional Services Agreement - Neil Mihalich - Manager for Federal Lead Grant Implementation1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SO[ JTH BEND_ INDIANA 46601-1 830 I PEACE 186 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS May 14, 2019 Neil Mihalich mnihalic@southbendin.gov RE: Professional Services Agreement Dear Mr. Mihalich: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on May 14, 2019, approved the above referenced agreement as a program manager for the Federal Lead Grant Implementation in the amount of $71,000. 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, C1er Enclosure GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND NEIL MIHALICH THIS AGREEMENT is made effective the 1 st day of May 2019 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 on behalf of its Department of Community Investment (collectively, the "City") and Neil Mihalich, an individual (the "Contractor"). RECITALS WHEREAS, Contractor has experience and expertise in grants administration, program management, and community outreach that the City believes may benefit certain City initiatives; and WHEREAS, the City desires to retain the services of Contractor to administer its Office of Lead Hazard Control and Healthy Homes Grant (the "Grant"), which was awarded to the City in furtherance of its program to address lead in homes within the City and educate the community regarding the hazards of lead paint and childhood lead poisoning, 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 Exhibit ".4 ' attached hereto and incorporated herein. The Contractor shall execute his responsibilities using the highest professional standards. Section 2. Consideration. The Contractor will be paid approximately Five Thousand Eight Hundred Thirty - Three Dollars and 09/100 ($5,833.09) per month. The total consideration under this Agreement shall not exceed an hourly rate of $44.87 and the sum of Seventy Thousand Dollars ($71,000) per annum. 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. This Agreement shall commence for an initial term on May 1, 2019 ("Effective Date") and shall end no later than March 31, 2020 ("Expiration Date"). Unless otherwise terminated by either party upon sixty (60) days' prior written notice, this Agreement shall automatically renew annually at the same consideration for the duration of the Grant as follows: Renewal Term One: May 1, 2020 through April 31, 2021 Renewal Term Two: . May 1, 2021 through April 31, 2022 Renewal Term Three: May 1, 2022 through September 30, 2022 Section 4. Funding Cancellation and Payments. This Agreement is subject to funding from the Grant. Additionally, 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 5. Changes in Scope of Services. The Contractor understands and agrees that he 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. 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 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. Confidentiality. Contractor acknowledges he will be working with information that is confidential in nature (the "Information") during his performance of Services. Contractor agrees that he will not, at any time or in any manner, either directly or indirectly, divulge, disclose or communicate in any manner any Information to any third party without the written consent the City and/or the program participant, as the case may be. Contractor shall be responsible for maintaining the confidentially of any Information that comes into his possession during his provision of Services to the City, including taking appropriate measures to secure said Information against inadvertent disclosure or dissemination and to inform any person to which he allows to access such Information of its confidentiality. Notwithstanding anything to the contrary contained in this Agreement, the Parties will adhere to their respective obligations under the Indiana Access to Public Records Act, and nothing herein will be construed to relieve either Party of such obligations. The confidentiality provisions of this Agreement remain in full force and effect after, and survive the termination of, the Term of this Agreement. Section 9. 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 10. 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. Section 11. Non -Collusion and Acceptance. The undersigned attests, subject to the penalties for perjury, that he is the Contractor, that he has not, directly or indirectly, to the best of his knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he 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 does not knowingly employ an unauthorized alien. The Contractor shall enroll in and verify the work eligibility status of all his 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 this Agreement 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 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 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. No Waiver. No failure or delay on the part of either Party in exercising any right under this Agreement will operate as a waiver of, or impair, any such right. No single or partial exercise of any such right will preclude any other or further exercise thereof or the exercise of any other right. No waiver of any such right will have effect unless given in a written document signed by the Party waiving such right. No waiver of any right will be deemed a waiver of any other right hereunder. Section 16. 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 17. 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. 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. NEIL MIHALICH CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary Gilot, President Therese DoraLl, Member Elizabeth Maradik, Member Genevieve Mi , Member a �� u..... O'Sllivan, Member atlr ATTEST: I211da Martin, Clerk EXHIBIT A SCOPE OF WORK OFFICE OF LEAD HAZARD CONTROL AND HEALTHY HOMES PROGRAM PROGRAM MANAGER SCOPE OF SERVICES The Lead Hazard Control and Healthy Homes Program Manager will coordinate activities funded through the office of Lead Hazard Control and Healthy Homes (OLHCHH) City of South Bend grant program. This is a limited service funded position for 12 months with an annual renewal option over a forty-two (41) month period. Report to the Director of Neighborhood Development in the Department of Community Investment, City of South Bend, Indiana. Assist Department of Community Investment staff with the general administration of the grant as requested. Manage the implementation of the City of South Bend Lead Based Paint Hazard Reduction Program to ensure compliance with the federal regulations and agreement. Manage sub -contracts and coordinate implementation with external partners and personnel funded through the Lead Based Paint Hazard Reduction Program. Maintain a collaborative and cooperative working relationship with City departments, program partners, and other agencies, as well as the general public. Manage, with program partners, community outreach and education events to grow awareness of the program. Provide information and knowledge to the community about the dangers of lead -based paint and childhood lead poisoning. Receive applications for assistance, conduct income qualification and ensure eligibility of applicants. Ensure compliance with eligibility determination, risk assessment, inspection, remediation, worker certification and clearance requirements. Coordinate project with property owner and contractor. Coordinates temporary relocation of property occupants as necessary during lead hazard control work. Review, document and maintain files for the sub -contractor (s) reimbursement of claims. Ensure the development and scheduling of lead contractor/worker training as necessary. Assure documentation of supervisor and worker lead certifications. Maintain files and prepares accurate correspondence and reports in a timely manner. Complete reporting in Healthy Homes Management (HHGM) system. Maintain records, documents and logs of projects including lab tests, lead based paint clearances and child blood level testing. Maintain database of lead safe and healthy homes created through the City's program. Monitor activities/expenditures and other benchmarks to meet the goal of addressing 100 homes as set by the grant and Director of Neighborhood Development. Arrange for and atend trainings as required by the grant. Time Recording and Payment Contractor's specific working hours shall be no less than 30 hours per week as agreed between Contractor and the Director of Neighborhood Development and reported bi-weekly with sufficient detail of the Services provided to the City, no later than the end of business on the second Friday of each bi-week during the term. In consideration of the satisfactory services provided by Contractor, as determined in the sole discretion of the City, Contractor will be compensated as set forth in Section 2 of the Agreement. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 4/23/2019 Department Community Name Pam Meyer Investment BPW Date Ma 14 2019 Phone Extension 5845 MENU _ ................... _ .. __.............. RUired Prior to Submittal to Board BPW Attorney Attorney Name Dept. Attorney ® Attorney Name Purchasing �] mCheck the A propri to Item l mm� p. � m ., W Professional Services Agreement ❑ Contract Sandra Kenned i �qcl a w All Submissions Open Market Contract Amendment/Addendum ❑ Bid Opening Bid Award Quote Opening Quote Award Proposal Opening ❑', C/O & PCA No. Chg. Order, No. ❑ Traffic Control Other: lerel Information Proposal El Special Purchase, QPA [� Req. to Advertise Reject Bids/Quotes ❑ PCA E] Resolution Ease./Encroach ❑ Title Sheei Company or Vendor Name Neil Mihalich Yes . __r.�......,,� ..... ...� ...__ New Vendor ❑ If YesApproved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached ❑ N s Project Name Program Manager for Federal lead ant Project Number _ FundingSource Federal Grant and, match with EDIT , Account No. Grant 212-1036-33.005-01 and EDIT 408.1001.460.39.30 .. ............. - - - � ....�.�.�.�.�.�.�.��... Amount $71,000 Annual Y Terms of Contract May 1 2019-April 30 20 Annual agreement to manage grant; is renewable e if mutually agreed to Purpose/Description To fund program manager position to manage the federal lead grant implementation. For Changem„Orders OnIy ........_ v Amount of F-1 increase $ Decrease ($ Previous Amount Current Percent of Change: New Amount R Increase % Decrease m_(_..................._% Increase % Total Percent of Change: Decrease °% Time Extension Amount: BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM New Completion Date: