HomeMy WebLinkAboutAgreement for Services - South Bend Housing Authority - Operations Manager for Federal Lead GrantAGREEMENT FOR SERVICES
This Agreement for Services (this "Agreement") is made effective as of May 1, 2019 (the
"Effective Date"), by and between the City of South Bend, Indiana, acting by and through its Board
of Public Works on behalf of its Department of Community Investment (the "City"), and the South
Bend Housing Authority (the "Provider") (each a "Party" and collectively the "Parties").
RECITALS
A. The City applied for and received a grant under the Lead -Based Paint Hazard
Reduction Program FR-6200-N-12 (the "Program").
B. As a part of its application to the Program, the City and the Provider entered into
a Letter of Understanding, dated July 27, 2018, in which the Parties committed to certain
activities to further the City's administration of the Program (the "Letter").
C. The Parties now desire to formally memorialize the commitments set forth in the
Letter..
For and in consideration of the mutual covenants and promises contained herein, the Parties
agree as follows:
1. Services. The Provider will provide to the City the services (the "Services") set
forth in the attached � shrbit. .A (the "Scope of Work"), In the event of any conflict between the
terms of this Agreement and the terms of the Scope of Work, the terms of this Agreement will
prevail. The Provider will execute its obligations under this Agreement in accordance with the
prevailing professional standard of care for projects of similar design and complexity.
2. C,ollipeiisat oo—. In exchange for the Provider's performance of the Services, and
subject to the terms and conditions of this Agreement, the City will pay the Provider a total sum
under this Agreement not to exceed Sixty -Five Thousand Dollars ($65,000.00) (the "Contract
Amount"). The City will pay the Contract Amount as set forth in the Scope of Work (each a
"Contract Installment"). The City will not be required to pay a Contract Installment if the City is
not reasonably 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 the Contract Installments will not exceed the Contract Amount, and the Provider will
not incur or seek reimbursement for any expenses in excess of the Contract Amount.
3. "J.'erm � crniinati il, Unless earlier terminated in accordance with its terms, this
Agreement will commence on the Effective Date and end on May 31, 2020. The Parties may
renew this Agreement at the same annualized Contract Amount for the duration of the Program,
provided that the City is satisfied with the Provider's performance. Notwithstanding the foregoing,
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. In addition, in accordance with applicable laws,
payments are subject to annual appropriation. 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.
4. Remedies for Breach of Contract. The Provider's failure to complete the Services
in accordance with this Agreement will be considered a material breach. In the event of any breach
of this Agreement by the Provider, the City may suspend all payments to the Provider and may
pursue any and all remedies available at law or in equity.
5. Rel t onshit). The Provider shall at all times be an independent contractor for the
performance of the Services rather than an employee of or joint venturer with the City, and no act
or omission to act by the Provider shall in any way bind or obligate the City. No employee of the
Provider will be considered or deemed to be an employee of 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.
6. 1pde-t'mitftca�,ol' of City,. The Provider hereby agrees to indemnify, defend, and
hold harmless the City and 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, except for claims arising out of the negligence or
intentional acts or omissions of the City or its officials, directors, employees, or agents. The
obligations of the Provider under this section shall survive the termination of this Agreement.
7. Work ,Prod ct, 0 lacsfiio. The Provider will submit its 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 shall be free from claims
of infringement and will become the exclusive property of the City. 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. The City agrees, to the fullest extent permitted by law, to indemnify, defend,
and hold harmless the Provider against any damages, liabilities, or costs, including reasonable
attorneys' fees, arising from or allegedly arising from or in any way related to or connected with
the reuse or modification of the deliverables by the City. The City will credit the Provider each
time the deliverables are used.
8. As],&n;ment. The Provider shall not assignor subcontract the whole or any part of
this Agreement or its obligations hereunder without the prior written consent of the City.
9. Notices. Any notice required or permitted to be delivered hereunder shall be
deemed to be delivered 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:
South Bend Housing Authority City of South Bend
501 Alonzo Watson Dr. Department of Community Investment
South Bend, IN 46601 227 W. Jefferson Boulevard, Suite 1400 S.
Attn: Tonya Robinson, South Bend, fN 46601
Executive Director Attn: Pamela C. Meyer,
Director of Neighborhood Development
10. I sgita!K)pporttmit � Na n l crtat�..�fi �tt� or_ ,; t" �.l n���ao . The Provider shall comply
with all applicable laws and regulations in its hiring and employment practices and policies for
any activity covered by this Agreement. The Provider shall comply with all federal, state, and
municipal laws, regulations, and standards applicable to its 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). Additionally, the Provider shall
comply with any grant conditions communicated to it in writing by the City, from time to time.
Each of the foregoing provisions is incorporated herein as if set forth in full, and the Provider
certifies that it is in compliance with each such provision and shall remain in compliance through
the term of this Agreement.
11. Contractor's Affidavit. The Provider agrees, as a condition precedent to the
effectiveness of this Agreement, that its authorized representative will execute and submit to the
City and any other appropriate bodies an affidavit in the form attached hereto as Exhibit B.
12. Drug -Free Workplapo. 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.
13. No Wait' r. 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.
14. Severability. In the event any portion of this Agreement shall be held illegal, void,
or ineffective, the remaining portions hereof shall remain in full force and effect. If any of the
terms or conditions of this Agreement are in conflict with any applicable statute or rule of law,
then such terms and conditions shall be deemed inoperative to the extent that they may conflict
therewith and shall be deemed to be modified to conform to such law.
15. l ntsre A eeinent ,�anien nie 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 understandings of any and every nature
between them. This Agreement may be amended only by separate writing, signed 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.
Signature Page Follows
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement for Services to
be effective as of the Effective Date stated above.
CITY:
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
�'iary A. Gilot, President
. ...
.....----------- -- -_
Therese Dorau, Member
. . ............
Elizabeth Marad i:k, Member
Linda M. Marthi, C rk
PROVIDER:
SOUTH BEND HOUSING AUTHORITY
By' Ll3
Printed:
nya D. Robinson
Title: Executive Director
Dated,.....-qi-q— 1.
Genevieve Miller, Member
Laura O'Sullivan, Member
Dated:
EXHIBIT A
Scope of Work
• Provide a staff position to serve as the Operations Manager ("OP") who reports to the
City Grant Project Director (Pam Meyer) and works daily with the Program Manager
(Neil Mihalich)
• Maintain regular communication with the Project Director and Program Manager ("PM")
• Maintain required certifications as necessary
• Works under daily supervision of PM to-
o Manage daily operations to determine lead hazard control work required to
maintain compliance with standards for Office of Lead Hazard Control and
healthy Homes ("OLHCHH") grant
o Ensure compliance with eligibility determination, risk assessments, inspections,
lead hazard control work, worker certification and clearance requirements
o Coordinate and monitor the quality of lead inspections and risk assessments with
the St. Joseph County Health Department
o Develop scope of work specifications for unit work per approved City procedures
o Conduct bid processes for work to be performed
o Maintain required worker and supervisor certifications for all workers/contractors
doing lead related work
o Ensure execution of agreements with contractors as authorized per City processes
o Monitor all contractor work for timeliness and compliance
o Conduct final inspections of all contractor work
o Conduct follow-up, if necessary, with recipient to ensure identified deficiencies
were rectified
o Ensure affordability agreements with property owners are executed as appropriate
o Maintain individual case files for any unit receiving work under the grant per City
instructions
• Assist PM with the development of target properties or units
• Assist PM as requested with outreach, promotion and public education
• Assist PM with recruitment, training, and certifications including Section 3 workers
® Assist PM with the creation and/or maintenance of a database of Lead Safe and Healthy
Homes
• Assists PM with timed progress reports as required with regard to process status, claims
processing and budgeting
• Assist PM with reporting in Healthy Homes Grant Management System ("HGGMS")
Payment: The City will reimburse the Provider for work performed and/or costs incurred, up to
and including the Contract Amount. For a reimbursement requests to be considered, the
following supporting documentation must be included with claims submitted to the City:
0 Copy of vendor invoice. Each invoice should note:
o Date that expense was incurred
o Amount of expense
o Vendor name and address
o Purpose of expense, i.e. "furnace installation at 123 Main Street"
o Provider approval for payment
• Front and back of Provider's cancelled check; OR
front of the Provider's check along with an account register that documents that the invoice was
paid; OR other mutually agreed upon documentation proving that payment was made prior to
requesting reimbursement;
• If requesting payroll reimbursement, copies of time sheets that indicate number of hours
worked on eligible activities. Timesheets should include employee and supervisor
signatures.
City staff will review each request for reimbursement against supporting documentation and the
Scope of Work. No payment shall be made except for services within the Scope of Work,
therefore it is extremely important that Provider verifies the eligibility of an expense prior to
expending funds. Claims for reimbursement that are submitted with insufficient documentation
and/or that are incorrect will not be paid until the deficiencies and/or errors have been corrected.
It is important that Provider submits claims for reimbursement regularly; preferably on a
monthly basis, but no less than quarterly. The City will make payment to the Provider as soon as
practicable, but not more than thirty (30) days after an invoice is received, assuming all
supporting documentation is attached and correct.
PLEASE N'0 '1= : In certain circumstances, the Provider may be provided with advance
payments for expenses incurred but not yet paid. In such instances, the Provider must provide
acceptable documentation (as previously noted) to City staff that proves payment was made to
the vendor no more than three (3) days after receipt of funds from the City. Any arrangement to
receive advance payments must be agreed upon between the City and the Provider pyior to
submission of a claim to request funds.
EXHIBIT B
Contractor's Affidavit
[See attached.]
When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit.
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 OF14 � )
SS.
el * 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
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.
Non -Collusion Non -Debarment Affidavit Non Iran Form 2016
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.
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
Non -Collusion Non -Debarment Affidavit Non Iran Form 2016
orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material
breach of contract.
I, 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). 1
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 day o04t , 20 9
fly
Contractor/Bidder (Firm)
1� 41
Sign' t re of Contractor/Bidder or Its Agent
Pri tedName and Title
Subscribed and sworn to before me this &h day of 42M 20�
My Commission Expires* 'l Y , �,
No nary Public
L
RINE M. STOKESCounty of Residence a AIary Public - Sealtate Of Indianaion Expires Aug 20, 2021
{Von Collusion Non-DebarmeritAfflrlavit Non Iran Form 2016
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 6/25/2019 mmmmmm
Name Pam Meyer Dep
artment ment I
BPW Date 7/9/2019 Phone Extension 5845
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Rct�ed Prior to Submittal to Board
�... .�............... .—._..a
BPW Attorney ® Attorney Name Clara McDaniels
Dept. Attorney ®
Attorney Name
Sandi Kenned
Purchasing ®
Michael Schmidtt
......._....... Check the q�RiLopriatc Item Tie_
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Professional Services Agreement EJ Contract
❑ Proposal
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Open Market Contract
Amendment/Addendum
Special Purchase, QPA
Bid Opening
F-1
Bid Award
® Req. to Advertise ❑ Title Sheet
Quote Opening
[]
Quote Award
❑ Reject Bids/Quotes
[]
Proposal Opening
❑, C/O & PCA No.
PCA
F
, Chg. Order, No.
❑ Traffic Control
❑
Resolution
Other:
Ease./Encroach
Required Information
Company or Vendor Name South Bend Housing Authority IT ........ ..... .
Yes R If Yes, Approved by Purchasing
New Vendor Z No
MBE/WBE Contractor MBE Completed E-Verify Form Attached ® Yes
❑ WBE ❑ No
Project Name perations Manager for Federal l Lead Grant
ProjectNumber .........._......_....�.......__.............. m.wW� ..�.��_��............._
.................
Funding Source
Account No. 2.�1.2_..1036-331005.01....._�—.
Amount$65,00.0.................................................._. wwww �....__
Terms of Contract May 1, 2019 — May 31, 2020
Purpose/Description Support for an Operations Manager who will assist in the day-to-day
implementation of the federal lead grant.
For Chan a Orders Only
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