HomeMy WebLinkAboutProfessional Services Agreement - Romona Bethany - Group Violence Intervention Program1316 COUNTY -CITY BUILDING �„ r �° PHONE 574/ 235-9251
227 W. JEFFERSON BOULEVARD 4� `� FAX 574/ 235-9171
SOUTH BFND. INDIANA 46601-1930 �',� �� ✓�
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARDU LIC WORKS
September 24, 2019
Romona Bethany
1007 Allen St.
South Bend, IN 46616
RE: Professional Services Agreement
Dear Ms. Bethany:
The Board of Public Works, at its meeting held on September 24, 2019, approved the above
referenced agreement regarding project management support for Group Violence
Intervention Program in the amount of $11,000.
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 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 ROMONA BETHANY
THIS AGREEMENT is made the 24th day of September, 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 Department of Administration and Finance
("City") and Romona Bethany, an Indiana resident ("Contractor").
RECITALS
WHEREAS, Contractor has experience and expertise in social service program and project
management that may prove beneficial to the City; and
WHEREAS, the City desires to retain the services of Contractor to develop a development
framework and data models and Contractor is willing to assist the City in its efforts; and
WHEREAS, the City has determined that due to Contractor's experience and expertise, it
is in the best interests of the City to retain Contractor's services 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 in Exhibit A attached hereto and incorporated herein. The
Contractor shall execute his 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 Exhibit A. The
total consideration under this Agreement shall not exceed the sum of Twenty Thousand dollars
($20,000). 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 commencing on October 1, 2019 ("Effective Date") and shall end on the date when the
Contractor has spent five hundred (500) hours in rendering the Services to the City (the "Expiration
Date"), expected to be no later than December 31, 2019.
The Parties may mutually agree in writing to extend the term of this Agreement for an additional
block of hours after the initial block of hours have been consumed or 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 without the prior written consent of the City.
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. Governing Law; Compliance with Laws. This Agreement shall be
construed and interpreted according to the laws of the State of Indiana. The 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 his 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
ventures 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. The Contractor shall be solely responsible for providing all
necessary unemployment and workers' compensation insurance for the Contractor's employees, if
any.
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; Amendment. 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, signed by authorized
representatives of both the Provider and the City.
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
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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 affected by delivery to the Contractor of a Termination Notice at
least thirty (30) days prior to termination effective date, specifying the extent to which performance
of services under which such termination becomes effective. The Contractor shall be compensated
for performance prior to the notice date of termination but in no case shall total payment made to
Contractor exceed the original Agreement price due on Agreement. No price increase shall be
allowed on individual line items if canceled only in part.
Section 11. Non -Collusion and Acceptance. The undersigned attests, subject to the
penalties for perjury, that he is the Contractor, that he has not, nor has any other member,
employee, representative, agent or officer of the Contractor, 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 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. The Contractor agrees, as a condition precedent to the effectiveness of this
Agreement, that he will execute and submit to the City and any other appropriate bodies an
affidavit in the form attached hereto as Exhibit B.
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 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 Contractor shall require his subcontractors, who perform work under this contract, to certify
to the Contractor that the subcontractor does not knowingly employ or contract with an
unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify
program. The Contractor agrees to maintain this certification throughout the duration of the term
of a contract with a subcontractor.
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 ventures 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,
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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. 11. Equal Opportunity; Non -Discrimination; Compliance. The
Contractor shall comply with all applicable laws and regulations in his hiring and employment
practices and policies for any activity covered by this Agreement. The Contractor shall comply
with all state, federal, 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). Each of the
foregoing provisions is incorporated herein as if set forth in full, and the Contractor certifies that
he is in compliance with each such provision and shall remain in compliance through the term of
this Agreement.
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 or an employee of
the Contractor within the State of Indiana has been convicted of a criminal drug violation occurring
in the workplace.
Section 16. Indemnification of City. The Contractor 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 Contractor 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
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Contractor under this section shall survive the termination of this Agreement.
Section 17. Work Product; Ownership. Any and all work product submitted by the
Contractor to the City as part of the Contractor'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
Contractor's work product as the City determines in its sole discretion without compensation to
the Contractor except the compensation expressly provided for in this Agreement.
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.
ROMONA BETHANY, an individual
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Elizabeth Maradik, Member
111bl resc Dora ember
Suzanna Fritzberg, Member
ATTEST:
Inda Martin, C ei'
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EXHIBIT A
Scope of Services
1. Provide basic project management support to the SBGVI initiative, particularly support
of the South Bend Police Department
2. Manage and maintain key stakeholder relationships across the community, including with
law enforcement leaders and leaders outside the City of South Bend
3. Maintain a positive and mutually beneficial relationship with our technical assistance
partners at the National Network for Safe Communities
Consideration
In consideration of the technical services being offered, Romona Bethany will be contracted for
500 hours at a rate of $22 per hour. The total contract amount shall not exceed eleven thousand
dollars ($11,000)
EXHIBIT B
Contractor's Affidavit
[See attached.]
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date
Name
9/17/19
Denise Riedl
Department Innovation & Tech
BPW Date 9/24/19 Phone Extension 6004
��WHWM�
E ....... . ......... . ......... Required Prior to Submittal to Board
Legal Attorney Name Kennedy
Controller review is required for all Contracts $5,000.00 or more
Controller and greater than one year in length per the City Purchasing
Policy
Purchasing Z
Check the P
Z Agreement
El Professional Services
El Bid Opening
E:1 Quote Opening
[:]'Chg Order No.
F Ease./Encroach.
F] Other:
yppriate Item Type -
F1 Contract
F-1 Amendment
El Bid Award
F-1 Quote Award
El C/O & PCA No.
F1 Traffic Control
for All Submissions
Proposal
El Req. to Advertise
Ej PCA
E] Resolution
F-1 Claim
Addendum
El Title Sheet
BpcL
. . . . . ... ...... .. . ........................ — Required Information ..........
Company or Vendor Name Romona
New Vendor �Yes- --0 If Yes, Approved by Purchasing
E] No
MBENVBE Contractor WBE
ElCompleted E-Verify Form Attached No
Project Name ,Project Management Support for GVI
Project Number
. . . . . . ................ . .
Funding Source IT Professional Services
Account No. 279-0672-415.31-06
Amount 11 '0 00
Terms of Contract October 1, 2019 - December 31. 2019
Current Percent of Change:
New Amount
Total Percent of Change:
Time Extension:
Dispersal After Approval
Copy
Original
z
E] Denise Riedl
z
0 Brian Donoghue
z
E] Shawn Delahani