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HomeMy WebLinkAboutPSA - Workforce Training to Participants in the Workforce Pathways Program - Ivy Tech Community College: 1316 COUNTY-Crry BUILDING i PHONE 574/ 235-9251 227 W. JEFFERSON BOULEVARD" "I " Fax 574/ 235-9171 /. SOUTH BEND. INDIANA 46601-1930 gw sr � 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS November 12, 2019 Mr. David Balkin Ivy Tech Community College Workforce Alignment 220 Dean Johnson Blvd. South Bend, IN 46601 RE: Professional Services Agreement Dear Mr. Balkin: The Board of Public Works, at its meeting held on November 12, 2019, approved the above referenced agreement for workforce training in the amount not to exceed $50,000. 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 GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU October 4, 2019 City of South Bend Ivy Tech Workforce Alignment Daniel Buckenmeyer Lisa Wenzel Director of Economic Resources and Business Development Department of Community Investment Director of Special Projects 227 W. Jefferson Blvd, Suite 1400 S 220 Dean Johnson Blvd South Bend, IN 46601 South Bend, IN 46601 STATEMENT OF WORK Please check one: ❑ Consulting ® Instruction ❑ Certification ❑ Other Project Specifications: City of South Bend support of pathways students participating in CDL Open Enrollment training. Each course is 4 weeks in length, 160 hours. These courses prepare students to participate in Indiana licensure testing. The cost of background checks, DOL physicals and testing is included. The course does not guarantee a student will pass the licensure testing. This course provides a fundamental working knowledge of the varied aspects of the trucking industry and prepares students for an entry level position as a tractor and trailer driver with a trucking company. Students will become familiar with the "Rules and Regulations" governing the industry as well experiencing hands on driving techniques designed to prepare them to successfully pass both the written and practical portions of the State's CDL A driver's license test. The retail cost for the program is $4,250. A partner rate will be used with the City of South Bend when an additional partner is participating in the program with a cost of $3,950. The City of South Bend will fund up to $2,500 per student. Please note that if a student is financing the balance due financial costs may be incurred from the third party organization. Ddlie'l Bu en eyes Date Lisa Wenzel Date Department of Community Investment Director Special Projects Director of Economic Resources and Business Development 574.904.0702 574.289.7001 x5858 Chris Lowery Date Senior Vice President, Workforce Alignment 812-374-5114 FOR COMPANY REPRESENTATIVE TO COMPLETE: Federal funds have been received for use in payment of this training activity: _yes _no (Ivy Tech is required to track hours associated with the support of federally funded activities by regulation) ACCEPTANCE, TERMS AND CONDITIONS A. Project Duration and Pricing Ivy Tech Community College, through its Workforce Alignment Division (WA), agrees to undertake and exert its best efforts to accomplish this project within the dates agreed and within price outlined in the proposal. Please note that if Ivy Tech Community College (ITCC) closes due to inclement weather, all training scheduled on ITCC campus will be cancelled and rescheduled. However, all training scheduled on -site at City of South Bend will remain scheduled unless contacted by ITCC staff to cancel and reschedule. WA will limit its project expenditures to the agreed amount, unless a revised price has been mutually established and made part of this agreement. B. Charges and Payments City of South Bend agrees to pay the charges of the project, subject to the price specified in proposal. WA will submit an invoice on the first day of class for the charges incurred during the project, and City of South Bend agrees to pay the invoices within 30 days after their receipt. WA reserves the rights to discontinue the project if City of South Bend fails to pay any of the invoices within the time specified. C. Advertising or Publicity City of South Bend understands that WA does not undertake research and development to endorse products or services and agrees not to use WA's name for advertising, sales promotion, or publicity purposes without the written approval of the WA Senior Vice President. Also, if City of South Bend intends to distribute any WA project report outside its own organization, the report shall be used in its entirety unless a summary or abridgment has been first approved in writing by WA. WA agrees not to publish or make known to others the results obtained from the project, as embodied in reports and other correspondence transmitted to City of South Bend except as required during the normal conduct of the project. D. Conflicting Projects WA will not knowingly use or divulge proprietary information, provided by City of South Bend or developed by WA on behalf of City of South Bend during this project, in the conduct of future project work for others. E. Termination City of South Bend may terminate this agreement at any time by giving WA ten (10) business days (Monday through Friday workweek) written notice, during which interval AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (this "Agreement") is made effective as of January 1, 2019 (the "Effective Date"), by and between the City of South Bend, Indiana, an Indiana municipal corporation, acting by and through its Board of Public Works (the "City"), and Ivy Tech Community College (the "Provider") (each a "Party" and collectively the "Parties"). 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 professional services (the "Services") set forth in the Provider's proposal attached hereto as Exhibit 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. Compensation. 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 not to exceed Fifty Thousand Dollars ($50,000.00) (the "Contract Amount"). The City will pay the Contract Amount in installments upon regular invoicing by the Provider (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. Term. Termination. Unless earlier terminated in accordance with its terms, this Agreement will commence on the Effective Date and end on December 31, 2020. 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. Point of Contact. The City employee identified in Section 10 below will serve as the City's principal point of contact for purposes of this Agreement. 6. Relationship. 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. 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. 7. Indemnification 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. 8. Work. Product: Ownership. 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. 9. Assignment. The Provider shall not assign or subcontract the whole or any part of this Agreement or its obligations hereunder without the prior written consent of the City. 10, 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: Ivy Tech Community College Workforce Alignment 220 Dean Johnson Boulevard South Bend, IN 46601 Attn. Lisa Wenzel, Director of Special Projects Cam: City of South Bend, Indiana 227 W. Jefferson Boulevard, Suite 1400 S. South Bend, IN 46601 Attn: Jacob Alexander, Business Development Specialist 11. E ual Opportunity; Non -Discrimination Com fiance. 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). 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. 12. 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. 13. Drug -Free Workplace. 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. 14. 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. 15. 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. 16. Entire A eement° Amendment; Applicable Law. 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. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement for Professional Services to be effective as of the Effective Date stated above. CITY: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary A. Gilot, President Therese Dorau, Member Jitin Kain, Member Eetl. ........ li a ... % Maradik, i°br u a O"Sullivan, Member ATTES-4- ... 'm ...... .... .. i.n, Date:„�..� Linda M. Mart�� � Clerk PROVIDER: IVY TECH COMMUNITY COLLEGE Title: t 1 Date:, W 0 v"0, `-V-v r 2-a�q WA will terminate the project work and if authorized by City of South Bend, prepare a summary report. If City of South Bend cancels class 5-9 business days prior to training, City of South Bend is responsible for 50% of the quoted cost. If City of South Bend cancels within four business days or less (written or verbal notice), City of South Bend will be responsible for 100% of the quoted cost. If City of South Bend reschedules activity to start within the next (3) months, City of South Bend will be charged a 10% non-refundable rescheduling fee not to exceed $500. WA may terminate the project when expenditures reach the price stated in proposal unless City of South Bend and WA establish a revised price and make a written modification to this agreement. City of South Bend will be responsible for charges incurred up to and including the termination. Paragraph 2 above, also provides for other conditions in which WA may terminate this agreement. F. Standards of Performance WA warrants only that the project work will be conducted in accordance with generally accepted standards applicable to such work. WA program managers, account executives, faculty and other employees and contractors shall be required only to use their best effort, to assign to the project personnel with appropriate professional competence and training. WA and program managers, account executives, faculty, and other employees and contractors may, in the performance of the work, rely on published technical data, methodologies, scientific principles, and other information which it or they reasonably believe to be reliable, and shall not be responsible for the consequences of any errors or deficiencies in such material. G. Confidentiality of Workforce Alignment Data City of South Bend understands and agrees that WA Data, materials, and information disclosed to the City of South Bend may contain confidential and protected information. WA covenants that data, material, and information gathered, based upon or disclosed to the City of South Bend for the purpose of this Contract will not be disclosed to or discussed with third parties without the prior written consent of WA. The parties acknowledge that the services to be performed by WA for the City of South Bend under this Contract may require or allow access to data, materials, and information containing "Personally Identifiable Information", (PII), maintained by WA in its computer system or other records. If any PH is/are disclosed by City of South Bend, the City of South Bend agrees to pay the cost of the notice of disclosure of a breach of the security of the system in addition to any other claims and expenses for which it is liable under the terms of this contract. H. Ownership of Documents and Materials All right, title, and interest in and to any deliverable items, together with any software, documentation, utilities, tools, methodologies, specifications, techniques, and other materials or know-how developed by or on behalf of Ivy Tech Workforce Alignment during and in the course of providing deliverable items shall become the sole and exclusive property of Ivy Tech Workforce Alignment. Acceptance This proposal is effective from July 1, 2019 to July 1, 2020 and if accepted by City of South Bend on or before that date by signature below and delivery to WA, shall become a contract between the parties subject to the conditions herein. Please indicate your acceptance of this proposal by executing the original and mailing or emailing a copy to WA (Email: Iwenzel1 @ivytech.edu) Daniel Buckenmeyer Date Department of Community Investment Director of Economic Resources and Business Development 574.904.0702 Chris Lowery Date Senior Vice President, Workforce Alignment 812-374-5114 Lisa Wenzel Director Special Projects 574.289.7001 x5858 Date EXHIBIT A Scope of Work [See attached.] EXHIBIT B Contractor's Affidavit [See attached.] BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date Name 11 /04/2019 Jacob Alexander Department DCI BPW Date 11/12/2019 Phone Extension 9278 ,���wu�,00..n�r2'.�r©uru�r nnmur'rv'rev��ar; � �uuuuuuuuuuuuuuuuuuuuuuuuuuWuuuuuuuumr�euw �>"�,,�,,,�„�.,.�, ........._._.. .._.. -- .,�„� .._.,.w., ....,,,,m.................._..�.�.�,.m,.�„_�_:„ .�.........._ Iked Prior to Submittal to Board ....m .. _ .�..��..._... _.. __. ...: Legal Attorney Name Sandra Kenned Controller ® Controller review is required for all contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ❑ Professional Services Agreement ❑ Contract [� Open Market Contract E' Amendment/Addendum Ej Bid Opening Bid Award uote O Quote Award Q penin g E] Proposal Opening F-1 C/O & PCA No. ❑ Chg. Order, No. Traffic Control ❑ Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Required Information r All Subssions mi ❑ Proposal ..... �] Special Purchase, QPA ❑ Req. to Advertise ❑ Title Sheel ❑ Reject Bids/Quotes PCA Resolution F Ease./Encroach 0 Yes[ ] If Yes, A roved_g� __....... rcha 'n'-"......w_ _ Tech Commum pp by Purchasing ����� .... .....�� No MBE Completed E-Verify Form Attached [ Yes WBE ❑ No Workforce Pathways . .,.,.,. a ......................_,........... 19JO22 COIT - Grants and Subsidies������� 1-460.39-30 NTE 0,000 ................ .�....................._. ..,,,,,,., .._,......... 01 /O l /201 9 - 12/31 /2020 Provide workforce training to participants in the Workforce Pathways program. Amount of ❑ Increase ❑ Decrease ($ Previous Amount $ Increase ...... % Current Percent of Change: Decrease °.. ...... New Amount $ Increase % Total Percent of Change: Decrease %) Time Extension Amount: New Completion Date: _�_�....................wm_____ � ........