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HomeMy WebLinkAboutPSA - Inspections and Education for IHCDA Lead Grant - St. Joseph County Health DepartmentAGREEMENT FOR SERVICES This Agreement for Services (this "Agreement") is made effective as of April 15, 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 St. Joseph County Health Department (the "Provider") (each a "Party" and collectively the "Parties"). RECITALS A. The City applied for and received grants from the Indiana Housing and Community Development Authority Lead Hazard Reduction Program (the "Program"). B. In connection with the Program, the Parties desire to commit formally to certain activities to further the City's administration of the Program. For and in consideration of the mutual covenants and promises contained herein, the Parties agree as follows: 1. Services. vices. The Provider will provide to the City the services (the "Services") set forth in the attached ExIiibit 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. Conipensation. 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 for each service provided as set forth in the Scope of Work and identified as a line item on an undisputed invoice provided to the City within thirty (30) days of the City's receipt thereof (each a "Contract Installment"). The City will not be required to pay a Contract Installment if the City any default or breach of this Agreement by the Provider exists. In the event of a dispute between the Parties with regard to an invoice item or the adequate performance of the Services, the City's payment obligations only for such disputed items shall be suspended until the Parties have discussed the matter and agreed upon a solution. For clarity, if the work must be performed again due to additional requirements of the City or the Program, the Provider shall be compensated at an hourly rate as set forth on the Scope of Work. 3. Tenn, Termillation.. 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 or be otherwise liable for any cost associated with the Provider's performance of any Services after the effective date of termination. 4. l eniedies for Breach o1"Ctaritract. 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. Reiationsili . The Provider shall at all times be an independent contractor for the performance of the Services rather than an employee of or joint venture 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. lndernnifcatiori ofC"ice. 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 Product', Owriershin. 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. Assigning . 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. 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: St. Joseph County Health Department 227 W. Jefferson Boulevard, 81h Floor South Bend, IN 46601 Attn: Deputy Health Officer Cam: City of South Bend Department of Community Investment 227 W. Jefferson Boulevard, Suite 1400 S. South Bend, IN 46601 Attn: Pamela C. Meyer, Director of Neighborhood Development 10. lIiial Qp aorturait Noii- isc inlin'atiorr ("oni1LIi nce, 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 A1"lida\pit. 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. D r u )-Fiiee Work lace. 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 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. 14. Se erabi_ 'l_ it . 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. 1.mire Aarecnient• Auncndnient• Ap licable 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. 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 Gary A. ii C J'i, President Therese Dorau, Member j Gathers, M'n ber ry e Elizabeth A. Maradi k, Member s 4 Molnar, Member Al .. ,.. tatd;_...... Linda M. Martin, C1e PROVIDER: ST. JOSEPH COUNTY HEALTH DEPARTMENT By.: ) -F"�J) &I eq Printed: o li�xgr� ri Title: Dated: oI / z $ / 7-t,�2—o EXHIBIT A Scope of Work Provide the following services related to the IHCDA Lead Hazard Reduction Grant: Maintain regular communication with the City staff serving as Project Director (Pamela Meyer) and Program Manager (Neil Mihalich) for the City grant. ■ Perform, upon coordination with the Program Manager, lead inspections and risk assessments ("LIRA") at a cost not to exceed $848.52 per LIRA. Perform, upon coordination with the Program Manager, clearance examinations at a cost not to exceed $285.00 per clearance exam. Utilize the respective forms as required by the grant for the LIRA and the clearance exam. ■ Operate in in full compliance with requirements of the grant, and local, state and federal law as applicable. • Conduct, upon coordination with the Program Manager, blood level testing for each child under the age of 6 years residing in a housing unit under City contract to receive lead hazard control work. If testing has occurred with the prior six (6) months provide documentation to the Program Manager of that testing. If parents of a child under the age of six (6) wish to use their right of parental exemption, provide documentation of that exemption as required by the grant. * Refer children who test with elevated blood lead levels to appropriate case management and monitoring resources with the Provider and notify his or her health care provider. Assist with the development of a list of target properties and/or units Assist with outreach, promotion and public education Rates: Provider shall provide all services hereunder for which a rate is not stated at an hourly rate of $35.00/hour 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: • 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 0 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. IIl T-l"ASE NOTE: 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 prior to submission of a claim to request funds. EXHIBIT B Contractor's Affidavit [See attached.] BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 1/31/2020 Name Pam Mev Department DCI BPW Date 2/6/2020 Phone Extension 5845 iMIN r ��: arm rr �Nifffff �n"� aim ..s wiommiommmmnioio mommio imimmmmuimmmmme„ PImim0000mmnlnlnlmlmmm�nln Diversity Compliance and Inclusion Officer and Prior to Submittal to Board Officer Name A.ladean. Rose BPW Attorney Attorney Name Clara AleDaniels —m_.................................. .awww __ ....... .__....—...__................ Dept. Attorney ['� Attorney Name Sandi Kennedy Purchasing Michael Schmidt Check the Atodae Item .l ype — �cti �mProfessional Services Agreement Contract ❑ Open Market Contract ❑ Amendment/Addendum [7 Bid Opening ❑ Bid Award Quote Opening ❑ Quote Award Proposal Opening E C/O & PCA No. Chg. Order, No. E Traffic Control F-1 Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description V.._ Submissions r All... .__ .... ❑ Proposal ❑ Special Purchase, QPA ❑ Req. to Advertise ❑ Reject Bids/Quotes PCA [� Resolution O Ease./Encroach ❑ Title Sheei St Joseph County HealthDepartment_..— ................. ❑ Yes ❑ If Yes, Approved by Purchasing ® No ❑❑ MBE Completed E-Verify Form Attached Nos WBE Inspections & Education for IHCDA Lead Grant State Grant Fund �. ... —_ — ........ .- ...... .. w 210.1007.460.31.06 �...... . $41,400 4/15/2019 — 12/31/2020 Contract for Lead Inspection, Lead Risk Assessment, and Clearance Examination, for state lead based paint grant (via IHCDA). Amount of El Increase $._ wwww �_...._......... _.............. —... EJ Decrease ($ Previous Amount $ Increase .... ....................% ..._.... �. .. �...... .......... .... ................. Current Percent of Change: Decrease (mmmITITmmmmmmmmmm %) New Amount $ ---------------- — ...... ........._......... Increase % Total Percent of Change: Decrease ( %) Time Extension Amount: New Completion Date: