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HomeMy Public PortalAbout124-2014 - NV Grant Services - Income analysis for Steller GrantPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this (s day of -���O14, and referred to as Contract No. 124-2014, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and NV Grant Services LLC, 7694 Willsey Lane, Plainfield, Indiana, 46168-9115 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide professional services to perform an income survey (hereinafter "Project") for the City of Richmond Department of Metropolitan Development in connection with the City's Stellar project. Contractor's proposal, consisting of six (6) pages, dated October 28, 2014, is attached hereto as Exhibit A, which Exhibit is incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. Contractor shall perform all work herein in a timely manner, conforming to all applicable professional standards. The Contractor shall furnish all labor, material, equipment, and services necessary for the proper completion of all work specified. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2); and 3. A purchase order has been issued by the Purchasing Department. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. Contract No.124-2014 Page 1 of 6 SECTION III. COMPENSATION City shall pay Contractor an amount not to exceed Two Thousand Eight Hundred Twenty Dollars ($2,820.00), plus any hard costs incurred at the rate set forth on Contractor's Exhibit "A", for the complete and satisfactory performance of this Agreement. SECTION IV. TERM OF AGREEMENT This Agreement shall be effective when signed by all parties and shall continue in effect until completion of the Project. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. SECTION V. INDEMNIFICATION AND CE n Qsk.S Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Page 2 of 6 Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 each aggregate F. Malpractice/Errors & Omissions Insurance $1,000,000 each occurrence $1,000,000 each aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. Page 3 of 6 SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. SECTION VIII. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5- 22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION IX. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: 1. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any Page 4 of 6 person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION X. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XI. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such delegation or assignment, without the prior written consent of the other parry, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which, shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Page 5 of 6 Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety By: V/(/& Vicki Robinson, President By: ) 6 --- Richard Foore, Member "CONTRACTOR" NV GRANT SERVICES LLC 7694 Willsey Lane Plainfield, IN 46168-9115 Printed: Title: Q)&.� APPROVE Date: arah L. Hutton, Mayor Date: Page 6 of 6 EXHIBIT PAGE 1 OF� October 28, 2014 Ms. Sharon Palmer Community Development Specialist City of Richmond 50 North 5th Street Richmond, IN 47374 Dear Sharon, Thank you for allowing me the opportunity to present a proposal for an Income Survey study. My goal is to meet the needs of your community and assist you in determining the percentage of low -to -moderate income residents for a potential CDBG-funded activity according to guidelines established by the Indiana Office of Community and Rural Affairs (OCRA). A copy of my proposal follows. I am happy to discuss any questions you may have about this proposal and/or the survey process, please feel free to call or email me. If you feel this proposal meets your needs and you would like to move forward, please sign/date the last page, scan and email (NVanDeVoorde@ me.com) or fax to 317-483-2010. I look forward to working with you. Best regards, Nannette L. Van De Voorde Owner NV Grant Services, LLC 7694 Willsey Lane Plainfield, IN 46168-9115 NVanDeVoorde@me.com p:317-531-6359 017-483-2010 NV Grant Services, LLC Income Survey Proposal:: City of Richmond October 28, 2014 EXHIBIT PAGEOF Nannette L. Van De Voorde Owner NV Grant Services, LLC 7694 Willsey Lane Plainfield, IN 46168-9115 NVanDeVoorde@me.com p:317-531-6359 f:317-483-2010 Income Survey Proposal City of Richmond Downtown Park NV Grant Services, LLC Income Survey Proposal:: City of Richmond October 28, 2014 EXHIBIT PAGE NZI Income Survey Methodology In an effort to determine the percentage of residents that are low -to -moderate income (LMI) persons, NV Grant Services will assist the City of Richmond in completing a city-wide income. The Service Area must include all households to be served by the CDBG-funded activity. Since the City of Richmond plans to apply for a grant for a downtown park, the Service Area would include the entire City. The income survey will be completed according to guidelines established under the Community Development Block Grant program by the Indiana Office of Community and Rural Affairs (OCRA). Based on the number of households in the Service Area, NV Grant Services will determine the necessary minimum households, Sample Size, from which to collect data, based on a 95% confidence level. The households will be randomly sorted and surveys will be mailed to the Sample Size with follow-up mailings to non -respondents. Non -Responses Households that do not respond after two attempts will be replaced with the first household on the "replacement" list. The replacement list will be chosen in the same manner as the original list by selecting the next household on the randomly selected list. In addition, any incomplete or unclear survey response will be removed and substituted with a replacement household. Regardless of our attempts, there will be households that refuse to respond. Record .Keeping In accordance with CDBG record -keeping requirements, NV Grant Services will maintain original population list; sample size lists; copy of survey; completed surveys; procedures and data used; copies of completed surveys; documentation of survey responses; tracking of responsive and non -responsive households. This will include hard copies and a back-up disk. Certification CDBG requires that income surveys are certified by eligible individuals including a statement that he/she feels the original survey is an accurate representation of the community's current LMI percentage. NV Grant Services will facilitate this service on behalf,of the community. Lifespan of a Survey Per CDBG guidelines, income surveys are good for four (4) years from the date of the income survey certification letter if the grantee can certify that there have been no significant demographic, economic and non -economic changes in the area. The survey may be used for any project that benefits the same income survey area. To be valid for four years, the income survey must have been completed using the most recent methodology released by OCRA. NV Grant Services, LLC Income Survey Proposal:: City of Richmond October 28, 2014 EXHIBIT j'�. PAGE Community's Responsibility Sortable Mailing List It is the community's responsibility to provide a complete list of residents in the Service Area in a sortable format (such as excel). The mailing list should be current and should not include businesses. Lists that are not provided in a sortable format (such as excel) will result in additional expense to the client to create such a working list. Lists that are deficient in addresses may result in additional community assistance, such as door-to-door survey collection for those households excluded. Promote Survey Residents are more likely to reply to our survey if they have been notified in advance. To encourage residents' participation, the City of Richmond must notify residents of the upcoming income survey mailing and encourage residents to reply. Please emphasize that survey responses will be confidential. Notifications can include :: local newspaper; flyer in utility bills; town's web site; town's Facebook page; flyers throughout community (i.e., library, laundromat, churches, businesses, etc.) NV grant services will provide a press release and digital flyer to be printed/distributed by the community. In accordance with CDBG guidelines, any publicity must be worded so that it does not bias the results. For example, it is best to state "the community is applying for a CDBG grant and, as part of the application process, the community must provide current estimates of the residents' incomes in the service area." It is not appropriate to say that, in order for the community to receive a grant, a survey must be conducted to show that most of the residents in the service area are LMI. Difficult to Reach Households Non -response rates greater than 20% may affect the validity of the survey. Every attempt will be made to meet our criteria through mail surveys. However, in the event that the number of responses received are not enough, the Community will need to assist in final survey collection through phone calls and/or door-to-door surveys for those households that are difficult to reach. The community must track households that complete the surveys, as well as non -responsive households according to CDBG guidelines. NV Grant Services, LLC Income Survey Proposal:: City of Richmond October 28, 2014 EXHIBIT ± PAGE OF Timeline The Income Survey may take up to 8 weeks to complete. This timeline is a guideline only and will be determined by 1) City of Richmond maintaining responsibilities noted above; and 2) responses from residents. Implementation may begin within one week upon receipt of signed contract. NV Grant Services will not mail surveys until the City has notified residents of the project. Fee • Income survey mailings (2 per household) to randomly generated list and replacement list(s), reporting process, final survey report, record keeping $2,820 City's Service Area:: 17,649 HH Required Sample Size (Sample Size Calculator) :: 376 HH • Hard Costs::paper, envelopes, postage, copies (see attached) approx $1.004M • Converting non -sortable list to a working document (if not provided) $50/hour • Survey Certification Fee :: Community to pay direct $250 The City of Richmond is responsible for payment regardless of the community's funding eligibility. Upon execution of agreement, 50% deposit will be required to cover hard costs. Final payment will be due upon delivery of final survey report. Agreement of Services for Income Survey between City of Richmond and NV Grant Services: Signature of Chief Elected Official Date NV Grant Services, LLC Income Survey Proposal:: City of Richmond October 28, 2014 EXHIBIT PAGE 0 SAMPLE OF RAI Hard Costs Bulk Postage Window Envelope Postage Reply Envelope; Reply Envelope Self -Addressed Paper x 2 pgs (letter & survey) Copies x 2 pgs Credit Applied for Reply Envelopes re -used due to being 'Returned to Sender" Hard costs will vary based on initial responses; follov" "replacement" list(s)- NV Grant Services, LLC Income Survey Proposal:: City of Richmond October 28, 2014