HomeMy WebLinkAboutPSA - enFocus - Annual Intern Program1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND. INDIANA 46601-1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
August 23, 2016
Mr. Daniel Collins
enFocus
Suite 100
506 West South Street
South Bend, IN 46601
RE: Professional Services Agreement — Annual Intern Program
Dear Mr. Collins:
PHONE 574/235-9251
FAX 574/235-9171
The Board of Public Works, at its meeting held on August 23, 2016, approved the above
referenced agreement in the amount of $45,000.00.
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 DAVID P. RELOS ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU
Company Engagement Terms
We want you to understand the basis under which we offer our services to you
and determine our fees, as well as to clarify the relationship and
responsibilities between your organization and en Focus. These terms are part
of our engagement letter and apply to all future services, unless a specific
engagement letter is entered for those services. Each of these terms shall
survive and apply after termination of this agreement.
CONSULTING AGREEMENT
This Consulting Agreement (the "Agreement") is entered into on as of the 8th
day of August, 2016, by and between The City of South Bend Indiana, a
Indiana municipal corporation, acting by and through its Board of Public
Works, having its principal offices 227 W. Jefferson Blvd., South Bend IN
46601 (hereinafter referred to as "Sponsor"), and enFocus, a 501 c (3)
organization, having its principal offices at 506 West South Street, South Bend,
IN 46601 (hereinafter referred to as "Consultant").
WHEREAS, the Sponsor desires to obtain the services of Consultant on its own
behalf and on behalf of all existing and future Affiliated Companies (defined as
any corporation or other business entity or entities that directly or indirectly
controls, is controlled by, or is under common control with the Sponsor), and
Consultant desires to provide consulting services to the Sponsor upon the
terms and conditions in this Agreement.
AGREEMENT
SECTION 1 —CONSULTING PERIOD
(a) Term - The Sponsor hereby retains the Consultant and Consultant
agrees to render to the Sponsor those services described in Scope of Services,
Exhibit A, incorporated by reference and attached hereto, for the period (the
"Consulting Period") commencing on August 8, 2016 and ending on July 30,
2017.
(b) Termination - At any time, either party may terminate, without liability,
the Consulting Period for any reason, with or without cause, by giving 60 days
advance written notice to the other party. The Sponsor shall pay Consultant
the compensation to which the Consultant is entitled pursuant to Section 3(a).
SECTION 2 — DUTIES AND RESPONSIBILITIES
(a) Consultant hereby agrees to provide and perform for the Sponsor
those services set forth in Exhibit A.
¢. Bold Idea. Gnabr Good.
Company
Engagement
Terms
August 2016
Page
1 of 10
CONFIDENTIALITY NOTICE: This document and its contents are confidential. If you have received this
document in error, please destroy immediately.
a
(b) Sponsor hereby agrees to provide compensation and reimbursement for
travel and other reasonable business expenses incurred by Consultant under the
scope of this agreement.
SECTION 3—COMPENSATION, PAYMENT, BENEFITS
(a) Compensation in consideration of the services to be rendered
hereunder, including, without limitation, services to any Affiliated Company,
Sponsor shall pay $40,000.00 dollars to Consultant. Company
Engagement
(b) Payment Terms. Sponsor agrees to pay $40,000.00 dollars to
Consultant. Invoices shall be presented at agreed upon project intervals Terms
based on project progress and payments are due within 30 days.
August 2016
(c) Benefits. Other than the compensation specified in Sections 3(a),
Consultant shall not be entitled to any direct or indirect compensation for Page
services performed hereunder. 2 of 10
SECTION 4 - CONFIDENTIAL INFORMATION
(a) "Confidential Information" means:
(1) any information given to enFocus by Sponsor and clearly
marked, in writing as confidential; and
(2) any information given to enFocus by Sponsor orally that, at
the time given, is stated to be confidential, and reduced to writing within thirty
(30) days.
(b) enFocus agrees to keep Confidential Information confidential for a
period of five (5) years from date given to enFocus, not to give in any form, to
a third party, and to only give to enFocus employees who have a need to
know.
(c) The confidentiality, as stated in SECTION 4 (b), will not apply to
information which:
(1) is at the time of receipt public knowledge, or after receipt
becomes public knowledge through no act of omission on the part of
enFocus;
(2) was known to enFocus, as shown by written records, prior to
disclosure by Sponsor;
(3) is received by enFocus from a third party who did not obtain
the information from Sponsor; or
(4) is required by law; or
(5) is in conflict with laws on public records.
Consultant hereby acknowledges and agrees that all property, including, all
2
CONFIDENTIALITY NOTICE: This document and its contents are confidential. If you have received this
document in error, please destroy immediately.
books, manuals, records, reports, notes, contracts, lists, blueprints, and other
documents, or materials, or copies thereof, that is produced under this
Agreement is Proprietary Information (as defined herein), and equipment
furnished to or prepared by Consultant in the course of or incident to
rendering of services to the Sponsor, belong to the Sponsor and shall be
promptly returned to the Sponsor upon request.
(d) Consultant agrees to hold all Sponsor's Proprietary Information in Company
strict confidence and trust for the sole benefit of the Sponsor and not to, Engagement
disclose, use, copy, publish, summarize, or remove from Sponsor's premises
any Proprietary Information (or remove from the premises any other property Terms
of the Sponsor) during the Consulting Period except (i) to the extent necessary
to carry out Consultant's responsibilities under this Agreement or (ii) after August 2016
termination of the Consulting Period or (iii) when the information falls within
the guidelines of this agreement. Page
3of10
SECTION 5 — NOTICES
All notices or other communications required or permitted hereunder shall be
made in writing and shall be deemed to have been duly given if delivered by
hand or mailed, postage prepaid, by certified or registered mail, return receipt
requested, and addressed to the Sponsor at:
ATTN: City of South Bend, Indiana, Board of Public Works
227 W. Jefferson Blvd.
South Bend, IN 46601
or to the Consultant at:
ATTN: Daniel Collins, Director of Operations
en Focus
506 West South Street, Suite 100
South Bend, IN 46601
Notice of change of address shall be effective only when done in writing and
sent in accordance with the provisions of this Section.
SECTION 6 - AMENDMENTS AND WAIVERS
This Agreement may not be modified, amended, or terminated except by an
instrument in writing, signed by a duly authorized representative of the
Sponsor and the Consultant. By an instrument in writing similarly executed,
either party may waive compliance by the other party with any provision of this
Agreement that such other party was or is obligated to comply with or
perform, provided, however, that such waiver shall not operate as a waiver of,
or estoppel with respect to, any other or subsequent failure. No failure to
CONFIDENTIALITY NOTICE: This document and its contents are confidential. If you have received this
document in error, please destroy immediately.
Z�,,,Ibrys
exercise and no delay in exercising any right, remedy, or power hereunder shall
operate as a waiver thereof, nor shall any single or partial exercise of any right,
remedy, or power hereunder preclude any other or further exercise thereof or
the exercise of any other right, remedy, or power provided herein or by law or
in equity.
SECTION 7 — INTERRUPTION OF SERVICE
Either party shall be excused from any delay or failure in performance required Company
hereunder if caused by reason of any occurrence or contingency beyond its Engagement
reasonable control, including, but not limited to, acts of God, acts of war, fire,
insurrection, laws proclamations, edits, ordinances or regulations, strikes, lock- Terms
outs or other serious labor disputes, riots, earthquakes, floods, explosions or
other acts of nature. The obligations and rights of the party so excused shall August 2016
be extended on a day-to-day basis for the time period equal to the period of
such excusable interruption. When such events have abated, the parties' Page
respective obligations hereunder shall resume. 4 of 10
SECTION 8—SEVERABILITY, ENFORCABILITY
If any provision of this Agreement, or the application thereof to any person,
place, or circumstance, shall be held by a court of competent jurisdiction to be
invalid, unenforceable, or void, the remainder of this Agreement and such
provisions as applied to other persons, places, and circumstances shall remain
in full force and effect.
SECTION 9—GOVERNING LAW
The validity, interpretation, enforceability, and performance of this Agreement
shall be governed by and construed in accordance with the law of the State of
Indiana.
SECTION 10 — INDEPENDENT CONTRACTOR
The Consultant shall operate at all times as an independent contractor of the
Sponsor. This Agreement does not authorize the Consultant to act for the
Sponsor as its agent or to make commitments on behalf of the Sponsor. The
Sponsor shall not withhold payroll taxes, and Consultant shall not be covered
by health, life, disability, or worker's compensation insurance of the Sponsor.
SECTION 11 —ABILITY TO ENTER INTO CONTRACT
Each party represents and warrants to the other party that this Agreement has
been duly authorized, executed and delivered and that the performance of its
obligations under this Agreement does not conflict with any order, law, rule or
regulation or any agreement or understanding by which such party is bound.
CONFIDENTIALITY NOTICE: This document and its contents are confidential. If you have received this
document in error, please destroy immediately.
SECTION 12 — LIMITATION OF LIABILITY; INDEMNIFICATION
As a professional organization, the Consultant will perform the services
described in Exhibit A to the best of their ability, striving to ensure great quality
work and minimize errors or omissions. As a result, the Consultant shall not
be liable to sponsor for any loss incurred in the performance of his/her services
hereunder unless caused by Consultant's willful misconduct. Sponsor agrees,
at its sole defense, to indemnify and defend Consultant from and against any
damages, claims or suits by third parties against Consultant arising from the Company
performance of Consultant's services hereunder unless caused by Consultant's Engagement
willful misconduct. In this case, the total liability shall be the aggregate
amount of fees payable during the term of this contract. Terms
SECTION 13 —ENTIRE AGREEMENT August 2016
The terms of this Agreement are intended by the parties to be in the final
expression of their agreement with respect to the retention of Consultant by Page
the Sponsor and may not be contradicted by evidence of any prior or 5 of 10
contemporaneous agreement.
The parties have duly executed this Agreement as of the date first written
above:
SPONSOR:
Name: City of South Bend Indiana
Title: Board of Public Works
Signature:
Gary Gilot, President
`� CCU ,-- ,( , _i
David Relos, Membe
Date:
5
CONFIDENTIALITY NOTICE: This document and its contents are confidential. If you have received this
document in error, please destroy immediately.
CONSULTANT:
en Focus
Name: Daniel Collins
Title: Director of Operations at en Focus, Inc. Company
Engagement
Signature: Terms
Date: August 2nd, 2016
August 2016
Page
6of10
CONFIDENTIALITY NOTICE: This document and its contents are confidential. If you have received this
document in error, please destroy immediately.
Exhibit A
enFocus Fellowship
Project Proposal - Property Tax Study
Company
Engagement Overview Engagement
The City of South Bend (City) has supported enFocus through project Terms
engagements since the fall of 2012. enFocus has placed the highest
value on this relationship and this has resulted in technology and August 2016
innovation -based projects for the City. The City has furthered its
commitment to technology innovation by establishing the Office of Page
Innovation and Technology (OIT) led by Santiago Garces (Project 7 of 10
Champion). This document details the proposed shape of the 2016-
2017 engagement. The focus area for this engagement will be on the
City's revenue from property taxes.
Project Description
Background
The City, along with St. Joseph County, seeks to engage enFocus to
investigate avenues to maximize local property tax revenues. Both the
City and the County are heavily dependent on revenue from local
property taxes to fund their operations and services. However, this
revenue often does not align with expectations and the organizations
affected are interested in understanding the underlying reasons for
this. The City of South Bend's Office of Innovation and Technology
asked enFocus to submit a summary for a project in which enFocus, a
neutral third -party, would investigate the issue and facilitate
stakeholder engagement, as part of the 2016-2017 enFocus Fellowship
Program.
enFocus met with the St. Joseph County Auditor and the Penn
Township Assessor to discuss the feasibility of the engagement and talk
through the areas in which enFocus could provide the most impact as
an additional resource. Both were enthusiastic about the project and
the prospect of working with both enFocus and the City on it. enFocus
7
CONFIDENTIALITY NOTICE: This document and its contents are confidential. If you have received this
document in error, please destroy immediately.
also provides its Fellowship Program services to St. Joseph County and
the Auditor recommended that the focus of the 2016-2017 engagement
between en Focus and the County should be on the property tax study.
The combination of the support from both the City and the County
would allow en Focus to double -down on its allocation of resources to
the project to achieve a more significant impact over the twelve
months. Company
Objectives Engagement
• To investigate the processes for assessing property values in St. Terms
Joseph County
• To determine why those values may differ from stakeholder August 2016
expectations
• To determine if changes to current assessment methods may Page
generate more accurate assessed values 8 of 10
• To assist St. Joseph County in a pilot implementation of those
modified assessment methods, if it is shown that they may
Activities
• Facilitate meetings between stakeholders to discuss
expectations around property tax revenue and assessed
property values
• Work with the OIT to analyze data on the assessed value of
properties
• Work with St. Joseph County to:
o Map out existing assessment processes
o Investigate assessment methods used by other counties
that may generate more accurate assessed values
o Assist the Penn Township Assessor with a pilot
implementation of those assessment methods, if it is
shown that they do
o Evaluate the results from the pilot implementation and
provide recommendations to the County
Deliverables
• en Focus will provide monthly updates on its progress and
reports on its findings
s
CONFIDENTIALITY NOTICE: This document and its contents are confidential. If you have received this
document in error, please destroy immediately.
Engagement Model
enFocus will commit 1,000 hours to the project which is typically
broken down into 700 fellow hours, 150 management hours, and 150
intern hours.
Talent Matching
An essential component of the en Focus value proposition is the
diversity and strength of the talent that will be immersed in each
project. We recruit from an array of educational levels — ranging from
undergraduates to PhDs — and match backgrounds to project needs
using a talent -needs matrix methodology. Our approach for this
engagement is to pair eager and intelligent en Focus fellows with
relevant mentors to oversee an effective strategic plan.
Entrepreneurial Project Flexibility
At en Focus, we place value on our entrepreneurial focus and approach
to projects. We have had historical success for clients when we reserve
the option to initiate conversation with the client for a project pivot
when we see a better path or opportunity to pursue that can lead to
greater success. This is not meant to mitigate en Focus of project
responsibility but rather to create a scenario that will produce the most
valued outcome for the City.
Funding and Timeline
The fee for this engagement is $40,000, to be paid over the duration of
the engagement.
Duration
• Initiate engagement on August 8, 2016
• End engagement on July 30, 2017
Billing Schedule
• Quarter 1: Fee for Recurring Project Work: $10,000.00
o Invoice: October 31, 2016
• Quarter 2: Fee for Recurring Project Work: $10,000.00
o Invoice: January 31, 2017
• Quarter 3: Fee for Recurring Project Work: $10,000.00
Company
Engagement
Term s
August 2016
Page
9of10
9
CONFIDENTIALITY NOTICE: This document and its contents are confidential. If you have received this
document in error, please destroy immediately.
o Invoice: April 30, 2017
• Quarter 4: Fee for Recurring Project Work: $10,000.00
o Invoice: July 31, 2017
Stakeholder Management
The stakeholders from the City are recognized to be:
1) Eric Horvath, Director of Public Works, City of South Bend
2) Santiago Garces, Chief Innovation Officer, City of South Bend
In client engagements, en Focus identifies a champion on the client side
to ensure seamless project execution. The client champion will be
responsible for project communication and billing clearance. Note:
Throughout this agreement we have referred to Santiago Garces as the
Project Champion.
Feedback
en Focus places great value on the relationship with the City. Please let
us know how we can continue to support the City and its initiatives.
We are very excited to participate in whatever way we can to create the
highest degree of success for the City.
Company
Engagement
Terms
August 2016
Page
10 of 10
10
CONFIDENTIALITY NOTICE This document and its contents are confidential. If you have received this
document in error, please destroy immediately.
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date
Name
8-16-2016
Santiago Garces Department Innovation
BPW Date 8-23-16 Phone Extension 7652
Required Prior to Submittal to Board
Legal ® Attorney Name Schmidt
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
Check the Appropriate Item Type — Required for All Submissions
❑ Agreement ❑ Contract ❑ Proposal ❑ Addendum
® Professional Services ❑ Resolution
❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet
❑ Quote Opening ❑ Quote Award
❑ Change Order No. ❑ C/O & PCA No. ❑ PCA
❑ Ease/Encroach. ❑ Traffic Control
F1 Other:
Company or Vendor Name Er
New Vendor ❑
MBE/WBE Contractor ❑
MBE/WBE Contractor Requested
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
Yes ® No
MBE ❑ WBE
❑ No ❑ Yes
If Yes, Approved by Purchasing
Name of Company
COIT Fund Professional Services
404-0672-415-31-06
$ 45,000
— 7/31/2016
QI Required Contractor's Certification Form Attached (Non -
Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc
Amount of H Increase
❑ Decrease
Previous Amount
Current Percent of Change:
New Amount
Total Percent of Change:
Copy Original
® ❑ Santi
® ❑ Penr
® ❑ John
ired For Change Orders
Dispersal After Approval
3o Garces
Price