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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