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HomeMy WebLinkAboutPSA - Prosperity Now - City Profile and Scorecard for Racial and Economic Justicer OR 'Ilk p .. I 1� AGREEMENT THIS AGREEMENT, is entered into on July 15, 2017 between "City of South Bend, IN", hereinafter called CITY OF SOUTH BEND, a municipality with its principal place of business at 227 W. Jefferson Boulevard, Suite 1400, South Bend, IN 46601 and "PROSPERITY NOW", hereinafter called PROSPERITY NOW having its principal place of business at 1200 G Street, N.W., Suite 400, Washington, DC 20005. W ITN ESSTH: WHEREAS the CITY OF SOUTH BEND seeks to develop a Racial Wealth Divide (RWD) profile on their city and needs support in developing the profile. WHEREAS PROSPERITY NOW is recognized as a consultant that: ❑ Provides RWD capacity building, self-sufficiency technical assistance, and information dissemination along with an extensive history in online learning and communities of practice and, ❑ Provides expertise in RWD issues and solutions to various communities throughout the United States. NOW, THEREFORE inconsideration of the mutual promises and covenants of the parties and the mutual benefits they will gain by the performances thereof, all in accordance with the provisions hereinafter set forth. WHEREAS, THE PARTIES AGREE AS FOLLOWS: 1) Statement of Work PROSPERITY NOW will produce a local profile for the City of South Bend. The profile will include a number of infographics (15 for the city) and other easy -to -read data tables that provide insight at the city level as to what the RWD inequalities are by race and ethnicity. The profile will also include one map. The profile will include data analysis in the key areas of housing, education, economic development/community investment and wealth building. The profile will not offer recommendations. PROSPERITY NOW'S Communications, RWD, and Research teams will work together to ensure a powerful final product that puts data into the hands of those who need it most. Specific Deliverables: a. One 12-15 page RWD profile with up to 15 infographics and one map b. One PROSPERITY NOW staff member to lead the launch event (date to be determined but before 12/31/2017) in South Bend, travel and staff time is included with the budget 2) Period of Performance This project will be conducted from June 15, 2017 — December 31, 2017 and may be amended by mutual agreement of the parties. 3) Compensation and Payment It is understood and agreed that CITY OF SOUTH BEND will compensate PROSPERITY NOW a fixed fee of $16,000 for the services provided. PROSPERITY NOW will invoice CITY OF SOUTH BEND for the entire amount once all deliverables have been fulfilled and at the conclusion of this agreement. Page t of 3 4) Force Majeure. PROSPERITY NOW is not liable for any delay in performance or non-performance caused by acts of god, war, civil disturbance, government action, labor dispute, computer virus, pandemic illness, inadequate access to client site or data, or anything else beyond PROSPERITY NOW's reasonable control. 5) Termination. Performance under this Agreement may be terminated by CITY OF SOUTH BEND upon thirty (30) days written notice. Performance may be terminated by PROSPERITY NOW if circumstances beyond its control preclude continuation of the Project. Upon termination, PROSPERITY NOW will be reimbursed for all costs and non -cancellable commitments incurred in the performance of the Project and not yet paid for, such reimbursement together with other payments not to exceed the total estimated project cost specified in Article 3. In the event that either party hereto shall commit any breach of or default in any of the terms or conditions of this Agreement, and also shall fall to remedy such default or breach within thirty (30) days after receipt of written notice thereof from the other party hereto, the party giving notice may, at its option and in addition to any other remedies which it may have at law or in equity, terminate this Agreement by sending notice of termination in writing to the other party to such effect, and such termination shall be effective as of the date of the receipt of such notice 6) Liability The CITY OF SOUTH BEND agrees to hold PROSPERITY NOW, its officers, employees, or agents, harmless from any loss, claim, damage, or liability of any kind involving an officer, employee, or agent of the PROSPERITY NOW arising out of or in connection with this Agreement, except to the extent that such loss, claim, damage, or liability is founded upon or grows out of the acts or omissions of any of the officers, employees, or agents of the CITY OF SOUTH BEND while acting within the scope of their employment. 7) Warranties PROSPERITY NOW MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE RESULTS, WHETHER TANGIBLE OR INTANGIBLE, OR DEVELOPED UNDER THIS AGREEMENT; OR THE OWNERSHIP, MARKETABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE RESULTS. THE UNIVERSITY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES SUFFERED BY ANY PERSON RESULTING FROM THIS PROJECT. 8) Entire Agreement. Unless otherwise specifically provided, this Agreement embodies the entire understanding between the CITY OF SOUTH BEND and PROSPERITY NOW for this project, and any prior or contemporaneous representations, either oral or written, are superseded. No amendments or changes to this Agreement, including without limitation, changes in the statement of work, total estimated cost, and period of performance, shall be effective unless made in writing and signed by authorized representatives of the parties. 9) independent Contractor In the performances of all services under this Agreement neither party is authorized or empowered to act as agent for the other for any purpose and shall not on behalf of the other enter into any contract, warranty, or representations to any matter. Neither party shall be bound by the acts or conduct of the other. 10) Governing Law. The Agreement shall be governed by the laws of the Indiana. Page 2 of 3 Date Name BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM 7/31/2017 Christina Brooks Department Mayor/AdmFin BPW Date Phone Extension Legal Attorney Name Michael Schmidt Controller review is required for all Contracts $5,000.00 or more Controller ❑ and greater than one year in length per the City Purchasing Policy Purchasing ❑ Check the Appropriate Item Type - Required f&AIISubmissions.:� Agreement ❑ g El ❑ Proposal ....:....--- ❑ Addendum ® Professional Services ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Chg Order No. ❑ CIO & PCA No. ❑ PCA ❑ Ease./Encroach. ❑ Traffic Control ❑ Resolution ❑ Other: ❑ Claim Required lnformation Company or Vendor Name Prosperity Now ® Yes ❑ If Yes, Approved by Purchasing New Vendor ❑ No MBEIWBE Contractor MBE Completed E-Verify Form Attached. ❑ WBE - _ _ ❑Yes ❑ No Project Name Prosperity Now!: Partnership for Inclusive Economy Project Number Funding Source DCI- previous funding source ` J1 Account No. �l(. l out, uG©. 31, nL Amount $16,000 Terms of Contract Total Percent of Change: % Time Extension: Dispersal After Approval Copy Original ❑ ❑ ❑ ❑ ❑ ❑