Loading...
HomeMy WebLinkAboutMemorandum of Understanding - Harvard Kennedy School - Free Technical Assistance Shared Mobility Programs1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOf ITH BEND. INDIANA 46601-1830 CITY OF SOUTH D P BOARD `1 OF PUBLICWORKS May 14, 2019 Matthew Alper Harvard University Harvard Kennedy School Government Performance Lab 79 JFK Street Cambridge, MA 02138 RE: Memorandum of Understanding Dear Mr. Alper: PHONE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on May 14, 2019, approved the above referenced memorandum of understanding for free technical assistance related to shared mobility programs. Enclosed please find the original of the MOU for your signature. Please sign and return the original agreement to our office and retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, 8S�A'�( W-1 Linda M. Martin, C;l,e�r k �q �J Enclosure GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU Memorandum of Understanding between The City of South Bend and Harvard Kennedy School Government Performance Lab at Harvard University This Memorandum of Understanding ("MOU") is entered into by and between the City of South Bend, having a location at 227 W Jefferson Blvd South Bend, IN 46601 (hereafter "South Bend" or "the City"), and the Harvard Kennedy School Government Performance Lab at Harvard University ("Government Performance Lab" or "GPL"). The study is funded under prime award sponsored by The Bloomberg Family Foundation, Inc. ("Bloomberg Philanthropies") which established the "What Works Cities" initiatives ("WWC"). All technical assistance described in this MOU and performed by the Government Performance Lab is provided at no cost to South Bend. This MOU contains the scope of work for the project, the timeline, and the responsibilities of the Government Performance Lab and South Bend. _Overview of the Government Performance Lab The Government Performance Lab conducts research on how governments can improve the results they achieve for their citizens. An important part of this research model involves providing pro bono technical assistance to state and local governments. Through this hands-on involvement, the Government Performance Lab gains insights into the barriers that governments face and the solutions that can overcome these barriers. These insights are ultimately published in academic papers and policy briefs. As part of What Works Cities, the Government Performance Lab will support cities in improving the results they achieve with their contracted dollars. Individual staff biographies are in the Appendix Scope of Work: Results -Driven Contracting Goal: The City of South Bend will pilot results -driven contracting strategies for its a -bike and e- scooter shared mobility program. The City is seeking to create a safe and equitable system to improve the mobility of all of its residents. At the same time, South Bend is also looking to advance this project quickly to mitigate service disruptions likely to be caused by the departure of its current provider at the end of May 2019. Outcomes: The Harvard Kennedy School Government Performance Lab will work with the City of South Bend to design an effective request for information (RFI) that will provide the City with a clear understanding of the vendor landscape in this emerging industry. GPL will also assist South Bend in learning how other cities have designed similar solicitations and relevant ordinances. This What Works Cities project with South Bend will help the City structure its RFI process to address accessibility and safety needs on a tight timeline. Activities: Starting on the day following the execution of this agreement and concluding approximately three to six months after, the Government Performance Lab will work with the City of South Bend on the following range of activities, which may include: Within 180 days of project initiation, designated city staff and the Government Performance Lab will: • Meet with City representatives and current or prospective program participants, to understand the full range of desired outcomes of the program; • Conduct market research to understand emerging market solutions; • Assist the development of a problem -based Request for Information (RFI) process to identify interested service providers and innovative approaches that safely and equitably address South Bend's mobility needs; • Produce preliminary recommendations for results -driven contracting strategies and other procurement best practices, including the use of performance incentives, to help advance the City's goals in a Request for Proposals or other competitive procurement process to be conducted by the City; • Develop data collection, analysis, and reporting capacity to track progress against goals; • Issue and obtain responses to a City -led Request for Proposals or other competitive procurement vehicle that incorporates results -driven contracting strategies developed during the initial phase; • Help the City implement additional strategies and best practices that were identified as being promising for improving outcomes and attaining program sustainability. Responsibilities: South Bend is responsible for the success of the results -driven contracting project.. The City will designate a primary point of contact for this scope of work and will dedicate the personnel and staff time necessary to execute the activities outlined in this scope of work. The Government Performance Lab agrees to provide South Bend with a Fellow to support the project through conceptualization, design, and implementation and to provide technical assistance. The City lead will provide guidance with respect to the Fellow's responsibilities and objectives. The City lead and the Government Performance Lab manager will confer regularly on the Fellow's responsibilities and objectives. The City will also provide the Fellow with suitable office resources, including a desk, computer and productivity software (word processing, data processing, and email), phone, and appropriate access to the City's networks, servers, and printers, as needed. General Terms Confidential Information In order to provide support to the City as described in this Work Plan, individuals from the GPL may need to participate in internal discussions among City employees, and view non-public internal City documents and written communications pertaining to the GPL's services (such discussions, internal City documents and written communications, when clearly marked or designated as confidential, being hereinafter collectively referred to as the "Confidential Information"). The GPL will protect Confidential Information to prevent unauthorized disclosure or publication of the Confidential Information by using the same degree of care, but no less than a reasonable degree of care, as the GPL uses to protect its own confidential information of a like nature. Non -Disclosure of Confidential Information. Except as provided in the "Other Disclosure Provisions" paragraph below, the GPL shall agree to (i) hold the Confidential Information in confidence, and (ii) not at any time divulge, disclose, or communicate the Confidential Information to anyone other than City employees except as authorized by the City, or use the Confidential Information for any purpose other than in connection with the GPL's services under this Work Plan, Other Disclosure Provisions. The "Non -Disclosure of Confidential Information" paragraph above does not apply to the GPL with respect to Confidential Information that (a) was in the GPL's possession before the effective date of this Work Plan; (b) is or becomes a matter of public knowledge or publicly available through no fault of the GPL; or (c) is disclosed by the GPL with the prior written approval of a duly authorized representative of the City. In addition, the GPL may disclose Confidential Information if such information is required to be disclosed by any law, rule, regulation, judicial or administrative process or applicable professional standards, provided that, to the extent permitted by applicable law or regulation, the GPL notifies the City prior to any such required disclosure. No Authority Any person from or agent of the GPL providing services under this MOU will have no authority to negotiate any agreements for the City, to incur any obligations or expenses on behalf of the City, or to act in any other manner on behalf of the City or in its name. Such person from or agent of the GPL will not provide, and are not engaged or authorized by the City to provide, legal advice or services, notwithstanding that one or more may be trained as lawyers. Limitation of Liability The City acknowledges that performance of the GPL's work described in the Work Plan will involve the expression of professional ideas, judgments and opinions by the GPL, and that it is in the City's interest to have such ideas, judgments and opinions expressed frankly, without concern on the part of the GPL that such ideas, judgments and opinions will be deemed representations, warranties or covenants upon which the City may claim reliance. The City further acknowledges that the GPL's initiatives may use relatively new, little -used and little -studied tools. Accordingly, the City understands and agrees that the GPL does not hereby, and will not hereafter, warrant or make any representations concerning the accuracy of ideas, judgments, opinions, projections, analyses or estimates which any person from or agent of the GPL provides to the City (collectively, "Work Product"). The City further agrees that (i) any decision the City may make to rely on any Work Product shall be at its own risk; and (ii) neither the GPL nor any person from or agent of the GPL shall be liable to the City for, and the City shall not make any claim against any such person or agent or the GPL relating to, any claims, liabilities, losses, damages, costs or expenses of any kind which the City may at any time sustain or incur in connection with or arising out of any Work Product or the City's reliance thereon or use thereof, other than claims, liabilities, losses, damages, costs and expenses resulting from the gross negligence or intentional misconduct of any such person or agent of the GPL. Without limiting the foregoing, in no event shall the GPL or any person from or agent of the GPL be liable for any indirect, consequential, exemplary or punitive damages whatsoever in connection with claims arising under or relating to the Work Product or any other GPL services, whether based upon a claim or action of contract, warranty, negligence, strict liability, or any other legal theory or cause of action, even if advised of the possibility of such damages. Intellectual Property and Publication Rights Created Materials. The term Intellectual Property as used herein comprises works subject to copyright and inventions, whether or not patentable, including materials, notes, designs, technical data, research, reports, documentation, and other information related thereto. With reference to the GPL's services under this Work Plan, the City shall retain ownership of all relevant Intellectual Property developed and/or purchased by the City or on the City's behalf prior to the adoption of the Work Plan and of all relevant Intellectual Property developed and/or purchased on the City's behalf without the active participation of the GPL under the Work Plan. The GPL shall be the sole and exclusive owner of all rights, title, and interest in and to the Intellectual Property made, provided or created by or on behalf of the GPL under this Work Plan ("Created Materials") and any modifications to the Created Materials, including all intellectual property rights associated therewith (including without limitation any inventions, creations, and improvements whether or not patentable or copyrightable, conceived or made in connection with the performance of obligations hereunder), whether alone or with any contribution from the City or its personnel. To the extent the City or its personnel may acquire any right or interest therein by operation of law, the City hereby irrevocably assigns all such right and interest exclusively to the GPL. The GPL hereby grants to the City a fully paid, royalty -free, non-exclusive, worldwide, irrevocable, perpetual, assignable license to use, reproduce, distribute, modify, transmit, and sublicense that GPL's Created Materials in any media now known or hereafter developed.. Publication Rights. In addition to providing assistance and support to the City, a main purpose of this project for the GPL is as an opportunity to research, study and learn more about, and make publicly known lessons about the design and implementation of similar initiatives to improve government service delivery. Accordingly, the GPL and any person from the GPL who works on the project shall have the right to use, publish, and present publicly any findings and data based on or derived from Created Materials or work performed under this Work Plan; provided that no Confidential Information (as defined above) shall be disclosed in such publications or presentations. The GPL shall provide the City with an opportunity to review any such materials at least 30 days prior to submission for publication or presentation for the purpose of identifying any Confidential Information that is contained therein and should be removed; the City shall perform such review within 30 days of receipt. Publications and presentations by the GPL of general conclusions about the GPL's initiatives drawn from work with multiple jurisdictions and publications or presentations that summarize publicly available information about the City's initiatives do not have to be submitted for review. Other Intellectual Property. WWC agrees that all trademarked or copyrighted works owned by the City (including but not limited to logos, written material, photos, and other similar works provided by the City to WWC) and provided to WWC, in any media, shall remain the property of the City. To the extent that the City provides any Media Release as described below (and works contained therein) or trademarked or copyrighted works to WWC, the City represents that it owns or otherwise has obtained all rights necessary to use, reproduce, publicly perform and distribute (including the right to sublicense) all such works. WWC has the right to publicly acknowledge and announce, at its sole discretion, any relationship between WWC and the City, including a description of activities undertaken in this MOU and learnings therefrom. Publicity and Use of Names Except as provided in this Work Plan, neither the City nor the GPL may issue a press release or other public announcement about the GPL's services under this Work Plan, nor may either use any name, trademark or insignia of the other party (or of any school, department or unit of the other party) for promotional purposes or any other purposes in connection with the Work Plan, without the prior written approval of the other party. However, the GPL may state on its website that it is assisting the City. The City agrees to acknowledge Bloomberg Philanthropies, WWC and the Government Performance Lab in publications, advertising, speeches, lectures, interviews, press releases, internet web pages, and other similar activities related to this Work Plan (together, "Media Releases"). Any Media Release that refers to WWC, Results for America ("RFA"), Government Performance Lab, and/or Bloomberg Philanthropies, and all written acknowledgements, shall link to the WWC website (www.whatworkscities.org). The City shall provide copies of all Media Releases to RFA and the Government Performance Lab and obtain those parties' consent prior to publication or distribution in any format of any Media Release. Further, to the extent that the City provides Media Releases to WWC, the City represents that it owns or otherwise has obtained all rights necessary to use, reproduce, publicly perform and distribute (including the right to sublicense) all works contained or used in the Media Releases. Conflict of Interest The GPL will not, at any time during the term of the Work Plan, provide services to vendors or service providers in direct connection with the implementation by the City of the GPL's initiative or recommendations. The GPL may at any time work with and advise other states, counties, and/or municipalities that are undertaking similar projects, including other jurisdictions that may be applying for the same federal grants that the City may be applying for. The GPL may also advise the U.S. federal government and governments in other countries on strategies to advance similar innovation activities. Termination Adherence by the City to timelines and deliverables is critical to the What Works Cities initiative. If either the City or the GPL is unable to comply with the relevant timeline in this Work Plan or is unable to produce the deliverables described herein, before termination may be effective, the terminating party must provide a thirty— (30) days prior written notification to the other party of its intent to terminate, and the GPL's project may be terminated effective immediately upon expiration of that 30-day period unless the default is cured. In addition to termination as provided above, either the City or the GPL may terminate the GPL's services upon 30 days' written notice to the other. The provisions of the following sections —Confidential Information, Limitation of Liability, Intellectual Property and Publication Rights, and Publicity and Use of Names —shall survive expiration or termination of this Work Plan or any project hereunder. Notices Any notices required or provided by the terms of this MOU shall be in writing, addressed in accordance with this Paragraph, and shall be in writing and shall be sent by U.S. mail or email to the following contact individuals: City of South Bend Technical Representative: Contractual Representative: NAME Brian Donoghue NAME Brian Donoghue TITLE Director of Civic Innovation TITLE Director of Civic Innovation ADDRESS 227 W Jefferson Blvd South Bend, IN 46601 ADDRESS 227 W Jefferson Blvd South Bend, IN 46601 Ph: 3305196339 Ph: 3305196339 Email: donoghue@southbendin.gov Email: donoghue@southbendin.gov Harvard Kennedy School Government Performance Lab Technical Representative: Professor Jeffrey Liebman Director, Government Performance Lab Harvard Kennedy School 79 JFK Street Cambridge, MA 02138 Ph: 617-495-8518 Email: jeffrey_liebman@harvard.edu Headings Contractual Representative: Matthew Alper Associate Dean for Research Harvard Kennedy School 79 JFK Street Cambridge, MA 02138 Ph: 617-496-8813 Email: matthew_alper@harvard.edu The headings in this MOU are for the convenience of reference only and are not substantive parts of this MOU nor shall they affect its interpretation. Severability In the event any provision of this MOU is determined to be invalid or unenforceable under any controlling law, the invalidity or unenforceability of that provision shall not in any way affect the validity or enforceability of the remaining provisions of this MOU. Assignments This MOU shall not be assignable by either Party, in whole or in part, without the prior written consent of the other party. Counterparts This MOU contains the entire agreement between the Parties and no statements, promises or inducements made by any Party or agent of any Party that are not contained in this written MOU shall be valid or binding; and this MOU may not be enlarged, modified or altered except in writing, signed by the Parties. Effective Date This MOU shall be effective on the date that it has been signed by both Parties.. SIGNATURE PAGE TO FOLLOW Signatures The City of South Bend and the Government Performance Lab agree to fulfill the roles and responsibilities shown herein. IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly authorized representatives as of the Effective Date. City of South Bend President and Fellows of Harvard College acting through the Taubman Center for State and Local Government at the Harvard Kennedy School Signature Date Print Name: Matthew Alper Title: Associate Dean for Research Policy, and Administration APPENDIX - Harvard Kennedy School Government Performance Lab Staff Bios Jeffrey Liebman, Director of Government Performance Lab Jeffrey Liebman is the Malcolm Wiener Professor of Public Policy at the Harvard Kennedy School and director of the Government Performance Lab. Liebman teaches courses in public sector economics and American economic policy. In his research, he studies tax and budget policy, social insurance, poverty, income inequality, public sector management, and social innovation. Over the past four years, his Government Performance Lab has provided pro bono technical assistance to twenty state and local governments. He also directs the Kennedy School's Taubman Center for State and Local Government and Rappaport Institute for Greater Boston. During the first two years of the Obama Administration, Liebman worked at OMB, first as Executive Associate Director and Chief Economist and then as Acting Deputy Director. From 1998 to 1999, Liebman served as Special Assistant to the President for economic policy and coordinated the Clinton Administration's Social Security reform technical working group. Liebman received his BA from Yale University and his MA and PhD in economics from Harvard. Greg Wass, Senior Advisor Greg Wass is a Senior Advisor to the Harvard Kennedy School Government Performance Lab. Greg was formerly Senior Advisor and Chief Information Officer in the Office of the Illinois Governor, and has served in executive positions for Cook County, Illinois, the City of Chicago and the City of Alexandria, Virginia. He was the state lead on Illinois' SIB Lab project to increase support for at -risk youth who are involved in both the child welfare and juvenile justice systems. He co-chaired the Illinois Human Services Commission and led the implementation of Budgeting for Results — the state's performance reporting and budgeting framework. Greg has been a pioneer nationally in open government, with open data initiatives at Cook County and on a regional level, and led planning and implementation of IT governance, enterprise architecture, health information exchange, state-owned broadband and IT shared services. In 2012, Greg was recognized by Government Technology magazine as one of the nation's top "doers, dreamers and drivers" in public sector innovation. He has taught public policy and administration courses as an adjunct professor at Northwestern University and the University of Illinois. Greg holds a B.A. in economics from Northwestern University and an M.A. in urban and quantitative economics from the University of Illinois. Jen North, Assistant Director Jen North is an Assistant Director with the Harvard Kennedy School Government Performance Lab.. She helps lead the GPL's work on Bloomberg Philanthropies' What Works Cities initiative and has supported a number of cities in implementing results -driven contracting strategies. Jen has also supported the launch of the DC Water and Sewer Authority's Environmental Impact Bond. Previously, Jen held roles at The Nielsen Company and PE International. Jen holds a BA in Political Science from Miami University and an MPP from Harvard Kennedy School. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date Name 5-6-19 Brian Donoahue Department Innovation BPW Date 5-14-19 Phone Extension 7652 . ................ Required Prior to Submittal to Board Legal ® Attorney Name Kennedy Controller ® Controller review is required for all Contracts $5,000.00 or more anc greater than one year in length per the City Purchasing Policy Purchasing Check the N Agreement Professional Services Bid Opening ❑ Quote Opening Change Order No. D Ease/Encroach. 0 Other: iroprlate Item Type Contract ❑ Resolution ❑ Bid Award ❑ Quote Award ❑ C/O & PCA No. E] Traffic Control for All Submissions I Proposal ❑ Addendum ❑ Req. to Advertise ❑ Title Sheet ired Information Company or Vendor Name Harvard Kenned New Vendor Z Yes No MBE/WBE Contractor MBE E] WBE MBE/WBE Contractor Requested ❑ No ❑ Yes Project Name Project Number .......... Funding Source�.�._._._........... Account No. Amount ❑ PCA ,nooi +government-ertormance If Yes, Approved by Purchasing Name of Company Terms of Contract 5/20/2019 — 5/20/2020 ..._._ ............................... .......__---------------- t Purpose/Description MOU for free technical assistance related o shared mobilit programs ® Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Vent Iran, etc. Required For Change Orders Only Amount of F] Increase $ ❑ Decrease Previous Amount $ .$....................���—..............__._.......................... Current Percent of Change New Amount Total Percent of Change: Dispersal After Approval Copy Original ® ❑ Denise Reidl ® ....................................... ❑ Sonja Karnovsky ® ......... .................................................. ............................. ❑ Brian Donoghue