HomeMy WebLinkAboutPSA - Majora Carter Group - Inclusive Revitalization Advisory Board & Action Plan1316 COUNTY -CITY BUILDING 0 QJ
227 W. JEFFERSON BOULEVARD"
SOI ITH BEND_ INDTANA 46601-1 R30 S
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CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD F PUBLIC WORKS
November 12, 2019
Majora Carter Group, LLC
901 Hunts Point Ave., 2nd Floor
Bronx, NY 10474
RE: Professional Services Agreement
Dear Majora Carter Group:
PHONE 574/235-9251
FAx 574/235-9171
The Board of Public Works, at its meeting held on November 12, 2019, approved the above
referenced agreement in the amount not to exceed $30,000.
Enclosed please find the original of the advisory board action plan to define demonstration
projections in inclusive, incremental revitalization 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,
Linda M. Martin, Clerk
Enclosure
GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA
AND MAJORA CARTER GROUP LLC
THIS AGREEMENT is made effective the 12th day of November 2019 by and
between the City of South Bend, Indiana, a municipal corporation organized and operating under
the laws of the State of Indiana, acting by and through its Board of Public Works ("City") and
Majora Carter Group, LLC, a Delaware limited liability company ("Contractor").
RECITALS
WHEREAS, Contractor has experience and expertise as an urban revitalization specialist
that the City believes may benefit certain City initiatives; and
WHEREAS, the City desires to retain the services of Contractor to develop an inclusive
revitalization strategy related to real estate development in low status neighborhoods, and
Contractor is willing to assist the City in its efforts; and
WHEREAS, the City has determined that it is in the best interests of the City to retain
Contractor's services and Contractor desires to provide such services to the City under the terms
and conditions set forth in this Agreement.
NOW THEREFORE, for and in consideration of the mutual covenants and promises
contained herein, the City and Contractor hereby agree as follows:
Section 1. Duties of the Contractor. The Contractor shall provide the Services
which are more particularly described at Exdz,ihit "A"' attached hereto and incorporated herein.
The Contractor shall execute its responsibilities by following and applying at all times the
highest professional and technical guidelines and standards.
Section 2. Consideration. The Contractor will be paid within thirty (30) days of the
City's receipt of an undisputed invoice a total amount not exceed Thirty Thousand Dollars
($30,000). Any payment that the City may deny or withhold or delay shall not be subject to
penalty or interest under Indiana Code § 5-17-5.
Section 3. Term (and Renewal Option, if Applicable This Agreement shall be
effective for a period commencing on November 12, 2019 ("Effective Date") and shall end no
later than December 31, 2019 ("Expiration Date").
The Parties may mutually agree in writing to extend the term of this Agreement for an additional
period of time after the Expiration Date, subject to the same terms and conditions set forth in this
Agreement, unless otherwise mutually agreed by the Parties in writing.
Section 4. Assignment; Successors. The Contractor shall not assign or subcontract
the whole or any part of this Agreement to any other person or entity without the prior written
consent of the City.
Section 5. Changes in Scope of Services. The Contractor understands and agrees
that it shall not commence any additional work or change the scope of the Services provided
unless authorized in writing by the City. No claim for additional compensation shall be made by
Contractor in the absence of prior written approval of the Parties.
Section 6. Governing Law; Jurisdiction; Compliance with Laws. This Agreement
shall be construed and interpreted according to the laws of the State of Indiana without regard to
conflicts of laws statutes. Any dispute arising under the terms of this Agreement shall be filed in
any court of competent jurisdiction in St. Joseph County, Indiana. Contractor agrees to comply
with all applicable federal, state and local laws, rules, regulations and ordinances, and all
provisions required thereby are hereby incorporated herein by reference. Contractor shall comply
with federal, state and local law in its hiring and employment practices and policies for any
activity covered by this Agreement. Further, the City shall not be required to pay for Services
that are inconsistent with or in violation of this Agreement nor for any Services performed in
violation of federal, state or local statute, ordinance, rule or regulation
Section 7. Relationship/Independent Contractor. Both parties, in the performance
of this Agreement, shall act in an individual capacity and not as agents, employees, partners,
joint venturers or associates of one another. The employee(s) or agent(s) of one party shall not
be deemed or construed to be the employee(s) or agent(s) of the other party for any purpose
whatsoever. Neither party will assume liability for any injury (including death) to any person(s),
or damage to any property, arising out of the acts or omissions of the agents, employees or
subcontractors of the other party.
Contractor is solely responsible for compliance with federal, state and local laws and
regulations relating to taxes and social security payments that may be required to be made in
connection with the compensation provided under this Agreement. The City, however, may file
informational returns with the United States Internal Revenue Service or similar state agency
regarding payment made to Contractor in accordance with this Agreement under conditions
imposed by federal, state or local laws applicable to such payment. The City shall provide IRS
Form 1099, if applicable.
Section 8. Entire Agreement. This Agreement sets forth the entire agreement and
understanding between the Parties as to the subject matter hereof, and merges and supersedes all
prior discussions, agreements, and understanding of any and every nature between them.
Section 9. Funding Cancellation and Payments. In accordance with I.C. 36-1-12.5-
5(d)(4), payments by the City are subject to annual appropriation by its fiscal body. When the
City makes a written determination that funds are not appropriated or otherwise available to
support continued performance of this Agreement, this Agreement shall be cancelled. A
determination by the City that funds are not appropriated or otherwise available to support
continuation of the performance shall be final and conclusive.
Section 10. Termination. This Agreement may be terminated, in whole or in part, by
the City whenever, for any reason, the City determines that such termination is in the best
interest of the City. Termination shall be effected by delivery to the Contractor of written notice
at least thirty (30) days prior to termination effective date, specifying the extent to which
performance of services must cease. The Contractor shall be compensated for satisfactory
performance prior to the notice date of termination but in no case shall total payment made to
Contractor exceed the original consideration set forth in the Agreement.
Section 11. Non -Collusion and Acceptance. The undersigned attests, subject to the
penalties for perjury, that he/she is the Contractor, that he/she has not, directly or indirectly, to
the best of the undersigned's knowledge, entered into or offered to enter into any combination,
collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of
money or other consideration for the execution of this Agreement other than that which appears
upon the fact of this Agreement.
Section 12. E-Verify. The Contractor affirms under the penalties of perjury that
he/she/it does not knowingly employ an unauthorized alien. The Contractor shall enroll in and
verify the work eligibility status of all his/her/its newly hired employees through the E-Verify
program as defined in IC 22-5-1.7-3. The Contractor shall not knowingly employ or contract
with an unauthorized alien. The Contractor shall not retain an employee or contract with a person
that the Contractor subsequently learns is an unauthorized alien.
The Contractor is not required to participate in the E-Verify program should the E-Verify
program cease to exist. Additionally, the Contractor is not required to participate if the
Contractor is self-employed and does not employ any employees.
The City may terminate for default if the Contractor fails to cure a breach of this provision no
later than thirty (30) days after being notified by the City.
Section 13. Minority and Women's Enterprise Diversity Development. Persons,
partnerships, corporations, associations, or joint venturers awarded a contract by the City of
South Bend through its agencies, boards, or commissions shall not discriminate against any
employee or applicant for employment in the performance of a City contract with respect to hire,
tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly
related to employment because of race, sex, religion, color, national origin, ancestry, age, or
disability that does not affect that person's ability to perform the work.
In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials,
or any combination of the foregoing including, but not limited to, public works contracts
awarded under public bidding laws or other contracts in which public bids are not required by
law, the City, its agencies, boards, or commissions may consider the Contractor's good faith
efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority
Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the
lowest, responsible, responsive bidder.
In no event shall persons or entities seeking the award of a City contract be required to award a
subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said
WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board
shall prohibit that person or entity from being awarded a City contract for a period of one (1)
year from the date of such determination, and such determination may also be grounds for
terminating the contact for which the discriminatory practice or noncompliance pertains.
Notwithstanding the foregoing, the award and performance of all City contracts shall comply
with applicable federal, state, and local laws.
Section 14. Non -Discrimination. The City of South Bend is committed to ensuring
equality of opportunity and does not exclude, deny the benefit of, or otherwise subject any
person to discrimination in any City program, service or activity on the basis of race, color,
national origin, sex, age or disability. Contractor agrees to comply with and to act consistently
with this policy in the performance of Contractor's duties.
Section 15. Drug -Free Workplace. The Contractor hereby agrees to make a good
faith effort to provide and maintain a drug -free workplace. The Contractor will give written
notice to the City within ten (10) days after receiving actual notice that the Contractor has been
convicted of a criminal drug violation occurring in the workplace.
IN WITNESS WHEREOF, the Parties hereto, through their duly authorized
representatives, have caused this Agreement to be executed as of the day and year first written
above. The parties have read and understand the foregoing terms of this Agreement and do, by
their respective signatures hereby agree to its terms.
(Remainder of page intentionally left blank)
Majora Carter Group, LLC
By:
Printed:
Title:
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC.' RKS
J1401-11 -1 -------
Gary Gilot, Oresident
Therese Doran, Member
Elizabeth Maradik, Member
Gen" ve�Miller, Me c,
ura O'Sullivan, Member
,,A'r' TEST:
'' da Martin, Cler
EXHIBIT A
MCG Scope of Services
Problem Statement:
"Nobody should have to move out of their neighborhood to live in a better one."
The City of South Bend has experienced unprecedented success in its revitalization efforts;
especially, the city has experienced a tremendous revitalization of the downtown and
neighborhoods surrounding the University of Notre Dame. Still, the city's post-industrial legacy
lends to high generational poverty rates, high vacancy and blight rates, and immense racial and
environmental justice disparities. The city's westside neighborhoods are historically African
American and immigrant communities that continue to be economically disenfranchised.
The City of South Bend values diversity and inclusion and looks to become a city in which all
boats rise with the tide and no neighborhood or demographic is left behind. The 2018 Prosperity
Now report, and the subsequent Westside Qualitative Study further inform the need for more
inclusive and place -based interventions that honor and recognize legacy residents voice, vision,
and personal agency. In fact, residents can benefit from a collaborative leadership process that
define a vision and plan for inclusive revitalization efforts on the westside that encourages social
enterprise through incremental development strategies.
City Goals.
1. Create an inclusive, thriving local economy for the people in target areas
a. Incentivize levels of "affordability" in housing through missing middle incremental
development strategies
2. Develop small business development ecosystem to support minority entrepreneurs and
aspiring developers
3. Develop a long-term action plan to inclusive implementation of the Westside Main
Streets Plan
:Lqr,gqt.Area:
Westside Corridors (Sherman/Harrison, Portage, Linden, Lincolnway)
Target Goals:
Legacy resident engagement, minority and women small business development, incremental
development (mixed -use and missing middle infill development)
MCG Proposed Scope of Work
2 Month Timeline:
• Advisory Board Development
GOAL: Galvanize Local stakeholders to see the value of staying and/or coming back home
because all parts of South Bend should be engaging places to be.
HOW MCG WILL HELP: MCG's Advisory Board process allows stakeholders to invest time
in the future of their community to help define its future path.
"Self -gentrification is development by us (people of color) and for us, it's not
gentrification. It's for us."
The MCG Advisory Board model (AB) creates important feedback venues to collect opinions, real
concerns among the broader community, and generate fresh ideas and perspectives. Advisory
Boards bring together disparate voices within a geographic area comprised of business owners,
residents, and informal networks of local influencers who do not generally fall into the scope of
established NGOs.
With City of South Bend support, MCG will assemble a list of existing and potential partners.
Through discussions and surveys with select partners, MCG will analyze opportunities and local
dynamics to better understand how successful linkages between City of South Bend and local
stakeholders can be leveraged. Surveys will be created by MCG, based on intel from and
approved by the City of South Bend representatives.
Additionally, as a way to cement the position of the City of South Bend as convener and
proactive partner with the AB (as well as those who are observing its progress), it is advised that
we work with the City of South Bend to shepherd the development of the South Bend Common
Council's proposals. These will all be highly visible projects that City of South Bend can work on
with the Advisory Board to meet a specific community -determined need/aspiration.
(Proposed Tirnefr Mg ±Ddv�
1) (Weeks 1) Discovery Phase: In -person meeting/tour with City of South Bend team
2) (Month 1) Based on "Partnership Proposals" received by the City of South Bend thus far, MCG
will analyze content, related assets, and begin building a list of potential AB Members.
3) (Month 2) Conduct a survey of assembled contacts to gather additional information, analyze.
4) (Month 2) Support City of South Bend and AB to determine the most viable and appropriate
catalytic demonstration projects supporting the intersection between sustainable development
and social equality to be developed by each community.
a) MCG will work directly with the City of South Bend to develop a feasible scope to
inform the development of catalytic demonstration projects. This will include parameters such as
cost, general project type and please note, this does not have to be cost -prohibitive in order to
be impactful. Depending on the outcomes of surveys and initial research, there will be low- and
no -cost options to explore.
i) For example, the following are types of long-term goals for South Bend that
could influence the short-term goals created by the community through the AB process:
(1) Create a thriving local economy for the people in underperforming areas
(2) Democratize public space
(3) Protect diverse levels of "affordability" in housing, from low-income to various
levels of "workforce" housing, to market rate.
GOAL: MCG will support the design of an economic development plan for South Bend's target
area based on the proposals received via the South Bend Common Council process.
HOW MCG WILL HELP : Based on a combination of Advisory Board findings as well as MCG's
research into local and regional economic drivers, MCG will design an economic development
strategy for the City of South Bend that will incorporate the goals of retaining, attracting and
supporting local successful individuals to consider the study area as a desirable place to live,
work and play.
We will develop a series of economic recommendations that City of South Bend can use to
advocate for public and private financing to create a thriving community.
Costs
2019 - $30,000
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date November 5, 2019
Name Alkeyna Department DCI
BPW Date November 12, 2019 Phone Extension 5896
............. . ........... ....
. . .... ... . ............... . . Required Prior to Submittal to Board
Legal Z Attorney Name Sandra Kennedy
Controller Z 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 0
Check the
[A Agreement
F-1 Professional Services
F1 Bid Opening
El Quote Opening
F-1 Change Order No.
n Ease/Encroach.
iroriate Item Ty
Contract
Resolution
0 Bid Award
F Quote Award
E:1 C/O & PCA No.
El Traffic Control
for All Submissions
F—
Proposal Addendum M --
El Req. to Advertise D Title Sheet
E:1 PCA
Other:
. . . . ..............
RecLuilred Information
Company or Vendor Name
Majora Carter Group (MCG)
New Vendor
E Yes El No El If Yes, Approved by Purchasing
MBEMBE Contractor
E MBE ® WBE
Project Name
Inclusive Revitalization Advisory Board & Action Plan
Project Number
Funding Source
Redevelopment General (Poka o�n
Account No.
433.1050-460.39-30
Amount
30,000 (up to)
Terms of Contract
November 22, 2019- Dec.'3_f, 20-19
Purpose/Description
. ... ......
MCG will lead an Advisory Board process to define demonstration
projections in inclusive, incremental revitalization.
E Required Contractor's Certification Form Attached (Non-
. ... . ..............
Collusion, Non -Discrimination, Non -Debarment, E-Verifv, Iran, etc.)
Amount of ❑ increase $
Decrease $
Previous Amount
Current Percent of Change:
New Amount
Total Percent of Change:
Copy
Original
Z
Z
Z
F1
Z
El
%
Dispersal After Approval
Alkeyna Aldridge
Amanda Pietsch
Daniel Parker