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HomeMy WebLinkAboutPSA - Support for Bloomberg Mayors Challenge Phase 2 of Commuters Trust Program - Lynn WetzelH 1316 COUNTY -CITY BUILDING ��J� PHONE 574/ 235-9251 227 W. JEFFERSON BOULEVARD IP! FAX 574/ 235-9171 SOUTH BEND_ INDIANA 46601-1 930 ��f� k1 ,! 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARDOF PUBLIC WORKS December 19, 2019 Ms. Lynn Wetzel 525 E. Colfax Ave. #204 South Bend, IN 46617 RE: Professional Services Agreement Dear Ms. Wetzel: The Board of Public Works, at its meeting held on December 19, 2019, approved the above referenced agreement for the support for Bloomberg Mayors Challenge, Phase 2 of Commuters Trust Program in the amount of $58,000. 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 GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU EXHIBIT A Services Description: Operations Support, Bloomberg Mayors Challenge About the L31ooi lb rg Mir orsCliallegge The Mayors Challenge is a competition organized by Bloomberg Philanthropies that calls on cities to identify bold solutions that address the toughest problems facing cities today -- issues like public transportation, homelessness, climate change, housing shortages and cost of living. South Bend was selected out of over 300 cities as one of 35 "Champion Cities" and spent 6 months piloting different solutions to overcome transportation as a barrier to stable employment. In October of 2018, South Bend was selected as one of nine winners to the Bloomberg Mayors Challenge. South Bend will receive $1 million to continue refining solutions to transportation barriers over the next three years. About South Bend's, :`(,) n1a'Lrtc1s Trust P�qo )rni n Since winning the $1 million prize, the City of South Bend has begun to pilot additional transportation services in partnership with local employers. In September 2019, the City launched the next phase of the program under the name Commuters Trust. Several area employers have committed to participate in phase 1 of Commuters Trust, providing discounted rideshare rides and bus transit passes to enrolled employees. Phase 1 runs through Dec. 31, 2019. In the next Phases of the grant, beginning in 2020, the City intends to scale the prograin and develop a plan for sustainability, without relying on the City of South Bend as the sole actor in its success. Over the next two years, Commuters Trust will incubate and accelerate the idea to the point where a clear path has been developed for an independently sustainable entity. The program will evolve the transportation solutions offered and engage an increasing number of employers and community partners to reach more employees and residents. Ultimately, by providing transportation as a benefit for employees, South Bend will build a stronger, more resilient local economy. Services Provided Commuters Trust is at an inflection point, preparing to scale to additional employers while also evolving the transportation solutions available to participants. The Consultant will play a pivotal role in moving from the initial pilot phase into scalable, sustainable operations. The Consultant will work directly with the Founding Director to deliver transportation and commuter benefit programs at local employers and partners. The Consultant will manage participant enrollment, data collection, participant support, feedback collection, and continuous improvement. The Consultant has responsibility for ensuring the efficient and effective operation of the commuter benefit program while providing input to ongoing decision making about the future of the program. Duties and eonsilalities This list represents the types of duties required by the Consultant, but should not be interpreted as comprehensive: • Work closely with the Founding Director to design and implement sustainable, scalable operational processes to deliver programs • Implement technologies to support the operational processes designed, such as data collection tools, mass communication tools, and benefit management tools • Collect stakeholder and participant feedback on program operations and implement improvements • Support data collection, analysis, and reporting for employer and partner engagement • Develop and produce written reports to evaluate and communicate the outcomes of the program to internal and external stakeholders • Provide input to decision making about the future of the program AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND LYNN WETZEL THIS AGREEMENT is made effective the 6th day of January 2020 by and between the City of South Bend, Indiana (the "City"), a municipal corporation organized and operating under the laws of the State of Indiana, acting by and through its Board of Public Works (the "Board") for the benefit of its Department of Innovation & Technology (the "Department") and Lynn Wetzel, an individual (the "Consultant"), and each a "Party" and together the "Parties". RECITALS WHEREAS, the City has been awarded a grant from the Bloomberg Foundation, a portion of which will be used to fund a position that will support the delivery of the City's innovative transportation initiative (the "Project"); and WHEREAS, the Department has identified the Consultant as a person with the experience and expertise necessary to fulfill the requirements of the position; and WHEREAS, the Board, upon the advice of the Department, desires to retain the services of the Consultant to support and advance the Project, and the Consultant is willing to assist the City in its efforts; and WHEREAS, the Department has determined that it is in the best interests of the City to retain Consultant's services and Consultant desires to provide such services to the City under the terns and conditions set forth in this Agreement. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the City and Consultant hereby agree as follows: Section 1. Duties of the Consultant. The Consultant shall provide the Services which are more particularly described at Exhibit "" " attached hereto and incorporated herein. The Consultant certifies that she has sufficient experience and expertise to complete the Services and will shall execute her responsibilities by following and applying at all times the highest professional and technical guidelines and standards. The Consultant understands and agrees that she 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 Consultant in the absence of prior written approval of the Parties. Section 2. Project Information. The Department shall provide reasonable access to, and use of, any computers, software, technology, and other tools, as well as all documents, reports, and other data necessary for the Consultant to accomplish the Services. The Parties agree that the City shall be permitted to obtain at no additional cost and to retain any and all documents prepared or caused to be prepared by the Consultant in connection with the Services, and the Consultant agrees to provide the City with said documents upon request. Said documents may be used by the City or others with respect to the City's reporting requirements and other purposes with respect to the Project. The Board hereby designates the Chief Innovation Officer or her designee to serve on behalf of the Board as the Consultant's principal point of contact for purposes of this Agreement. The Chief Innovation Officer or her designee will be responsible for the provision of relevant information to the Consultant concerning the Project and the Services to be rendered by the Consultant in connection with the Project. Section 3. Consideration. The Consultant will be paid bi-weekly in equal installments of approximately Two Thousand Two Hundred Seventy -Seven Dollars and 77/100 ($2,230.77), and the total consideration under this Agreement shall not exceed the sum of Fifty - Eight Thousand Dollars ($58,000.00). 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 4. Term and Renewal Option. This Agreement shall be effective for a period of twelve (12) months commencing on January 6, 2020 ("Effective Date") and shall end no later than January 5, 2021 ("Expiration Date"). Section 5. Assignment; Successors. The Consultant 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 6. 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. Consultant 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 Consultant 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 7. Confidentiality. The Consultant acknowledges that information which the City regards as confidential or proprietary in nature (the "Information"), may come to the knowledge of the Consultant during the Consultant's performance of services. The Consultant shall treat the Information as strictly confidential and agrees that the Consultant will not, at any time or in any manner, either directly or indirectly, (i) use, or allowed to be used, any Information for the Consultant's own benefit or the benefit of any director, official, employee, or agent or any third party, or (ii) divulge, disclose, or communicate in any manner any Information to any third party without the written consent of the City. The Consultant shall be responsible for maintaining the confidentiality of any Information in his possession, including taking appropriate measures to secure said Information against such uses and dissemination and to inform any person to which he allows to access such information of its confidentiality. Notwithstanding anything to the contrary contained in this Agreement, the Parties will adhere to their respective obligations under the Indiana Access to Public Records Act, and nothing herein will be construed to relieve either Party of such obligations. The confidentiality provisions of this Agreement remain in full force and effect after, and survive the termination of, the Term of this Agreement. Section 8. Indemnification. The Consultant hereby agrees to defend, indemnify, and hold harmless the City, its officials, members, employees, and agents from any and all claims of any nature which arise from the performance by the Consultant under this Agreement and from all costs and attorney fees in connection therewith, excepting for claims pertaining to this Agreement that arise out of the negligence or intentional acts of the City, its officials, members, employees, and agents. The obligations of the Parties under this Section shall survive the termination of this Agreement. 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 affected by delivery to the Consultant of written notice at least thirty (30) days prior to termination effective date, specifying the extent to which performance of services must cease. The Consultant shall be compensated for satisfactory performance prior to the notice date of termination but in no case shall total payment made to Consultant exceed the original consideration set forth in the Agreement. Section 11. Counterparts. This Agreement may be executed in counterparts, all of which shall be deemed originals. Section 12. 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. The Consultant 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. Consultant 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 13. Non -Collusion and Acceptance. The undersigned attests, subject to the penalties for perjury, that he is the Consultant, that he has not, directly or indirectly, to the best of his knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he 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 14. E-Verify. The Consultant affirms under the penalties of perjury that he does not knowingly employ an unauthorized alien. The Consultant shall enroll in and verify the work eligibility status of all his newly hired employees, if any, through the E-Verify program as defined in IC 22-5-1.7-3. The Consultant shall not knowingly employ or contract with an unauthorized alien. The Consultant shall not retain an employee or contract with a person that the Consultant subsequently learns is an unauthorized alien. The Consultant is not required to participate in the E-Verify program should the E-Verify program cease to exist. Additionally, the Consultant is not required to participate if the Consultant is self-employed and does not employ any employees. The City may terminate for default if the Consultant fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. Section 15. 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 Consultant'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 16. 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. The Consultant agrees to comply with and to act consistently with this policy in the performance of the Consultant's duties. Section 17. Drug -Free Workplace. The Consultant hereby agrees to make a good faith effort to provide and maintain a drug -free workplace. The Consultant will give written notice to the City within ten (10) days after receiving actual notice that the Consultant has been convicted of a criminal drug violation occurring in the workplace. Section 18. No Waiver. No failure or delay on the part of either Party in exercising any right under this Agreement will operate as a waiver of, or impair, any such right. No single or partial exercise of any such right will preclude any other or further exercise thereof or the exercise of any other right. No waiver of any such right will have effect unless given in a written document signed by the Party waiving such right. No waiver of any right will be deemed a waiver of any other right hereunder. Section 19. 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. (Remainder of page intentionally left blank) 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. Lynn Wetzel 62� Date: /.:�/' / / CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS 4 Gilot President Gars' , Maradik, Member Ge vieve Miller, Me aura O S ' ullivan ember , fiT "ST: tinda Martin, C'le Date: Dec. 19, 2019 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 12/16/2019 Name Brian Dono huue Department Innovation & Technolo BPW Date 12/19/2019 Phone Extension 7652 hmsmhh mmmiiiiii ., �0l, !'IW MV I M P@IWIWMIIill n -...�....... ............... Re paired Pnor to Submittal to Board �.._._- _._.._.. _-...... BPW Attorney E, Attorney Name Dept. Attorney Attorney Name Sandra Kenneth PurchasingEl �.�.................... ......w � ..�...�.�_.���_�_._......_-w �.__... �....������. ....- ..... ... .. ._ ..__ ._.w.. ._.- _ __......_ .0 Check the Appropriate opriate Item TTTTTT�ew Required for All Submissions -.. Professional Services Agreement 0 Contract -__.. _ _...... ❑ Proposal ❑ Open Market Contract ❑ Amendment/Addendum Special Purchase, QPA ❑ Bid Opening Bid Award ❑ Req. to Advertise ❑ Title Sheet Quote Opening El Quote Award ❑ Reject Bids/Quotes Proposal Opening [:] C/O & PCA No. PCA ❑ Chg. Order, No. F] Traffic Control Resolution ❑ Other: Ease./Encroach Reauired Information Company or Vendor Name 17 We Yes If Yes, Approved by Purchasing New Vendor No MBE/WBE Contractor MBE Completed E-Verify Form Attached ❑ Nos Project Name Bloomberg Mayors Challengem _...... ................. Project Number n/a _ITm-._ ............�� _ Ar �.................... D Bloomberg Mayors Challenge wad - Gift, �,Bequest Fund Funding Source 217 Account No. 217-0674-415-31.06 Amount $58,000 Terms of Contract 1/6/2020 - 1/5/2021 ._ ....__..... ......... Purpose/Description .. --- - ... ........ ........ Provide operational support for Bloomberg Mayors Challenge including delivery of Phase 2 of Commuters Trust program .._� ..._. _._ . ITITITIT._�� .. For Change Orders -O..�.a ly .._� IT_. Amount of Increase $ ❑ Decrease ($ Previous AmountWWWW _. $ __........ WWWWWWWWW Increase % Current Percent of Change: Decrease %) New Amount $ _._..................���� ............ .w....... o.........��_.......... _ Increase /o Total Percent of Change: Decrease %) Time Extension Amount: New Completion Date: