HomeMy WebLinkAboutPSA - Inclusive Economy Community Development & Technical Assistance - Majora Carter GroupAGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA
AND MAJORA CARTER GROUP
THIS AGREEMENT is made effective February 25, 2020 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 Department of Administration and Finance
("City") and Majora Carter Group, an individual ("Contractor").
RECITALS
WHEREAS, Contractor has experience and expertise in program development,
community organizing, and public transit administration 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 i�'xlziiiit ""r,lL" 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 as set forth at Exhikit t—"A_'.
The total consideration under this Agreement shall not exceed the sum of Eighty Thousand
Dollars ($80,000). 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 February 25, 2020 ("Effective Date") and shall end no later
than December 31, 2020 ("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 S_ C hanuPc in Sronr of Srrvire.c. The. C'nntrartor iinder.ctands and acrrep..0
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.
(Ne►nainder of page infenlionully left blank)
NIa ora Carter N a ora Carter Group CITY OF SOUTH BEND, INDIANA
.. BOARD OF I'I., BIM('., "l�w°OR's
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Majora Carter
Peep rphVjwga
Member
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Member
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I i dau Martin, Clerk
MCG Scope of Services
'Nobody- should have to move our 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 tau` the downtown and
neighborhoods surrounding the university of Notre 'Dame. Still, the city's postindustrial legacy
tends 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 NospeTity
Nov 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 ►vestside that encourages social
enterprise through incremental development strategies.
! ,J'I )a goals:
1. Build the capacity of emerging community developers to implement and sustain private
development goals in low -status neighborhoods and target areas.
2. Develop a resident -led strategy to promote an inclusive, thriving local economy for the
people in targeted low -status neighborhoods with a particular focus on formerly thriving
minority commercial nodes and corridors (e.g. Linden Ave./Shertrran Harrison Node)
3. Develop small business development ecosystem to support minority entrepreneurs and
aspiring developers
4. Develop a long-term action plan to address policy, programmatic, and ecosystem gaps to
improve inclusive development outcornes
Westside Corridors (e.g. Linden Ave., Lincoln way Sherman/Harrison Node, Portage Ave.)
Scope of Work
1. Inclusive Economy Technical Assistance Cohort
GOAL: Galvanize local community developers to see the value of staying and/or investing in
low -status because all parts of South Bend should be engaging places to be, as well as, support
the organizational capacity of cohort members to execute private, small scale development
demonstration projects in city -target zones.
The MCG Technical Assistance Cohort will create important a much -needed feedback
mechanism to collect opinions, real concerns, and market/ecosystem gaps that create barriers for
emerging and existing community developers working in low status neighborhoods. It will
generate fresh ideas and perspectives to understand how these entities build capacity to execute
and sustain development projects, as well as, how to appropriately conduct business with the
City.
Each cohort member will receive a monthly phone call with MCG and be required to attend
quarterly organizational capacity building workshops and quarterly follow-up meetings with the
Common Council.
For each meeting with a project/team, MC-Cx-w.ill-p>rQvidc written-rrestmmendations_and_next
�� li i y, The City will maintain contact with the project/team in order to facilitate the
completion follow up activities. MCG and the City will communicate on a monthly basis on the
progression of each project/team and determine what off site communication is appropriate to
help the project move forward between quarterly in person visits.
The quarterly in -person reporting schedules is as follows:
• March 24, 2020 5:30 pm-7:30 pm- Cohort & Process Introduction
• June 23, 2020 5:30 pm-7:30 pm - Cohort Update
• September 22, 2020 5:30 pm-7:30 pm - Cohort Update
• December 15, 2020 5:30 pm-7:30 pm - Final Report & Recommendation on an
Inclusive Economy Development Strategy
Inclusive Economy ' , gllment Strategy
GOAL: MCG will support the design of an inclusive economic development plan for South
Bend's neighborhoods based on the lessons learned, barriers and gaps identified through the
various demonstration proiects of the technical assistance cohort.
HOW MCG WILL HELP: Based on a combination of 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 low status neighborhoods as a desirable place to live, work
and play.
We will also 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
2020 - $80,000
When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit.
CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT,
CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY
VERIFICATION, NON-DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE
OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS
(Must be completed for all quotes and bids. Please type or print)
STATE OF
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The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that:
1. Contractor has not, nor has any other member, representative, or agent of the firm,
company, corporation or partnership represented by him, entered into any combination, collusion
or agreement with any person relative to the price to be bid by anyone at such letting nor to
prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid
is made without reference to any other bid and without any agreement, understanding or
combination with any other person in reference to such bidding. Contractor further says that no
person or persons, firms, or corporation has, have or will receive directly or indirectly, any
rebate, fee, gift, commission or thing of value on account of such sale; and
2. Contractor certifies by submission of this proposal that neither contractor nor any of its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency;
and
3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in
investment activities in Iran.
a. For purposes of this Certification, "Iran" means the government of Iran and any agency or
instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from
time -to -time.
b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is
engaged in investment activities in Iran if either:
i. Contractor, its successor or its affiliate, provides goods or services of twenty million
dollars ($20,000,000) or more in value in the energy sector of Iran; or
ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty
million dollars ($20,000,000) or more in credit to another person for forty-five (45)
days or more, if that person will (i) use the credit to provides goods and services in
Non -Collusion Non -Debarment Affidavit Non Iran Form 2016
the energy sector in Iran; and (ii) at the time the financial institution extends credit, is
a person identified on list published by the Indiana Department of Administration.
4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain
any employee or contract with a person that the Contractor subsequently learns is an
unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility
status of all of Contractor's newly hired employees through the E-Verify Program as defined by
I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify
Program is included and attached as part of this bid/quote; and
5. Contractor shall require his/her/its subcontractors performing work under this public
contract to certify that the subcontractors do not knowingly employ or contract with an
unauthorized alien, nor retain any employee or contract with a person that the subcontractor
subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is
participating in the E-Verify Program. The Contractor agrees to maintain this certification
throughout the term of the contract with the City of South Bend, and understands that the City
may terminate the contract 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.
6. 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, gender expression, gender identity, sexual orientation 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.
7. The undersigned contractor agrees that the following nondiscrimination commitment
shall be made a part of any contract which it may henceforth enter into with the City of South
Bend, Indiana or any of its agencies, boards or commissions.
Non -Collusion Non-Debannent Affidavit Non Iran Form 2016
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its are true and correct,
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County of Resident
RM MIS
OPINION OF PROGRAM ADMINISTRATOR* THAT MWBE GOAL SETTING UNDER
SOUTH BEND MUNICIPAL CODE CHAPTER 14.5 IS NOT REQUIRED
Date: February 20, 2020
Dateof Board tit Public -Works o % her._ ov n a � y I t t .tlb: BPW Feb. 25, 2020
ortrl?gcty car errdr: Majora Carter Group
City Department: DCI
Cry l.!rgJgct M_gLiggg;: Alkeyna Aldridge
o1a a at f 9ttlare tc ° C;" agL-1 ~t: not to exceed $80,000 .
ro: Inclusive Economy Community Development Technical Assistance
I easonfor Ch tCtog LLQ f 1 c C pgl q[t%ta,g,: The project requires the contractor to build capacity of minority
community realty developers to complete demonstration projects in the economically disenfranchised
Western Corridor area, and to develop a small business ecosystem to support minority entrepreneurs in
that area. The contractor has specialized, unique skills in this service, and this is essentially a "sole
source" contract. Moreover, the contractor is female/black, although not a certified MWBE.
Conclusion: No goals due to lack of certified MWBE's.
Additional Comments:
I hereby certify that the above project does not require goal setting under the terms of South
Bend's Inclusive Procurement and Contracting Ordinance #10693-19, as codified in Chapter 14.5
Article 2, Section 14.5-3 of the South Bend Municipal Code.
Signaturt, v- ��,..�.
Michael Patton
Program Administrator
*Program Administrator means the person designated by and reporting directly to the Mayor to support the City's
inclusion, diversity, equity, and access goals.
Opinion of Program Administrator Form
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 2/20/2020
Department
Nance Alke na Aldridge DCI
February 252020 February 20"'
wBPW Date Pevew� Phone Extension�WWu 5896
_ _ ........... _._....._.
Review and A apj y<d RS( i:! d Prior to Submittal to Board mIT .....
ITIT .......
_.....
Diversity Compliance ® Officer Name Michael Patton/Aladean DeRose
and Inclusion Officer
BPW Attorney Attorney Name Clara McDaniel
Dept. Attorney Attorney Name Sandra Kennedy
Purchasing ® Amanda Pictsch
Check the Appropriate Item Type
Professional Services Agreement [:] Contract
❑
Open Market Contract ❑ Amendment/Addendum
Bid Opening E] Bid Award
Quote Opening E' Quote Award
Proposal Opening ❑ C/O & PCA No.
E]
Chg. Order, No. Traffic Control
Other:
Company or Vendor Name
New Vendor
MBE/WBE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
Information
All Submissions
LJ Proposal
El Special Purchase, QPA
Ej Req. to Advertise
Reject Bids/Quotes
PCA
Resolution
El Ease./Encroach
❑ Title Sheet
Majora Carter Grout) (MCG)�_.... .... .........r...........................................
Yes[:] If Yes, Approved by Purchasing
® No
®MBE Completed E-Verify Form Attached ® No
WBE
Inclusive Eco.C...oe"ot�Y Developm...e.nt Technical Assistance
....
n/a
Redevelopment General Pok. __w_........ _... ..
( agony
Support the Creation/Growth of Small Business
408-1004-460.39-30
(not to exceed)
February
2, 020- December 31, 2020 ................ ..r_.r
Build capacity of mtncjrtt%wcommunity development entities to -complete
demonstration nroiects in low-statLIS. tareeted neighborhoods
Amount of
❑
Increase ......�$............................�.�...�..mm........w
Decrease
Previous Amount
$
_..............
Increase
%
Current Percent of Change:
Decrease (
%
New Amount
$
Increase
Total Percent of Change:
Decrease (
%
Time Extension Amount:
New Completion Date: