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HomeMy WebLinkAboutPSA - Management of Bloomberg Mayors Challenge Program – Aaron J. Steiner1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS April 14, 2020 Aaron Steiner Aaronj.steiner@gmail.com RE: Professional Services Agreement Dear Mr. Steiner: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on April 14, 2020, approved the above referenced agreement for management of the Bloomberg Mayors Challenge Program in the amount of $109,960, from April 14, 2020-May 5, 2021. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to Ihensley@southbendin.gov. Please retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, s/Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND AARON J. STEINER THIS AGREEMENT is made effective the 14th day of April 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 Aaron J. Steiner, 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 assume responsibility for and advance the City's innovative transportation initiative (the "Project"); and WHEREAS, the Department identified and previously engaged the Consultant through an Agreement for Professional Services dated May 6, 2019 to continue the forward momentum of the Project, and the Consultant has performed to the Department's satisfaction; and WHEREAS, the Consultant's previous agreement is expiring and the Board, upon the advice of the Department, desires to retain again the services of the Consultant to continue to support and transition the Project, and the Consultant continues to be willing to assist the City in its efforts 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 Consultant hereby agree as follows: Section 1. Duties of the Consultant. The Consultant shall provide the Services which are more particularly described at Exhibit "A" attached hereto and incorporated herein. The Consultant certifies that he has sufficient experience and expertise to complete the Services and will shall execute his responsibilities by following and applying at all times the highest professional and technical guidelines and standards. The Consultant understands and agrees that he 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 1 of 9 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 Three Thousand Eight Hundred Forty -Four Dollars and 62/100 ($3,844.62), not exceed the sum of Ninety -Nine Thousand Nine Hundred Sixty Dollars ($99,960.00) for the period commencing on May 6, 2020 and ending no later than May 5, 2021. The City will also reimburse the Consultant for reasonable business expenses incurred by Consultant in performing work under this Agreement, provided said expenses were approved in writing by the Chief Innovation Officer or her designee before being incurred by the Consultant and provided such expenses do not exceed the sum of Ten Thousand Dollars ($10,000.00). The total consideration under this Agreement shall not exceed the sum of One Hundred Nine Thousand Nine Hundred Sixty Dollars ($109,960.00). 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 commencing on April 13, 2020 ("Effective Date") and shall end no later than May 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 Parry for any purpose whatsoever. Neither Parry 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 Parry. 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 2of9 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 parry, or (ii) divulge, disclose, or communicate in any manner any Information to any third parry 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 Parry 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. 3of9 Section IL 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. 4of9 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 ofpage intentionally left blank) 5of9 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. AARON J. STEINER Date: 6of9 BOARD OF PT ?BLIC WORKS Gary A. Gilot President n Elizabeth A. Maradik, Mcinber Theieso J. Doran, Member.. Jordan V. Gathers, Member Joseph R. Modnar, Member ATTEST, '52#1fu oha itt Linda M. Martin_ Clerk EYWRIT A SOUTH BEND BLOOMBERG MAYORS CHALLENGE: FOUNDING DIRECTOR MOTIVATION A single flat tire has the power to change an entire household's financial trajectory. Missing one day of work can spiral into a lost job, a less stable home, and even future impacts on a child's success. That single flat tire, which seems like a simple problem, also can have huge impacts on a company - as they now have to find someone to cover a shift, eventually leading to high rates of employee turnover, and increased hiring and retention costs. Imagine this scaling across a city, and you start to see how basic transportation access plays such a critical role in the stability of residents, employers, and communities. Transportation is a primary barrier to maintaining stable employment, a problem that has frustrated countless public and private entities. South Bend has started to pioneer an innovative approach to this problem - blending the future of transportation technology with an understanding of the daily lives of residents and their employers. We are now looking for a leader to take the early traction of the project, and turn it into the gold standard for solving the problem of economic instability that unreliable access to transportation causes in our communities. POSITION SUMMARY About the Mayors Challenge 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 as one of nine winners to the Bloomberg Mayors Challenge, along with Los Angeles, CA; Denver, CO; Fort Collins, CO; Durham, NC; Georgetown, TX; New Rochelle, NY; and Philadelphia, PA. South Bend will receive $1 million to continue refining solutions to transportation barriers over the next three years. About the Champion Phase Transportation is the primary barrier to maintaining stable employment, a problem that has frustrated countless public and private entities. The City of South Bend has successfully piloted a program that reliably gets residents to work and is financially sustainable without 7of9 relying on long-term philanthropic investment. Our idea leverages existing technology to provide an integrated network of on -demand transportation options. We will quantify savings for employers due to reduced turnover and increased employee productivity, incentivizing them to fund the program. It is now time to take the pilot program and develop a plan for sustainability and scale without relying on the City of South Bend as the sole actor in its success. The Founding Director's primary role will be to incubate and accelerate the idea to the point where a clear path has been developed for an independently sustainable entity. By providing transportation as a benefit for employees, South Bend will build a stronger, more resilient local economy. About the Role The Founding Director will work closely with the Departments of Innovation & Technology and Community Investment at the City of South Bend to develop the next phase of the Transportation -as -a- Benefit program (TaaB). This individual will lead visioning and relationship building with local, regional, and national partners to support an integrated suite of transportation options. The Founding Director will also lead coalition building among employers to make TaaB available to increasing numbers of South Bend residents. The goal is to build momentum to show TaaB has significant uptake and a viable business model, leading to the opportunity to build a separate entrepreneurial venture around the service. The Founding Director will be responsible for developing and implementing the next phase of the TaaB program. The Founding Director will evaluate industry best practices to develop and execute a program implementation plan and set ambitious metrics to define and evaluate success. The Founding Director will outline and manage a million -dollar plus budget and pursue outside funding to ensure the sustainability of the program. A successful candidate will have experience in rapid, iterative program design and a proven ability to think innovatively. The Founding Director must demonstrate the ability to thoughtfully communicate with and respectfully engage diverse stakeholders and the public around a shared vision for achieving results. Furthermore, this individual must be comfortable interpreting data analysis & visualization and using these tools to communicate program outcomes to diverse audiences. ESSENTIAL DUTIES AND RESPONSIBILITIES This list represents the types of duties required by this position, but should not be interpreted as comprehensive: 8of9 1. Work closely with members of the City of South Bend's Mayor's Office and departmental leadership to determine optimal program model and effectively launch the TaaB program 2. Set and achieve project -based targets by regularly monitoring performance and resolving issues as -needed 3. Build and maintain strong relationships and communicate progress with a broad set of stakeholders, including the Mayor and other senior government officials as well as private and nonprofit sector leaders 4. Negotiate partnerships with local employers and recruit transportation partners to expand suite of transportation options 5. Develop a business plan and launch strategy for an independent entity that will oversee TaaB in the long term EDUCATION AND/OR EXPERIENCE • Undergraduate degree in business, economics, engineering, public administration, urban planning, or policy • 3-5 years of applicable industry experience or graduate degree KNOWLEDGE, SKILLS AND ABILITIES PREFERRED • Ability to work in an ambiguous and dynamic environment and comfort collaborating with multidisciplinary teams • Ability to pull together multiple different, and sometimes conflicting, inputs (quantitative data, qualitative feedback, hypothesis, etc.) into a common point of view that can be expressed simply to a wide variety of stakeholders • Familiarity with civic and transportation innovation • Experience in dealing with senior government officials and private sector leaders • Ability to negotiate unexpected roadblocks to deliver programs • Ability to collaborate with data analysts to support program narrative • Ability to confidently and credibly share your point of view and expertise • Several years of work experience in an entrepreneurial setting would be ideal but should not be interpreted as a requirement. Relevant experience includes: value proposition definition, business model design, pilot structuring, iterative prototyping, data analysis, user interviews and go -to -market planning 9of9 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 04/07/2020 Name Brian Donoghue Department Innovation & Technology BPW Date 04/14/2020 Phone Extension 7652 Review and Approval Required Prior to Submittal to Board Diversity Compliance ® Officer Name Patton and Inclusion Officer BPW Attorney ® Attorney Name McDaniels Dept. Attorney Purchasing ® Attorney Name Kennedy Check the Abbrobriate Item TvDe — All Submissions N Professional Services Agreement U Contract U Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution n Other: n Ease./Encroach Information Company or Vendor Name Aaron Steiner email: Aaron.j.steiner@gmail.com ❑ Yes ❑ If Yes, Approved by Purchasing New Vendor ® No Yes MBE MBE/WBE Contractor Completed E-Verify Form Attached ❑ ❑ No Project Name Project Number Funding Source Bloomberg Mayors Challenge Award — Gift, Donation, Bequest Fund 217 Account No. 217-0674-415-31.06 Amount $ 109,960 Terms of Contract 4/14/2020 — 5/5/2021 Purpose/Description Professional Services agreement for management of Bloomberg Mayors Challenge program For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Increase % Current Percent of Change: Decrease ( %) New Amount $ Increase % Total Percent of Change: Decrease ( %) Time Extension Amount: New Combletion Date: