HomeMy WebLinkAbout6I1 :
De artment of
p f
I
\,. Community Investment
Memorandum
Monday,January 07,2013
TO: South Bend Redevelopment Commission
FROM: Scott Ford
SUBJECT: Request for Allocation of Airport TIF funds for Code for America
South Bend has been selected as one of 9 partner cities for Code for America for 2013. This is a
prestigious award that will allow South Bend to work towards creating technological solutions to civic
issues. Mayor Pete recently remarked, "This is an exciting announcement for the city of South Bend.
As a Code for America 2013 partner,we are putting South Bend in high gear as we strive to better
serve the people of our community."
Funding:
To fund this project,staff requests$235,000.00 in TIF funding. Of that, $65,000.00 has already
been donated to the TIF from outside sources, leaving$170,000.00 in net TIF dollars. In addition,
another$125,000.00 of costs is being covered by direct payment from other community partners.
Goals:
• Develop web based applications that address civic issues
• Foster sustainable impacts in government
• Engage citizens and community groups to solve civic issues
• Encourage city-to-city collaboration to drive efficiencies
Code for America is a new non-profit,and a new kind of organization.Their team is made up of web
geeks,city experts, and technology industry leaders.They are building a network of civic leaders and
organizations who believe there is a better way of doing things and want to make a difference. Code
for America helps governments become more connected, lean,and participatory through new
opportunities for public service—both inside and outside government—so they are not only making
a direct impact everyday, but also creating the relationships and network for lasting change.
Timeline:
• Preparation(November-December)
• Fellow Orientation (January)
• City Residency(February)
• Help the Fellow Team learn about the culture and inner working of the City
• Conduct interviews and gather user data to identifying potential areas of impact
• Develop hypotheses about areas of impact—and to end the month with a prioritized
list of 2-5 partially-vetted app and/or project ideas with high potential impact
227 W.JEFFERSON BLVD.SOUTH BEND. IN 46601 I P: 574-235-9371 I FAX: 574-235-9021 I SOUTHBENDIN.GOV
Page 2
• Conduct community and developer events to help increase awareness and foster
momentum
• Create a network of city staff, community leaders,and developers committed to
working together to address city needs
• Build& Deploy(March-September)
• Engage in a user-centric, agile, iterative development process to launch,test and
iterate apps and projects defined in the previous phase.
• Enable and encourage'secondary'applications and projects to emerge from other
venues
• Maximize Fellow communication with Cities about app/project development
(including City re-visits)
• Transition (October-November)
Areas of Focus:
Our main focus for this project is solving civic issues in economic development. Topics that may be
addressed as time allows:
• Ease of doing business in South Bend
• Simplifying business licensing/permitting process
• Vacant and abandoned housing
• Improving citizen involvement and engagement
•
227 W.JEFFERSON BLVD.SOUTH BEND,IN 46601 I P:574-235-9371 I FAX:574-235-9021 I SOUTHBENDIN.GOV
Page 3
kfrc
AMERICA
CODE FOR AMERICA Code for America partners with local
governments to foster civic innovation.Through its Fellowship program, Code for America
provides an opportunity for the web generation to give back by embedding developers and
designers in city governments to collaborate with municipal leaders. Founded in 2009,Code
for America held its inaugural fellowship in 2011. Last year Code for America connected
26 fellows with eight cities nationally.Through the Accelerator program Code for America
supports disruptive civic startups,and through the Brigade program Code for America
encourages civic participation by organizing local groups of civic technologists to take action in
their communities.
While private sector has evolved exponentially over the past decade adopting new
technologies and new ways of working,local governments haven't adapted at the same rate.
Code for America partners with local governments who are working to catch up.Developers
and designers who are passionate about using their skills to give back,are embedded in local
governments and collaborate with municipal leaders to create and implement web applications,
•
and explore new approaches to local challenges.
2013 cities include City of Las Vegas,City of Oakland, Jefferson County, County of San Mateo, City of South Bend,
Summit County,City of San Francisco,City of Kansas City,City of New York.
Find out more:codeforamerica.org
227 W.JEFFERSON BLVD.SOUTH BEND,IN 46601 I P:574-235-9371 I FAX:574-235-9021 I SOUTHBENDIN.GOV
4•'V7
August 31.2012
Mayor Pete Buttigieg
Office of the Mayor
City of South Bend
227 West Jefferson Blvd. •Suite 1400 N
South Bend. Indiana 46601
Re: STATEMENT OF WORK
Dear Mayor Buttigieg,
Congratulations! We are pleased to inform you that Code For America Labs, Inc. ("CfA") has
selected the City of South Bend ("City")for participation in the 2013 Fellowship program
("Program°). CfA fellows will partner with your city on the proposed program focus outlined in
your application or a mutually agreed upon program focus.
To move the process forward, this letter identifies the Statement of Work (SOW)and shall
operate as a binding agreement("Agreement")together with the Terms and Conditions. Please
review this letter and if you consent to the SOW. provide your signature in the appropriate place
at the end of the letter.
Should you have any questions or comments, feel free to contact us at any time.
Section A: Elements of Fellowship Program
2013 Program CfA selects partners that demonstrate strong leadership, secured funding, and
Selection a dedication to building efficiencies, transparency and citizen participation into
government.
Fellow CfA recruits and selects passionate individuals with skills in technology,
Recruitment design, and management who want to dedicate a year to public service. Fellow
selection is highly competitive.Applicants are evaluated by a selection
committee composed of CfA staff, and industry and government leaders.
CfA Training CfA fellows participate in a one-month intensive training experience covering
relevant topics associated with government, industry and technology and will
do a deep dive into learning about you city. Training also continues throughout
the year.
• Residency During February 2013 the fellows will be on site in [Your City]working with the
designated team there. Goals during this month include learning how City
• -operates, gathering information about the proposed program focus, building a
network of government, community and developer supp9rt, and brainstorming
ideas and solutions with industry leaders and city staff. City is expected to
provide tours of major departments and training in the major functions of the
_ city. set up appropriate meetings between the Fellows and staff, and to make
CIA IS(W ;1
the necessary introductions to city employees in order to ensure a successful
Program. City will host the CfA Fellows on site in city offices and provide them
with space to work.
Solution Over the course of the Program, Fellows will conduct interviews and research i
Building to inform and drive solutions. They will focus on developing applications that
..drive engagement, transparency and efficiencies. They will also catalyze the
community in addressing civic issues and facilitate collaborations between
cities to leverage existing resources and share best practices.
Program CfA will hold two conferences. One. in the fall of 2012, will introduce the City
Conferences Coordinator(and other city staff as appropriate) to the 2013 program. The
other, in the fall of 2013 will bring together all 2013 government partners.
government, industry and tech leaders to review and share progress, stories
and further opportunities. .
Wrap-Up& The last two months are dedicated to wrapping up the program and ensuring
Hand Off City has a plan to sustain the solution(s)and continue collaboration going
forward. Events may be scheduled in your City to formally transition the work
accomplished during the Fellowship.
Section B: Projected Milestones
2013 Program Selection–Finalists Announced July 1,2012
Recruitment of Fellows for 2013 Program January 1 –October 1. 2012
Contract Completed September 10, 2012
2013 Program Begins January 2013
CfA Training January 2013
City Residency February 2013
Solution Building March 2013–September 2013
Program Conferences October 2012&October 2013
Wrap-Up and Hand Off October– November 2013
Program Completed November 2013
Section C: City Expectations
Program City will designate a Program Coordinator that will work with CfA staff to
Coordinator execute the contract, ensure the success of the Residency, support Fellows
throughout the Program. and participate in team meetings and other meetings.
as needed.
Contract City will ensure timely execution of the contract. This will require contract to be
Execution signed and completed by September 26, 2012.
CfA Training Your City Team will participate in specific modules during CfA Training
designed to introduce you to your assigned Fellows and help them understand
program goals and objectives. These modules can be conducted via a video
conference call.
Host 2013 City is expected to set up appropriate meetings between CfA Fellows and city
Residency staff and relevant community leaders and groups to ensure a successful
Program. City will host the CfA Fellows on site in city offices'and'provide them
with space to work. As necessary. City will also provide necessary access to
— government buildings and systems. '
City Support City will be prepared to designate 5% - 10% of one or two staffs time to help
support the Fellows during the program including serving as an overall
(.r\ ISi \\ 1
resource, participating in planning and organizing meetings, identifying project
sponsors, helping with sustainability planning, etc..
Team Meetings City will participate in regular team meetings as required. Team meetings may
occur more frequently during the Residency month and occasionally
throughout Program.
Program City will participate in two Program Conferences in San Francisco, CA
Conferences tentatively scheduled for October 2012 and October 2013.
Program . City will plan for and ensure sustainability of the solution after the 2013
Sustainability Program. This may require identifying city resources that can support,
maintain, and grow the solution over time.
Section D: Code for America Expectations
Fellow CfA recruits and selects passionate technologists throughout the country who
Recruitment and want to give a year to public service. Fellow selection is highly competitive.
Selection Fellows are evaluated by a selection committee made up of CfA staff, and
industry and government leaders.
CfA Head of CfA's head of Government Relations will be the City's primary point person
Government within CfA for issues associated with contracting, overall program
Relations performance, and other issues as they arise. Other CfA staff will interact with
the cities periodically around City Residency planning and overall program
execution.
•
CfA Fellow CfA will assign a Fellow Coordinator to serve as the primary contact for
Coordinator Fellows throughout the Program and serve as the primary contact for the City
in all matters relating to Fellows.
CfA Training CfA provides Fellows with a one-month intensive training experience. While
the specific content and curriculum may vary from year to year, CfA Training
will expose the Fellows to topics related to government, technology and
industry-and will provide an opportunity for the Fellows to dive deep into
specific information and context of your city. They will also spend time
enhancing their skills in the general areas of project management,
communication, client management, negotiation and team building.
Residency CfA staff will partner with City's Program Coordinator to ensure the success
of Residency. CfA provides travel and housing expenses for the Fellows
during the Residency period.
Solution CfA Fellows will partner with city staff to develop solution(s)to the proposed
Building focus, as defined in the 2013 Program application, or other focus that is
mutually determined during the Program.
Program CfA will host two conferences-one in October 2012 to orient the City
Conferences Coordinator(and other applicable staff)to the 2013 program. The other will
be in October, 2013 that will bring together city staff, Fellows, government
partners. and industry leaders, to review and share progress, stories and
. further opportunities.
Wrap-up and CfA will dedicate the last two months of the Program to wrap-up and hand off
Hand Off the solution to ensure City has the ability to sustain the solution. Events may
be conducted in your city to formalize the transition.
Section E: Payments
Program Fee The fee for the City's participation in the program shall be the total amount of
$360,000 ("Program Fee")iwhich shall be comprised of(i) public funds identified and appropriated
by the City in accordance with Indiana law and (ii) private funds made from payments by local
organizations defined herein as"Community Partners". The City and'each of the Comrriunity •
Partners shall make payment directly to CFA. CFA shall issue invoices to City and to each
Community Partner not less than 30 days prior to the scheduled payment due date. The payment
schedule is as follows:
Payment 1: $120.000 on November 1,2012
Payment 2. $120,000 on February 1,2013
Payment 3: $120,000 on May 1, 2013
Payments received by CFA from Community Partners prior to 30 days in advance of the payment
date. will get deducted from the City's invoice. However, in no event shall the City's invoice for the
first payment be less than $60,000.
It is anticipated that the City's portion of funds shall be 50%or less of the total program fee.
Notwithstanding, however, the City hereby agrees to pay any short-fall in funds received from the
Community Partners.
Late Payments
In the event that the City fails to pay when due any amounts set forth above, CfA shall
send to City written notice of such failure. If the City fails to cure the breach by paying
such amounts within fifteen (15)days after receipt of such written demand, then City shall
be deemed to be in material breach of this Agreement and CfA shall have the right to
take any of the following actions: (I)suspend its own performance under this Agreement
until such payment has been received: or(ii) terminate the Agreement, in which case CfA
shall be entitled to receive payment of all amounts due under this Agreement through the
effective date of termination. Regardless of the action taken by CfA, any amounts owed
to CfA by City shall be calculated from the date the last payment was made up to,and,
including the last day of the notice period by calculating a pro rata portion of the Program
Fee.
Code for America Labs. Inc.
Name: Meghan Reilly
Title: C &Doe ati. Director
Date:
%/N
1 lA.
City of South Bend
• Mayor Pete Buttigieg ff /2.
• Date:
X
a
I:1 isfiv\. -�
1.1 Intellectual Property; Use of Materials. Unless specified otherwise in the
SOW,any CFA deliverables under the program will be in the form of Open Source
Software and the City of South Bend's use of the deliverables will be subject to Open
Source Software license terms. CFA will provide the City of South Bend with the
version of the Open Source Software license terms that are applicable to any
deliverables. Open Source Software means software that consists of contains, or is
derived in any manner(in whole or in part) from,any software that is distributed as
free software, open source software,or pursuant to similar licensing and
distribution models (e.g., GNU, Linux, Mozilla Public License, the Apache Software
License,etc.). To the extent any CFA deliverables under the program are not subject
to an Open Source Software license, CFA shall own all rights in and to, including the
right to license to others rights in and to any of the deliverables under the program;
provided, however,CFA shall provide the City of South Bend a non-exclusive,
worldwide, non-royalty bearing, license to use such deliverables in perpetuity.
1.2 Confidentiality. With respect to any information supplied in connection with
the program and designated in writing by the delivering party as confidential, the
receiving party agrees to: (i) protect the confidential information in a reasonable
and appropriate manner; and (ii) use confidential information only to perform its
obligations under the program.This confidentiality obligation shall not apply to
information that is: (a) publicly known; (b) already known to the recipient; (c)
disclosed to a third party without restriction; (d) independently developed; or (e)
disclosed pursuant to a legal requirement or order.
1.3 Disclaimer of Warranties. THE CITY OF SOUTH BEND AND CFA EACH
EXPRESSLY DISCLAIM,AND EACH EXPRESSLY WAIVES,ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING,WITHOUT LIMITATION,WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT WITH
RESPECT TO INTELLECTUAL PROPERTY OR CONFIDENTIALITY MATTERS, UNDER
NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR
ANY DIRECT, CONSEQUENTIAL, INCIDENTAL,SPECiAL_OR PUNITIVE DAMAGES
ARISING OUT OF OR IN CONNECTION WITH THIS PROGRAM, EVEN iF SUCH PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CFA'S TOTAL
LIABILITY RELATING TO THE PROGRAM SHALL iN NO EVENT EXCEED THE FEES
CFA RECEIVES UNDER THIS AGREEMENT.
•
1.4 Indemnities.
(a) CFA shall indemnify and hold harmless City of South Bend from and
against ainy and all claims, losses,damages, expenses,obligations, penalties,
demands,suits, procedures,assessments,judgments,costs and_tiabilit.ies.(ind.uding
reasonable attorneys' fees and other costs of defenses) incurred by City of South
Bend ("Losses"),arising out of or relating to:
•
(i) any material breach of any covenant, representation or warranty in this
Agreement by CFA; or
• (ii) the City of South Bend's use of the deliverables identified in the SOW in
accordance with this Agreement;
in each case provided that such Losses are not caused by a breach of the City •
of South Bend's representations and/or obligations under this Agreement.
• (b) The City of South Bend shall indemnify and hold harmless CFA from and
against any and all Losses arising out of or relating to any material breach of any
covenant, representation or warranty in this Agreement by the City of South Bend.
(c) CFA will have no obligations under this Section with respect to
infringement or misappropriation Losses arising from (i) modifications to any CFA
deliverables by any party other than CFA; (ii) CFA deliverable specifications
requested by the City of South Bend; (iii) the use of any CFA deliverables in
combination with products or technology not provided by CFA; or(iv) the City of
South Bend's failure to implement a revision to the CFA deliverables,which if
implemented,would have avoided the infringement or misappropriation.
1.5 Term. This Agreement commences on the date of the parties signature
("Effective Date") and, unless sooner terminated as provided hereunder,will expire
on the date of the last deliverable identified in the final SOW. The period from the
Effective Date through expiration of termination of this Agreement is the"Term."
1.6 Termination.
(a) By CFA. If the City of South Bend materially breaches this Agreement
and such breach remains uncured more than thirty (30) days after written notice of
the breach by CFA to the City of South Bend, CFA may terminate this Agreement.
Upon termination, CFA shall be entitled to receive payment of all amounts due
• under this Agreement through the effective date of termination. This amount shall
be calculated from the date the last payment was made up to,and, including the last .
day of the notice period by calculating a pro rata portion of the Development Fee.
(b) By the City of South Bend. If CFA materially breaches this Agreement
and such breach remains uncured more than thirty(30) days after written notice of
the breach by the City of South Bed to CFA, the City of Sound Bend may terminate
this Agreement.
1.7 Non-Agency Relationship. No agency, partnership,joint venture or fiduciary
relationship between City of South Bend and CFA is involved or created with respect
to this Agreement.
1.8 Waivers and Amendments; Remedies. No amendment, modification,or
waiver of any provisions of this Agreement, nor consent to any departure therefrom,
will be effective unless the same shall be in writing and signed by an officer or
{ manager, as the case may be, of each party hereto,and then such waiver or consent
will be effective only in the specific instance and for the specific purpose for which
•
given. No failure on the part of a party hereto to exercise,and no delay in exercising,
any right hereunder will operate as a waiver thereof. The remedies provided in this
Agreement are cumulative and, unless otherwise expressly provided herein, not
exclusive of any remedies provided by law.
1.9 Notices. Any notice required to he given hereunder shall he sent by certified
or registered mail,postage prepaid, to the addresses set forth herein,or to such
other addresses as may subsequently be specified in writing,and shall be deemed to
be given and effective ten (10) days after sending.
Notices to CFA shall be addressed to:
Meghan Reilly
CFO
155 9th Street
San Francisco, CA 94103
Notices to City of South Bend shall be addressed to:
NEED INFO
1.10 Survival. The rights and obligations of the parties contained in these
Standard Terms and Conditions will survive the termination or expiration of this
Agreement.
•
1.11 Jurisdiction. This Agreement shall be governed and construed in accordance
with the laws of St.Joseph's County, Indiana. If a dispute arises under this
Agreement,the Parties agree that before commencing any litigation, they will try to
resolve the dispute with the help ofa mutually agreed upon mediator within the •
• State of Indiana.Any costs and fees,other than a Party's attorney fees associated
with the mediation,shall be shared equally by the Parties involved with the
mediation. Each Party shall bear its own attorney fees in connection with such
mediation.Should mediation not be successful, arbitration may initiated but only
with specific written consent ofall parties to the dispute.
1.12 Transferability. Neither Party shall be permitted to assign or otherwise
transfer any of its rights or obligations hereunder without the prior written consent
of the other Party hereto.
1.13 Severability. The illegality, invalidity or unenforceability of any part of this
Agreement is not intended to affect the legality,validity or enforceability of the
remainder of this Agreement. If any part of this Agreement is found to be.illegal,
invalid or unenforceable,the parties intend that this Agreement will be given such
meaning as would make this Agreement legal,valid,and enforceable in order to give
effect to the intent of the Parties.
•
• 1.14 Section Headings. The section headings of this Agreement are inserted for
reference only and do not affect the meaning of this Agreement.
' 1.15 Construction. This Agreement shall be construed as if CFA and City of South
Bend,prepared all of its language.jointly, and no ambiguity or uncertainty, which
may be found herein,shall be construed against either CFA or City of South Bend on
the ground that either CFA or City of South Bend drafted or proposed the language
• in question.
1.16 Counterpart Originals. This Agreement may be executed in any number or
• counterparts, each of which when so executed and delivered shall be deemed an
• original,and all of which counterparts taken together shall constitute one and the
same instrument.
1.17 Facsimile Signatures. This Agreement and any counterpart original thereof
may be executed and transmitted by facsimile followed by mailing of the original.
The facsimile signature shall be valid and acceptable for all purposes as if it were an
•
original.
1.18 Force Majeure. Neither party shall be liable for any delays or failures in
performance due to circumstances beyond its reasonable control.
1.19 On-going Software or Hosting Costs. Code for America will provide an
environment for the South Bend's solution to be developed and tested. It will be the
,l responsibility of the City of South Bend to provide an environment for the solution
after the term of this agreement. In addition, in the case where Code for America
uses a software that has associated fees, those fees will be the responsibility of the
City of South Bend after the term of this agreement.
I t