HomeMy WebLinkAbout029-R-21 Agreement with the University of Illinois to Conduct/Oversee the Racial Equity Diversity & Inclusion Committee2/11 /2021
29-R-21
A RESOLUTION
Authorizing the City Manager to Execute the Professional Services
Agreement with the Board of Trustees of the University of Illinois and
the City of Evanston for the University to Conduct and Oversee the
Racial Equity Diversity and Inclusion Committee
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The City Manager is hereby authorized and directed to sign
the Professional Services Agreement (the "Agreement") by and between the City and
the Board of Trustees for the University of Illinois, an Illinois not -for -profit corporation.
The Agreement is attached hereto as Exhibit 1 and incorporated herein by reference.
SECTION 2: The Agreement will fund an initiative called the "Racial Equity
Diversity and Inclusion ('REDI') Committee" that will conduct an equity -driven pilot
project for City staff; the committee will go through a cycle of measurement, collection
and analysis grounded in a racial equity impact framework for internal process
improvement in the amount of fifty thousand and 00/100 dollars ($50,000.00).
SECTION 3: The City Manager is hereby authorized and directed to
negotiate any additional conditions of said Agreement that she deems to be in the best
interests of the City.
SECTION 4: This Resolution shall be in full force and effect from and
after its passage and approval, in the manner provided by law.
29-R-21
,,LA MA4ru�-
Stephen H. Hagerty, Mayor
Attest: Approved as to form:
Devon Reid, City Clerk Kelley A. Gandurski, Corporation
Counsel
Adopted: February 22 , 2021
-2-
29-R-21
EXHIBIT 1
PROFESSIONAL SERVICES AGREEMENT
-3-
_ Q A I UNIVERSITY OF ILLINOIS SYSTEM
This form may be used only for transactions of $10,000 or more.
This form may not be used for healthcare -related services.
Agreement between
The Board of Trustees of the University of Illinois
and
the City of Evanston
The parties to this Agreement are the Board of Trustees of the University of Illinois, a body corporate
and politic of the State of Illinois, on behalf of its
at Chicago ("University") and
Illinois Local Government Agency
Great Cities Institute, CUPPA
the City of Evanston
2100 Ridge Ave, Evanston, IL 60201
, a(n)
with a principal office located at
("Client").
ARTICLE 1: PURPOSE
Client desires to engage the expertise of University to perform certain services as described below
("Services"). University has determined that performing the services will promote one or more of the
University's missions of public service, research, teaching, and economic development.
ARTICLE 2: SCOPE OF SERVICES
2.1 Services to Be Performed. University shall perform the following Services, which may not
begin until this Agreement is signed by both parties:
The client expects to receive the following equity -driven pilot project cycle. The pilot projects
identified by the client's Racial Equity Diversity and Inclusion (REDI) committee will go through
a cycle of measurement, collection and analysis grounded in a racial equity impact framework
for internal process improvement.
1. Planning Meeting and Timeline - Create a timeline for the pilot projects and identify key
meeting dates and milestones for the project teams to meet. This will be shared in a 1-2 page
memo.
2. Data Collection and Analysis - Provide continuing analysis on the REIA model to solicit
relevant and impactful feedback from staff working on the pilot projects.
3. Equity Process Improvement Trainings - Identify key discussions and concepts that must
happen in order for the ideas of racial equity to be translated into the work of responsive public
administration service delivery. Prepare and facilitate between 4-6 internal meetings related to
the pilot projects.
4. Presentation of Pilot Project results, feedback and evaluation memo - A short 5-7 page
report will use the results from the pilot projects to assess strategic next steps for continuing
work and training for the REDI committee which may include initial departments that are
prepared to incorporate racial equity impact analysis into their internal operations.
5. Evanston Equity Project - A deliberative model of community engagement to work with the
residents of Evanston to identify and prioritize fundable projects. This service will be sub-
contracted to Thea Crum and the Participatory Budgeting Project at the Great Cities Institute.
All meetings, data preparation, translation of materials, outreach and final reporting will be
covered by this team.
2.2 Deliverables. As part of the Services, University shall deliver to Client the following items
"Deliverables":
Rev: 2-2019 Page 1 of 5
Deliverables for this project:
1.
Q1 - An initial 1-2 page memo with the overview of the year - begin monthly workshops, meet
bi-weekly with leadership team.
Q2 - Ongoing monthly workshops, presentation to senior staff and other stakeholders as
needed.
Q3 - Development of the REDI101 Workshop and pilot testing completed - initial slide deck and
write-ups by project teams to be submitted by the end of the quarter.
Q4 - A report of of 3-5 pages based on the results of the pilot projects. A powerpoint
presentation will also be created to share with all stakeholders.
ARTICLE 3: TERM AND TERMINATION
3.1 Term. This Agreement takes effect on the date of last signature appearing below and expires on
December 31, 20211 unless terminated or renewed by the parties. The term, including all
renewals, shall not exceed 10 years.
3.2 Renewal Options. The parties may renew this Agreement only by written amendment.
3.3 Termination for Cause. A party will have 10 days (or any longer period agreed to by the
aggrieved party) to cure a breach of this Agreement after receiving notice of such breach by the
aggrieved party. The aggrieved party may consider this Agreement terminated without further
notice if the defaulting party fails to cure the breach within the prescribed period.
3.4 Termination for Convenience. Either party may terminate this Agreement for convenience
upon 30 days' prior written notice to the other party.
3.5 Effect of Early Termination. In the event of early termination, Client shall pay University for
Services performed and Deliverables provided to the date of termination, and for the cost of all
non -cancellable obligations made on Client's behalf.
ARTICLE 4: COMPENSATION
4.1 Rate of Compensation. Client shall compensate University for Services performed under this
Agreement in accordance with the option indicated below:
® Option A:
❑ Option B:
❑ Option C:
❑ Option D:
The fixed amount of.$ 50,000
An hourly rate of $
and not to exceed $
A daily rate of $
and not to exceed $
, not to exceed hours
, not to exceed days
4.2 Payment Schedule. University will submit an invoice to Client for Services performed,
including any allowable reimbursable expenses incurred according to the following schedule:
Rev: 2-2019 Page 2 of 5
January -March 2021:$15,000; April-June:$15,000; July-September:$15,000; Oct.-Dec.:$5,000
Within 30 days of its receipt of invoice, Client will remit the total due to University at the
address indicated on the invoice. University will not pay interest on Client funds advanced or
otherwise held on deposit.
4.3 Late Payments. University will assess a Late Payment Charge of 1.5% per month (18% per
annum), plus a $2 past due charge per month, on all past due balances. University may refer
Client's past due account for collection and may authorize legal action against Client for
collection. Client shall be liable for all reasonable collection costs and expenses, including
attorney's fees and court costs.
4.4 Suspension of Services. University may suspend performance of Services upon five days'
written notice for Client's failure to make timely payments. University will resume performance
upon Client's payment of all monies owed to University, provided that Client is not otherwise in
default of its obligations under this Agreement.
ARTICLE 5: LIABILITY AND WARRANTY
5.1 DISCLAIMER. University makes no representations, and disclaims all expressed and
implied warranties, including but not limited to warranties of merchantability, fitness
for a particular purpose, and non -infringement relating to all Services and
Deliverables furnished to Client under this Agreement.
5.2 Limitation of Liability. University shall not be liable to Client for any indirect, special,
exemplary, consequential, or incidental damages or lost profits arising out of, or relating to, this
Agreement, even if University had been advised of the possibility of such damages. University's
liability to Client for breach of contract damages shall not exceed the amount of compensation
actually paid by Client under the Agreement.
5.3 Warranty Regarding Information. Client represents to University that no material or
information provided to University includes any legally actionable, libelous, or otherwise
unlawful statements or information. Client shall be responsible for all claims and liabilities
arising out of any statements or information furnished to University by Client under this
Agreement.
ARTICLE 6: INSURANCE
During all times relevant to this Agreement, each party shall maintain general liability insurance,
whether through a commercial policy or through a program of self-insurance, with minimum limits of
$1 million per claim or occurrence and $2 million aggregate. If services provided under this contract
include any professional services, each party shall also maintain professional liability insurance,
whether through a commercial policy or through a program of self-insurance, with minimum limits of
$1 million per claim or occurrence and $3 million aggregate. Each party shall comply with applicable
state laws governing workers' compensation and mandatory insurance for vehicles. Within seven days
of request, a party shall provide to the requesting party a certificate of insurance evidencing the
coverage required by this Article 6.
ARTICLE 7: RIGHTS IN DELIVERABLES
Title to existing intellectual property used by University in performing the Services and creating the
Deliverables shall remain vested in the original owner. Title to all intellectual property conceived or
reduced to practice by University employees and agents in performing the Services and in creating the
Deliverables shall vest in University. Title to tangible Deliverables identified in Article 2.2 shall vest in
Client upon delivery by University.
Rev: 2-2019 Page 3 of 5
ARTICLE 8: THIRD PARTY INTELLECTUAL PROPERTY RIGHTS
Client represents to University that it has all necessary intellectual property rights in any proprietary
material or information provided required to perform the Services or to be included in the Deliverables
and Client shall pay all costs and expenses, including royalties and license fees, incident to any such
third party intellectual property rights. Client shall indemnify University and its trustees, officers and
employees against all third party infringement claims arising from intellectual property rights furnished
by Client to University for its use in performing the Agreement.
ARTICLE 9: GENERAL PROVISIONS
9.1 Force Majeure. A party is excused from performing its obligations under this Agreement when
conditions beyond its control and unforeseen by the parties make its performance commercially
impractical, illegal, or impossible. Conditions of excuse include, but are not limited to natural
disasters, strikes, fires, war, terrorism and threats of terrorism, and government actions. So
long as the conditions continue, the party whose performance is affected shall keep the other
party fully informed about the conditions and the prospects of their ending.
9.2 Independent Contractor. The parties are independent contractors with respect to each other.
Nothing in this Agreement is intended to create any association, partnership, joint venture or
agency relationship between them.
9.3 Use of Name. Client shall not use University's name or protected marks for any commercial
purpose without University's advance written consent.
9.4 Headings. Headings in this Agreement are intended only to assist with readability and are not
substantive.
9.5 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to
be unenforceable, the provision shall be severed from this Agreement so long as severance does
not affect the enforceability or essential purpose of the remainder of the Agreement.
9.6 Assignment. Neither party may assign its obligations under this Agreement without the prior
written consent of the other party.
9.7 Amendments. No modification of this Agreement shall be effective unless made by a written
amendment signed by each party's authorized signatory.
9.8 Compliance with Laws. Each party shall perform its obligations in compliance with all relevant
laws governing its performance, including, but not limited to, laws related to proprietary rights,
civil rights, and import and export control. Breach of this provision is a material breach of this
Agreement.
9.9 Equal Opportunity. This Agreement incorporates the Equal Employment Opportunity Clause at
Section 750.10, Appendix A of the Illinois Department of Human Rights Rules.
9.10 Waiver. The failure of either party to enforce any provision of this Agreement shall not waive
the party's right to later enforce the provision or the Agreement.
9.11 Non -Exclusivity. This Agreement is non-exclusive. The University may perform the same or
similar services for other clients.
9.12 Counterparts/Facsimile Signatures. This Agreement may be signed in counterparts.
Facsimile signatures constitute original signatures for all purposes.
9.13 Ambiguities. Any rule of construction, that would resolve ambiguities against the drafting party
shall not apply in interpreting this Agreement.
Rev: 2-2019 Page 4 of 5
9.14 Notices. To be enforceable, all notices must be in writing and delivered to the party's
representative named below by either certified mail, return receipt requested, or commercial
carrier with delivery receipt. Notices are effective upon receipt by the designated representative.
A party may change its representative at any time by written notice to the other party.
University Representative
Name: Kathleen Yang -Clayton
Title: Clinical Assistant Professor
Address:412 S. Peoria St., Suite 400, M/C107
City/State/Zip: Chicago/IL/60607
Phone:312-505-2336
E-mail: kyclaytn@uic.edu
Client Representative
Name: Kimberly Richardson
Title: Interim Assistant City Manager
Address: 2100 Ridge Ave
City/State/Zip: Evanston/IL/60201
Phone:8474488029
E-Mail: krichardson@cityofevanston.org
9.15 Choice of Law. This Agreement shall' be interpreted by application of Illinois law without regard
to its conflict of laws provisions.
9.16 Integration. This Agreement with its exhibits, attachments, amendments, and incorporated
references constitutes the parties' entire agreement regarding the subject matter.
9.17 Authorized Signatories. The individuals signing this Agreement on a party's behalf represent
that they have the requisite authority and intent to bind that party to this Agreement.
THE BOARD OF TRUSTEES OF
THE UNIVERSITY OF ILLINOIS
CLIENT
Signature of Avijit Ghosh, Comptroller Date Signature Date
Printed Name
Title
Approved for legal form by Office of University Counsel [LMP 1/2019].
Changes to template require University Counsel and OBFS approval.
Rev: 2-2019 Page 5 of 5
EVANSTON REDI ACTIVITIES AND OUTCOMES 2021 - Year 1
MONTH ACTIVITIESh(tra��rnns„exerclses;,,assessments
nwhk Wl yld'ii„i '�M', aw'."'ir[�', a'4'y'y�r �. J'p^Y,ru•, �;>_ apt �,., x., .., $ r, 3., .,. ,.. r.,_, ... t t af..'4. -,.�
2020
November Planning and preparation of January 2021 launch: Outcomes:
2020 • Training and collaboration with directors on 1. Agree to a "common vocabulary" of what racial equity is
staff recruitment for the REDI committee and how it connects to government service
• Discussion with directors on how to update 2. Identify 20-25 staff for the REDI committee recruitment
and engage with them over 2021 - quarterly process to be completed by early December 2020
updates, special pilot project(s)? 3. Agree to regular updates and accommodations for
• Support to the Equity and Empowerment potential "special pilot projects" from directors for 2021
Commission on strategic planning for 2021 4. Confirm support for the 2021 REDI Committee plan
December • Finalize and invite staff to REDI 2021
2020 committee
• Send out prep packet for REDI members
that includes videos, self -reflection
2021
January 28, Learning Phase:
2021 1.
a) privilege exercise; b) difference between
equity and equality
2.
Present plan for 2020 and feedback -
exercise in inclusion
3.
Homework for next month: John Powell's
talk
4.
Institutional vs. individual racism
Prepared by Dr. Yang -Clayton, UIC Dept. of Public Admin 111512021
• Start learning dynamic among committee, offer videos
and short readings to prepare for January 2020
• Do another brainstorm AFTER the training and see if
there is a difference in focus (testing our assumptions)
• Ensure the new vocabulary and knowledge about racial
equity is being practiced and solidified
• Prepare participants for Awareness exercises by asking
them to do outreach to key constituencies within their
departments
February 25, Awareness Phase (main):
2021 1. What is power? What forms of power do we
hold?
2. What happens when we practice inclusion?
3. Homework for next month: 3 conversations
4. Tools for Organizational Change
March 25 Visioning Phase 1:
2021 1. How does racial equity get reflected in the
vision/mission statement of the City of
Evanston? How should it?
2. What would a specific mission look like for
your department?
3. Homework: Off of that mission, what specific
processes and procedures would you want
to look at?
4. POP model for effective meetings
April 22, Visioning Phase 2: Presentations/assessments
2021 1. Group learning is critical to success - since
we have a lot of departments, the REDI
committee must do their homework in
reviewing
2. We want to come to a common set of
processes and procedures
3. DARCI model of group work
May 27, Strategic planning phase 1:
2021 1. PDSA organizational change model - Plan
Do Study Act
2. Strategic planning process - discussion and
inclusion of feedback
Prepared by Dr. Yang -Clayton, UIC Dept. of Public Admin 111512021
• Connect our learning with concrete improvements we can
expect when we practice inclusion (better policies, better
outcomes)
• Identify key inclusionary practices that would work in
each department - who gets included? How do you
expect that to improve performance indicators?
Outcomes?
• Vision alignment is critical to keeping on target and not
experiencing "mission drift"
• All Managers Meeting - KYC will present first
• Finalize vision/mission for the REDI committee
• Breaking down our mission by department and
connecting to specific departmental policies and
procedures helps to identify the specific landscape
• Identify a set of potential pilot projects based off the
interviews and REDI discussion on fit with our mission
• (to be continued based on discussion/input from REDI
committee co-chairs)
• Ensure that the Plan and Do Phases of the PDSA are in
progress, with implementation of testable assumptions to
be achieved between sessions
• (to be continued based on discussion/input from REDI
committee co-chairs)
3. Organizing and identifying group homework
targets for the Plan and Do Phases of PDSA
June 24, Strategic planning phase 2:
2021 1. Report back on progress - Study Phase
2. Start to identify potential "pilot" action that
can be done during action phase
July 22, Preparing for Action Phase
2021
August 26, Action Phase:
2021 1. Take ONE idea from strategic plans and
attempt to implement
2. Answer key questions: how long, who needs
to be included, what are the
improvements/outcomes we would expect?
September Action Phase part 2 (may need two months to
23, 2021 complete)
• Ensure the Study Phase of the PDSA yields concrete
insights on what are barriers and opportunities for real
internal change
• (to be continued based on discussion/input from REDI
committee co-chairs)
• Potential for some groups to begin implementing their
pilot projects, others may need one more round of study
and adjustment
• (to be continued based on discussion/input from REDI
committee co-chairs)
• Ensure the Action Phase of the PDSA is moving forward,
lessons are being brought back to the whole REDI
committee.
• Create draft of a REDI 101 Workshop for REDI
committee members to train on and conduct - Train the
trainer begins and additional practice will happen
between sessions
• (to be continued based on discussion/input from REDI
committee co-chairs)
• Ensure the Action Phase of the PDSA is moving forward,
lessons are being brought back to the whole REDI
committee.
• Practice REDI 101 Workshops - create timeline for
presentations in key departments in October for
recruitment for Year 2
• (to be continued based on discussion/input from REDI
committee co-chairs)
Prepared by Dr. Yang -Clayton, UIC Dept. of Public Admin 111512021 3
October 28, Reflection and Evaluation (of strategic plans)
2021 1. After our experience, is what we have in our
plans what will be most impactful?
2. Is our timeline reasonable?
'November
25 - need to
adjust date
'duet
holiday
(December
23, 2021 i
need to,
I
djust date
due to
(holiday
Sharing Strategic Plan with broader allies, partners
Inclusion of feedback, formal release and
celebration of first year!
• All pilot projects will be reviewed and assessed by the
REDI committee - ensure that the definition of success is
based on the transparency and learning from the pilot
project efforts, NOT on simple "check the box" metrics
that yield no insight
• Begin annual report creation, each pilot project team will
be responsible for write-up of efforts, impacts and lessons
learned.
• Co -leaders will begin to work with REDI committee to
identify REDI-related efforts from the DEI committee,
EEC and any other city initiatives that are related to REDI
efforts.
• Assess applications for the new cohort, review and make
sure to send out acceptance by November REDI meeting.
• (to be continued based on discussion/input from REDI
committee co-chairs)
• Review draft of the annual report, identify gaps and
additional input processes from key stakeholders.
• Create a powerpoint presentation on the efforts of the
REDI committee for the year, include related efforts from
the DEI committee, EEC and any other city initiatives that
are related to REDI efforts.
• (to be continued based on discussion/input from REDI
committee co-chairs)
• Present to department heads and other internal
stakeholders such as the new incoming REDI cohort
• All Managers Meeting - REDI team presentation
• Assess PDSA Pilot Projects, identify implementation
opportunities for Year 2.
• Celebrate successes, identify places for improvement.
• (to be continued based on discussion/input from REDI
committee co-chairs)
Prepared by Dr. Yang -Clayton, UIC Dept. of Public Admin 111512021 4