HomeMy WebLinkAboutContract 5548255482
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the effective date of termination and Vendor will continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor will return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and ConGdential Information.
51 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees,
agrees that it will treat all information provided to it by City ("City Information") as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. Ciry is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subj ect to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Coniidential or Proprietary,
City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting
to disclosure. A determination on whether such reasons are suff'icient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised, in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Ri�ht to Audit. Vendor agrees that City will, until the expiration of three (3) years after
final payment under this Agreement, or the �nal conclusion of any audit commenced during the said three
years, have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its ofiicers, agents, servants,
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employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City, its officers, agents, servants and employees, and Vendor, its ofiicers, agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any ofiicers,
agents, seroants, employees, contractors, or subcontractors of Vendor wi11 be entitled to any employment
benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on
behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors.
Liabilitv and Indemnification.
8.1 LIMITATIONOFLIABILITY—INNOEVENTSHALL(I)EITHERPARTY'S
LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN
CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE
AGGREGATE THE TOTAL FEES PAID OR OWED BY CUSTOMER AND VENDORS
HEREUNDER DURING THE TWELVE (12) MONTHS IMMEDIATELYPRECEDING THE
DATE OF THE EVENT GIVING RISE TO THE CLAIM (SUCH AMOIINT BEING
INTENDED AS A CUMULATIVE CAP AND NOT PER INCIDENT), AND (II) EITHER
PARTY HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR
REVENUES OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, COVER,
SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSES, WHETHER IN
CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER
OR NOT THE PARTYHAS BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS AND DISCLAIMERS SHALL NOT APPLY TO THE
EXTENT PROHIBITED BYAPPLICABLE LAW.
8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTSANDEMPLOYEES, FROMANDAGAINSTANYANDALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS (INCL UDINGALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement, it being understood that this agreement to defend, settle or pay will not apply if
City modifies or misuses the software andlor documentation. So long as Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor will have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City will have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate
with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility
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for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City will have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however, Vendor will fully participate and cooperate
with City in defense of such claim or action. City agrees to give Vendor timely written notice
of any such claim or action, with copies of all papers City may receive relating thereto.
Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not
eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or
documentation or any part thereof is held to infringe and the use thereof is enjoined or
restrained or, if as a result of a settlement or compromise, such use is materially adversely
restricted, Vendor will, at its own expense and as City's sole remedy, either: (a) procure for
City the right to continue to use the software andlor documentation; or (b) modify the
software and/or documentation to make it non-infringing, provided that such modification
does not materially adversely affect City's authorized use of the software andlor
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible, and functionally equivalent non-infringing software and/or documentation at no
additional charge to City; or (d) if none of the foregoing alternatives is reasonably available
to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
Assignment and Subcontracting.
9.1 Assi_�nment• Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the priar written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liabiliry:
$1,000,000 - Each occurrence on a combined single limit basis
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Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle" will be any vehicle owned, hired and non-owned.
(c) Warker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state warkers' compensation laws where the Services are being performed
Employers' liability
$100,000 - Bodily Injury by accident; each accidentloccurrence
$100,000 - Bodily Injury by disease; each employee
$500,000 - Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions): ❑ Applicable ❑ N/A
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
10.2
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims-made, and maintained far the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
General Requirements
(a) The commercial general liabiliry and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees, officers, officials, agents, and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium. Notice must be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
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(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(� Certificates of Insurance evidencing that Vendor has obtained a11 required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws, Ordinances, Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances, rules and regulations and that any wark it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt requested,
addressed as follows:
To CITY:
City of Fort Worth
Attn: Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
To VENDOR:
Periscope Holdings, Inc.
David English, CFO
5000 Plaza On The Lake
Suite 1000
Austin, TX 78746
With copy to Fort Worth City Attorney's Office at
same address
14. Solicitation of Emplovees. Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
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15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendar to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law / Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action wi11 1ie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
18. Severabilitv. If any provision of this Agreement is held to be invalid, illegal or
unenfarceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Maieure. Ciry and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics ar pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board, department, commission, or agency
of the United States or of any States; civil disturbances; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
20. Headings not Controllin�. Headings and titles used in this Agreement are for reference
purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope
of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits A, B, and C.
22. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
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24. Warrantv of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's
option, Vendor will either (a) use commercially reasonable efforts to re-perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
25. Immigration Nationalitv Act. Vendor must verify the identity and employment eligibility
of its employees who perform wark under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement
far violations of this provision by Vendor.
26. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation that are created, published, displayed, or produced in
conjunction with the services provided under this Agreement (collectively, "Wark Product"). Further, City
will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first). Each copyrightable aspect of the Wark Product will be considered a"work-made-
for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Wark
Product, or any part thereof, is not considered a"work-made-for-hire" within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in
and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim, lien for balance due, or rights of retention thereto on the part of City.
27. Signature Authority. The person signing this Agreement hereby warrants that they have
the legal authoriry to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Comuanv Name or Ownership. Vendor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
29. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
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2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written veriiication from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the Agreement.
30. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions
(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
31. Entiretv of A�reement. This Agreement contains the entire understanding and agreement
between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
(signature page follows)
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
��
BV: JesusJ.Chapa(Mar31,20211L51CDT)
>
Name: Jay Chapa
Title: Assistant City Manager
Date: M a r 31, 2021 20
APPROVAL RECOMMENDED:
�
Reginald Zeno (Mar31, 202ll1:49 CDT)
Y•
Name: Reginald Zeno
Title: Chief Financial Officer
ATTEST:
By: ���U �� 0
Name: Mary Kayser
Title: City Secretary
VENDOR:
PERISC � � hsD��VGS, INC.
�a�.i �(,is�,
By• 357finRARFR5Dd7A
Name: David English
Title: CFO
3/30/2021
Date:
20
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
this contract, including ensuring all performance and
reporting requirements.
By: �J '�' __
Name: Cynthia Garcia
Title: Chief Procurement Ofiicer
APPROVED AS TO FORM AND LEGALITY:
� (�.....--
By:
Name: Taylor Paris
Title: Assistant City Attorney I
CONTRACT AUTHORIZATION:
M&C: N/A
Form 1295: N/A
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City Secretary Contract No. Click or tnp here to enter text.
EXHIBIT A
SCOPE OF SERVICES
Overview
Vendor will conduct an organizational assessment of City's procurement operations, compare to
peer cities and best practices, and provide recommendations for improvements. In particular,
Vendor will perform the following tasks as detailed herein. The total allotted timeframe for
completion of the project is 12 weeks.
■ Task 1— Creation of Project Plan
■ Task 2— Procurement Policy and Process Review
■ Task 3— Customer Service Level Review
■ Task 4— Procurement Organizational and Staff Analysis
■ Task 5— Benchmarking Comparable Cities
■ Task 6— Process Mapping of Current State and Proposed Future State (Optional)
■ Task 7— Technology Analysis and Recommendations (Optional)
■ Task 8— Draft and final reports
■ Task 9— Revise and transmit final reports
Task 1—Develop detailed project plan (2 Weeks from Start)
Vendor's Duties:
In conjunction with the City Project Manager, Vendor will develop a project plan with key
deliverable dates. The Project Plan will be used for report updates and to ensure successful
completion of the Services to be provided under the Agreement on time and within the
agreed compensation.
City Duties:
Coordinate with Vendor personnel to create reasonable deadlines for project deliverables
and completion of the project in its entirety.
Deliverable: Detailed Project Plan meeting criteria described.
Task 2— Procurement Policy and Process Review (3 Weeks from Start)
Vendor's Duties:
Vendar will conduct a high-level review of all applicable state and local policies and
procedures to gain an in-depth understanding of the existing environment, to establish
compliance, to identify potential impediments and inefficiencies in existing procurement
policy and process, and to develop recommendations for policy and process improvements
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to align with industry best practices in public procurement. The review will include the
following:
• Review of applicable state and local ordinances, statutes, legislation, policies, and
administrative manuals;
• Review of current procurement processes and procedures for: a) Identification of
needs for goods and services; b) Specifications of identified needs for goods and
services to be procured; c) Requisitions for purchases; d) Solicitations (sourcing
methods); e) Evaluation of solicitations; � Award of solicitations; g) Contract
administration; and h) Record keeping;
Identify potential policy improvements in
principles and ABA Model Procurement Code;
Identify process efficiency opportunities a�
procurement industry best practices;
alignment with industry guiding
well as note deviations from
City Duties:
City staff coordination with Vendor personnel to facilitate the gathering of information and
distribution of documents.
Deliverable:
Summarization of review provided in Report.
Task 3— Customer Service Level Review (4 Weeks from Start)
Vendor's Duties:
Vendor will conduct a high-level review of current customer service levels for
identification of improvement opportunities for alignment with industry best practices..
This will be achieved through interviews of City personnel to determine current needs,
current level of support, level of satisfaction with support, key challenges, and
identification of opportunities for improvement to enhance customer service as well as to
propose customer satisfaction measures.
City Duties:
City shall ensure identified personnel make themselves reasonably available for project
interviews.
Deliverable:
Summarization of review provided in Report.
Task 4— Procurement Organizational and Staff Analysis (6 Weeks from Start)
Vendor's Duties:
Vendor will conduct a high-level review and analysis of the City procurement
organizational structure, operational structure, and roles and responsibilities of current staff
to provide recommendations for increased effectiveness, efficiency, and alignment of roles
and responsibilities in relation to support the needs of the City.
Citv Duties:
City shall respond to requests for information regarding the City's procurement process
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and will make staff reasonably available for questions concerning roles and operations of
the procurement process.
Deliverable:
Summarization of review provided in Report.
Task 5— Benchmarking Comparable Cities (7 Weeks from Start)
Vendor's Duties:
Vendor will review the City's existing organizational and staffing structure and the
interaction between the payroll function (including existing systems and processes) and
other City functions (such as Treasury, HR and IT).
City's Duties:
City shall respond to requests for information regarding the City's payroll system and
processes.
Deliverable:
Results of benchmark data and summarization of comparative information between
benchmarked agencies and City provided in report.
Task 6— Process Mapping of Current State and Proposed Future State (Optional)
Vendor's Duties:
Vendor will coordinate Mapping Sessions with City staf£ The mapping sessions will
document all steps, tasks, roles, documents, data, metrics, approvals, connections and
systems/technology for all identified procurement processes. The resulting deliverable
from the Mapping Session will reflect the Current State of City Procurement, a GAP
analysis where inefficiencies and inconsistencies lie in the Current State and a draft action
plan with recommendations for a proposed Future State.
Citv's Duties:
City shall cooperate in identifying additional data that is required or desired and will
respond to requests for such additional information regarding the City processes.
Deliverable:
Detailed process maps of current state and desired future state.
Task 7— Technology Analysis and Recommendations (Optional)
Vendor's Duties:
Analysis of procurement-process related systems and use of technology, including the
degree to which all are being maximized to support the existing procurement program and
provide recommendations in support of the proposed processes mapping
recommendations.
City's Duties:
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City shall cooperate in identifying additional data that is required or desired and will
respond to requests for such additional information regarding the City processes.
Deliverable:
Summarization of review provided in Report.
Task 8— Draft Reports (9 Weeks from Start)
Vendor's Duties:
Vendor will prepare and provide the City for review and feedback an initial draft report
detailing the data collected, observations made, and recommendations offered regarding
the City's procurement systems and processes. Vendor's recommendations will be
presented in short-, medium-, and long-term proposed implementation. Vendor will review
City feedback and revise the report accordingly. Following receipt of final feedback,
Vendor will provide City with a finalized report that details the data that was collected,
observations that are being made, and changes that are being recommended to improve the
City's procurement organizational structure and process.
Citv's Duties:
City shall review and provide feedback regarding draft reports.
Deliverable:
Draft report shall be provided electronically in Microsoft compatible format that the City
can edit and offer feedback.
Task 9— Revise and transmit final reports (12 Weeks from Start)
Vendor's Duties:
Following receipt of final feedback, Vendar will provide City with a Final Report that
details the data that was collected, observations that are being made, and changes that are
being recommended to improve the City's procurement organizational structure and
process.
Deliverable:
Final Report containing the conclusions of the entire project. The Final Report shall be
provided electronically in PDF format.
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City Secretary Contract No. Click or tnp here to enter text.
EXHIBIT B
PAYMENT SCHEDULE
Total Project Cost: $ 59,850 Firm Fixed Fee
■ Optional Services:
o Mapping Current State and Future State Recommendations: $32,400
o Technology Assessment: Estimated Range $4,000-$8,000 (dependent upon level
of detail desired)
The Following Fee Schedule will apply:
■ 40% upon completion of the virtual interview phases (Task 3);
■ 40% upon delivery of the draft report (Task 8);
■ 20% upon delivery of the final report (Task 9).
Billing will be based on deliverable completion without City sign-off of each deliverable — billed
as fixed fee. Terms for all undisputed invoicing will be due within 30 days of receipt.
Acceptance of a Deliverable will occur within 10 days after receipt by City unless City notifies
Vendor of a defect within such time period. In the event the Deliverable(s) provided to City do
not meet requirements, Vendor shall have five (5) business days to cure such Defect.
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