HomeMy WebLinkAbout2571 PBA 23/24-219 Piggyback w/Periscope HoldingsSANFORDq 1
FINANCE DEPARTMENT
Wednesday, July 17, 2024
PURCHASING DEPARTMENT
TRANSMITTAL MEMORANDUM
To: City Clerk/Mayor
RE: PBA 23/24-219
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑
Development Order
❑
Mayor's signature
❑
Final Plat (original mylars)
❑
Recording
❑
Letter of Credit
❑
Rendering
❑
Maintenance Bond
®
Safe keeping (Vault)
❑
Ordinance
❑
Deputy City Manager
❑
Performance Bond
❑
Payment Bond
❑
Resolution
❑
City Manager Signature
❑
❑
City Clerk Attest/Signature
❑
City Attorney/Signature
Once completed, please:
❑ Return originals to Purchasing- Department
❑ Return copies
El
Special Instructions: For safe keeping. Includes Agenda Item and North Central Texas
Council of Governments Master Agreement.
C4La:w Kai y,6r
From
TADept_forms\City Clerk Transmittal Memo - 2009.doc
7/1- 7/202.4
Date
' '❑✓ app�0o nJ�D
CITY OF
' S.
NY OF WS RM X
FLORIDA
Item No.
CITY COMMISSION MEMORANDUM 24-1 OO.F
APRIL 8, 2024 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Marisol Ordonez, Purchasing Manager
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Man r
SUBJECT: PBA 23/24-219 Public Sector Procurement Con sulti Services
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Approval for the procurement under PBA 23/24-219, for the review and recommendations for
Purchasing services to Procurement Consulting Services is requested.
FISCAL/STAFFING STATEMENT:
Funding is budgeted and available in the City's Contingency Fund.
BACKGROUND:
The City is piggybacking from The North Central Texas Council of Governments under the Master
Services Agreement #2021-083 for Public Sector Procurement Consulting Services. The City
processed a piggyback contract # PBA 23/24-219 for Public Sector Procurement Consulting
Services.
LEGAL REVIEW:
The Assistant City Attorney has reviewed and has no legal objection to the procurement being
implemented, as proposed, subject to appropriate contracts being processed upon action by the
City Commission.
RECOMMENDATION:
City staff recommends that the City Commission approve the procurement to Periscope Holding,
Inc. in the amount of $ 65,755.
SUGGESTED MOTION:
"I move to award the subject solicitation, as proposed to Periscope Holding, Inc. under the Master
Services Agreement # 2021-083".
Attachments: (1). PBA 23/24-219 City Contract
(2). Master Services Agreement #2021-083 Public Sector Procurement
Consulting Services.
(3). Scope of Services
DocuSign Envelope ID: C9368B43-7FCD-4CC4-924F-3D60DF8CBA1 E
Periscope Holdings, Inc. Piggyback Contract (PBA 23124-219),
For Public Sector Procurement Consulting Services
(North Central Texas Council of Governments)
The City of Sanford, Florida, a municipal corporation (hereinafter referred to as the
"City") enters this "Piggyback" Contract (hereinafter referred to as the "Contract") with
Periscope Holdings, Inc., a Delaware corporation, whose principal address and mailing
address is 15 British American Boulevard, Latham, New York 12110, (hereinafter referred
to as "Periscope"), under the terms and conditions hereinafter provided. The City and
Periscope may be collectively referenced herein as the "Parties."
The City and Periscope agree as follows:
1. The Purchasing Policy for the City of Sanford allows for "piggybacking"
contracts. Pursuant to this procedure, the City is allowed to piggyback an existing
government contract, and there is no need to obtain formal or informal quotations,
proposals or bids. The Parties agree that Periscope has entered into a contract with
the North Central Texas Council of Governments'. The piggybacked agreement to
which this Contract relates is entitled " Master Services Agreement #2021-083 Public
Sector Procurement Consulting Services" (the terms and conditions under which the
award was made) the subject of which solicitation provides the City access to public
sector procurement consulting services. The original North Central Texas Council of
Governments contract documents being referred to herein as the "Original
Government Contract".
1 The North Central Texas Council of Governments is a voluntary association of, by and for local governments,
established to assist in regional planning with the genera; purpose is to strengthen both the individual and collective
power of local governments and to eliminate unnecessary duplication. If operates TXShare which is a cooperative
purchasing program designed to serve as a municipal marketplace for the public sector.
11 Page
Lowrie N Ca1-oot, ACA h WL CA
Lonnie N. Groot, ACA, forMC, C (May 13,202412:17 EDT)
DocuSign Envelope ID: C9368B43-7FCD-4CC4-924F-3D60DF8CBA1E
2. The Original Government Contract is incorporated herein by reference
and is attached as Exhibit "A" to this Contract. All of the terms and conditions set out
in the Original Government Contract are fully binding on the Parties and said terms
and conditions are incorporated herein; provided, however, that the City will negotiate
and enter work orders/purchase orders with Periscope in accordance with City
policies and procedures for particular goods and services within the scope of the
provision of public sector procurement consulting services. All pricing shall be F.O.B.,
City Hall, City of Sanford, with most favored nation pricing.
3. Notwithstanding the requirement that the Original Government Contract
is fully binding on the Parties, the Parties have agreed to modify certain technical
provisions of the Original Government Contract as applied to this Contract between
Periscope and the City, as follows:
a. Insurance Requirements of this Contract: Certificate(s) are to be
provided by Periscope naming City as additional insured or
certificate holder for insurance coverage. Said coverage is
required to be maintained by Periscope in accordance with
Exhibit "B" attached hereto.
b. For other provisions of the Original Government Contract that will
be modified see the City's website, which can be reached at:
https:Hsanfordfl.qov/wp-content/uploads/2023/03/Contract-T-
C Web-Based.pdf with particular regard to when the Original
Government Contract is silent as to a term or condition which matter
needs to be clarified. The Parties shall also be bound by the
purchasing policies and procedures of the City as well as the
controlling provisions of Florida law. Work orders shall be used,
in accordance therewith, in the implementation of this Contract to
the extent deemed necessary by the City in its sole and absolute
discretion.
C. Address change for the City: Notwithstanding the address and
contact information for the government entity as set out in the original
government contract, Periscope agrees that it shall send notices,
invoices and shall conduct all business with the City to the attention
2 1 P a g e
DocuSign Envelope ID: C9368643-7FCD-4CC4-924F-3D60DF8CBA1E
of City Manager, at: City of Sanford, 300 North Park Avenue;
Sanford, Florida 32771. The City Manager's designated
representative for this Contract is:
Marisol Ordonez
Purchasing Manager
City of Sanford Finance Department
Purchasing Division
300 North Park Avenue
Sanford, Florida 32771
Phone: 407.688.5000, extension 5028
Email Marisol.ordonez@sanfordfl.gov
d. Notwithstanding anything in the Original Government Contract to the
contrary, the venue of any dispute will be in Seminole County,
Florida. Litigation between the Parties arising out of this Contract
shall be in Seminole County, Florida in the Court of appropriate
jurisdiction. The laws of the State of Florida shall control any dispute
between the Parties arising out of or related to this Contract, the
performance thereof or any products or services delivered pursuant
to such Contract which laws shall include, but not be limited to, the
laws relating to the procurement of construction project work as
applicable to and binding upon Florida municipalities.
e. Notwithstanding any other provision in the Original Government
Contract to the contrary, there shall be no arbitration with respect to
any dispute between the Parties arising out of this Contract. Dispute
resolution shall be through voluntary and non-binding mediation,
negotiation or litigation in the court of appropriate jurisdiction located
in Seminole County, Florida, with the Parties bearing the costs of
their own legal fees with respect to any dispute resolution, including
litigation.
All the goods and services to be provided or performed shall be in
conformance with commonly accepted industry and professional
codes and standards, standards of the City, and the laws of any
Federal, State or local regulatory agency.
g. PERISCOPE understands that Chapter 119, Florida Statutes,
relating to public records shall be applicable to this Contract and
acknowledges review of, and adherence to, the following
disclosures from the City:
IF THE CONTRACTOR/PERISCOPE HAS
QUESTIONS REGARDING APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE
31 Page
DocuSign Envelope ID: C9368B43-7FCD-4CC4-924F-3D60DF8CBA1E
CONTRACTOR'S (PERISCOPE'S) DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT (407) 688-5012, TRACI
HOUCHIN, MMC, FCRM, CITY CLERK, CITY OF
SANFORD, CITY HALL, 300 NORTH PARK
AVENUE, SANFORD, FL 32771,
TRACI.HOUCHIN@SANFORDFL.GOV.
II. In order to comply with Section 119.0701, Florida Statutes,
public records laws, Periscope must:
A. Keep and maintain public records that ordinarily and
necessarily would be required by the City in order to
perform the service.
B. Provide the public with access to public records on
the same terms and conditions that the City would
provide the records and at a cost that does not
exceed the cost provided in Chapter 119, Florida
Statutes, or as otherwise provided by law.
C. Ensure that public records that are exempt or
confidential and exempt from public records
disclosure requirements are not disclosed except as
authorized by law.
D. Meet all requirements for retaining public records
and transfer, at no cost, to the City all public records
in possession of Periscope upon termination of the
contract and destroy any duplicate public records
that are exempt or confidential and exempt from
public records disclosure requirements. All records
stored electronically must be provided to the City in
a format that is compatible with the information
technology systems of the City.
III. If Periscope does not comply with a public records request,
the City shall enforce the contract provisions in accordance
with this Agreement.
IV. Failure by Periscope to grant such public access and
comply with public records requests shall be grounds for
immediate unilateral cancellation of this Agreement by the
City. Periscope shall promptly provide the City with a copy
41 Page
DocuSign Envelope ID: C9368B43-7FCD-4CC4-924F-3D60DF8CBA1 E
of any request to inspect or copy public records in
possession of Periscope and shall promptly provide the
City with a copy of Periscope's response to each such
request.
h. Periscope, in the event of any ambiguity in the contractual
relationship between Periscope and the City, shall comply with all
"Standard Contractual Terms and Conditions," as provided on the
City's website, which website can be reached and accessed, as
well as said terms and conditions reviewed, at:
https://sanfordfl.gov/wp-content/uploads/2023/03/Contract-T-
C Web-Based.pdf .
All other provisions in the Original Government Contract are fully
binding on the Parties and will represent the agreement between the
City and Periscope.
4. This Agreement shall be effective as of the date of execution of this
Agreement by, or on behalf of, the City.
Attest:
DocuSlgned by:
LY
�b�.aS �/air �Stc
la��av�sse
Vice President/Secretary
5/10/2024
Attest:
By. T dH (May 13 3024 1256 U1
Traci Houchin, MMC, FCRM
City Clerk
Approved as to form and legal sufficiency.
10-q4; GLO ACAaALoWLC 2
By: wn
William L. Colbert
City Attorney
51 Page
PERISCOPE HOLDINGS INC., a
Delaware corporation.
DocuSigned by:
13 y kAYE fjt In fatty
ry -afkAEi_qerF&ajer
President
Date: 5/10/2024
CITY OF SANFORD, a Florida municipal
corporation.
By. MWood.ff(M.yD.2o2 =UDT)
Art Woodruff
Mayor
Date: 05/13/2024
V. Price Proposal
Our pricing below is all-inclusive (to include all professional service hours) and is based on on-
site data analysis and interviews, and virtual/electronic delivery of remaining project services.
Travel expenses incurred for in-person interviews will be invoiced at cost. The Firm Fixed
Pricing presented below includes travel costs.
FIRM FIXED PRICING: $65,755
Billing: Entity will be billed 40% upon completion of the virtual interview phases, 40% upon
delivery of the draft deliverable and 20% upon delivery of the final deliverable. Billing will be
based on deliverable completion without entity sign -off of each deliverable — billed as fixed
fee. Terms for all undisputed invoicing will be Due Upon Receipt.
Acceptance of a Deliverable will occur within 10 days after receipt by entity unless entity
notices NIGP Consulting of a Defect within such time period. In the event the Deliverable(s)
provided to entity does not meet requirements, NIGP Consulting shall have five (5) business
days to cure such Defect.
101 Page
VI. Statement Of Qualifications And Experience
NIGP Consulting — Consulting Team Qualifications
Our consultants are current and former public procurement practitioners. Their experience
and expertise are based upon their leadership and executive positions with government
entities as well as their service as consultants under contracted engagements.
Based upon their individual and collective experience in public sector procurement,
procurement leadership and extensive engagement in the public procurement community,
our Consulting Team brings progressive experience in:
• Goods, services, design, and construction contracting.
• Acquisitions, inventory management and supply chain logistics.
• Large and complex project tasks, including planning, specification and scope of work
development, market research, cost and price analysis, negotiations, contractor
performance assessment, contract management and contract closeout.
• Best practices in public procurement.
• Procurement technology and solutions, including Word, Excel, PowerPoint, and
Outlook.
• Oral and written communication skills.
• Project management, including schedule and budget management.
• Expert advice and guidance to senior level staff members.
Our Consulting Team understands that every public organization has a unique culture. As a
team, we gather information on the goals of the organization for the engagement as well as
on the culture of the organization. We are prepared to bring immediate value, including
implementing specific best practice procurement and contracting strategies for the entity to
assist in your operation. Our team is experienced with the dynamics of political
environments.
Further, we recognize the importance of establishing standard tools and templates to ensure
consistency throughout complex procurement and contracting functions. NIGP Consulting
maintains confidentiality, focusing on developing close client relationships and building trust
with your entity team.
111 Page
VII. NIGP Consulting -- Corporate Qualifications
NIGP Consulting is powered by Periscope Holdings, Inc. ("PHI"), a private corporation that has
been entrusted by NIGP —The Institute for Public Procurement ("NIGP") with the
custodianship and management of the NIGP Consulting program. In addition to managing the
NIGP Consulting program, PHI is the sole custodian of the NIGP Commodity/Services Code.
With its experience and role in support of the NIGP Consulting Program, PHI qualifies,
supports, and manages a team of professional public procurement experts to conduct
procurement reviews, policy and procedure development, and process improvement
engagements for public sector entities across North America.
In contrast to others in the market, NIGP Consulting offers a deep bench of highly qualified,
highly dedicated resources that are recognized as the topic procurement leaders and experts
in their field. The strength of the team ensures NIGP Consulting produces high quality
deliverables on schedule and within budget.
NIGP is a membership -based non-profit organization that provides support to North American
professionals in public sector procurement. Since 1944, NIGP has been promoting,
developing, and supporting the public procurement profession through premier educational
and research programs, professional support, technical services, and advocacy initiatives that
benefit members and constituents. NIGP represents 72 affiliate chapters, 3,000 agency
members representing federal, state, provincial and local government and over 16,200
members serving the public procurement community. NIGP teamed with Periscope (focused
solely on solutions for public sector procurement) to offer organizations the highest quality
public procurement services available at a fair market price. Through this partnership, NIGP
Consulting leverages its access to a vast network of over 17K procurement professionals and
subject -matter experts throughout North America.
A hallmark of the NIGP Consulting program is the unmatched level of expertise in the public
procurement industry among our team members. The NIGP Consulting program, in existence
since 1995, has conducted procurement analyses, reviews and provided procurement support
services for over 150 public sector clients.
Additionally, our team of professionals possess an abundance of knowledge and leadership
experience through their roles in the public procurement industry. This directly facilitates a
thorough understanding of unique circumstances and raises the bar on our effectiveness.
121Page
Below is a sampling of the public entities we have completed projects for over the past 15
years. These engagements offer evidence of the breadth of knowledge, experience, and
capability of the NIGP Consulting Program to deliver superior consulting services in the public
sector.
NIGP CONSULTING
•
CLIENT LIST
. Howard County, MD
. Anchorage School District, AK
. Imperial Irrigation District, CA
. Arlington County, VA
• Long Beach Port Authority, CA
At ants Housing Authority, GA
. Loudon County, VA
• Austin School District, TX
. Manatee County, FL
• CalOptima Integrated Health Services, CA
• Maricopa County, AZ
Cecil ounty, MD
• Mecklenburg County, NC
City of Annapolis, MD
• Miami Dade Expressway, FL
. City of Austin, TX
. Nashville International Airport
. City of Dallas, TX
. New Braunfels Utility, TX
City of Deertield,•
Orange County, CA
. City of Ft Worth, TX
• Prince George County, MD
• City of Hamilton, ON
. San Diego County, CA
City of Kirkwood,
. Seminole County, FL
. City of Long Beach, CA
• Snohomish County, WA
. City of Miami Beach, FL
. St. Louis County, MO
• City of North Miami Beach, FL
. St. Mary's Metropolitan County Commission, MD
. City of Orlando, FL
• State of Illinois Capital Improvement Board
. City of Palo Alto, CA
. State of Maine
• City of Port Orange, FL
• State of Maryland
. City of San Antonio, TX
. State of Michigan
. San Antonio Water System
. State of Nevada
. Contra Costa County, CA
• State of Oregon Treasury
• DC Public Schools
• State of Washington
. Fairbanks North Star Borough, AK
. Suffolk County, NY
. Golden Gate District Authority
• University of North Carolina - Greensboro
. Houston County, TX
• Virginia Commonwealth University
131 Page
VIII. Additional Data
Our Differentiator
The NIGP Consulting program is truly unique:
• We are single-minded in purpose and focus on the transformation and advancement
of public procurement.
• All clients are public sector procurement organizations.
• Each of our consultants has hands-on experience performing critical procurement and
contracting functions within public sector organizations.
• We ensure that the Public Procurement Values of Accountability, Ethics, Impartiality,
Professionalism, Service and Transparency are engrained in every aspect of our work,
our deliverables, and our relationships. (In fact, we helped establish these Values as
well as the subsequent Best Practices of Public Procurement for our industry.)
• We are committed to helping all public procurement entities transform into centers of
procurement excellence.
• We passionately live our mission: Procurement Professionals Delivering Results.
Additional Services Available
Beyond the services anticipated in the Procurement Process Review, NIGP Consulting has
numerous supplemental and related services available to further support this engagement.
Below is a listing of a few of the procurement -related services available upon request:
Benchmarking Comparable Agencies
Process Mapping of Current State and Proposed Future State
D Staff Augmentation
Organizational, Staff and Workload Assessment
Spend/Category Management and Analytics
14 1 Page
IX. Signature
City agrees that it shall not refer to the consulting services and process review by NIGP in any
marketing or promotional materials. However, City shall have the right, for informational
purposes, to state the fact that NIGP was engaged to provide consulting services. Periscope
retains the right to list City as a client and may request a written testimonial or reference from
City for the work performed. An authorized signature below indicates acceptance of this
Proposal.
Agreed:
By:
Periscope Holdings, Inc.
Signature
Mark Eigenbauer, President
Date
By:
Cit SaPAM,,/
Signature
2 J21
Printed Name and Title
/� —/(- ;'b
Date
Periscope Holdings, Inc. Piggyback Contract (PBA 23/24-219),
For Public Sector Procurement Consulting Services
(North Central Texas Council of Governments)
The City of Sanford, Florida, a municipal corporation (hereinafter referred to as the
"City") enters this "Piggyback" Contract (hereinafter referred to as the "Contract") with
Periscope Holdings, Inc., a Delaware corporation, whose principal address and mailing
address is 15 British American Boulevard, Latham, New York 12110, (hereinafter referred
to as "Periscope"), under the terms and conditions hereinafter provided. The City and
Periscope may be collectively referenced herein as the "Parties."
The City and Periscope agree as follows:
1. The Purchasing Policy for the City of Sanford allows for "piggybacking"
contracts. Pursuant to this procedure, the City is allowed to piggyback an existing
government contract, and there is no need to obtain formal or informal quotations,
proposals or bids. The Parties agree that Periscope has entered into a contract with
the North Central Texas Council of Governments'. The piggybacked agreement to
which this Contract relates is entitled " Master Services Agreement #2021-083 Public
Sector Procurement Consulting Services" (the terms and conditions under which the
award was made) the subject of which solicitation provides the City access to public
sector procurement consulting services. The original North Central Texas Council of
Governments contract documents being referred to herein as the "Original
Government Contract".
1 The North Central Texas Council of Governments is a voluntary association of, by and for local governments,
established to assist in regional planning with the genera; purpose is to strengthen both the individual and collective
power of local governments and to eliminate unnecessary duplication. If operates TXShare which is a cooperative
purchasing program designed to serve as a municipal marketplace for the public sector.
1Page
2. The Original Government Contract is incorporated herein by reference
and is attached as Exhibit "A" to this Contract. All of the terms and conditions set out
in the Original Government Contract are fully binding on the Parties and said terms
and conditions are incorporated herein; provided, however, that the City will negotiate
and enter work orders/purchase orders with Periscope in accordance with City
policies and procedures for particular goods and services within the scope of the
provision of public sector procurement consulting services. All pricing shall be F.O.B.,
City Hall, City of Sanford, with most favored nation pricing.
3. Notwithstanding the requirement that the Original Government Contract
is fully binding on the Parties, the Parties have agreed to modify certain technical
provisions of the Original Government Contract as applied to this Contract between
Periscope and the City, as follows:
a. Insurance Requirements of this Contract: Certificate(s) are to be
provided by Periscope naming City as additional insured or
certificate holder for insurance coverage. Said coverage is
required to be maintained by Periscope in accordance with
Exhibit "B" attached hereto.
b. For other provisions of the Original Government Contract that will
be modified see the City's website, which can be reached at:
www.SanfordFL.gov with particular regard to when the Original
Government Contract is silent as to a term or condition which matter
needs to be clarified. The Parties shall also be bound by the
purchasing policies and procedures of the City as well as the
controlling provisions of Florida law. Work orders shall be used,
in accordance therewith, in the implementation of this Contract to
the extent deemed necessary by the City in its sole and absolute
discretion.
C. Address change for the City: Notwithstanding the address and
contact information for the government entity as set out in the original
government contract, Periscope agrees that it shall send notices,
invoices and shall conduct all business with the City to the attention
of City Manager, at: City of Sanford, 300 North Park Avenue;
21 Page
Sanford, Florida 32771. The City Manager's designated
representative for this Contract is:
Marisol Ordonez
Purchasing Manager
City of Sanford Finance Department
Purchasing Division
300 North Park Avenue
Sanford, Florida 32771
Phone: 407.688.5000, extension 5028
Email Marisol.ordonez@sanfordfl.gov
d. Notwithstanding anything in the Original Government Contract to the
contrary, the venue of any dispute will be in Seminole County,
Florida. Litigation between the Parties arising out of this Contract
shall be in Seminole County, Florida in the Court of appropriate
jurisdiction. The laws of the State of Florida shall control any dispute
between the Parties arising out of or related to this Contract, the
performance thereof or any products or services delivered pursuant
to such Contract which laws shall include, but not be limited to, the
laws relating to the procurement of construction project work as
applicable to and binding upon Florida municipalities.
e. Notwithstanding any other provision in the Original Government
Contract to the contrary, there shall be no arbitration with respect to
any dispute between the Parties arising out of this Contract. Dispute
resolution shall be through voluntary and non-binding mediation,
negotiation or litigation in the court of appropriate jurisdiction located
in Seminole County, Florida, with the Parties bearing the costs of
their own legal fees with respect to any dispute resolution, including
litigation.
f. All the goods and services to be provided or performed shall be in
conformance with commonly accepted industry and professional
codes and standards, standards of the City, and the laws of any
Federal, State or local regulatory agency.
g. PERISCOPE understands that Chapter 119, Florida Statutes,
relating to public records shall be applicable to this Contract and
acknowledges review of, and adherence to, the following
disclosures from the City:
IF THE CONTRACTOR/PERISCOPE HAS
QUESTIONS REGARDING APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S (PERISCOPE'S) DUTY TO
3�Page
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT (407) 688-5012, TRACI
HOUCHIN, MMC, FCRM, CITY CLERK, CITY OF
SANFORD, CITY HALL, 300 NORTH PARK
AVENUE, SANFORD, FL 32771,
TRACI.HOUCHIN@SANFORDFL.GOV.
II. In order to comply with Section 119.0701, Florida Statutes,
public records laws, Periscope must:
A. Keep and maintain public records that ordinarily and
necessarily would be required by the City in order to
perform the service.
B. Provide the public with access to public records on
the same terms and conditions that the City would
provide the records and at a cost that does not
exceed the cost provided in Chapter 119, Florida
Statutes, or as otherwise provided by law.
C. Ensure that public records that are exempt or
confidential and exempt from public records
disclosure requirements are not disclosed except as
authorized by law.
D. Meet all requirements for retaining public records
and transfer, at no cost, to the City all public records
in possession of Periscope upon termination of the
contract and destroy any duplicate public records
that are exempt or confidential and exempt from
public records disclosure requirements. All records
stored electronically must be provided to the City in
a format that is compatible with the information
technology systems of the City.
III. If Periscope does not comply with a public records request,
the City shall enforce the contract provisions in accordance
with this Agreement.
IV. Failure by Periscope to grant such public access and
comply with public records requests shall be grounds for
immediate unilateral cancellation of this Agreement by the
City. Periscope shall promptly provide the City with a copy
of any request to inspect or copy public records in
4�Page
possession of Periscope and shall promptly provide the
City with a copy of Periscope's response to each such
request.
h. Periscope, in the event of any ambiguity in the contractual
relationship between Periscope and the City, shall comply with all
"Standard Contractual Terms and Conditions," as provided on the
City's website, which website can be reached and accessed, as
well as said terms and conditions reviewed, at:
www.SanfordFL.gov.
i. All other provisions in the Original Government Contract are fully
binding on the Parties and will represent the agreement between the
City and Periscope.
4. This Agreement shall be effective as of the date of execution of this
Agreement by, or on behalf of, the City.
Attest. PERISCOPE HOLDINGS INC., a
Delaware corporation.
Bv:
Nicolas Vanasse
Vice President/Secretary
Attest.,
By:
Mark Eigenbauer
President
Date:
CITY OF SANFORD„a FIXrida n)&icipal
By: �J' L�('�',l'��',�l'�,L%vL 1�1 tL�l��'.�:.►;l�t. ,°By�> �,�- i ..i
Traci Houchin, MMC, FCRMk' Arf, op ruff /
City Clerk Meyo�
Approved as to form and legal suffiejeti.cy�.-<
r7
By: lf
Wiliam L. Colbert
City Attorney
51 Page
Exhibit "A"
[Attach original government contract]
61 Page
EXHIBIT "B"
INSURANCE REQUIREMENTS
(1) Periscope shall obtain or possess and continuously maintain the following
insurance coverage, from a company or companies, with a Best Rating of A- or better,
authorized to do business in the State of Florida and in a form acceptable to the City and
with only such terms and conditions as may be acceptable to the City unless the bid
documents exclude or include certain types of insurance coverage or the level of
coverage:
(a) Workers Compensation/Employer Liability: Periscope shall provide
Worker's Compensation for all employees. The limits will be statutory
limits for Worker's Compensation insurance and $3,000,000 for
Employer's Liability.
(b) Comprehensive General Liability: Periscope shall provide coverage
for all operations including, but not limited to, contractual, products,
complete operations, and personal injury. Commercial General
Liability is to include premises/operations liability, products and
completed operations coverage, and independent contractor's
liability or owner's and vendor's protective liability. The limits will not
be less than $2,000,000 Combined Single Limit (CDL) or its
equivalent.
(c) Comprehensive Automobile Liability: Periscope shall provide
complete coverage for owned and non -owned vehicles for limits not
less than $2,000,000 CSL or its equivalent.
(d) Professional Liability: Periscope shall provide coverage for all
professional services performed. The limits will not be less than
$2,000,000 CSL or its equivalent.
(e) Sex Abuse Liability: Periscope shall provide coverage with limits not
less than $1,000,000 CSL or its equivalent.
(2) All insurance other than Workers Compensation to be maintained by
PERISCOPE shall specifically include the City as an additional insured.
(3) For additional insurance requirements reference is made to the
requirements shown in the City's "Standard Contractual Terms and Conditions," as
provided on the City's website, which website can be reached and accessed, as well as
said terms and conditions reviewed, at: www.SanfordFL.gov.
Page
DocuSign Envelope ID: BDD9D121-89AA-487E-896F-B7671FA50A2F
Texas
SHARE
Your Public Sector Solutions Center
MASTER SERVICES AGREEMENT #2021-083
Public Sector Procurement Consulting Services
THIS MASTER SERVICES AGREEMENT ("A2reement"), effective the last date of signed approval
("Effective Date"), is entered into by and between the North Central Texas Council of Governments
("NCTCOG"), a Texas political subdivision and non-profit corporation, with offices located at 616 Six
Flags Drive, Arlington, TX 76011, and
Periscope Holdings Inc. ("Contractor")
5000 Plaza on the Lake, Suite 100
Austin, TX 78746
ARTICLE I
RETENTION OF THE CONTRACTOR
1.1 This Agreement defines the terms and conditions upon which the Contractor agrees to provide Public
Sector Procurement Consulting Services (hereinafter, "Services") to governmental entities
participating in the Texas SHARE program (hereinafter "Participating Entities"). The Contractor is
being retained to provide services described below to Participating Entities based on the Contractor's
demonstrated competence and requisite qualifications to perform the scope of the services described
herein and in the Request for Proposals #2021-083 (hereinafter, "RFP"). The Contractor demonstrated
they have the resources, experience, and qualifications to perform the described services, which is of
interest to Participating Entities and was procured via the RFP. NCTCOG agrees to and hereby does
retain the Contractor, as an independent contractor, and the Contractor agrees to provide services to
Participating Entities, in accordance with the terms and conditions provided in this Agreement and
consistent with Contractor's response to the RFP.
ARTICLE II
SCOPE OF SERVICES
2.1 The Contractor will provide Services described in a written Purchase Order issued by NCTCOG or a
SHARE Participating Entity. Any such Purchase Order is hereby incorporated by reference and made
a part of this Agreement and shall be subject to the terms and conditions in this Agreement. In the event
of a conflict between any term or provision in this Agreement and any term or provision in a Purchase
Order, the term or provision in this Agreement shall control unless the conflicting term or provision in
this Agreement is referenced, and expressly stated not to apply, in such Purchase Order.
2.2 All Services rendered under this Agreement will be performed by the Contractor: i) with due care; ii)
in accordance with generally prevailing industry standards; iii) in accordance with Participating
Entities' standard operating procedures and applicable policies, as may be amended from time to time;
and iv) in compliance with all applicable laws, government regulatory requirements, and any other
written instructions, specifications, guidelines, or requirements provided by NCTCOG and/or
Participating Entities.
2.3 Any agreed-upon changes to a Purchase Order shall be set forth in a subsequent Purchase Order
amendment. Contractor will not implement any changes or any new Services until a Purchase Order
has been duly executed by Participating Entity. For the avoidance of doubt, the Contractor
acknowledges that Participating Entity is under no obligation to execute a Purchase Order. Participating
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DocuSign Envelope ID: BDD9D121-89AA-487E-896F-B7671FA50A2F
L�.L.Ly all"11 11VL IMU , IVI uILy UILIVUllLa ,ot included in a Purchase Order in the absence of a fully
executed amendment of Purchase Order.
2.4 Pricing for items in Appendix A.1 represent the maximum cost for each item offered by the Contractor.
Contractor and Participating Entity may mutually agree to a lower cost for any item covered under this
agreement.
2.5 NCTCOG Obligations
2.5.1 NCTCOG shall make available a contract page on its TXSHARE.org website which
will include contact information for the Contractor(s).
2.6 Participating Entity Obligations.
2.6.1 In order to utilize the Services, Participating Entities must have executed a Master
Interlocal Agreement for Texas SHARE with NCTCOG. This agreement with the
Participating Entity will define the legal relationship between NCTCOG and the
Participating Entity.
2.6.2 In order to utilize the Services, Participating Entities must execute a Purchase Order
with the Contractor. This agreement with the Participating Entity will define the
Services and costs that the Participating Entity desires to have implemented by the
Contractor.
2.7 Contractor Obligations.
2.7.1 Contractor must be able to deliver, perform, install, and implement services with the
requirements and intent of RFP #2021-083
2.7.2 If applicable, Contractor shall provide all necessary material, labor and management
required to perform this work. The scope of services shall include, but not be limited
to, items listed in Appendix A.
2.7.3 Contractor agrees to market and promote the use of the SHARE awarded contract
whenever possible among its current and solicited customer base. Contractor shall
agree to follow reporting requirements in report sales made under this Master Services
Agreement in accordance with Section 4.2.
ARTICLE III
UI
3.1 This Agreement will commence on the Effective Date and remain in effect for an initial term ending on
February 24, 2024 (the "Term"), unless earlier terminated as provided herein. This Agreement may
be renewed, at NCTCOG's sole discretion, for up to three (3) additional one (1) year terms through
February 24, 2027.
3.2 Termination. NCTCOG and/or Participating Entities may terminate this Agreement and/or any
Purchase Order to which it is a signatory at any time, with or without cause, upon thirty (30) days' prior
written notice to Contractor. Upon its receipt of notice of termination of this Agreement or Purchase
Order, Contractor shall follow any instructions of NCTCOG respecting work stoppage. Contractor
shall cooperate with NCTCOG and/or Participating Entities to provide for an orderly conclusion of the
Services. Contractor shall use its best efforts to minimize the amount of any non -cancelable obligations
and shall assign any contracts related thereto to NCTCOG or Participating Entity at its request. If
NCTCOG or Participating Entity elects to continue any activities underlying a terminated Purchase
Order after termination, Contractor shall cooperate with NCTCOG or Participating Entity to provide
for an orderly transfer of Contractor's responsibilities with respect to such Purchase Order to NCTCOG
or Participating Entity. Upon the effective date of any such termination, the Contractor shall submit a
final invoice for payment in accordance with Article IV, and NCTCOG or Participating Entity shall
pay such amounts as are due to Contractor through the effective date of termination. NCTCOG or
Participating Entity shall only be liable for payment of services rendered before the effective date of
termination. If Agreement is terminated, certain reporting requirements identified in this Agreement
shall survive termination of this Agreement.
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DocuSign Envelope ID: BDD9D121-89AA-487E-896F-B7671FA50A2F
3.2.1 Termination for Cause: Either party may immediately terminate this Agreement if the
other party breaches its obligations specified within this Agreement, and, where
capable of remedy, such breach has not been materially cured within thirty (30) days
of the breaching party's receipt of written notice describing the breach in reasonable
detail.
3.2.2 Breach: Upon any material breach of this Agreement by either party, the non -
breaching party may terminate this Agreement upon twenty (20) days written notice
to the breaching party. The notice shall become effective at the end of the twenty (20)
day period unless the breaching party cures such breach within such period.
ARTICLE IV
COMPENSATION
1 Invoices. Contractor shall submit an invoice to the ordering Participating Entity upon receipt of an
executed Purchase Order and after completion of the work, with Net 30 payment terms. Costs
incurred prior to execution of this Agreement are not eligible for reimbursement. There shall be no
obligation whatsoever to pay for performance of this Agreement from the monies of the NCTCOG or
Participating Entities, other than from the monies designated for this Agreement and/or executed
Purchase Order. Contractor expressly agrees that NCTCOG shall not be liable, financial or
otherwise, for Services provided to Participating Entities.
4.2 Reporting. NCTCOG intends to make this Agreement available to other governmental entities through
its SHARE cooperative purchasing program. Contractor shall submit to NCTCOG on a calendar
quarterly basis a report that identifies any new client Participating Entities, the date and order number,
and the total contracted value of services that each Participating Entity has purchased and paid in full
under this Master Service Agreement. Reporting and invoices should be submitted to:
NCTCOG
ATTN: Texas SHARE
PO Box 5888
Arlington, TX 76005-5888
Email: TexasSHARE(2nctcog.org
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DocuSign Envelope ID: BDD9D1 21-89AA-487E-896F-B7671 FA50A2F .,RTICLE V
SERVICE FEE
5.1 Explanation. NCTCOG will make this Master Service Agreement available to other governmental
entities, Participating Entities, and non-profit agencies in Texas and the rest of the United States through
its SHARE cooperative purchasing program. The Contractor is able to market the Services under this
Agreement to any Participating Entity with emphasis that competitive solicitation is not required when
the Participating Entity purchases off of a cooperative purchasing program such as SHARE. However,
each Participating Entity will make the decision that it feels is in compliance with its own purchasing
requirements. The Contractor realizes substantial efficiencies through their ability to offer pricing
through the SHARE Cooperative and that will increase the sales opportunities as well as reduce the
need to repeatedly respond to Participating Entities' Requests for Proposals. From these efficiencies,
Contractor will pay an administrative fee to SHARE calculated as a percentage of sales processed
through the SHARE Master Services Agreement. This administrative fee is not an added cost to
SHARE participants. This administrative fee covers the costs of solicitation of the contract, marketing
and facilitation, as well as offsets expenses incurred by SHARE.
5.2 Administrative Fee. NCTCOG will utilize an administrative fee, in the form of a percent of cost that
will apply to all contracts between awarded contractor and NCTCOG or participants resulting from this
solicitation. The administrative fee will be remitted by the contractor to NCTCOG on a quarterly basis,
along with required quarterly reporting. The remuneration fee for this program will be 2% on sales.
5.3 Setup and Implementation. NCTCOG will provide instruction and guidance as needed to the
Contractor to assist in maximizing mutual benefits from marketing these Services through the
SHARE purchasing program.
ARTICLE VI
RELATIONSHIP BETWEEN THE PARTIES
6.1 Contractual Relationship. It is understood and agreed that the relationship described in this
Agreement between the Parties is contractual in nature and is not to be construed to create a partnership
or joint venture or agency relationship between the parties. Neither party shall have the right to act on
behalf of the other except as expressly set forth in this Agreement. Contractor will be solely
responsible for and will pay all taxes related to the receipt of payments hereunder and shall give
reasonable proof and supporting documents, if reasonably requested, to verify the payment of such
taxes. No Contractor personnel shall obtain the status of or otherwise be considered an employee of
NCTCOG or Participating Entity by virtue of their activities under this Agreement.
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DocuSign Envelope ID: BDD9D1 21-89AA-487E-896F-B7671 FA50A2F A.'TICLE VII
REPRESENTATION AND WARRANTIES
7.1 Representations and Warranties. Contractor represents and warrants that:
7.1.1 As of the Effective Date of this Agreement, it is not a party to any oral or written contract or
understanding with any third party that is inconsistent with this Agreement and/or would affect
the Contractor's performance under this Agreement; or that will in any way limit or conflict
with its ability to fulfill the terms of this Agreement. The Contractor further represents that it
will not enter into any such agreement during the Term of this Agreement;
7.1.2 NCTCOG is prohibited from making any award or permitting any award at any tier to any party
which is debarred or suspended or otherwise excluded from, or ineligible for, participation in
federal assistance programs under Executive Order 12549, Debarment and Suspension.
Contractor and its subcontractors shall include a statement of compliance with Federal and State
Debarment and suspension regulations in all Third -party contracts.
7.1.3 Contractor shall notify NCTCOG if Contractor or any of the Contractor's sub -contractors
becomes debarred or suspended during the performance of this Agreement. Debarment or
suspension of the Contractor or any of Contractor's sub -contractors may result in immediate
termination of this Agreement.
7.1.4 Contractor and its employees and sub -contractors have all necessary qualifications, licenses,
permits, and/or registrations to perform the Services in accordance with the terms and conditions
of this Agreement, and at all times during the Term, all such qualifications, licenses, permits,
and/or registrations shall be current and in good standing.
7.1.5 Contractor shall, and shall cause its representatives to, comply with all municipal, state, and
federal laws, rules, and regulations applicable to the performance of the Contractor's obligations
under this Agreement.
ARTICLE VIII
CONFIDENTIAL INFORMATION AND OWNERSHIP
8.1 Confidential Information—Contractor acknowledges that any information it or its employees, agents,
or subcontractors obtain regarding the operation of NCTCOG or Participating Entities, its products,
services, policies, customer, personnel, and other aspect of its operation ("Confidential Information")
is proprietary and confidential, and shall not be revealed, sold, exchanged, traded, or disclosed to any
person, company, or other entity during the period of the Contractor's retention hereunder or at any
time thereafter without the express written permission of NCTCOG or Participating Entity.
Notwithstanding anything in this Agreement to the contrary, Contractor shall have no obligation of
confidentiality with respect to information that (i) is or becomes part of the public domain through no
act or omission of Contractor; (ii) was in Contractor's lawful possession prior to the disclosure and had
not been obtained by Contractor either directly or indirectly from the NCTCOG or Participating Entity;
(iii) is lawfully disclosed to Contractor by a third party without restriction on disclosure; (iv) is
independently developed by Contractor without use of or reference to the NCTCOG's Participating
Entity's Confidential Information; or (v) is required to be disclosed by law or judicial, arbitral or
governmental order or process, provided Contractor gives the NCTCOG or Participating Entity prompt
written notice of such requirement to permit the NCTCOG or Participating Entity to seek a protective
order or other appropriate relief. Contractor acknowledges that NCTCOG and Participating Entities
must strictly comply with applicable public information laws, in responding to any request for public
information. This obligation supersedes any conflicting provisions of this Agreement.
8.2 Ownership. No title or ownership rights to any applicable software are transferred to the NCTCOG by
this agreement. The Contractor and its suppliers retain all right, title and interest, including all copyright
and intellectual property rights, in and to, the software (as an independent work and as an underlying
work serving as a basis for any improvements, modifications, derivative works, and applications
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DocuSign Envelope ID: BDD9D121-89AA-487E-896F-B7671FA50A2F
,.guy u,,VVlVJJ), «11u all L,iereof. All final documents, data, reports, information, or
materials are and shall at all times be and remain, upon payment of Contractor's invoices therefore, the
property of NCTCOG or Participating Entity and shall not be subject to any restriction or limitation on
their future use by, or on behalf of, NCTCOG or Participating Entity, except otherwise provided herein.
Subject to the foregoing exception, if at any time demand be made by NCTCOG or Participating Entity
for any documentation related to this Agreement and/or applicable Purchase Orders for the NCTCOG
and/or any Participating Entity, whether after tennination of this Agreement of otherwise, the same
shall be turned over to NCTCOG without delay, and in no event later than thirty (30) days after such
demand is made. Contractor shall have the right to retain copies of documentation, and other items for
its archives. If for any reason the foregoing Agreement regarding the ownership of documentation is
determined to be unenforceable, either in whole or in part, the Contractor hereby assigns and agrees to
assign to NCTCOG all rights, title, and interest that the Contractor may have or at any time acquire in
said documentation and other materials, provided that the Contractor has been paid the aforesaid.
ARTICLE IX
GENERAL PROVISIONS
9.1 Notices. All notices from one Party to another Party regarding this Agreement shall be in writing and
delivered to the addresses shown below:
If to NCTCOG: North Central Texas Council of Governments
P.O. Box 5888
Arlington, TX 76005-5888
Attn: Brent Moll
(682) 433-0479
Bmoll@nctcog.or
If to Contractor: Periscope Holdings Inc.
Attn: Marchetta Gillespie
5000 Plaza on the Lake, Suite 100
Austin, TX 78746
(512) 472-9062
mgillespiegperiscopeholdin sg_com
The above contact information may be modified without requiring an amendment to the Agreement.
9.2 Tax. NCTCOG and several participating entities are exempt from Texas limited sales, federal excise
and use tax, and does not pay tax on purchase, rental, or lease of tangible personal property for the
organization's use. A tax exemption certificate will be issued upon request.
9.3 Indemnification. Contractor shall defend, indemnify, and hold harmless NCTCOG and Participating
Entities, NCTCOG's affiliates, and any of their respective directors, officers, employees, agents,
subcontractors, successors, and assigns from any and all suits, actions, claims, demands, judgments,
liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees and court costs)
(collectively, "Losses") arising out of or relating to: (i) Services performed and carried out pursuant to
this Agreement; (ii) breach of any obligation, warranty, or representation in this Agreement, (iii) the
negligence or willful misconduct of Contractor and/or its employees or subcontractors; or (iv) any
infringement, misappropriation, or violation by Contractor and/or its employees or subcontractors of
any right of a third party; provided, however, that Contractor shall have no obligation to defend,
indemnify, or hold harmless to the extent any Losses are the result of NCTCOG's or Participating
Entities' gross negligence or willful misconduct.
9.4 Limitation of Liability. In no event shall either party be liable for special, consequential, incidental,
indirect or punitive loss, damages or expenses arising out of or relating to this Agreement, whether
arising from a breach of contract or warranty, or arising in tort, strict liability, by statute or otherwise,
even if it has been advised of their possible existence or if such loss, damages or expenses were
reasonably foreseeable.
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DocuSign Envelope D: BDD9DL11s-3Ef1 FA50A2iUU1uyilvV1VII 1V «ic contrary, neither party's liability shall be limited by this
Article with respect to claims arising from breach of any confidentiality obligation, arising from such
party's infringement of the other party's intellectual property rights, covered by any express indemnity
obligation of such party hereunder, arising from or with respect to injuries to persons or damages to
tangible property, or arising out of the gross negligence or willful misconduct of the party or its
employees.
9.5 Insurance. At all times during the term of this Agreement, Contractor shall procure, pay for, and
maintain, with approved insurance carriers, the minimum insurance requirements set forth below,
unless otherwise agreed in a Purchase Order between Contractor and Participating Entities. Further,
Contractor shall require all contractors and sub -contractors performing work for which the same
liabilities may apply under this Agreement to do likewise. All subcontractors performing work for
which the same liabilities may apply under this contract shall be required to do likewise. Contractor
may cause the insurance to be effected in whole or in part by the contractors or sub -contractors under
their contracts. NCTCOG reserves the right to waive or modify insurance requirements at its sole
discretion.
9.5.1 Workers' Compensation: Statutory limits and employer's liability of $100,000 for each
accident or disease.
9.5.2 Commercial General Liability:
9.5.2.1 Required Limits:
$1,000,000 per occurrence;
$3,000,000 Annual Aggregate
9.5.2.2 Commercial General Liability policy shall include:
9.5.2.2.1 Coverage A: Bodily injury and property damage;
9.5.2.2.2 Coverage B: Personal and Advertising Injury liability;
9.5.2.2.3 Coverage C: Medical Payments;
9.5.2.2.4 Products: Completed Operations;
9.5.2.2.5 Fire Legal Liability;
9.5.2.3 Policy coverage must be on an "occurrence" basis using CGL forms as approved
by the Texas State Board of Insurance.
9.5.3 Business Auto Liability: Coverage shall be provided for all owned hired, and non -owned
vehicles. Required Limit: $1,000,000 combined single limit each accident.
9.5.4 Professional Errors and Omissions liability:
9.5.4.1 Required Limits:
$1,000,000 Each Claim
$1,000,000 Annual Aggregate
9.6 Conflict of Interest. During the term of this Agreement, and all extensions hereto and for a period
of one (1) year thereafter, neither party, shall, without the prior written consent of the other, directly
or indirectly, whether for its own account or with any other persons or entity whatsoever, employ,
solicit to employ or endeavor to entice away any person who is employed by the other party.
9.7 Force Majeure. It is expressly understood and agreed by both parties to this Agreement that, if the
performance of any provision of this Agreement is delayed by force majeure, defined as reason of
war, civil commotion, act of God, governmental restriction, regulation or interference, fire,
explosion, hurricane, flood, failure of transportation, court injunction, or any circumstances which
are reasonably beyond the control of the party obligated or permitted under the terms of this
Agreement to do or perform the same, regardless of whether any such circumstance is similar to any
of those enumerated herein, the party so obligated or permitted shall be excused from doing or
performing the same during such period of delay, so that the period of time applicable to such
requirement shall be extended for a period of time equal to the period of time such party was
delayed. Each party must inform the other in writing within a reasonable time of the existence of
such force majeure.
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DocuSign Envelope ID: BDD9D121-89AA-487E-896F-B7671FA50A2F
,.0 �.,....y .V , G.LUX AIR. �v„„a%,Lv, ur:,,� ,. promptly to inform NCTCOG of any event or change in
circumstances which may reasonably be expected to negatively affect the Contractor's ability to
perfonn its obligations under this Agreement in the manner contemplated by the parties.
9.9
Availability of Funding. This Agreement and all claims, suits, or obligations arising under or
related to this Agreement are subject to and limited by the receipt and availability of funds which
are received from the Participating Entities by NCTCOG dedicated for the purposes of this
Agreement.
9.10
Governing Law. This Agreement will be governed by and construed in accordance with the laws
of the State of Texas, United States of America. The mandatory and exclusive venue for the
adjudication or resolution of any dispute arising out of this Agreement shall be in Tarrant County,
Texas.
9.11
Waiver. Failure by either party to insist on strict adherence to any one or more of the terms or
conditions of this Agreement, or on one or more occasions, will not be construed as a waiver, nor
deprive that party of the right to require strict compliance with the same thereafter.
9.12
Entire Agreement. This Agreement and any attachments/addendums, as provided herein,
constitutes the entire agreement of the parties and supersedes all other agreements, discussions,
representations or understandings between the parties with respect to the subject matter hereof. No
amendments hereto, or waivers or releases of obligations hereunder, shall be effective unless agreed
to in writing by the parties hereto.
9.13
Assignment. This Agreement may not be assigned by either Party without the prior written consent
of the other Party.
9.14
Severability. In the event any one or more of the provisions contained in this Agreement shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability shall not affect any other provision(s) hereof, and this Agreement shall be
revised so as to cure such invalid, illegal, or unenforceable provision(s) to carry out as near as
possible the original intents of the Parties.
9.15
Amendments. This Agreement may be amended only by a written amendment executed by both
Parties, except that any alterations, additions, or deletions to the terms of this Agreement, which are
required by changes in Federal and State law or regulations or required by the funding source, are
automatically incorporated into this Agreement without written amendment hereto and shall become
effective on the date designated by such law or regulation.
9.16
Dispute Resolution. The parties to this Agreement agree to the extent possible and not in
contravention of any applicable State or Federal law or procedure established for dispute resolution,
to attempt to resolve any dispute between them regarding this Agreement informally through
voluntary mediation, arbitration or any other local dispute mediation process, including but not
limited to dispute resolution policies of NCTCOG, before resorting to litigation.
9.17
Publicity. Contractor shall not issue any press release or make any statement to the media with
respect to this Agreement or the services provided hereunder without the prior written consent of
NCTCOG.
9.18
Survival. Rights and obligations under this Agreement which by their nature should survive will
remain in effect after termination or expiration hereof.
ARTICLE X
ADDITIONAL REQUIREMENTS
10.1
Equal Employment Opportunity. Contractor shall not discriminate against any employee or
applicant for employment because of race, religion, color, sex, sexual orientation, gender identity,
or national origin. Contractor shall take affirmative actions to ensure that applicants are employed,
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DocuSign Envelope ID: BDD9D121-89AA-487E-896F-B7671FA50A2F
u„u «IuL,,,,IN,,,y,,, Z CLI,, «,,MUu UU1111s LL,vir employment, without regard to their race, religion, color,
sex, sexual orientation, gender identity, or national origin. Such actions shall include, but not be
limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship.
10.2 Davis -Bacon Act. Contractor agrees to comply with all applicable provisions of 40 USC § 3141 —
3148.
10.3 Contract Work Hours and Selection Standards. Contractor agrees to comply with all applicable
provisions of 40 USC § 3701 — 3708 to the extent this Agreement indicates any employment of
mechanics or laborers.
10.4 Rights to Invention Made Under Contract or Agreement. Contractor agrees to comply with all
applicable provisions of 37 CFR Part 401.
10.5 Clean Air Act, Federal Water Pollution Control Act, and Energy Policy Conservation Act.
Contractor agrees to comply with all applicable provisions of the Clean Air Act under 42 USC §
7401— 7671, the Energy Federal Water Pollution Control Act 33 USC § 1251-1387, and the Energy
Policy Conservation Act under 42 USC § 6201.
10.6 Debarment/Suspension. Contractor is prohibited from making any award or permitting any award
at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for
participation in federal assistance programs under Executive Order 12549, Debarment and
Suspension. Contractor and its subcontractors shall comply with the Certification Requirements for
Recipients of Grants and Cooperative Agreements Regarding Debarments and Suspensions.
10.7 Restrictions on Lobbying. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) --Contractors that
apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies
to the tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.
Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal
award.
10.8 Procurement of Recovered Materials. Contractor agrees to comply with all applicable provisions
of 2 CFR §200.322.
10.9 Drug -Free Workplace. Contractor shall provide a drug free work place in compliance with the
Drug Free Work Place Act of 1988.
10.10 Texas Corporate Franchise Tax Certification. Pursuant to Article 2.45, Texas Business
Corporation Act, state agencies may not contract with for profit corporations that are delinquent
in making state franchise tax payments.
10.11 Civil Rights Compliance
Compliance with Regulations: Contractor will comply with the Acts and the Regulations relative to
Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation
(USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to
time, which are herein incorporated by reference and made part of this agreement.
Nondiscrimination: Contractor, with regard to the work performed by it during the contract, will not
discriminate on the grounds of race, color, sex, or national origin in the selection and retention of
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DocuSign Envelope ID: BDD9D121-89AA-487E-896F-B7671FA50A2F
OUL) , ,11«u,,L„IO, 11,,,1uu.11r, Vf materials and leases of equipment. Contractor will not
participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations,
including employment practices when the contract covers any activity, project, or program set forth
in Appendix B of 45 CFR Part 21.
Solicitations for Subcontracts Including Procurement of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by Contractor for work to be
performed under a subcontract, including procurement of materials or leases of equipment, each
potential subcontractor or supplier will be notified by Contractor of obligations under this contract
and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, sex, or
national origin.
Information and Reports: Contractor will provide all information and reports required by the Acts,
the Regulations, and directives issued pursuant thereto, and will permit access to its books, records,
accounts, other sources of information, and facilities as may be determined by the State or the
FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any
information required of Contractor is in the exclusive possession of another who fails or refuses to
furnish this information, Contractor will so certify to NCTCOG, the Texas Department of
Transportation ("the State") or the Federal Highway Administration, as appropriate, and will set
forth what efforts it has made to obtain the information.
Sanctions for Noncompliance: In the event of Contractor's noncompliance with the
Nondiscrimination provisions of this Agreement, NCTCOG will impose such sanctions as it or the
State or the FHWA may determine to be appropriate, including, but not limited to: withholding of
payments to the Contractor under this Agreement until the Contractor compiles and/or cancelling,
terminating or suspension of this Agreement, in whole or in part.
Incorporation of Provisions: Contractor will include the provisions of the paragraphs listed above,
in this section 10.11, in every subcontract, including procurement of materials and leases of
equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto.
Contractor will take such action with respect to any subcontract or procurement as NCTCOG, the
State, or the FHWA may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, that if Contractor becomes involved in, or is threatened with, litigation
with a subcontractor or supplier because of such direction, Contractor may request the State to enter
into such litigation to protect the interests of the State. In addition, Contractor may request the United
States to enter into such litigation to protect the interests of the United States.
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DocuSign Envelope ID: BDD9D121-89AA-487E-896F-B7671FA50A2F
i v.i�. Laoauraaaaa�cu Luaaaacaa a�,ua-va Naaoc a avgram Requirements
Contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any U.S. Department of Transportation (DOT) -assisted contract or in the
administration of its DBE program or the requirements of 49 CFR Part 26. Contractor shall take all
necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and
administration of DOT -assisted contracts. Each sub -award or sub -contract must include the
following assurance: The Contractor, sub -recipient, or sub -contractor shall not discriminate on the
basis of race, color, national origin, or sex in the performance of this Agreement. The Contractor
shall carry out applicable requirements of49 CFR Part 26 in the award and administration ofDOT-
assisted contracts. Failure by the Contractor to carry out these requirements is a material breach
of this agreement, which may result in the termination of this agreement or such other remedy as
the recipient deems appropriate.
10.13 Pertinent Non -Discrimination Authorities
During the performance of this Agreement, Contractor, for itself, its assignees, and successors in
interest agree to comply with the following nondiscrimination statutes and authorities; including but
not limited to:
a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
b. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal -aid programs and projects).
c. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits
discrimination on the basis of sex).
d. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27.
e. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age).
f. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex).
g. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975
and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal -aid recipients,
subrecipients and contractors, whether such programs or activities are Federally funded or not).
h. Titles I1 and III of the Americans with Disabilities Act, which prohibits discrimination on the
basis of disability in the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38.
i. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex).
j. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures nondiscrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations.
k. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with Title
VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to
the programs (70 Fed. Reg. at 74087 to 74100).
i. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.).
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.V.JT l., l.G�G1VU �Lal� vlalalo or Loans, or Receive Payment on State Contracts
In accordance with Section 231.006 of the Texas Family Code, a child support obligor who is more
than thirty (30) days delinquent in paying child support and a business entity in which the obligor is
a sole proprietor, partner, shareholder, or owner with an ownership interest of at least twenty-five
(25) percent is not eligible to:
a. Receive payments from state funds under a contract to provide property, materials or
services; or
b. Receive a state -funded grant or loan.
By signing this Agreement, the Contractor certifies compliance with this provision.
10.15 House Bill 89 Certification
If contractor is required to make a certification pursuant to Section 2270.002 of the Texas
Government Code, contractor certifies that contractor does not boycott Israel and will not boycott
Israel during the term of the contract resulting from this solicitation. If contractor does not make
that certification, contractor state in the space below why the certification is not required.
10.16 Certification Regarding Disclosure of Conflict of Interest.
The undersigned certifies that, to the best of his or her knowledge or belief, that:
"No employee of the contractor, no member of the contractor's governing board or body, and no
person who exercises any functions or responsibilities in the review or approval of the undertaking
or carrying out of this contract shall participate in any decision relating to this contract which
affects his/her personal pecuniary interest.
Executives and employees of contractor shall be particularly aware of the varying degrees of
influence that can be exerted by personal friends and associates and, in administering the contract,
shall exercise due diligence to avoid situations which give rise to an assertion that favorable
treatment is being granted to friends and associates. When it is in the public interest for the
contractor to conduct business with a friend or associate of an executive or employee of the
contractor, an elected official in the area or a member of the North Central Texas Council of
Governments, a permanent record of the transaction shall be retained.
Any executive or employee of the contractor, an elected official in the area or a member of the
NCTCOG, shall not solicit or accept money or any other consideration from a third person, for the
performance of an act reimbursed in whole or part by contractor or Department. Supplies, tools,
materials, equipment or services purchased with contract funds shall be used solely for purposes
allowed under this contract. No member of the NCTCOG shall cast a vote on the provision of
services by that member (or any organization which that member represents) or vote on any matter
which would provide a direct or indirect financial benefit to the member or any business or
organization which the member directly represents".
No officer, employee or paid consultant of the contractor is a member of the NCTCOG.
No officer, manager or paid consultant of the contractor is married to a member of the NCTCOG.
No member of NCTCOG directly owns, controls or has interest in the contractor.
The contractor has disclosed any interest, fact, or circumstance that does or may present a potential
conflict of interest.
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DocuSign Envelope ID: BDD9D121-89AA-487E-896F-B7671FA5OA2F
11V 11111111Uti VI ull. Winpensation from the contractor for lobbying activities as
defined in Chapter 305 of the Texas Government Code.
Should the contractor fail to abide by the foregoing covenants and affirmations regarding conflict of
interest, the contractor shall not be entitled to the recovery of any costs or expenses incurred in relation
to the contract and shall immediately refund to the North Central Texas Council of Governments any
fees or expenses that may have been paid under this contract and shall further be liable for any other
costs incurred or damages sustained by the NCTCOG as it relates to this contract.
10.17 Certification of Fair Business Practices
That the submitter affirms that the submitter has not been found guilty of unfair business practices in
a judicial or state agency administrative proceeding during the preceding year. The submitter further
affirms that no officer of the submitter has served as an officer of any company found guilty of unfair
business practices in a judicial or state agency administrative during the preceding year.
10.18 Certification of Good Standing Texas Corporate Franchise Tax Certification
Pursuant to Article 2.45, Texas Business Corporation Act, state agencies may not contract with for
profit corporations that are delinquent in making state franchise tax payments. The undersigned
authorized representative of the corporation making the offer herein certified that the following
indicated Proposal is true and correct and that the undersigned understands that making a false Proposal
is a material breach of contract and is grounds for contract cancellation.
10.19 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment.
Pursuant to Public Law 115-232, Section 889, and 2 Code of Federal Regulations (CFR) Part 200,
including §200.216 and §200.471, NCTCOG is prohibited from using federal funds to procure,
contract with entities who use, or extend contracts with entities who use certain telecommunications
and video surveillance equipment or services provided by certain Chinese controlled entities. The
Contractor agrees that it is not providing NCTCOG with or using telecommunications and video
surveillance equipment and services as prohibited by 2 CFR §200.216 and §200.471. Contractor shall
certify its compliance through execution of the "Prohibited Telecommunications and Video
Surveillance Services or Equipment Certification," which is included as Appendix D of this Contract.
The Contractor shall pass these requirements down to any of its subcontractors funded under this
Agreement. The Contractor shall notify NCTCOG if the Contractor cannot comply with the
prohibition during the performance of this Contract.
10.20 Discrimination Against Firearms Entities or Firearms Trade Associations
Pursuant to Texas Local Government Code Chapter 2274, Subtitle F, Title 10, prohibiting contracts
with companies who discriminate against firearm and ammunition industries. NCTCOG is prohibited
from contracting with entities, or extend contracts with entities who have practice, guidance, or
directive that discriminates against a firearm entity or firearm trade association. Contractor shall certify
its compliance through execution of the "Discrimination Against Firearms Entities or Firearms Trade
Associations Certification," which is included as Appendix D of this Contract. The Contractor shall
pass these requirements down to any of its subcontractors funded under this Agreement. The
Contractor shall notify NCTCOG if the Contractor cannot comply with the prohibition during the
performance of this Contract.
10.21 Boycotting of Certain Energy Companies
Pursuant to Texas Local Government Code Chapter 2274, Subtitle F, Title 10, prohibiting contracts
with companies who boycott certain energy companies. NCTCOG is prohibited from contracting with
entities or extend contracts with entities that boycott energy companies. Contractor shall certify its
compliance through execution of the "Boycotting of Certain Energy Companies Certification," which
is included as Appendix D of this Contract. The Contractor shall pass these requirements down to any
of its subcontractors funded under this Agreement. The Contractor shall notify NCTCOG if the
Contractor cannot comply with the prohibition during the performance of this Contract.
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DocuSign Envelope ID: BDD9D121-89AA-487E-896F-B7671FA5OA2F
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
Periscope Holdings Inc.
-)-) t ��¢ua� 2/25/22
Signature Date
Mark Eigenbauer, President
Printed Name
North Central Texas Council of Governments
OocuSigned by:
b, f a.S{{ MAJ 3/1/2022
Signature Date
Michael Eastland
Executive Director
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DocuSign Envelope ID: BDD9D121-89AA-487E-896F-B7671FA5OA2F
APPENDIX A
Statement of Work
The Contractor shall supplement existing SHARE Member procurement personnel in procuring
desired goods and/or services. A list of anticipated services to be provided and expectations of
Texas SHARE's Public Sector Procurement Consulting Contractors are detailed, below.
The following selection of anticipated procurement tasks is not all-encompassing, and additional
procurement related tasks may be requested by SHARE Members; if desired.
• Procurement Planning
• Coordinate and Facilitate Stakeholder Meetings
• Procurement Development
• Specification/Scope of Work Development
• Market Research
• Independent Cost Estimate
• Cost & Price Analysis
• Solicitation Document Development
• Evaluation Criteria Development
• Coordinate Evaluation Process
• Coordinate BAFO, and Oral Presentations Procedures
• Coordinate Selection Process
• Review Internal Controls
• Procurement Policy Development
The following selection of anticipated types of procurements that a contactor could expect to perform is
not all-encompassing, and additional procurement types may be requested by SHARE Members; if desired
• Request for Information (RFI)
• Request for Proposals (RFP)
• Invitation to Bid (ITB)
• Request for Statement of Qualifications (RFSQ)
• Request for Competitive Sealed Proposal (RFCSP)
• Request for Quote (RFQ)
The following selection of procurement areas is not all-encompassing, and knowledge and experience
related to additional procurement areas may be desired by SHARE Members.
Competitive Procurement Process:
o Procurement Need Identification / Procurement Data Collection
o Procurement Method Selection
o Procurement Schedule Development/Procurement Planning
o Solicitation Document Development
o Solicitation Document Issuance
o Bid/Proposal Evaluation
o Negotiations (if applicable)
o Contract Formation & Award
• Request for Proposal (RFP): The method used to solicit proposals from potential
providers (proposers) for goods and services. Price is usually not a primary evaluation
factor. Provides for the negotiation of all terms, including price, prior to contract award.
May include a provision for the negotiation of best and final offers.
• Request for Information (RFI): A non-binding method whereby a jurisdiction publishes
via newspaper, Internet, or direct mail its need for input from interested parties for an
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L41JUVIIIII16 JVIIl IL IVll. A Fivv.lement practice used to obtain comments, feedback, or
reactions from potential responders (suppliers, contractors) prior to the issuing of a solicitation.
Generally, price or cost is not required. Feedback may include best practices, industry standards,
technology issues, etc.
• Request for Statement of Qualifications (RFSQ): The method used by a procurement entity
to obtain statements of the qualifications of potential responders (development teams or
consultants) to gauge potential competition in the marketplace, prior to issuing the
solicitation.
• Market Research: Collecting and analyzing information about capabilities within the market
to satisfy agency needs. The results of market research are used to arrive at the most suitable
approach to acquiring, distributing, and supporting goods and services.
Specification Development: Assist in the development and preparation of effective, concise,
and open technical requirements for the material, product, or service to be procured. There
are several types of specifications that are commonly used. The names may vary by the
source describing them, but the following are the most commonly used terms. A single
specification may be a combination of two or more of these types.
o Design specifications
o Performance specifications
o Combination specifications
o Brand name specifications
o Brand name or equal specifications
o Qualified products list specifications
o Standard specifications
Statutory Interpretation and Compliance:
o Interlocal Cooperation Act, Texas Government Code Chapter 791
o Purchasing and Contracting Authority of Municipalities Texas Local
Government Code Chapter 252.
o Contracting and Delivery Procedures for Construction Projects, Texas
Government Code Chapter 2269
o General Rules and Procedures, Texas Government Code Chapter 2155
o Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards, 2 CFR Part 200
o All applicable State and Federal Procurement Regulations
• Disadvantaged Business Enterprise (DBE) Programs
• Procurement of Goods and Services with Federal Grants
• Procurement of Construction Related Services
• Competitive Solicitation Process Exemptions:
o State Procurement Exemptions
o Federal Procurement Exemptions
• Cooperative Procurement (Purchasing): The action taken when two or more entities
combine their requirements to obtain advantages of volume purchases, including
administrative savings and other benefits. 2. A variety of arrangements, whereby two or more
public procurement entities purchase from the same supplier or multiple suppliers using a
single Invitation for Bids (IFB) or Request for Proposals (RFP). 3. Cooperative procurement
efforts may result in contracts that other entities may "piggyback."
Common Cooperative Purchasing Programs:
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DocuSign Envelope ID: BDD9D1 21-89AA-487E-896F-B7671 FA50A2F
„uYLVCLL . 11CLUV11"I I uichasing Cooperative
o The Interlocal Purchasing System (TIPS)
o Sourcewell
o OMNIA Partners, Inc.
o Choice Partners National Purchasing Cooperative
o Houston -Galveston Area Council (H -GAC) Cooperative Purchasing Program
o State of Texas Cooperative Purchasing Program (Texas SmartBuy)
o General Services Administration (GSA) Cooperative Purchasing Program
• Public Procurement Negotiation: A process of planning, reviewing, analyzing, and
conferring used by two or more parties to reach a mutually acceptable agreement in a
contracting relationship.
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DocuSign Envelope ID: BDD9D121-89AA-487E-896F-B7671FA50A2FAt PENDIX A.1
Pricing for SHARE
For Public Sector Procurement Consulting Services contractor shall quote participating SHARE Entities
the rates and/or discount required for a custom implementation of the services specified by the RFP.
Contractor's proposed rate chart (hourly) for the labor categories/ skill sets for Public Sector Procurement
Consulting related positions and services are found below.
Rate Chart (Firm/Organization) Procurement No.: JINCT 2021-083
Respondent
Name:
Periscope Holdings Inc.
Notes:
II rates are for virtual/remote work. Travel related expenses are charged in addition to the defined
rates for any work performed on-site at the request of the client. Travel related expenses include
business class airfare, hotel accommodations, local transportation (rental car, travel services, etc),
local parking, meals (based upon Federal per diem rates), parking at airport of departure, parking on
site, bag fees and expenses directly related to travel to the entity's site.
Public Sector Procurement Consulting Services Rate Chart - SHARE Cooperative Purchasing Program
Item
Description
Hourly Rate
1.
Procurement Analyst
$80.00
2.
Procurement Support Specialist
$110.00
3,
Senior Procurement Support Specialist
$140.00
4.
Procurement Consultant
$200.00
S.
Senior Procurement Consultant
$250.00
6.
7.
8.
9.
10.
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DocuSign Envelope ID: BDD9D121-89AA-487E-896F-B7671FA50A2F '. PENDIX A.2
Service Area Designation Forms
RFP 2021-083
Texas Service Area Designation or Identification
Proposer
Name:
Periscope Holdings Inc.
Notes:
Indicate in the appropriate box whether you are proposing to service the entire State of Texas
Will service the entire State of Texas
Will not service the entire State of Texas
X
If you are not proposing to service the entire State of Texas, designate on the form below the regions
that you are proposing to provide goods and/or services to. By designating a region or regions, you
are certifying that you are willing and able to provide the proposed goods and services.
Item
Region
Metropolitan Statistical Areas
Designated Service Area
1.
North Central Texas
16 counties in the Dallas -Fort
Worth Metropolitan area
2.
High Plains
Amarillo
Lubbock
3.
Northwest
Abilene
Wichita Falls
4.
Upper East
Longview
Texarkana, TX -AR Metro Area
Tyler
5.
Southeast
Beaumont -Port Arthur
6.
Gulf Coast
Houston -The Woodlands-
SugarLand
7.
Central Texas
College Station -Bryan
Killeen -Temple
Waco
8.
Capital Texas
Austin -Round Rock
9.
Alamo
San Antonio -New Braunfels
Victoria
10.
South Texas
Brownsville -Harlingen
Corpus Christi
Laredo
McAllen -Edinburg -Mission
11.
West Texas
Midland
Odessa
San Angelo
12.
Upper Rio Grande
EI Paso
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DocuSign Envelope ID: BDD9D121-89AA-487E-896F-B7671FA50A2F
ere
nrr zvz.L-voJ
ivavonwiue service Area Ues1gHdL1UF1 UI IUCIILIIIl.CI61U11 r -UI III
Proposer
Name:
Periscope Holdings Inc.
Notes:
Indicate in the appropriate box whether you are proposing to provide service to all Fifty (50) States.
Will service all Fifty (50) States
Will not service Fifty (50) States
X
If you are not proposing to service to all Fifty (50) States, then designate on the form below the
States that you will provide service to. By designating a State or States, you are certifying that you
are willing and able to provide the proposed goods and services in those States.
If you are only proposing to service a specific region, metropolitan statistical area (MSA), or city in a
State, then indicate as such in the appropriate column box.
Item
State
Region/MSA/City
Designated
as a
Service
Area
1.
Alabama
2.
Alaska
3.
Arizona
4.
Arkansas
5.
California
6.
Colorado
7.
Connecticut
8.
Delaware
9.
Florida
10.
Georgia
11.
Hawaii
12.
Idaho
13.
Illinois
14.
Indiana
15.
Iowa
16.
Kansas
17.
Kentucky
18.
Louisiana
19.
Maine
20.
Maryland
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Do
;uSign Envelope ID: BDD9D121-89AA-487E-896F-87671FA50A2F
/-i. rvIaaaat,i iuZ1cu.a
22.
Michigan
23.
Minnesota
24.
Mississippi
25.
Missouri
26.
Montana
27.
Nebraska
28.
Nevada
29.
New Hampshire
30.
New Jersey
31.
New Mexico
32.
New York
33.
North Carolina
34.
North Dakota
35.
Ohio
36.
Oregon
37.
Oklahoma
38.
Pennsylvania
39.
Rhode Island
40.
South Carolina
41.
South Dakota
42.
Tennessee
43.
Texas
44.
Utah
45.
Vermont
46.
Virginia
47.
Washington
48.
West Virginia
49.
Wisconsin
50.
Wyoming
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DocuSign Envelope ID: BDD9D121-89AA-487E-896F-B7671FA5OA2F -xx.PENDIX B
DEBARMENT CERTIFICATION
Mark Eigenbauer, President being duly
(Name of certifying official)
sworn or under penalty of perjury under the laws of the United States, certifies that neither
Periscope Holdings, Inc
nor its principals
(Name of lower tier participant)
are presently:
• debarred, suspended, proposed for debarment,
• declared ineligible,
• or voluntarily excluded from participation in this transaction by any federal department or
agency
Where the above identified lower tier participant is unable to certify to any of the above statements
in this certification, such prospective participant shall indicate below to whom the exception
applies, the initiating agency, and dates of action.
Exceptions will not necessarily result in denial of award but will be considered in determining
contractor responsibility. Providing false information may result in criminal prosecution or
administrative sanctions.
EXCEPTIONS:
0
Preside�ignature of Certifying Official
FebruaryDO
24, 2022
Date of Certification
Form 1734
Rev. 10-91
TPFS
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DocuSign Envelope ID: BDD9D121-89AA-487E-896F-B7671FA50A2F
APPENDIX C
RESTRICTIONS ON LOBBYING
Section 319 of Public Law 101-121 prohibits recipients of federal contracts, grants, and loans exceeding
$100,000 at any tier under a federal contract from using appropriated funds for lobbying the Executive
or Legislative Branches of the federal government in connection with a specific contract, grant, or loan.
Section 319 also requires each person who requests or receives a federal contract or grant in excess of
$100,000 to disclose lobbying.
No appropriated funds may be expended by the recipient of a federal contract, loan, or cooperative
agreement to pay any person for influencing or attempting to influence an officer or employee of any
federal executive department or agency as well as any independent regulatory commission or
government corporation, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with any of the following covered federal actions: the awarding of
any federal contract, the making of any federal grant, the making of any federal loan the entering into of
any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any
federal contract, grant, loan, or cooperative agreement.
As a recipient of a federal grant exceeding $100,000, NCTCOG requires its subcontractors of that grant to
file a certification, set forth in Appendix B.1, that neither the agency nor its employees have made, or
will make, any payment prohibited by the preceding paragraph.
Subcontractors are also required to file with NCTCOG a disclosure form, set forth in Appendix B.2, if
the subcontractor or its employees have made or have agreed to make any payment using
nonappropriated funds (to include profits from any federal action), which would be prohibited if paid for
with appropriated funds.
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LOBBYING CERTIFICATION
FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any federal contract,
the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension continuation, renewal amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, US Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Signature
President
Title
Periscope Holdings, Inc
Agency
February 24, 2022
Date
SHARE MSA 2021-083 Public Sector Procurement Consulting Services Page 24 of 28
DocuSign Envelope ID: BDD9D121-89AA-487E-896F-B7671FA50A2F rxx PENDIX D
ATTESTATION OF CONTRACTS NULLIFYING ACTIVITY
The following provisions are mandated by Federal and/or State of Texas law. Failure to certify to the
following will result in disqualification of consideration for contract. Entities or agencies that are not able
to comply with the following will be ineligible for consideration of contract award.
PROHIBITED TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT CERTIFICATION
This Contract is subject to the Public Law 115-232, Section 889, and 2 Code of Federal Regulations
(CFR) Part 200, including §200.216 and §200.471, for prohibition on certain telecommunications and
video surveillance or equipment.
Public Law 115-232, Section 889, identifies that restricted telecommunications and video surveillance
equipment or services (e.g. phones, internet, video surveillance, cloud servers) include the following:
A) Telecommunications equipment that is produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliates of such entities).
B) Video surveillance and telecommunications equipment produced by Hytera Communications
Corporations, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliates of such entities).
C) Telecommunications or video surveillance services used by such entities or using such
equipment.
D) Telecommunications or video surveillance equipment or services produced or provided by an
entity that the Secretary of Defense, Director of the National Intelligence, or the Director of the
Federal Bureau of Investigation reasonably believes to be an entity owned or controlled by the
government of a covered foreign country.
The entity identified below, through its authorized representative, hereby certifies that no funds under this
Contract will be obligated or expended to procure or obtain telecommunication or video surveillance
services or equipment or systems that use covered telecommunications equipment or services as a
substantial or essential component of any system, or as a critical technology as part of any system
prohibited by 2 CFR §200.216 and §200.471, or applicable provisions in Public Law 115-232 Section
889.
X1 The Contractor or Subrecipient hereby certifies that it does comply with the requirements of 2 CFR
§200.216 and §200.471, or applicable regulations in Public Law 1 ] 5-232 Section 889.
SIGNATURE OF AUTHORIZED PERSON: i" ��aze '2'
NAME OF AUTHORIZED PERSON: Mark Eigenbauer, President
NAME OF COMPANY: President
DATE: February 24, 2022
SHARE MSA 2021-083 Public Sector Procurement Consulting Services Page 25 of 28
DocuSign Envelope ID: BDD9D121-89AA-487E-896F-B7671FA5OA2F -OR-
0 The Contractor or Subrecipient hereby certifies that it cannot comply with the requirements of 2 CFR
§200.216 and §200.471, or applicable regulations in Public Law 115-232 Section 889.
SIGNATURE OF AUTHORIZED PERSON:
NAME OF AUTHORIZED PERSON:
NAME OF COMPANY:
DATE:
SHARE MSA 2021-083 Public Sector Procurement Consulting Services Page 26 of 28
DocuSign Envelope ID: BDD9D121-89AA-487E-896F-B7671FA5OA2F
L L U�.l\1 IT XXI 14 i1V1� AVAll\Lix x,xx%EARMS ENTITIES OR FIREARMS TRADE
ASSOCIATIONS
This contract is subject to the Texas Local Government Code chapter 2274, Subtitle F, Title 10,
prohibiting contracts with companies who discriminate against firearm and ammunition industries.
TLGC chapter 2274, Subtitle F, Title 10, identifies that "discrimination against a firearm entity or firearm
trade association" includes the following:
A) means, with respect to the entity or association, to:
I. refuse to engage in the trade of any goods or services with the entity or association based
solely on its status as a firearm entity or firearm trade association; and
I1. refrain from continuing an existing business relationship with the entity or association
based solely on its status as a firearm entity or firearm trade association; or
III. terminate an existing business relationship with the entity or association based solely on
its status as a firearm entity or firearm trade association.
B) An exception to this provision excludes the following:
I. contracts with a sole -source provider; or
II. the government entity does not receive bids from companies who can provide written
verification.
The entity identified below, through its authorized representative, hereby certifies that they have no
practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association; and that they will not discriminate during the term of the contract against a firearm entity or
firearm trade association as prohibited by Chapter 2274, Subtitle F, Title 10 of the Texas Local
Government Code.
N The Contractor or Subrecipient hereby certifies that it does comply with the requirements of Chapter
2274, Subtitle F, Title 10.
SIGNATURE OF AUTHORIZED PERSON:
NAME OF AUTHORIZED PERSON: Mark Eigenbauer, President
NAME OF COMPANY: Periscope Holdings, Inc
DATE:
February 24, 2022
❑ The Contractor or Subrecipient hereby certifies that it cannot comply with the requirements of Chapter
2274, Subtitle F, Title 10.
SIGNATURE OF AUTHORIZED PERSON:
NAME OF AUTHORIZED PERSON:
NAME OF COMPANY:
DATE:
SHARE MSA 2021-083 Public Sector Procurement Consulting Services Page 27 of 28
DocuSign Envelope ID: BDD9D121-89AA-487E-896F-B7671FA50A2F RTAIN ENERGY COMPANIES
uv xZ,3x iu,qv va• �. av
This contract is subject to the Texas Local Government Code chapter 809, Subtitle A, Title 8, prohibiting
contracts with companies who boycott certain energy companies.
TLGC chapter Code chapter 809, Subtitle A, Title 8, identifies that "boycott energy company" means,
without an ordinary business purpose, refusing to deal with, terminating business activities with, or
otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial
relations with a company because the company:
I. engages in the exploration, production, utilization, transportation, sale, or manufacturing
of fossil fuel -based energy and does not commit or pledge to meet environmental
standards beyond applicable federal and state law; and
II. does business with a company described by paragraph (I).
The entity identified below, through its authorized representative, hereby certifies that they do not boycott
energy companies, and that they will not boycott energy companies during the term of the contract as
prohibited by Chapter 809, Subtitle A, Title 8 of the Texas Local Government Code.
N The Contractor or Subrecipient hereby certifies that it does comply with the requirements of Chapter
809, Subtitle A, Title 8.
SIGNATURE OF AUTHORIZED PERSON: 7e�9G _aZGQiL
NAME OF AUTHORIZED PERSON: Mark Eigenbauer, President
NAME OF COMPANY: Periscope Holdings, Inc
DATE:
❑ The Contractor or Subrecipient hereby certifies that it cannot comply with the requirements of Chapter
809, Subtitle A, Title 8.
SIGNATURE OF AUTHORIZED PERSON:
NAME OF AUTHORIZED PERSON:
NAME OF COMPANY:
DATE:
SHARE MSA 2021-083 Public Sector Procurement Consulting Services Page 28 of 28
N I G Consulting
powered by periscope
PROCUREMENT POLICY AND PROCEDURE REVIEW
for
CITY OF SANFORD, FL
A& ctly OF
SkNFORD
FLORIDA
Submitted by:
NIGP Consulting (powered by Periscope)
Periscope Holdings, Inc.
5000 Plaza on the Lake, Suite 100
Austin, TX 78746
Proposal Contact:
Marcheta Gillespie, FNIGP, CPPD, C.P.M
President NIGP Code & Consulting,
(520)940-7194
mgillespie(cD_nigp.com
March 21, 2024
Procurement Professionals Delivering Results
I. Project Scope - Procurement Policy & Procedure Assessment
NIGP Consulting will conduct a review and offer recommendations ("Assessment") of the
City of Sanford's ("City") Procurement Policy & Procedures to include consideration of the
following:
• Ordinances, statutes, municipal codes, procurement policies to ensure consistency with
current practices and industry best practices in the public procurement profession.
• State legislation and regulatory constraints that impacts the City.
• Existing City policy and procedure that may impede efficiency, create, or increase
risk, weaken controls, limit flexibility, limit transparency or weaken accountability in
the procurement function.
• Existing City policy and procedures and all related documents addressing
procurement practices and procedures.
• Analysis against ABA Model Procurement Code and industry best practices
The Assessment shall be consistent with laws and policies applicable to the City, as well as in
consideration of procurement best practices. NIGP Consulting shall perform the following tasks:
1. Meet with the City Project Manager and other defined team members to ensure a
mutual understanding of the Assessment, clarity of expectations and to discuss roles for
the respective team members.
2. Conduct on-site interviews with identified stakeholders, to assess current state of the
procurement environment, particularly in regard to the application of procurement
policy and procedure.
3. Ensure policy and procedures are sufficient to guide City employees on all aspects of
procurement at the City.
4. Provide recommendation on opportunities for improvement to existing City
Procurement Policy & Procedures, identifying areas where each can be enhanced,
clarified, and streamlined for greater effectiveness and efficiency.
5. Provide a Draft Assessment Report deliverable to the City for review and comment
by the City, prior to finalizing the Report.
6. Present Report and Recommendations to City. Presentation to be presented
virtually, however, NIGP Consulting does have the ability to travel and present in
person upon request. Presentation projected at one hour or less, and inclusive of
preparation of material in coordination with City Project Manager.
NIGP Consulting will work with the City Project Manager to ensure clarity of expectations,
address issues and concerns during the Assessment, and provide updates on project
progress. Meetings will be conducted virtually or via conference calls on a mutually
agreeable schedule. NIGP Consulting will rely on the City to:
Provide existing City Procurement Policy and Procedures documentatioi
electronic format.
2 1 P a g e
2. Assist in coordinating a Project Kick Off meeting, as well as coordination of various
project meetings throughout the engagement period.
3. Identify and coordinate interviews with defined stakeholders relevant to the
Assessment of the current state of procurement at the City.
4. Be available for questions and clarifications, as well as assistance in facilitation of the
interviews, the deliverables and broad support.
5. Review the Assessment Draft Report and provide comments within the agreed upon
schedule.
II. Project Methodology
Our strategic Procurement Process Review will proceed using NIGP Consulting's proven four-
phase project methodology:
MW
tit a
a+ ,
h 2�
PHASE 1—
PHASE 2 —
PHASE 3 —
PHASE 4 —
PREPARATION
DATA
ANALYSIS
DELIVERABLES
COLLECTION
Project Kick -Off
Analysis of gathered
Development of draft
meeting, setting of
On-siteNirtual
data in comparison
and final
expectations,
interviews conducted
to industry best
deliverables, inclusive
collection of
with identified key
practices.
of client review and
documentation,
stakeholders.
feedback..
research.
Q ,C,arils,'G
;1 L i 101:\'� -S1P
Availability for further
engagement
opportunities and to
serve as an on0going
resource for clients.
In the Preparation phase, the Consulting Team will coordinate with the City's designated
Project Manager to coordinate the Project Kick Off conference, begin research of the client's
entity and state/local regulations applicable to the entity, obtain all relevant documentation,
data, and any organizational components (i.e., regulatory and administrative policies and
procedures) for the review. The goal for this phase is for as much of the data and
documentation that is available to be transmitted to the team electronically at the outset of
the project. This allows the team to quickly become familiar with the current landscape and
procurement environment at the entity.
Also, during the Preparation phase, the Consulting Team will develop a detailec'to include all work phases, action items, schedule of events, cadence of commu
3 1 P a g e
reporting, as well as clarify of roles and responsibilities of the various project team members
(both NIGP Consulting and City team).
In the Data Collection phase, the Consulting Team meets on-site with key Procurement staff,
members of client departments involved in the procurement processes, and any other
relevant internal stakeholders. The information gathered from these meetings/interviews
along with all the information previously collected contributes immensely to our ability to
provide a meaningful and tailored analysis and deliverables for the entity.
In the Analysis phase, the Consulting Team will assess and analyze all information collected.
For your project, this phase will center primarily around, but not necessarily be limited to:
• Reviewing entity procurement process and requirements for alignment to the entity's
applicable statutes, codes, charters, regulations, policies and procedures.
• Reviewing the entity's current processes from solicitation development to contract
award.
• Identifying challenges (pain points and redundancies) and potential process
improvements.
• Uncovering any potential conflicts in policy which adversely impact the entity's
effectiveness and efficiency.
• Determining changes required, if any, to improve overall compliance with entity public
procurement rules.
In the Deliverables phase, the Consulting Team will use the information gained in the previous
phases and comparisons with best practices to develop a draft deliverable, providing
opportunity to the client to review the deliverable to offer questions and feedback. The
Consulting Team will review feedback for consideration prior to preparing final deliverables.
Prior to finalizing a deliverable, NIGP Consulting will provide a draft deliverable to the entity's
Project Manager for review and comment. We value the input of the client and give
consideration to all feedback provided by the entity.
Deliverables will reflect the unique needs of the entity, focusing on the established statement
of work for the engagement. Recommendations offered in reports will consider complete
and total impact (to include fiscal) to the entity. Recommendations will be presented as
short-, term-, or long-term initiatives. Additionally, NIGP Consulting recommendations will
include a public procurement industry foundation for the rationale of the recommendations.
If desired, the Consulting Team will collaborate with the entity team to prepar r- -
deliver the recommendations to executive leadership and the entity team as re
4 1 P a g e
entity. Presentations can be in person or virtual, with the addition of the cost of travel (at
cost) to the location and on a schedule desired by the entity.
Finally, at the conclusion of the four -phased approach, NIGP Consulting supports on On -Going
Relationship with clients to provide any additional services required by the entity and to
serve as an on-going resource for the client.
NIGP Consulting ensures projects are completed on-time and within the established price.
Because our consultants are veteran public purchasing professionals, they have an extremely
short learning curve and can "hit the ground running" for every public procurement
engagement. We approach the client fully prepared to provide advice, instead of having to
learn and then advise; thus, spending fewer consulting hours and providing superior advice
and documentation.
III. Project Framework
Based on our practical knowledge and experience of public procurement, NIGP Consulting has
developed a detailed plan and approach that achieves the following objectives necessary for a
successful transformation. The overarching project framework consists of the following
components:
Creation of a project plan: A project plan will be developed with key deliverable dates to be
shared with the entity Project Manager. Upon review of the project plan and approach, any
necessary changes can be discussed and agreed upon at the beginning of the project. The
project plan will be used for weekly project report updates and to ensure successful
accomplishment of the Scope of Work on time and within the proposed compensation.
Adherence to agreed-upon deadlines: The Consulting Team takes great pride in its
consistent ability and strong track record of keeping projects on track and on schedule. We
fully expect to do the same for the entity and will agree upon specific deadlines and key dates
at the outset of the engagement.
Coordination with key organization representatives — interviews: Our team will look to the
entity Project Manager to assist in identification of key team members to involve in the virtual
interview process for us to gain an enhanced understanding of entity. We feel that it is very
important to meet with as many of these key individuals as possible during our research and
data collection phase to learn and understand the nuances of entity's procurement processes,
organizational structure, challenges, and customer perspectives. If needed, follow-up calls
with specific individuals to ensure that all questions are answered and that we capture the
necessary, critical information.
Validation of understanding — information learned: After completion of the it
Consulting Team will meet with the entity Project Manager and any other nece!
5 1 P a g e
personnel to further enhance their level of understanding from the information learned and
gathered. This session ensures that the Consulting Team has accurately processed the
information gathered throughout the interviews and focus group meetings.
Maintenance of regularly scheduled communication on project status: The NIGP Consulting
model has been successful largely because of our commitment to strong communication with
our clients. This begins at the very outset of the project (immediately after the Notice to
Proceed is given), when our Senior (Lead) Consultant will coordinate activities with the entity
Project Manager. The Preparation phase will entail close coordination between these two
individuals to obtain relevant documents for review, identify Procurement staff and individual
stakeholders to interview, and schedule and coordinate meetings.
Communication with the Project Manager will occur via virtual meetings and email, and our
Senior (Lead) Consultant will also schedule a monthly meeting with the Purchasing
Administrator to provide an update on project activities. Meetings will include
documentation of action items, decisions, schedule updates, issue resolutions, and any other
applicable content required by the City.
Deliverables: NIGP Consulting shall provide a Draft Report of Recommendations to the City
Project Manager for review and comment. A final project review session may be held online
with the City Project Manager and designated City staff upon request.
All deliverables will be provided in Word, Excel (where applicable) and pdf format. Any required
formatting of the deliverable relative to structure, images, title, numbering, references, and any
other style specific requirements of City shall be identified during the initial meeting with the
team.
Based on our practical knowledge and experience of public procurement, NIGP Consulting has
developed a detailed plan and approach that achieves the following objectives necessary for a
successful transformation. The overarching project framework consists of the following
components:
Creation of a project plan: A project plan will be developed with key deliverable dates to be
shared with the City Project Manager. Upon review of the project plan and approach, any
necessary changes can be discussed and agreed upon at the beginning of the project. The
project plan will be used for weekly project report updates and to ensure successful
accomplishment of the Scope of Work on time and within the proposed compensation.
Adherence to agreed-upon deadlines: The Consulting Team takes great pride in its
consistent ability and strong track record of keeping projects on track and on schedule. We
fully expect to do the same for City and will agree upon specific deadlines and key dates at
the outset of the engagement.
Page
Coordination with key organization representatives — interviews: Our team will look to the
City Project Manager to assist in the identification of key team members to involve in the
virtual interview process for us to gain an enhanced understanding of City. We feel that it is
very important to meet with as many of these key individuals as possible during our research
and data collection phase to learn and understand the nuances of City's procurement
processes, organizational structure, challenges, and customer perspectives. If needed, follow-
up calls with specific individuals to ensure that all questions are answered and that we
capture the necessary, critical information.
Validation of understanding — information learned: After completion of the interviews, the
Consulting Team will meet with the City Project Manager and any other necessary personnel
to further enhance their level of understanding from the information learned and gathered.
This session ensures that the Consulting Team has accurately processed the information
gathered throughout the interviews and focus group meetings.
Maintenance of regularly scheduled communication on project status: The NIGP Consulting
model has been successful largely because of our commitment to strong communication with
our clients. This begins at the very outset of the project (immediately after the Notice to
Proceed is given), when our Senior (Lead) Consultant will coordinate activities with the City
Project Manager. The Preparation phase will entail close coordination between these two
individuals to obtain relevant documents for review, identify Procurement staff and individual
stakeholders to interview, and schedule and coordinate meetings.
Communication with the Project Manager will occur via virtual meetings and email, and our
Senior (Lead) Consultant will also schedule a monthly meeting with the Purchasing
Administrator to provide an update on project activities. Meetings will include
documentation of action items, decisions, schedule updates, issue resolutions, and any other
applicable content required by the City.
Deliverables: NIGP Consulting shall provide a Draft Report of Recommendations to the City
Project Manager for review and comment. The City shall conduct a review and provide input
on the Draft Report to the Consultant within 2 weeks, unless otherwise agreed upon in
advance between the two parties. The pricing for the project includes one round of review
and editing, before a Final Report is delivered. Any needs or requests for additional rounds of
reviews and edits will be at an additional cost. A final project review session may be held
online with the City Project Manager and designated City staff upon request.
City Provided Support: The following level of support is expected from the City for each of the
phases of the project:
Preparation Phase — City shall be available for a maximum of 2 hour Kick Off Call to
discuss expectations, timelines, roles, meeting schedules and documentation reouest.
71 Page
Discovery and Document Collection Phase — City shall assist Consultant in gathering
applicable documentation, such as enabling legislation, existing City policies and
procedures, organizational charts, reports, and procurement performance metrics.
Interviews — City shall facilitate scheduling City staff for all required interviews.
Draft Report/Final Report— City shall dedicate sufficient staff time to assisting
Consultant with questions or clarifications required during draft report development
and shall provide sufficient resources to review and provide feedback on the revised
draft deliverable.
8 1 P a g e
IV. Project Schedule
Specific to the entity's Procurement Policy & Procedures Assessment, the four phases will
proceed over an approximate timeframe of 16 weeks. The project schedule below is flexible,
dependent upon the needs of the entity, and can be further refined with further discussion.
The below provides estimated times for each phase as well as estimated entity effort
requested.
.•.
CITY OF1 • . , PROCUREMENT
.•'
• PROCEDURES
POLICY
. ASSESSMENT
PHASE
ACTIVITY
TIMELINE
PREPARATION
. Project Kick Off meeting
NIGP Consulting: 2 weeks
. Preliminary research
Entity staff: 1-2 days
. Gathering and review of
documents and data
. Develop Project Plan
DATA COLLECTION
On -Site or Virtual interviews:
NIGP Consulting: 2 weeks
. Procurement staff
Entity staff:
oK(D
eparmen
. Client Departments
1 hour/interview
To
2-3 hours logistical support
ANALYSIS
. Review/analysis of data
NIGP Consulting: 3-4 weeks
. Comparison to best
Entity staff: 8 hours
practices
. Clarifications with entity
staff
DELIVERABLE CREATION
Deliverables:
NIGP Consulting: 3-4 weeks
. Develop Draft Deliverable
Entity staff: 2 weeks
. Entity review/comment
NIGP Consulting: 2 weeks
. Final Report
91 Page