R2024-176 2024-08-26RESOLUTION NO. R2024-176
A Resolution of the City Council of the City of Pearland, Texas, authorizing a
professional service contract with Civic Initiatives for on-demand procurement
support services, in the estimated amount of $61,000.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for professional services, a copy of which is attached
hereto as Exhibit “A” and made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest a contract for professional services.
PASSED, APPROVED and ADOPTED this the 26th day of August, A.D., 2024.
________________________________
J.KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
Docusign Envelope ID: 25902D1F-763D-4DEE-B5B7-15FF5D0D96F7
Scope of Work
for
City of Pearland
between
Civic Initiatives LLC ("Civic Initiatives")
a company incorporated in Texas
with an address at
7000 N Mopac Expwy, Suite 200, Austin, TX 78731
and
City of Pearland ("Client")
with an address at
3519 Liberty Drive, Pearland, TX 77581
Docusign Envelope ID: E571BAF0-7163-41AE-BEA5-27DC49552C05
7000 N Mopac Expressway, Suite 200 | Austin, TX 78731 | 512.523.4834 | info@civicinitiatives.com
SECTION 1. UNDERSTANDING
The City of Pearland is seeking a Civic Initiatives to perform a desk review and create
manual job aide.
SECTION 2. WORK PLAN
Project 2A Scope of Work – Desk Review
Task 1: Procurement Desk Review
Civic Initiatives will review ten (10) key areas of the procurement operations of the Client to
establish a high-level understanding of the relevant people, policy, technology, and related
processes. The review will span the full procurement lifecycle, from identification of a
procurement need to close-out of a contract. Tasks include, but are not limited to:
Work with Client Project Manager to submit a formal request for documents necessary
to gain a foundational understanding of Client procurement practices. Key areas of
review include:
Policy Review – Review of relevant statutes, codes, administrative policies,
thresholds
Process Review – Review of pertinent guidance on the execution of procurement
processes, including an supporting job aides
Organizational Review – Review of how procurement is organized, both in its
place within the Client entity and how it is staffed and structured at the
central procurement office and agencies/departments
Technology Review – Review of relevant documentation on the systems utilized
in executing procurement lifecycle practices
Coordinate with Client Project Manager to schedule a maximum of five (5) follow-up
interviews to clarify reviews performed.
Deliverables
1. Procurement Review Brief – A document capturing the review work performed
and detailing any obvious recommendations for improvement or optimization of
Client procurement practices.
Task 2: Manual Content Design
Civic Initiatives will engage key stakeholders, review peer models, and leverage its
knowledge of procurement best practices to create a Procurement Manual Content Topic
Docusign Envelope ID: E571BAF0-7163-41AE-BEA5-27DC49552C05
7000 N Mopac Expressway, Suite 200 | Austin, TX 78731 | 512.523.4834 | info@civicinitiatives.com
Area (CTA) Development Plan to use in drafting a Procurement Manual for the Client. The
Manual is an externally facing document that clearly define roles and responsibilities for all
phases of the procurement life cycle (plan, procure, and manage) and all process steps
required to complete a procurement for all procurement methods.
Key tasks include:
Develop a recommended form, format, and organizational model for the Procurement
Manual
Prepare a plan and timeline for development of content for the Procurement Manual
Identify and document a template detailing the form and format for document content
Work with procurement and technical stakeholders to identify an approach and style
for presentation of the Manual content in an online portal.
Deliverables
1. Procurement Manual Content Template – Document in Microsoft Word format
detailing the agreed upon template to be utilized when developing content for the
Procurement Manual.
2. Procurement Manual CTA Development Plan – A Smartsheet document detailing
the content topic areas (CTA) to be developed for the Procurement Manual and
providing a schedule for the creation of the Manual content.
Task 3: Manual Content Development
Civic Initiatives will work with key stakeholders to perform discovery and develop content
for the Procurement Manual based on the approved Content Topic Area (CTA)
Development Plan from Task 1.
Content developed will reflect current processes as of the date of discovery for the content
area. Draft content areas will be developed and submitted to the Client for review in
accordance with the agreed upon CTA Development Plan. Per the Plan, the Client is
allocated ten (10) business days for review of the content and provision of consolidated
feedback to Civic Initiatives. Civic Initiatives will provide the final version within three (3)
business days of receipt of the consolidated feedback from the Client. Along with the final
version, Civic Initiatives will provide a list of recommended resources, tools, and templates
for consideration.
Should Civic Initiatives not receive feedback in the time allotted, we will finalize the content
and send it back to the Client as final assuming no changes are required
Docusign Envelope ID: E571BAF0-7163-41AE-BEA5-27DC49552C05
7000 N Mopac Expressway, Suite 200 | Austin, TX 78731 | 512.523.4834 | info@civicinitiatives.com
Deliverables
1. Procurement Manual Draft Content - Development and delivery of draft manual
content for each CTA, in accordance with the approved plan. This deliverable will be
provided in Microsoft Word or as otherwise agreed to with the Client.
2. Procurement Manual Final Content - Development and delivery of final manual
content for each CTA, in accordance with the approved plan. This deliverable will be
provided in Microsoft Word or as otherwise agreed to with the Client.
3. Job Aide Matrix - A Matrix identifying all recommended job aides identified in the
development of manual content and the current status of each job aide (e.g.,
available, needs update, needs development, etc.). This deliverable will be provided
in Microsoft Excel.
SECTION 3. TIMELINE
The following table provides an estimated timeline for the execution of the project work
plan presented in the above Project 2A Work Plan. Upon execution of a contract or
issuance of a Purchase Order, the Civic Initiatives Project Manager will work with the Client
to finalize the project timeline, which will be updated to reflect the agreed upon project
start date and will make accommodations for holidays.
Deliverable Estimated Due Date
Procurement Review Brief 6 weeks from issuance of Contract or
Purchase Order
Procurement Manual Content Template
Procurement Manual CTA Development
Plan
4 weeks from completion of Procurement
Review Brief
Draft Manual Content As detailed in the approved CTA
Development Plan
Final Manual Content As detailed in the approved CTA
Development Plan
Job Aide Matrix Upon delivery of Final Manual Content
SECTION 4: COST
The following table provides details of the project costs associated with the execution of
the Project 2A Work Plan. Civic Initiatives will invoice monthly for all content completed
(draft or final) and submitted to the Client in the previous month.
Docusign Envelope ID: E571BAF0-7163-41AE-BEA5-27DC49552C05
7000 N Mopac Expressway, Suite 200 | Austin, TX 78731 | 512.523.4834 | info@civicinitiatives.com
Deliverable Cost
Procurement Review Brief $21,691.52
Procurement Manual Content Template
Procurement Manual CTA Development
Plan
$6,898.02
Draft Manual Content $1,667.71 per approved CTA
Estimated at $25,015.65 (15 CTAs)
Final Manual Content
Job Aide Matrix
$534.86 per approved CTA
Estimated at $8,022.90 (15 CTAs)
TOTAL $61,628.09
SECTION 5. ASSUMPTIONS
The following are key assumptions that are relevant for managing project costs and
ensuring the project meets required deadlines with quality deliverables.
• The Client will assign a Project Manager to assist with scheduling, data gathering
and other project logistics and management activities.
• The Client will establish a project team able to receive, review and accept project
deliverables in a timely manner.
• The Client Project Manager will schedule a meeting with the Civic Initiatives Project
Manager no later than three (3) business days after project initiation to review the
project work plan and ensure there is a common understanding of:
◦ Project goals and objectives
◦ Key contract elements (scope, schedule, deliverable review, and acceptance, etc.)
◦ Review administrative contract items (invoicing, payment, etc.)
◦ Roles and responsibilities
◦ Project logistics
• The Client project leadership and key stakeholders will make decisions and respond
to requests for information in a timely manner.
• Civic Initiatives staff will have timely access to key stakeholders, resources, and
other necessary subject matter experts during the engagement.
• The project schedule is an estimate and Civic Initiatives is willing to negotiate project
timelines, as required, to ensure the project meets Client needs.
• To the best of its ability, the Client will review all deliverables submitted and provide
feedback to Civic Initiatives within ten (10) business days.
• To the best of its ability, Civic Initiatives will review all feedback received and return
a final deliverable version to the Client within three (3) business days.
Docusign Envelope ID: E571BAF0-7163-41AE-BEA5-27DC49552C05
7000 N Mopac Expressway, Suite 200 | Austin, TX 78731 | 512.523.4834 | info@civicinitiatives.com
SECTION 6. CLIENT SUCCESS
At the core of our commitment to client satisfaction is our Client Success team, a distinctive
value-added service that stands as a testament to our dedication to project success.
Directly reporting to Civic Initiative’s CEO, Client Success works to ensure the success of
individual projects and focuses on the long-term nurturing of client relationships.
As part of the Client Success experience, the Client may be asked to participate in a Client
Initiation meeting that serves as a handoff to the Civic Initiative’s project team. Client
Success will also meet with the Client PM throughout the project to solicit candid feedback
and capture the project story in written form.
A dedicated Client Success Representative will be assigned to the project. In addition, the
Client Success team may be reached at any time via email at clientsuccess@civicinitiatives.com.
SECTION 7: PAYMENT TERMS
All payments will be made within thirty (30) Calendar Days of receipt and acceptance of a
proper invoice that includes all required information. If an invoice does not meet
requirements, the Client will send written notice with the improper invoice within ten (10)
calendar days after receipt of the invoice. The notice will contain a description of the defect
and any additional information needed to correct the invoice.
SECTION 8. PROCESS FOR AMENDMENTS/CHANGE ORDERS
This SOW may be amended or modified only by a written agreement executed by all
parties involved. Any proposed amendments shall be submitted in writing to the other
party for review and consideration. The amendment shall clearly reference the original
SOW and state the specific provisions that have been modified or added. Once executed,
the amendment shall become a part of the original SOW and shall be binding upon all
parties as if it were originally included in the SOW.
SECTION 9. LEGAL TERMS
Term of Agreement
This Agreement shall commence on the date fully executed and shall continue in effect for
{one (1) year} unless terminated earlier as provided herein. Upon expiration of the initial
term, this Agreement shall automatically renew for successive renewal terms of one (1)
year each unless either party provides written notice of non-renewal at least thirty (30)
calendar days prior to the expiration of the then-current term.
Docusign Envelope ID: E571BAF0-7163-41AE-BEA5-27DC49552C05
7000 N Mopac Expressway, Suite 200 | Austin, TX 78731 | 512.523.4834 | info@civicinitiatives.com
Exclusion of Damages
Each party agrees that in no event will the other be liable, under any theory of liability,
however arising; for any costs of cover or for indirect, special, incidental, or consequential
damages of any kind (including any loss of use, interruption of business, loss of business
profits, loss of business information, and the like) arising out of this agreement, even if
such party has been advised of the possibility of such damages. These limitations shall
apply despite any failure of the essential purpose of any limited warranty or remedy.
Limitation on damages
If there shall be any liability of one party to the other that arises out of or is in any way
connected to this agreement, each party’s aggregate liability for all damages, losses, and
causes of action whether in contract, tort (including negligence) or otherwise, either jointly
or severally, shall not exceed the total amounts paid by the claiming party to the liable
party during the 12 months immediately preceding the day that the act or omission
occurred that gave rise to the claim. Each party acknowledges that the other is not an
insurer; that the payments made by hereunder are based solely on the value of the
services and are not sufficient to warrant assuming any risk of consequential or other
damages due to negligence or failure to perform. Due to the nature of the services to be
performed, it is impracticable and extremely difficult to fix the actual damages, if any,
which may result (proximately or otherwise) from negligence or failure to perform under
this agreement. This limitation of liability reflects an allocation of risk between the parties
in view of the fees charged, is not a penalty, and shall be exclusive. The limitations in this
agreement shall apply despite any failure of the essential purpose of any limited warranty
or remedy.
Intellectual Property
Work performed on engagements pursuant to this agreement by party and information,
materials, products, and deliverables developed in connection with engagements pursuant
to this agreement shall be the property of the respective parties performing the work or
creating the information. All underlying methodology utilized by each party respectively
which was created and/or developed by that party prior to the date of this agreement and
utilized in the course of performing engagements pursuant to this agreement shall not
become the property of the other.
Force Majeure
Civic Initiatives shall not be responsible for performance under this SOW should one of
these parties be prevented from performance by an act of war, order of legal authority, act
of God, or other unavoidable cause not attributable to the fault or negligence of the party
claiming force majeure.
Docusign Envelope ID: E571BAF0-7163-41AE-BEA5-27DC49552C05
7000 N Mopac Expressway, Suite 200 | Austin, TX 78731 | 512.523.4834 | info@civicinitiatives.com
In the event of an occurrence under this Section, the party will be excused from any further
performance or observance of the requirements so affected for as long as such
circumstances prevail and the party continues to use commercially reasonable efforts to
recommence performance or observance whenever and to whatever extent possible
without delay. The Party shall immediately notify the other Party by telephone (to be
confirmed in writing within five (5) calendar days of the inception of such occurrence) and
describe at a reasonable level of detail the circumstances causing the non-performance or
delay in performance.
Termination and Dispute Resolution
a. Either party may terminate this agreement for convenience by providing written
notice to the other party. The notice period for termination shall be thirty (30)
calendar days unless otherwise agreed upon in writing.
b. Either party may terminate this agreement for cause in the event of a material
breach by the other party. The non-breaching party shall provide written notice
specifying the nature of the breach and allow the breaching party a reasonable
opportunity to remedy the breach. If the breach remains unremedied within
fourteen (14) calendar days, the non-breaching party may terminate the agreement.
c. In the event of termination for convenience by either party, no termination fees
shall be payable.
d. In the event of termination for cause due to a material breach by one party, the
non-breaching party may be entitled to recover any reasonable costs or damages
incurred as a direct result of the breach.
e. Any dispute, controversy, or claim arising out of or relating to this contract, or the
breach, termination, or invalidity thereof, shall be first resolved through mediation.
If mediation fails to resolve the dispute within fourteen (14) calendar days, the
parties agree to submit the dispute to binding arbitration in accordance with the
rules of the American Arbitration Association. The decision of the arbitrator(s) shall
be final and binding on both parties, and judgment upon the award rendered may
be entered in any court having jurisdiction.
Governing Law
This agreement is made in and shall be governed by the laws of the State of Texas, without
regard to its choice of law principles. Exclusive jurisdiction and venue of any actions arising
out of, or relating to, or in any way connected with this Agreement, its negotiation or
termination shall be in Travis County, Texas if in state court and in the Western District of
Texas if in Federal Court.
Docusign Envelope ID: E571BAF0-7163-41AE-BEA5-27DC49552C05
Docusign Envelope ID: E571 BAFO-7163-41AE-BEA5-27DC49552CO5
17� initiatives
7000 N Mopac Expressway,Suite 200 1 Austin,TX 78731 1 512.523.4834 1 info@civicinitiatives.com
Severability
If any provision of this SOW is found to be invalid or unenforceable, the remaining
provisions shall remain in full force and effect.
Entire Agreement
This Agreement, including any attached exhibits or addenda, constitutes the entire
agreement between the parties and supersedes all prior negotiations, understandings, and
agreements, whether oral or written.
SECTION 9: SIGNATURES
By Client By Civic Initiatives
Client authorizes Contractor to provide Civic Initiatives agrees to provide services and
services to Client and agrees to pay Civic Deliverables as described in this SOW
Initiatives for Deliverables as described in this
SOW.,
DocuSigned by:
Authorized Signatory(Signature) Authorized Signatory(Signature)
Trent Epperson Harry Pape
Authorized Signatory(Printed) Authorized Signatory(Printed)
Date: 8/27/2024 1 2:16 PM CDT Date:
12/08/2024