HomeMy WebLinkAboutResolution - 2018-R0229 - Amendment 1 With Strategic Government Resources - 07/26/2018Resolution No. 2018-R0229
Item No. 6.5
July 26, 2018
RESOLUTION
BE IT RESO1.VI:D BY THE CffY COUNCIL OF THE CITY 0 F LUBBOCK:
THAT the act of the City Manager in executing, on behalf' of the City of I.ubbock, the
contract entered into on March 7. 2018, by and between the City of Lubbock and Strategic
Government Resources, and all related documents is hereby ratified in full. Said Contract is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
'111AT the Mayor of the City of Lubbock is hereby authorized and directed to exeeute: for
and on belnall' of the City of Lubbock, Amendment No. 1 to that certain Agreement entered into
March 7. 2018 for recruitment services for an experience local government professional to serve
as Interim Assistant City Engineer for the City ❑f lAibbock, by and between the City of Lubbock
and Strategic Government Resuurces and related documents. Said Amendment is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in [lie minutes
of the CAN, Council.
Passed by the City Council on July 26, 2018
DANIEL. M. POPE, MAYOR
ATFEST:
(1) 11V '- JK- -
Re eeea Garza, City Secretary
APPROVED AS TO CONTENT:
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Jcsica McEachern, Assistant City Manager
APPROVED AS 1-0 FORM:
Kelli Leisure, Assistant City Attorney
ccdocs/RES.SGR_Ratifiction and Amendment
7.ili8
Resolution No. 2018-R0229
Amendment I
To Agreement Between
The City of Lubbock, TX
and
Strategic Government Resources
THIS IS THE FIRST AMENDMENT TO THE AGREEMENT entered into on the 7th day of March
2018, by and between the City of Lubbock ("City") and Strategic Government Resources ("SGR").
Said agreement is for recruitment services for an experience local government professional to serve as
Interim Assistant City Engineer for the City of Lubbock.
This amendment incorporates the following provisions into the agreement:
Term:
The term of the agreement shall be for one year.
Non -appropriation:
All funds for payment by the City under this Agreement are subject to the availability of an
annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City
Council of the City of Lubbock for the services provided under the Agreement, the City will terminate the
Agreement, without termination charge or other liability, on the last day of the then -current fiscal year or
when the appropriation made for the then -current year for the services covered by this Agreement is
spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not
appropriated for the continuance of this Agreement, cancellation shall be accepted by the Engineer on
thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall
not be obligated under this Agreement beyond the Non -Appropriation Date.
No Boycott of Israel:
SGR warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas Government
Code by verifying that:
(1) SGR does not boycott Israel; and
(2) SGR will not boycott Israel during the term of the Agreement.
Senate Bill 252:
SB 252 prohibits the City from entering into a contract with a vendor that is identified by The
Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan
or a foreign terrorist organization.
Page 1 of 2
All other portions of the original Agreement and previous Amendments, if any, shall remain in place and
are not altered by this amendment.
IN WITNESS HEREOF, the parties have executed this Agreement as of this 26th day of
July 2018.
CITY OF LUBBOCK
DANIEL M. POPE, Mayor
ATTEST:
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Rcbe •ca Garza, City Secretary
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Assistant City Engin " apital Projects and Design
APPROVED AS TO FORM:
Strategic Government Resources
Chuck Sparks, Chief Operating Officer
elli Leisure, Assistant City Attomey
Page 2 of 2
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Date: February 8, 2018
Agreement for Interim Assistant City Engineer for Development Services
By and Between Strategic Government Resources and the City of Lubbock, Texas
City of Lubbock, Texas Strategic Government Resources
Jarrett Atkinson, City Manager Chuck Sparks, Chief Operating Officer
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("SGR")
Scope of Services. The City of Lubbock, Texas, (referred to as "City") seeks an Interim Assistant City
Engineer for Development to perform related duties for City. Strategic Government Resources (referred
to as "SGR") will provide a highly experienced local government professional to serve as Interim Assistant
City Engineer for Development for City.
Recommended Candidate. SGR and City will work together to determine a final candidate for
consideration. Should City wish to consider an alternate candidate, SGR can provide other
experienced local government professionals for City to interview. City may interview candidate(s) by
phone, Skype, or in person. City will reimburse all travel, lodging, and per diem expenses for any in -person
interviews.
If at any time during the assignment, City wishes to have another candidate provided to serve as Interim
Assistant City Engineer for Development, SGR will produce additional experienced local government
professionals to fill the position, to the satisfaction of City.
Terms and Conditions. SGR will provide an Interim Assistant City Engineer for Development at a rate of
$67.74 per hour. The Interim Assistant City Engineer for Development will work a maximum of 40 hours
per week unless approved by City. Any hours worked in excess of 40 hours per week, will be billed at the
standard contract rate of $67.74 per hour.
City Contact for Invoicing:
Name: Barbara Bessent, Executive Assistant to the City Manager
Email: bbessent@rnylubbock.us
Phone: 806.775-2003
I. SGR will perform a Comprehensive Media Search on the candidate selected by City and provide
a comprehensive media report to City. This media report is compiled from information
gathered using our proprietary online search process. This is not an automated process, and
produces far superior results than a standard media or simple Google search. The feport length
may be as long as 350 pages and may include news articles, links to video interviews, blog posts
by residents, etc.
2. SGR will perform a comprehensive background investigation on the candidate selected by the
City. SGR uses a licensed private investigation firm for these services. Through SGR's partnership
with FirstCheck, we are able to provide our Cities with comprehensive background screening
reports that include detailed information such as:
• Social Security number trace
• Address history
• Driving history/motor vehicle records
• Credit report
• Federal criminal search
• National criminal search
• Global homeland security search
• Sex offender registry search
• State criminal search (for current and previous states of residence)
• County criminal search (for every county in which candidate has lived or worked)
• County civil search (for every county in which candidate has lived or worked)
• Education verification
3. City is responsible for the cost of any drug screening that City may require.
4. All routine business expenses incurred by SGR's representative in their role as Interim Assistant
City Engineer for Development will be reimbursed under the same terms and conditions that such
expenses would be reimbursed for any other employee of City, such as mileage, hotel, and per
diem when traveling at the request of City, and business meals incurred for local meetings.
Commute time will not be billed by SGR.
S. Depending on the location of the permanent residence of the selected Interim Assistant City
Engineer for Development, mileage reimbursement and temporary housing may be required.
Mileage is reimbursed by City at the current IRS mileage reimbursement rate. The City may elect
to provide temporary housing such as a local hotel, direct billed to City, with a mileage/travel
reimbursement of twice per month between Interim Assistant City Engineer for Development's
permanent residence and City.
6. City will be billed weekly for the previous week's work and any travel/housing reimbursement
payment will be due within 14 days of each billing. SGR will not be compensated for holidays,
vacation time, sick leave, etc.
7. If City hires the candidate placed as Interim Assistant City Engineer for Development for a
permanent position during the term of this agreement or within 12 months after the conclusion of
this agreement, City will pay SGR an employment placement fee of $5,000.00. This fee is waived if
SGR conducts a full -service executive search for this position.
8. City or SGR may terminate the agreement for Interim Assistant City Engineer for Development
Services with a fourteen (14) day written notice, without cause or penalty.
Cost Summary. SGR will provide Interim Assistant City Engineer for Development Services to City as follows:
Interim Assistant City Engineer for Development Services
Comprehensive Media Search Report
Background Investigation
Mileage/Temporary Housing
Travel expenses for In -person interviews, If needed
Per diem for lq-person interview, If needed
$67.74 per hour
$500.00
$300.00
TBD'
TBD
$10 breakfast, $25 lunch, $25 dinner
"Mileage will be billed at the Standard Mileage Reimbursement Rate established by the IRS. City will provide
temporary housing or a housing stipend, if necessary.
Confidentiality Agreement. The Interim Assistant City Engineer for Development will perform services for City
which may require City to disclose confidential and proprietary information to Interim Assistant City Engineer
for Development or which may require City to grant authorization to the Interim Assistant City Engineer for
Development to make financial and legal transactions on behalf of the City. Confidential information includes,
but is not limited to, any information of any kind, nature, or description concerning any matters affecting or
relating to Interim Assistant City Engineer for Development's services for City, the business or operations of City,
and/or the products, projects, drawings, plans, processes, or other data of City. Financial and legal information
includes, but is not limited to, financial institution wire transfers, deposits, withdrawals, cash handling,
investment handling, real property transactions, or other financial or legal transactions of City. The Interim
Assistant City Engineer for Development, through his/her contract with SGR agrees:
• To hold any and all confidential information received from City in strict confidence and shall exercise a
reasonable degree of care to prevent disclosure to others.
• Not to disclose or divulge, either directly or indirectly, the confidential information to others unless first
authorized to do so in writing by City. For financial and legal transactions, Interim Assistant City
Engineer for Development must receive authorization from City verbally and in writing, other than by
email, and Interim Assistant City Engineer for Development shall maintain reasonable data security
controls to protect Interim Assistant City Engineer for Development and City from social engineering
attacks.
• Not to reproduce the confidential information, nor use this information commercially, or for any
purpose other than the performance of his/her duties for City.
• That upon request or upon termination of his/her relationship with City, deliver to City, any drawings,
notes, documents, equipment, and materials received from City or originating from his/her activities
for City.
• That City shall have the sole right to determine the treatment of any information that is part or project
specific received from Interim Assistant City Engineer for Development, including the right to keep the
same as confidential and proprietary.
Indemnification. To the extent It may be permitted to do so by applicable law, City does hereby agree to
defend, hold harmless, and indemnify the designated Interim Assistant City Engineer for Development, SGR, and
all officers, employees, and contractors of SGR, from any and all demands, claims, suits, actions, judgments,
expenses, and attorneys' fees incurred in any legal proceedings brought against them as a result of action
taken In the Interim's individual or official capacity for the City as a contract employee and as Interim Assistant
City Engineer for Development, providing the incident(s), which is (are) the basis of any such demand, claim,
suit, actions, judgments, expenses, and attorneys' fees, arose or does arise in the future from an act or
omission of the Interim Assistant City Engineer for Development as a contract employee of City acting within
the Course and scope of the Interim Assistant City Engineer for Development's employment with City;
excluding, however, any such demand, claim, suit, action, judgment, expense, and attorneys' fees for those
claims or any causes of action where it is determined that the Interim Assistant City Engineer for Development
committed official misconduct, or committed a willful or wrongful act or omission, or an act or omission
constituting gross negligence, or acted in bad faith; and excluding any insurance contract, held either by City or
SGR. In the case of such indemnified demand, claim, suit, action, or judgment, the selection of the Interim
Assistant City Engineer for Development's legal counsel shall be with the mutual agreement of the Interim
Assistant City Engineer for Development and City if such legal counsel is not also City's legal counsel. A legal
defense may be provided through insurance coverage, in which case the Interim Assistant City Engineer for
Development's right to agree to legal counsel provided for him/her will depend on the terms of the applicable
insurance contract. The provisions of this paragraph shall survive the termination, expiration, or other end of
this agreement and/or the Interim Assistant City Engineer for Development's employment with City.
Venue. The venue for any disputes shall reside in Lubbock County, Texas.
Applicable law. This agreement shall he governed by the laws of the State of Texas.
This agreement represents the full and complete agreement between Strategic Government Resources and the
City of Lubbock, Texas, and supersedes any and all prior written or verbal agreements. This agreement may be
modified or amended only by a written instrument signed by the parties.
Approved and Agreed to, this the _f7 day of LW IZI1 2018, by and between Strategic Government
Resources and the City of Lubbock, Texas. The parties agree to the requirements for Interim Assistant City
Engineer for Development Services agreement attached hereto as Exhibit A and incorporated herein by reference.
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Jarrett At nson, City Manager Chuck Sparks, Chief perating ClFfcer
City of Lubbock, Texas Strategic Government Resources
Attachment "A"
A. Non -Arbitration
The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or
otherwise, including without limitation, the right to seek any and all forms of relief in a court of
competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to
exercising its unrestricted right toseekjudicial remedy. The remedies set forth herein are cumulative and
not exclusive, and maybe exercised concurrently. To the extent of any conflict between this provision
and another provision in, orrelatedto, this document, this provision shalIcontrol.
B. Nonappropriation
All funds for payment by the City under this contract are subject to the availability of an annual
appropriation for this purpose by the City. In the event of nonappropriation of funds by the City
Council of the City of Lubbock for the goods or services provided under the contract, the City will
terminate the contract, without termination charge or other liability, on the last day of the then -current
fiscal year or when the appropriation made forthe then -current year for the goods or services covered by
this contract is spent, whichever event occurs first. Ifat anytime funds are not appropriated for the
continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written
notice, but failure togive such notice shall be ofno effectand the City shall not be obligated underthis
contract beyond the date oftermination.
C. Cost Summary
The services provided under this contract shall not exceed $50,000.
CITY OF LUBBOCK, TX
Chapter 2270 Prohibition on Contracts with Companies Boycotting Israel
House Bill 89, adopted by the 8511, Legislature, created §2270.001, Texas Government
Code, Section Subtitle F, Title 10, requires a company entering to a contract with a
governmental entity or state agency to verify that the company: (1) does not boycott Israel;
and (2) will not boycott Israel during the term of the contract. (Effective September I,
2017)
I, the undersigned agent for the company named below, certify that the Company does not
boycott Israel and will not boycott Israel during the term of the contract.
COMPANY NAME: Strategic Government Resources
Signature of Company Official:
Date Signed:
Printed name of company official signing above: Chuck Sparks