HomeMy WebLinkAboutResolution - 2023-R0198 - Agreement with Strategic Government Resources for Interim Human Resources DirectorResolution No. 2023-R0198
Item No. 6.38
April 11, 2023
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, an Agreement for Interim Human Resources Director
Services, by and between the City of Lubbock and Strategic Government Resources, and
related documents. Said Agreement 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.
Passed by the City Council on April 11, 2023
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TRAY OR
ATTEST: V I
Courtney Paz, Interi4] City S
APPROVED AS TO CONTENT:
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Bill Ho on, Dep��anager
FORM:
Mitgl'iell'Sa white,-First'Assistant City Attorney
ccdocs/RES.Agrmt-Strategic Government Resources
April 3, 2023
Resolution No. 2023-R0198
Date: March 31, 2023
Agreement for Interim Human Resources Director Services
By and Between Strategic Government Resources and the City of Lubbock, Texas
City of Lubbock, Texas Strategic Government Resources
W. Jarrett Atkinson, City Manager Wendle Medford, President
JAtkinson@mylubbock.us Interim, Embedded and Consulting Services
WendleMedford@GovernmentResource.com
("City") ("SGR")
Scope of Services. The City of Lubbock, Texas, (referred to as "City") seeks an Interim Human Resources
Director 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 Human Resources Director
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
Human Resources Director, SGR will produce additional experienced local government professionals to fill
the position, to the satisfaction of City, pending availability of suitable candidates.
Directions and Control. The City is responsible for the direction, supervision, and control of the
contractor. It is the City's responsibility to provide a safe workplace and to furnish the contractor with
any equipment/ training needed to perform their role.
Terms and Conditions. SGR will provide an Interim Human Resources Director at a rate of $97.00 per
hour. The Interim Human Resources Director 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
$97.00 per hour.
City Contact for Invoicing:
Name: Bill Howerton
Email: bhowerton@mylubbock.us
Phone: (806)775-2300
1. 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 report length
may be as long as 350 pages and may include news articles, links to video interviews, blog posts
by residents, etc.
The City's final approval of the interim candidate will be dependent upon client acceptance of
results of the media and background searches conducted, and we recommend a start date after
completion of all elements of our background checking process.
Should an organization choose to start an interim candidate prior to completion of media searches
and/or any other elements of the standard background investigation, SGR will be held harmless for
any unexpected findings.
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)
• City criminal search (for every City in which candidate has lived or worked)
• City civil search (for every City 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 Human
Resources Director, 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.
5. The City will provide temporary housing such as a local hotel, direct billed to City, with roundtrip
mileage or economy airfare reimbursement up to two times per month between Interim Human
Resources Director permanent residence and City. Mileage is reimbursed by City at the current IRS
mileage reimbursement rate.
6. City will be billed bi-weekly for the previous 2 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 Human Resources Director 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 $10,000.00. 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 Human Resources Director Services with a
fourteen (14) day written notice, without cause or penalty.
Cost Summary. SGR will provide Interim Human Resources Director Services to City as follows:
Interim Human Resources Director Services $97.00 per hour
Comprehensive Media Search Report $500.00
Background Investigation $400.00
Mileage/Temporary Housing TBD*
Travel expenses for in -person interviews, if needed Non -applicable
Per diem for in -person interview, if needed Non -applicable
*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 Human Resources Director will perform services for City which may
require City to disclose confidential and proprietary information to Interim Human Resources Director or which
may require City to grant authorization to the Interim Human Resources Director 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 Human Resources
Director'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 Human Resources Director, 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 Human Resources
Director must receive authorization from City verbally and in writing, other than by email, and Interim
Human Resources Director shall maintain reasonable data security controls to protect Interim Human
Resources Director 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 Human Resources Director, 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 Human Resources Director, 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 an independent contractor and as Interim Human
Resources Director, 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 Human Resources Director as an independent contractor of City acting within the course and scope of
the Interim Human Resources Director's engagement 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 Human Resources Director 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 Human Resources Director's legal counsel shall be with
the mutual agreement of the Interim Human Resources Director 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 Human
Resources Director'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 Human Resources Director's engagement with City.
Venue. The venue for any disputes shall reside in Lubbock County, Texas.
Applicable law. This agreement shall be 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 on April 11, 2023 , by and between Strategic Government Resources
and the City of Lubbock.
FOR: THE CITY OF LUBBOCK
ATTEST:
Courtney Pa*, City
APPROVED AS TO CONTENT:
4?
Bill owerton, Dt" anager
APPROVED AS -TO FORM:
City Attorney
FOR: Strategic Government Resources
Wendle Medford, President
Interim, Embedded and Consulting Services