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HomeMy WebLinkAboutResolution - 2024-R0002 - First Amendment To PSA Dated 2/19/20, Principle Staffing - 01/16/2024Resolution No. EUB 2024-R0002 RESOLUTION WHEREAS, Lubbock Power & Light is the municipally owned public power utility of the City of Lubbock ("LP&L"); WHEREAS, by Professional Services Agreement dated February 19, 2020, Resolution No. EUB 2020-R0018, by and between LP&L and Principle Staffing, LLC ("Principle"), professional staffing services were provided to support LP&L's needs relating to the North American Electric ReliabiliTy Corporation (NERC) Transmission Operator (TOP) registration ("Original AgreemenY'); WHEREAS, by First Amendment to Professional Services Agreement dated effective March 30, 2021, Resolution No. EUB 2021-R0020 ("First Amendment"), the Original Agreement was amended to expand the supplemental staffing services to include transmission and engineering related positions, fnancial and accounting positions, and/or professional utility consulting services, to provide a process for engaging new Temporary Workers, to delegate certain authority to the Director of Electric Utilities to execute sequentially numbered Exhibit A forms for additional Temporary Worker(s), to clarify the rights and obligations of the parties, and to provide for certain notices required by law; WHEREAS, by Second Amendment to Professional Services Agreement ("Second AmendmenY') dated effective September 27, 2021, Resolution No. EUB 2021-R0062, the Original Agreement as Amended was further amended in order to have the flexibility to revise or amend previously executed Exhibit(s) A applicable to Temporary Worker(s) for various reasons, as they may occur; WHEREAS, by Third Amendment to Professional Services Agreement ("Third Amendment") dated effective January 17, 2023, Resolution No. EUB 2023-R0006, the Original Agreement as Amended was further amended in order to extend the term of the agreement, to update the contact information of the Original Agreement, and to include Production Staff in LP&L's temporary staffing needs; WHEREAS, LP&L desires to extend the Original Agreement, as amended, by twelve (12) additional months and to further update the contact information to reflect changes within LP&L. NOW, THEREFORE: BE IT RESOLVED BY THE ELECTRIC UTILITY BOARD OF THE CITY OF LUBBOCK: THAT the LP&L Chief Administrative Officer or his designee is hereby authorized and directed to execute, for and on behalf of the City of Lubbock, acting by and through LP&L, that certain Fourth Amendment to Professional Services Agreement, by and between LP&L and Principle Staffing, LLC, as attached hereto and incorporated herein as though fully set forth herein in detail, and any documents related thereto. Passed by the Electric Utility Board this 16�h day of January, 2024. ATTEST: Eddie Schulz, Board Secretary APPROVED AS TO CONTENT: Blair McGinnis, Chief Operating Officer APPROVED AS TO FORM: '' � x a��R-� Carolyn ellman, Interim General Counsel FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Fourth Amendment to Professional Services Agreement ("Fourth Amendment"), is entered into and effective this 16th day of January, 2024, by and between the City of Lubbock, Texas, acting by and through Lubbock Power & Light ("LP&L"), and Principle Staffing, LLC, a Texas Corporation, ("Principle") WITNESSETH WHEREAS, LP&L and Principle entered into that certain Professional Services Agreement, on or about February 19, 2020, Resolution EUB 2020-R0018 ("Original Agreement"), wherein Principle agreed to provide certain supplemental staffing services to Client, as more particularly described therein ("Services"); WHEREAS, by First Amendment to Professional Services Agreement, dated effective March 30, 2021, Resolution No. EUB 2021-R0020 ("First Amendment"), the Original Agreement was amended to expand the supplemental staffing services to include transmission and engineering related positions, fnancial and accounting positions, and/or professional utility consulting services, to provide a process for engaging new Temporary Workers, to delegate certain authority to the Director of Electric Utilities to execute Exhibit A forms for additional Temporary Worker(s), to clarify the rights and obligations of the parties, and to provide for certain notices required by law; WHEREAS, by Second Amendment to Professional Services Agreement ("Second Amendment") dated effective September 27, 2021, Resolution No. EUB 2021-R0061, the Original Agreement was amended in order to have the flexibility to revise or amend previously executed Exhibit(s) A applicable to Temporary Worker(s) for various reasons, as they may occur; Fourth Amendment to Professional Services Contract- Principle Staffing, LLC Page 1 WHEREAS, by Third Amendment to Professional Services Agreement ("Third Amendment") dated effective January 17, 2023, Resolution No. EUB 2023-R0006, the Original Agreement as Amended was further amended in order to extend the term of the agreement, to update the contact information of the Original Agreement, and to include Production Staff in LP&L's temporary staffing needs; WHEREAS, LP&L desires to extend the Original Agreement, as amended, by twelve (12) additional months and to further update the contact information to reflect changes within LP&L. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, LP&L and Principle amend the Original Agreement, as amended, as follows: 1. The first sentence of Article I, Term, is hereby deleted in its entirety and replaced with the following: "The term of this Contract commences on the Effective Date and continues without interruption to February 18, 2025. Following the Initial Term, this Agreement shall continue thereafter until terminated by either party upon one hundred twenty (120) days' written notice. Either party may terminate this Agreement at the end of the Initial Term so long as the party has provided written notice of termination at least one hundred twenty (120) days prior to the end of the Initial Term." 2. LP&L's address and contact information in Section 15 of the Original Agreement, as amended, is hereby deleted and replaced with the following: "Attn: Chief Administrative Officer 1314 Ave. K, Scn Floor Lubbock, Texas 79401 Telephone: (806) 774-2501" Fourth Amendment to Professional Services Contract- Principle Staffing, LLC Page 2 3. Except as amended hereby, the terms and conditions of the Original Agreement, as amended, shall remain valid and subsisting as originally provided. IN WITNESS WHEREOF, the parties have executed this Fourth Amendment by their duly authorized representatives as of the date first written above. APPROVED AS TO CONTENT: � \nn � , , �f V � Blair McGinnis, Chief Operating Officer APPROVED AS TO FORM: ���� Carolyn S man, Interim General Counsel Principle Staffing, LLC By: /��i � //....►� Name: Troy L. Vaughn Title: President Fourth Amendment to Professional Services Contract- Principle 5taffing, LLC Page 3 CITY OF LUBBOCK, acting by and through Lubbock Power & Light