HomeMy WebLinkAboutContract 46710-A1 CITY SECRETARY
CONTRACT NO,
AMENDMENT TO CITY SECRETARY CONTRACT NO. 46710
SCS _3 2016 MASTER PROFESSIONAL SERVICES AGREEMENT
CONTRACT AMENEMENT DOCUMENTS:
This Contract amendments shall include the following:
1. This Amendment for Professional Services
2. Exhibit A-2—Scope of Work
3. Attachment A to Exhibit A-2 Scope of Work, Temporary Personnel for Interim
Management Services, Contract#46710
THIS AMENDMENT TO THE MASTER PROFESSIONAL SERVICES AGREEMENT
("Amendment") is made and entered into by and between THE CITY OF FORT WORTH, a
home-rule municipal corporation of the State of Texas ("City"), acting by and through its duly
authorized Assistant City Manager, and Strategic Government Resources, Inc. ("Consultant"
or"SGR'), a Texas corporation acting by and through its duly authorized Managing Director.
On or about May 29, 2015, the City and Consultant entered into a Master Professional Services
Agreement, CSC No. 46710 ("Agreement") to provide employee training and executive
recruitment and selection. The City and Consultant now wish to amend the Agreement as set
forth herein.
SECTION 1.
The Agreement is amended to add the following definitions:
The term "Consultant" or"Contractor" or "SGR" shall include the Consultant or Contractor, and
its officers, agents, employees,representatives, servants, contractors or subcontractors.
The term"City" shall include its officers, employees, agents, and representatives.
The City and Consultant shall each be referred to collectively as the "parties" and individually as
a"party."
SECTION 2.
Section 1(a), Services, shall be replaced in its entirety and restated as set forth below:
1. Services. Consultant will, with good faith and due diligence, assist the City with employee
training, executive recruitment and selection, providing local government professionals to serve
Interim Management positions ("Interim Managers"), and other appropriate consulting services
as requested by the City. In particular, Consultant will perform all duties outlined and
described in a Scope of Work to be determined on an as needed basis. Each Scope of Work shall
set forth the specific services to be provided, length of the project, billing schedule and
approximate costs for the services. Each Scope of Work shall reference this Agreement and be
Exhibit A-2 to Professional Services Agreement CSC 46710
Strategic Government Resources
Page 1 of 2
incorporated herein into this Agreement for all purposes as though it were set forth at length.
Further, each Scope of Work shall be numbered as Exhibit A-1, Exhibit A-2, Exhibit A-3 and
so forth. The actions and objectives contained in each Exhibit are referred to as the "Services."
This Agreement shall not be an exclusive agreement for the Services being provided.
SECTION 3.
Section 3, Compensation, shall be amended to increase the total compensation to an amount not
to exceed $575,000.00, which is an increase in the amount of$209,000.00 under the Agreement.
SECTION 4.
Section 5, Independent Contractor, shall be replaced in its entirety and restated as set forth
below:
5. Independent Contractor. It is expressly understood and agreed that
Consultant shall operate as an independent contractor as to all rights and privileges and work
performed under this Agreement, and not as an officer, agent, servant, representative or
employee of the City. Subject to and in accordance with the conditions and provisions of this
Agreement, Consultant shall have the exclusive right to control the details of its operations and
activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors and subcontractors. Consultant acknowledges that the doctrine of
respondeat superior shall not apply as between the City, its officers, agents, servants and
employees, and Consultant, its officers, agents, employees, servants, contractors and
subcontractors. Consultant further agrees that nothing herein shall be construed as the
creation of a partnership or joint enterprise between City and Consultant. It is further
understood that the City shall in no way be considered a Co-employer or a Joint employer of
Consultant or any officers, agents, servants, employees or subcontractors of Consultant. Neither
Consultant, nor any officers, agents, servants, employees or subcontractors of Consultant shall
be entitled to any employment benefits from the City. Consultant shall be responsible and liable
for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents,
servants, employees or subcontractors.
SECTION 5.
Section 7, Confidential and Proprietary Information, shall be replaced in its entirety and restated
as set forth below:
7. Confidential and Proprietary Information.
7.1 The City acknowledges that Consultant may use products, materials, or methodologies
proprietary to Consultant. The City agrees that Consultant's provision of Services under this
Agreement shall not be grounds for the City to have or obtain any rights in such proprietary
products, materials, or methodologies unless the Parties have executed a separate written
agreement with respect thereto. Consultant, for itself and its officers, agents, servants,
Exhibit A-2 to Professional Services Agreement CSC 46710
Strategic Government Resources
Page 2 of 2
employees, and subcontractors, further agrees that it shall treat all information provided to it by
the City as confidential and shall not disclose any such information to any third party without the
prior written approval of the City.
7.2 Consultant shall store and maintain City Information in a secure manner and shall not
allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any
way. Consultant shall notify the City immediately if the security or integrity of any City
information has been compromised or is believed to have been compromised, in which event,
Consultant shall, in good faith, use all commercially reasonable efforts to cooperate with the
City in identifying what information has been accessed by unauthorized means and shall fully
cooperate with the City to protect such information from further unauthorized disclosure.
7.3 Notwithstanding the foregoing, Consultant understands and agrees that the City is a
public entity under the laws of the State of Texas, and as such, is subject to various public
information laws and regulations, including, but not limited to, the Texas Public Information
Act, Chapter 552 of the Texas Government Code (the "Act"). Consultant acknowledges that,
under the Act, the following information is subject to disclosure: 1) all documents and data held
by the City, including information obtained from the Consultant, and 2) infortnation held by the
Consultant for or on behalf of City that relates to the transaction of the City's business and to
which City has a right of access. If the City receives a request for any documents that may reveal
any of Consultant's proprietary information under the Act, or by any other legal process, law, rule,
or judicial order by a court of competent jurisdiction, the City will utilize its best efforts to notify
Consultant prior to disclosure of such documents. The City shall not be liable or responsible in any
way for the disclosure of information not clearly marked as "Proprietary / Confidential
Information" or if disclosure is required by the Act or any other applicable law or court order. In
the event there is a request for such information, it will be the responsibility of Consultant to
submit reasons objecting to disclosure. A determination on whether such reasons are sufficient
will not be decided by the City, but by the Office of the Attorney General of the State of Texas or
by a court of competent jurisdiction.
SECTION 6.
Section 16, Solicitation of Employees, shall be replaced in its entirety and set forth as below:
16. Solicitation of Employees. Except for Interim Managers, neither the City nor Consultant
shall, during the term of this Agreement and additionally for a period of one year after its
termination, solicit for employment or employ, whether as employee or independent contractor,
any person who is or has been employed by the other during the term of this Agreement, without
the prior written consent of the person's employer. Solicitation of employees does not apply to a
general solicitation of advertisement of employment by either party or for professional search
services that SGR may provide to any client.
Exhibit A-2 to Professional Services Agreement CSC 46710
Strategic Government Resources
Page 3 of 3
This Agreement is EXECUTED in multiple originals on this, the day of
2016.
AGREED: AGREED:
CITY OF FORT WORTH, TEXAS STRATEGIC GOVERNMENT RESOURCES, INC.
B
Susan Ala 's Cyndy Vfrowy
Assist ity Manager Managing Director
Date Signed: F0 7/;d/
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ATTEST: D�
8
By:
Mary J. Kay $ oo$�
City Secretary *00000000
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Date
APPROVED AS TO FORM
AND LEGALITY:
By:
Will ravino
Assistant City Attorney
M&C: �-- 2N�A
Date Approved: Uo
Exhibit A-2 to Professional Services Agreement CSC 46710
Strategic Government Resources
Page 4 of 4
PROFESSIONAL SERVICES AGREEMENT
CITY SECRETARY CONTRACT NO. 46710
SCOPE OF WORK
EXHIBIT A-2
In accordance with the Professional Services Agreement signed between Strategic Government
Resources, Inc. ("SGR" or "Contractor" or "Consultant") and the City of Fort Worth ("City")
on or about May 29, 2015, City Secretary Contract ("CSC")No. 46710, as renewed via CSC No.
46710-R1 and amended by CSC No.46710-A1 (collectively the "Professional Services
Agreement"), the City and Consultant each referred to individually as a "party" and collectively
referred to as the "parties," approved Exhibit A-1 on or about September 2, 2016 for training for
the City's Law department, and now each desire to approve Exhibit A-2 ("Scope of Work"),
authorizing executive recruitment for Interim Managers for the City's Water department. The
Scope of Work is attached hereto as EXHIBIT A-2, incorporated herein into the Professional
Services Agreement and hereby reads as follows:
1. The term of this Scope of Work shall be for the duration indicated below and shall
end when all Services as set forth in EXHIBIT A-2 attached hereto and incorporated
herein, have been completed under this Scope of Work, but not later than the end date
set forth below.
2. This Scope of Work incorporates by reference all of the terms and conditions of the
Professional Services Agreement, specifically the Services to be provided under
Section 1 of said Professional Services Agreement.
3. The Services to be performed under this Scope of Work shall be as set forth in
Attachment A and as follows:
Consultant will provide highly experienced local government professionals to serve in
Interim Management Positions as requested by City for the Water Department for a
five year multi-phased Advanced Metering Infrastructure program.
Consultant Personnel assigned to provide services under this Scope of Work:
Name: AMI Strategies and Solutions LLC
Start Date: October 3, 2016
End Date: June 1, 2020
Payment Terms:
See payment terms set forth in Attachment A
Total Not to Exceed: $275,000.00
Exhibit A-2 to Professional Services Agreement CSC 46710
Strategic Government Resources
Page 5 of 5
AGREED AND ACCEPTED:
CITY OF FORT WORTH: STRATEGIC GOVERNMENT
RESOURCES, INC.:
Susan Wis Cyn4 Brovdi
Assists City (Manager Managing Director
Date: ! Date: �Z
�r—
APPROVED AS TO FORM AND
LEGALITY:
Will Trevino
Assistant City Attorney
Of
°
ATT
ary J. se,pV8
0
City Secretary
Date
M&C:
Date Approved:
HB 1295 No.:
Exhibit A-2 to Professional Services Agreement CSC 46710
Strategic Government Resources
Page 6 of 6
EXHIBIT A-2
SCOPE OF WORK
This Exhibit A-2 is attached to City Secretary Contract No. 46710, and is incorporated herein.
This Scope of Work for providing highly experienced local government professionals for
temporary Interim Management positions for the Water Department further outlines the duties
and obligations of Consultant under this Agreement.
(The Scope of Work is attached and contains 4 pages)
Fort Worth Water Department is preparing to enter into an advance meter implementation
(AMI) project. The project will go through several phases beginning with business process
evaluation and ending with system-wide verification process. There are many duties
associated with the project that will require assistance beyond that of current City Staff.
Task One - Fie1d Operations OversiLrht
I am prepared to support Fort Worth, TX during deployment in the following manner:
• Coordination of Staff Resources to Complete Project Objectives as Necessary—
o Oversee City staff assigned to field activities associated with installation of
AMI field equipment.
o Coordinate AMI Pilot schedule with City and selected vendors.
o Monitor Testing and Evaluation of Performance Measures for the Pilot area
o Develop Pilot meter installation plan and extension of meter installation plan
throughout full deployment of the AMI program.
o Monitoring, assigning and quality control of GIS data gathering in
preparation of AMI project initiation. This task includes identification and
notification of lead service lines.
o Coordination and verification of meter box cleaning and lid alteration
activities by subcontractors.
• Planning and coordination with vendors and installation crews—
o Pre-planning activities associated with AMI project.
o Ordering, storing and inventory controls in accordance with contract
compliance requirements.
o Assist management with selection and recommendation of AMI System
Design.
o Serve as management liaison to the City's Standard Product Committee for
Amendment to Master Professional Services Agreement with Strategic Government Resources,Inc. Page 7 of 7
2016
water meters and water meter boxes and lids.
o Direct City's efforts in approving vendor's warehousing locations and
operations.
• Weekly Status Updates to Management—
o Provide Management with progress reports as required.
• Schedule Management -
o Work with Management, Integrator and Contractors to ensure efficient
scheduling.
o Develop written procedures and documentation of procedures for monitoring
and inspecting the contractor's work in the field to include Basestation and
water meter installation.
• Inventory Support—
o Work with AMI Team, Integrator and Contractors to ensure inventory
controls are in place and adhered to.
o Develop and implement the City's plan for verifying receipt, storage, and
security of all AMI System's components and equipment.
Task Two—Business Process and System Design Participation
I can provide assistance during Business Process Development and System Design
• Attending all pertinent sessions to assist in discovery and development of as-is and
to-be business processes.
• Use experience in various divisions and in previous integrations to help assist team
members in developing valuable processes.
• Assist System Integrator in understanding current business processes and in
developing system design to integrate AMI system.
• Assist in completion of system acceptance plan
• Assist Management in the development of the test and evaluation performance
measures for Phase I as a verification for the City to move to Phase III—Full
Deployment.
Amendment to Master Professional Services Agreement with Strategic Government Resources,Inc. Page 8 of 8
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Task Three—AMI Contract Services Manager
I am prepared to support the City of Fort Worth, TX during deployment in the following
manner:
• Coordinate strategic planning and development of purchasing procedures and
methods for just-in-time inventory controls to increase efficiencies by insuring
component availability.
o Support AMI Program Manager in developing methods to forecast component
purchases, equipment purchases, and services to insure demand accuracy.
o Serve as the main point of contract to System Integrator for contract services,
component purchases, and contract management.
o Monitoring and performing onsite compliance investigation of all purchases
based on equipment forecast.
o Organize a central repository to manage and monitor program contracts.
o Close the procurement process gaps, ensuring visibility of all contractual and
non-contractual spending.
o Create a standard workflow with set protocols and procedures for program
invoice reviews and recommendations for invoice payment.
o Provide assurance that AMI program fund expenditures are appropriately
justified.
• Monitoring and performing onsite contract compliance investigation of all purchases
based on equipment forecast.
o Pre-planning activities associated with AMI Cost Proposal Estimates.
o Assist Management in monitoring contract cost controls.
o Schedule purchasing, storing and inventory controls in accordance with
contract compliance requirements.
• Weekly Status Updates to Management—
o Provide Management with contract progress reports as required.
• Schedule Management -
o Work with Management, Integrator and Contractors to ensure efficient
scheduling
Amendment to Master Professional Services Agreement with Strategic Government Resources,Inc. Page 9 of 9
2016
• Inventory Support—
o Work with AMI Team,Integrator and Contractors to ensure inventory
controls are in place and adhered to.
o Monitor System Integrator effective controls over the procurement planning.
Task Four—Perform AMI Contract Compliance Audits
• Provide assistance in Business Process Development meetings and System Design
o Assist in the development and implementation of regular contract compliance
audits for the Program Manager.
o Certify that contracts put in place by the City and System Integrator are strictly
adhered to in accordance with contract terms and conditions.
o Establish procurement scheduled reviews and approvals with Program Manager.
o Develop and establish the City's internal procedures for program audit.
o Establish and monitor key procurement projects against cost proposal and
establish audit trails for all program expenditures.
o Provide Water Department and TWDB status updates on expenditures and submit
weekly contract status updates to the AMI Program Manager.
SGR
AM ATTACHMENT A TO EXHIBIT A-2
SCOPE OF WORK
Temporary Personnel for Interim Management Services
Contract#46710
Scope of Work. SGR will provide highly experienced local government professionals to
serve in Interim Management Positions as requested by City for the Water Department
for a five year multi-phased Advanced Metering Infrastructure program.
Recommended Candidates. SGR and City will work together to determine final
candidates for consideration for Interim Managers. Should City wish to consider
alternate candidates, SGR can provide other experienced local government
professionals for City to interview. In addition, if at any time during the assignments,
City wishes to have another candidate(s)provided to serve in the interim capacity, SGR
will produce additional experienced local government professionals to fill the
position(s),to the satisfaction of City.
Terms and Conditions/Costs. SGR will provide Interim Managers as requested by City,
Amendment to Master Professional Services Agreement with Strategic Government Resources,Inc. Page 10 of 10
2016
at an hourly rate per position, as set forth below (the "Hourly Rate"). The Interim
Managers will work a maximum of 40 hours per week unless otherwise approved by
City. Any hours worked in excess of 40 hours per week, will be billed at the Hourly rate.
Cost Summary. SGR will provide Interim Management Services to City as follows:
Hourly Rate $62.86 per/hour
Interim Management Services Not to exceed $275,000.00 annually
(including travel expenses)
Comprehensive Media Search Report $500 per candidate considered
Background Investigation $300 per candidate considered
Travel Expenses Not to exceed $7,620.00 annually
1. SGR will perform Comprehensive Media Searches on the candidates selected by
City and provide comprehensive media reports to City. These media reports are
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 for each candidate
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 comprehensive background investigations on the candidates
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 pre-interim employment drug screening
that City may require.
Amendment to Master Professional Services Agreement with Strategic Government Resources,Inc. Page 11 of 11
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4. City will reimburse SGR's representatives for reasonable travel and expenses in
an amount not to exceed $0.54 per mile on a monthly basis and no more than
$7,420 annually.
5. City will be billed monthly for the previous month's work and travel
reimbursement, if required, and payment will be due within 30 days of each
billing. SGR's representatives will not be compensated for holidays, vacation time,
sick leave, etc, or any other employment benefits that are provided to City
employees.
6. If City hires the candidate(s) placed as Interim Managers 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 recruitment for this position.
7. City or SGR may terminate the agreement for Interim Management Services with a
thirty (30) day written notice of termination, without cause or penalty. However,
City reserves the right to immediately deny access to City facilities or data
networks or remove any Interim Manager from City premises in the event of a
threat to safety or security.
Amendment to Master Professional Services Agreement with Strategic Government Resources,Inc. Page 12 of 12
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CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-105276
Strategic Government Resources, Inc.
Keller,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/29/2016
being filed.
City of Fort Worth,Texas Date Acknowl dged:
-3///
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
46710
Employee training,executive recruitment and selection,and other appropriate consulting services as requested by the City of Fort
Worth,Texas.
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party.
X
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
%�gYpr�4� CYNDY MICHELLE BROWN:,
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Notary Public,State of Tex-, .;,
Comm. Expires 10.06-2020
Notary ID 124816736 ygigrfatur67of authorized agent gent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the said lG ���is the�a day of
20/j� ,to certify which,witness my hand an seal of office.
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Print6d nam of officer administering oath Titl f o cer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT WORTH
COUNCIL ACTION: Approved on 9/27/2016
DATE: 9/27/2016 REFERENCE NO.: **C-27941 LOG NAME: 02SGR AMEND
NO.1 -46710
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Amendment No. 1 to City Secretary Contract No. 46710, a
Master Professional Services Agreement with Strategic Government Resources
Inc., in the Amount of$209,000.00 for Employee Training, Executive Recruitment
and Selection, and Consulting Services Increasing the Agreement for a Total
Amount Not to Exceed $575,000.00 Annually (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Amendment No. 1 to City
Secretary Contract No. 46710, a Master Professional Services Agreement with Strategic Government
Resources Inc., in the amount of$209,000.00 for employee training, executive recruitment and
selection, and consulting services increasing the Agreement for a total amount not to exceed
$575,000.00 annually.
DISCUSSION:
On May 5, 2015, City Council adopted Mayor and Council Communication (M&C C-27274)
authorizing a contract with Strategic Government Resources, Inc., in the amount of$366,000.00
annually to provide the City with services related to employee training, executive recruitment and
selection, and other appropriate consulting services as requested by the City. This Agreement allows
the City to contract for specific consulting services, as defined by a detailed scope of work, on an as-
needed basis. Each scope of work is negotiated independently and includes a breakdown of services
to be provided, length of the project, billing schedule and approximate cost for the services. This
amendment will allow for additional recruitment services for management positions.
Strategic Government Resources Inc., (SGR) provides a core set of courses for employee training,
targeted recruitment and selection, and services for various Department's throughout the City. SGR
has demonstrated that they have in place the strategy, personnel, experience and network to conduct
these services effectively. Due to the increased activity in these areas across the City, it has become
necessary to increase the services provided by SGR. Authorizing an amendment to this Master
Professional Services Agreement with SGR will eliminate duplicate efforts by departments and allow
similar services to be provided on a non-exclusive basis. The current contract amount of$366,000.00
annually is no longer sufficient to meet the needs described above. Staff is recommending an
increase of$209,000.00 to the agreement bringing the total annual contract amount to $575,000.00
to allow for additional employee training, recruitment and consulting services for the City.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as
appropriated, of the participating departments and that prior to an expenditure being made, the
http://apps.for-twoi-thtexas.gov/council_packet/mc_review.asp?ID... 9/28/2016
M&C Review Page 2 of 2
participating department has the responsibility to validate the availability of funds without exceeding
existing appropriations.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Lynda Johnson (6222)
Additional Information Contact: Kara Shuror (8819)
ATTACHMENTS
SGR HR 1295.pdf
http://apps.fol-twoi-thtexas.gov/council_packet/mc_review.asp?ID... 9/28/2016