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HomeMy WebLinkAbout2007-011S:\Our Documents\Ordinances\WMaters Consulting Group.doc ORDINANCE NO. 2 0 0 7— 1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH THE WATERS CONSULTING GROUP, INC. RELATING TO EMPLOYEE RECRUITMENT SERVICES; AUTHORIZING THE EXPENDITURE THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to execute an agreement with The Waters Consulting Group, Inc. for professional services relating to employee recruitment services, in substantially the form of the Agreement For Services attached hereto and incorporated herein by reference. SECTION 2. The expenditure of funds is hereby authorized as provided in the Agreement For Services attached hereto and the City Manager, or his designee, is authorized to exercise all rights and duties of the City of Denton under the Agreement. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. �j PASSED AND APPROVED this the 16p fj day of !i 12007. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY. BY: APPR VED AS O LEGAL FORM: EDWIN M. SNYDE CITY ATTORNEY BY: JANUARY 5 • 2007 WCG AND THE CITY OF DENTON, TEXAS AGREEMENT FOR SERVICES Agreement made this 5th day of January 2007 between the City of Denton, Texas, hereafter referred to as "the Client", and The Waters Consulting Group, Inc., hereafter referred to as "WCG". RECITALS The Client has its principal place of business at 215 E McKinney Street, Denton, Texas 76201. WCG has its principal place of business at 5050 Quorum Drive, Suite 625, Dallas, Texas 75254. WCG provides services to clients across the nation in the field of wage and salary system development, performance management, executive search and other related human resource areas; therefore, the Client hereby engages in the services of WCG, and in consideration of the promises herein contained, both parties agree to the following: TERM 1. This Agreement shall be for the period necessary for successful completion of the project, commencing on January 5, 2007 and may not be terminated by the Client unless WCG's services arc no longer desired. If the Client terminates, WCG is entitled to any portion of its fee so earned. If any of these provisions apply, the terminating party must provide 30 days written notice to the other party. SCOPE OF PROFESSIONAL SERVICES 2. WCG will provide professional services in the area of executive recruitment for the following multiple executive level positions: Police Chief, Chief Financial ��O�fFp���er_ Director of Planning, Director of Parks and Recreation, df �, and llirect6r o� f = . e riTor a clue -month ` A+' * #Unlit _es period beg nnutg January 5, 2007. P1' PROFESSIONAL FEES AND EXPENSES 3. Professional fees for services for each executive recruitment conducted during the aforementioned twelve-month period are $19,500.00 for general project elements with an additional hourly rate for other optional elements. Project related expenses are not -to -exceed $9,500.00 for each recruitment position. Project related expenses will be additional and charged as incurred and include, but are not limited to consultant travel, printing, profile mailing labor/services, shipping, long distance telephone fees, advertising, background check services, PAGE • 1 JANUARY 5 • 2007 WCG AND THE CITY OF DENTON, TE-XAS and video conferencing fees. WCG will not be responsible for fees related to candidate travel. The Client will make payments for the project upon receipt of an invoice submitted by WCG. Payment to WCG is expected within 30 calendar days. All invoices will be forwarded to Mr. George C. Campbell, City Manager, for processing unless otherwise directed. For reporting purposes, WCG's tax identification number is 75-2272138. The professional fee for each recruitment will be billed in four installments; 30% of the fee will be billed at the initiation of the search; 30% at the initiation of Phase II; 30% at the initiation of Phase III; and the final 10% upon acceptance of offer by the candidate. PHASE DESCRIPTION OF PROFESSIONAL SERVICES Phase I Task 1 — Profile Development & Posting Task 2 — Identify Quality Candidates Phase H Task 3 — Preliminary Screening & Initial Report Task 4—Background Interviews & References Phase III Task 5 — Finalize Search / Recommend Finalists Conclusi on Acceptance of offer by candidate Total Professional Fees Per Recruitment $19,500.00 OPTIONAL SERVICES FOR CONSIDERATION PROFESSIONAL FEES Additional work related to the search process and as specifically Quoted upon requested by the client which is outside of the scope of this project (i.e. request additional onsite meetings) ADDITIONAL PLACEMENTS 4. If candidates from this search process are selected for another position by the Client, within one year of the close of the search, a fee of 50% of the above mentioned fee amount will be due to WCG. PAGE • 2 JANUARY 5. 2007 WCG AND THE CITY OF DENTON, TE3LAS DEVOTION OF TIME 5. WCG shall devote such time to the performance of its duties tinder this Agreement as is necessary for the completion of all project phases. ENTIRE AGREEMENT 6. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement that is not contained herein shall be valid or binding. AMENDMENT 7. This Agreement may be amended by the mutual agreement of the parties hereto in writing and must be attached to and incorporated into this Agreement. LEGAL CONSTRUCTION 8. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceabilitp shall not affect any other provisions thereof and this Agreement shall be constructed as if such invalid, illegal, or unenforceable provision had never been contained herein. Executed on the day and the year first written in this Agreement. CITY OF DENTO FAS Name: George C. Campbell Tide: City Manager APPROVED AS TO LEGAL FORM: EDWIN M. SNYDF1R, CITY ATTORNEY BY: THE WAT' CONSULTING GROUP, INC. By: 'z4` f' ✓' `'� Name: ROLLIE O. WC ATERS, MC Title: PRESIDENT PAGE • 3 AUGUST 8 • 2007 WCG AND THE CITY OF DENTON, TEXAS AGREEMENT FOR SERVICES Agreement made this 30ts day of July 2007 between the City of Denton, Texas, hereafter referred to as "the Client", and The Waters Consulting' Group, Inc., hereafter referred to as "WCG". RECITALS 11ie Client has its principal place of business at 215 E McKinney Street, Denton, Texas 76201. WCG has its principal place of business at 5050 Quorum Drive, Suite 625, Dallas, Texas 75254. WCG provides services to clients across the nation in the field of wage and salary system development, performance management, executive search and other related human resource areas; therefore, the Client hereby engages in the services of WCG, and in consideration of the promises herein contained, both parties agree to the following: TERM 1. This Agreement shall be for the period necessary, for successful completion of the project, commencing on August 15, 2007 and may not be terminated by the Client unless WCG's services are no longer desired. If the Client terminates, WCG is entitled to any portion of its fee so earned. If any of these provisions apply, the terminating party must provide 30 days written notice to the other parry. SCOPE OF PROFESSIONAL SERVICES 2. %X7CG will provide professional services in the area of an executive search for the position of Director of Electric Utilities. PROFESSIONAL FEES AND EXPENSES 3. Professional fees for services are $19,500.00 for general project elements with an additional hourly rate for other optional elements. Project related expenses are additional and charged as incurred and include, but are not limited to consultant travel, printing, profile mailing labor services, shipping, long distance telephone fees, background check services, and video conferencing fees. WCG will not be responsible for fees related to candidate travel. The Client will make payments for the project upon receipt of an invoice submitted by WCG. Payment to WCG is expected within 30 calendar days. All invoices will be forwarded to Mr. George C. Campbell, City Manger, for processing unless otherwise directed. For reporting purposes, PAGE e 1 AUGUST8 • 2007 WCG AND THE C1'I ' OP DEN'I'ON,'I'EX-NS WCG's tax identification number is 75-2272138. The professional fee will be billed in four installments; 30% of the fee will be billed at the initiation of the contract; 30% at the initiation of Phase I; 30% at the initiation of Phase II; and the final 100/, upon acceptance of offer by the candidate. PHASE DESCRIPTION OF PROFESSIONAL SERVICES Phase I Task I — Profile Development & Posting Phase II Task 2 — Identify Quality Candidates Task 3 — Preliminary Screening & Initial Report Task 4 — Background Interviews & References Phase III Task 5 — Finalize Search / Recommend Finalists Conclusion Acceptance of offer by candidate Total Professional Fees $19,500.00 OPTIONAL SERVICES FOR CONSIDERATION PROFESSIONAL FEES Additional work related to the search process and as specifically Quoted upon requested by the client which is outside of the scope of this project (i.e. request additional onsite meetings) ADDITIONAL PLACEMENTS 4. If candidates (other than internal candidates) from this search process are selected for another position by the Client, within one year of the close of the search, a fee of 50% of the above mentioned fee amount will be due to WCG for each candidate. DEVOTION OF TIME 5. WCG shall devote such time to the performance of its duties under this Agreement as is necessary for the completion of all project phases. P.-AGE • 2 AUGUST 8 • 2007 WCG AND TI-IE CITY OF DENTON, TEXAS ENTIRE AGREEMENT 6. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement that is not contained herein shall be valid or binding. AMENDMENT 7. This Agreement may be amended by the mutual agreement of the parties hereto in writing and must be attached to and incorporated into this Agreement. LEGAL CONSTRUCTION 8. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof and this Agreement shall be constructed as if such invalid, illegal, or unenforceable provision had never been contained herein. Executed on the day and the year first written in this Agreement. THE CITY O DENTON, T� / Name: GFOey�C. CA'Or ell Title: C%,t M,'WA7e2 TI IE \YEA' ' � ONSUL'17NG GKO ', INC. y: x c .� c: OLLIE O. WATGRS, CMC Title: PRESIDENT PAGE •3