2007-011
S:\Our Documents\Ordinances\07\Waters Consulting Group.doc
ORDINANCE NO. 2001- 0/1
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 I. 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.
PASSED AND APPROVED this the I (p tit. day of l.7altlltlf\j , 2007.
~02/11r/JJ
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY.
BY:
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 \Vatcrs Consulting Group, Inc., hereafter referred to as "\\!CG".
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.
\",\lCG 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 \X'CG, 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 \XlCG's services
arc no longer desired. If the Client terminates, \X'CG 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. \,lCG will provide professional services in the area of executive recruitment for the following
multiple executive level positions: Polise Chief, Chief Financial Ofhrpr. T?ir~c:tor of Planning,
Director of Parks and Recreation, Iflt~\~~&it8r, and DirectMtf?ec~~or a twelve-month
...-n. ., /114/ Utili='es
period beginning January 5, 2007. r ~ . 1"
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 clements. Project related expenses are not-to-exceed
$9,500.00 for each recnlitment 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-!
. ~ ','
JANUARY 5 . 2007
\\ICG AND THE CITY OF DENTON, TEXAS
and video conferencing fees. \X1CG 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 \X1CG.
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; 300/0 at the initiation of Phase II; 300/0 at the initiation of Phase III; and the final 10(: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 II Task 3 - Preliminary Screening & Initial Report
Task 4 - Background Interviews & References
Phase III Task 5 - Finalize Search / Recommend Finalists
Conclusi Acceptance of offer by candidate
on
Total Prokssional Fees Per Recruitment $19,500.00
OPTIONAL SERVICES FOR CONSIDERATION
PROFESSIONAL
FEES
Additional work related to the search process and as specifically
requested by the client which is outside of the scope of this project (i.e.
additional onsite meetings)
Quoted upon
request
4.
~{{/ ADDITIONAL PLACEMENTS
Excep~1tor current ""Il1oyees ot Client,
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 500/0 of the above mentioned fee amount will be due to
weG.
P,AGE.2
.'. .
JANUARY S. 2007
WCG "\ND THE CITY OF DENTON, TEXAS
DEVOTION OF TIME
5. \XleG shall devote such time to the performance of its duties under this Agreement as 1S
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 anyone 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.
cnY6;'~
By: x ,___ G...
Name: George C. Campbell
Title: City Manager
APPROVED AS TO LEGAL FORM:
EDWIN M. SNY R, CITY ATTORNEY
TH~ CONSULTING GROUP, INC.
///, I
By:. p.c'/~ 0. /]- ~ -
Name: ROLLIE O. WATERS, CMC
Title: PRESIDENT
BY:
PAGE. 3
;IUGUST 8 • 2007
\\WCG :1ND TFIE CITY OF DF..NTON, TE.l'~1S
AGREEMENT FOR SERVICES
Agreement made tlvs 30~s day of July 2007 between the City of Denton, Testis, hereafter referred to
as "the Client", and The Waters Consulting'Group, Inc., hereafter referred to as "\V'CG".
RECITALS
11te Client has its principal place of business at 215 F Mch'inney Street, Denton, Testis 76201.
WCG has its principal place of business at 5050 Quorum Drive, Suite 625, Dallas, "Texas 75254.
\Y~CG provides services to chents across the nation in the field of wage and salary system
development, performance management, executive search and other related human resource azeas;
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. "Phis Agreement shall be Eor 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 axe no longer desired. If the Client temvnates, 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 dte other parry.
SCOPE OF PROFESSIONAL SERVICES
2. A~~CG will provide professional services in the area of a^ executive starch for the position of
Director of Electric Utilities.
PROFESSIONAL FEES AND EXPENSES
3. Professional fees Eor services are X19,500.00 for general project elements with an additional
hourly rate for other optional elements. Project related expenses axe additional and charged as
incurred and include, but are not limited to consultant navel, printing, profile mailing
labor services, shipping, long distance telephone Eces, background check services, and video
cottfexencing fees. WCG will not be responsible for fees related to candidate navel. The Client
will make payments Eor 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 Mx. George C.
Campbell, City Manger, Eor processing unless otherwise directed. For reporting purposes,
PAGL'•1
AUGUST' 8 • 2007
WCG _1ND TH F.. CITY OP llEN1'ON,'I'E.~1S
WCG's tas identification cumber is 75-2272138. The professional fcc will be billed in four
installments; 30% of the fee will be billed at the initiation of the coutract 30% at the initafion
of Phase I; 30% at the initiation of Phase II; and the final 10°/~ upon acccpGancc of offer by the
candidate.
PHASE DF..SCRIPTION OF PROFI SSIONt\L SERVICES
Phase I Task 1 -Profile Development & Posting
Phase II Task 2 - Identif}' Qualite Candidates
Task 3 -Preliminary Sccecning & Initial Report
Task 4 -Background Interviews c~c References
phase IIl Task 5 -Finalize Search /Recommend Finalists
Conclusion t\cceptance of offer b~~ candidate
Total Professional Fees $]9,500.00
OP'ITONAL SERVICES FOR CONSIDERATION PROFESSIONAT..
FEES
t\ddidonal work related to the search process and as specifically Quoted upon
requested by the then[ which is outside of the scope of this project (i. e. request
additional onsite meetings)
ADDITIONAL PLACEMENTS
d. [f 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 ~0% of the above
mentioned fee amount will be due to WCG fox each candidate.
DEVOTION OF TIME
5. \~~CG 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
AUGUS"1' 8 • ?007
WCG AND TI-[E CIT1" OF DF_NTON, TEti15
ENTIRE AGREEMENT
6. "Chic Agreement supersedes any and all o[hex agreements, either oral or in writing, between the
parries hereto with respect to the subject matter hereof, and no other agreement, statement, or
promise rclatiug to the subject matter of this Agreement that is not contained herein shall be
valid ox binding.
AMENDMENT
7. This Agxeemem 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 ox more of the provisions contained in this Agreement shall fox any reason be
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceabiliq~ shall not affect any other provisions thereof and [his Agreement shall be
consrmcted 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~ /
Bv: s ~"`~
Name: GFOey~C. C,o.,y, ~[J
Title: e,t r{I/W.t'e2
TI Ilr \Y~A' ' ~ ONSUL'17NG GKO ', INC.
y:. ~ ,/
c: OLLIB O. WATERS, CMC
Tide: PRESIDFN'1'
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