Loading...
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' PAGE•3