HomeMy WebLinkAboutResolution - 2007-R0004 - Agreement - The Waters Consulting Group Inc.- Fire Chief Selection Services - 01_12_2007Resolution No. 2007—R0004
January 12, 2007
Item No. 5.12
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute an Agreement by and between the City of
Lubbock and The Waters Consulting Group, Inc., of Dallas, Texas, for professional
services with regard to selection of applicants for the position of fire chief of the City of
Lubbock, which Agreement and any associated documents, are attached hereto and made
a part of this Resolution for all intents and purposes.
Passed by the City Council this 12th day of January , 2007.
DAVID A. MILLER, MAYOR
ATTEST:
Re ecca Garza, City Secretary
APPROVED AS TO CONTENT:
L -in Dumbauld, City Manager
APPROVED AS TO FORM:
Don Vandiver, Attomey of Counsel
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Ianuary 12, 2007
Resolution No. 2007—R0004
SERVICES AGREEMENT
This agreement made by and between the City of Lubbock, Lubbock, Texas 79457,
hereinafter called "City" and The Waters Consulting Group, Inc., hereafter referred to as
"WCG"
ARTICLE I
SERVICES TO BE PERFORMED
WCG agrees to assist the City with the selection of an applicant for the position of Fire
Chief by;
PHASE
DESCRIPTION OF PROFESSIONAL SERVICES
Phase I
Task l — Profile Development & Posting (includes 1 day on site)
Task 2 — Identify Quality Candidates
Phase II
Task 3 — Preliminary Screening & Initial Report
Task 4 — Background Interviews & References
Phase III
Task 5 — Finalize Search 1 Recommend Finalists
Conclusion
Acce tance of offer by candidate
ARTICLE II
COMPENSATION
In consideration for the above described services, City will pay WCG nineteen thousand
and five hundred dollars ($19,500.00) for professional services. The City will also
reimburse WCG for all project -related expenses, excluding candidate travel, not to
exceed ten thousand dollars ($10,000.00). Payment for services and expenses will be
remitted following the invoice detailing the description of services provided. Payments
will be made in a timely manner according to State guidelines and with 31 days. The
professional fee will be billed in four installments; 30% of the fee will be billed at the
beginning of the search; 30% at the implementation of Phase II, 30% at the
implementation of Phase I1I; and the final 10% upon acceptance of offer by the
candidate.
ARTICLE III
DURATION AND TERMINATION OF AGREEMENT
This agreement becomes effective upon signing and remains in effect through May 2007.
Either party may terminate this contract at any time, with or without cause, by giving the
other party (30) days written notice to terminate.
ARTICLE IV
INDEPENDENT CONTRACTOR STATUS
It is further expressly agreed and understood by the parties that any and all personnel of
WCG who provide services under the terms and provisions of this agreement shall be the
employee, agents, and/or servants of WCG subject only to the supervision and control of
regulations of the City of Lubbock and only insofar as the laws and Constitution of the
State of Texas permits. Nothing in this agreement is intended, nor shall be construed to
create, between the City and WCG an employer/employee relationship. The sole interest
is that services covered by this agreement shall be performed and rendered in a
competent, efficient, and satisfactory manner. City may request, in writing, the
withdrawal of any personnel for cause, and upon such request, the personnel shall no
longer participate in any activities of the City of Lubbock.
ARTICLE V
SEVERABILITY
If any term or provision of this agreement is held to be invalid for any reason, the
invalidity of that section will not affect the validity of any other section of this agreement
provided that any invalid provisions are not material to the overall purpose and operation
of this agreement. The remaining provisions of this agreement shall remain in full force
and effect and shall in no way be affected, impaired or invalidated.
ARTICLE VI
ASSIGNMENT
Neither party shall have the right to assign or transfer their rights to any third parties
under this agreement without prior written consent of the non -transferring party.
ARTICLE VII
VENUE AND GOVERNING LAW
Lubbock county Texas is the location for performance of this contract. This agreement is
governed by Texas law. Lubbock County shall be the venue for any legal actions arising
from this agreement. This contract is the complete agreement of the parties.
ARTICLE VIII
AMENDMENT
This agreement may be amended in writing to include such provision(s) as the Parties
may agree upon.
The undersigned parties bind themselves to the faithful performance of this agreement.
The Waters Consulting Group, Inc. City of Lubbock
I r --- By:
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Corp to Secretary
Approved as to Content:
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Approved as to Form:
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Attorney
DAVID A.MILLER, MAYOR
ATTEST: E),
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Reber Garza, City 5ecretar