HomeMy WebLinkAboutContract 62687City Secretary Contract No. 62687
SORTWORTHO
VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, and CPS HR
Consulting ("Vendor"), each individually referred to as a "party" and collectively referred to as the
"parties."
1. Scope of Services. Vendor will, with good faith and due diligence, assist the City in the
process of conducting a professional search to select two (2) new Assistant Directors for the City's Financial
Management Services Department ("Services"), as set forth in more detail in Exhibit "A," attached hereto
and incorporated herein for all purposes.
2. Term. This Agreement begins on January 9, 2025 ("Effective Date") and expires on
September 30, 2025 ("Expiration Date"), unless terminated earlier in accordance with this Agreement
("Initial Term").
3. Compensation. City will pay Vendor for a Full Recruitment (Phases I, II and III) for both
positions in accordance with the provisions of this Agreement, including Exhibit `B," which is attached
hereto and incorporated herein for all purposes. Total compensation under this Agreement will not exceed
Sixty Thousand Dollars ($60,000.00). Vendor will not perform any additional services or bill for expenses
incurred for City not specified by this Agreement unless City requests and approves in writing the additional
costs for such services. City will not be liable for any additional expenses of Vendor not specified by this
Agreement, including travel expenses, unless City first approves such expenses in writing.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written notice of termination.
4.2 Non -appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and this Agreement will terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
OFFICIAL RECORD
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FT. WORTH, TX
City Secretary Contract No.
Vendor will return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees,
agrees that it will treat all information provided to it by City ("City Information") as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised, in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Ri2ht to Audit. Vendor agrees that City will, until the expiration of three (3) years after
final payment under this Agreement, or the final conclusion of any audit commenced during the said three
years, have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Indeuendent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor will 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, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co -employer or a Joint employer of Vendor or any
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officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City. Vendor will 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, contractors, or contractors.
Liabilitv and Indemnification.
8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTSAND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS (INCLUDINGALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement, it being understood that this agreement to defend, settle or pay will not apply if
City modifies or misuses the software and/or documentation. So long as Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor will have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City will have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate
with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City will have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however, Vendor will fully participate and cooperate
with City in defense of such claim or action. City agrees to give Vendor timely written notice
of any such claim or action, with copies of all papers City may receive relating thereto.
Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not
eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or
documentation or any part thereof is held to infringe and the use thereof is enjoined or
restrained or, if as a result of a settlement or compromise, such use is materially adversely
restricted, Vendor will, at its own expense and as City's sole remedy, either: (a) procure for
City the right to continue to use the software and/or documentation; or (b) modify the
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software and/or documentation to make it non -infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible, and functionally equivalent non -infringing software and/or documentation at no
additional charge to City; or (d) if none of the foregoing alternatives is reasonably available
to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
Assignment and Subcontracting.
9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle" will be any vehicle, hired and non -owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are being performed
Employers' liability
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$100,000 -
Bodily Injury by accident; each accident/occurrence
$100,000 -
Bodily Injury by disease; each employee
$500,000 -
Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions):
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims -made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
10.2 General Reauirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees, officers, officials, agents, and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium. Notice must be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws. Ordinances. Rules and ReLyulations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances, rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
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Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt requested,
addressed as follows:
To CITY:
City of Fort Worth
Attn: David Cooke, City Manager
100 Fort Worth Trail
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
To VENDOR:
CPS HR Consulting
Attn: Sandy MacDonald -Hopp
Chief Financial Officer
2450 Del Paso Road, Ste. 220
Sacramento, CA 95834
With copy to Fort Worth City Attorney's Office at Facsimile: (916) 471-3325
same address
14. Solicitation of Emvlovees. Neither City nor Vendor will, 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.
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law / Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
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18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board, department, commission, or agency
of the United States or of any States; civil disturbances; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope
of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits A and B.
22. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
24. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's
option, Vendor will either (a) use commercially reasonable efforts to re -perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
25. Immigration Nationalitv Act. Vendor must verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures
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and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
26. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation that are created, published, displayed, or produced in
conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City
will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work -made -
for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in
and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim, lien for balance due, or rights of retention thereto on the part of City.
27. Signature Authoritv. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Companv Name or Ownership. Vendor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
29. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the Agreement.
30. Prohibition on Bovcotting Energv Companies. Vendor acknowledges that in
accordance with Chapter 2276 of the Texas Government Code, City is prohibited from entering into a
contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from
public funds of the City with a company with 10 or more full-time employees unless the contract contains
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a written verification from the company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. To the extent that Chapter 2276 of the
Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that
Vendor's signature provides written verification to City that Vendor: (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of this Agreement.
31. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, City is
prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is
to be paid wholly or partly from public funds of the City with a company with 10 or more full-time
employees unless the contract contains a written verification from the company that it: (1) does not have a
practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm
trade association. To the extent that Chapter 2274 of the Government Code is applicable to this
Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written
verification to City that Vendor: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
against a firearm entity or firearm trade association during the term of this Agreement.
32. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions
(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
33. Entirety of Agreement. This Agreement contains the entire understanding and agreement
between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
(signature page follows)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
By:
Name:
Resina(Jan 24, 2025 18:55 CST)
Reginald Zeno
this contract, including ensuring all performance and
reporting requirements.
Title:
Chief Financial Services Officer
Date:
Jan 24, 2025
Ylc ��ra6er7a
By: Victor Escobedo (Jan 24, 202510:30 CST)
Name: Victor Escobedo
APPROVAL RECOMMENDED:
Title: Human Resources Manager
APPROVED AS TO FORM AND LEGALITY:
hn- Ghohy RoUSsoaa
By:
Anthony Rousseau (Jan 24, 202512:22 CST)
Name:
Anthony Rousseau
Title:
Deputy Finance Director
B uJ�
Y:
Name: Jessika Williams
ATTEST: 0, °E0oRt�0
Title: Assistant City Attorney
vFa o9 d
Ovo o=d
°d*�o o��
CONTRACT AUTHORIZATION:
nEX 454ap�
M&C: N/A Professional Service Exemption
By:
Name:
Jannette Goodall
Title:
City Secretary
VENDOR:
CPS HR CONSULTING
By. %h.QQloc.w ,
Name: Melissa Asher
Title: Chief of Client Services
Jan 24, 2025
Date: , 20
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT A
SCOPE OF SERVICES
Rroposat to City of Fort Worth
Executive RecruitmerrtforAssistant Finance Director Positions
Methodology and Scope of Work
Our proposed executive search process is designed to provide the City with the full range of
services required to ensure the ultimate selection of the new Assistant Finance Directors is
uniquely suited to the City's needs. CPS HR can perform Outreach Only or Partial Recruitment
services if a Full Recruitment is not currently needed by the City.
OSDevelop - -
CFandidate Aggressive,
Profile and Prfla Robe,
election
Recruitment and Robust
Strategy Recruitment
Phase I; Our consultant will meet with the Finance Director to ascertain the City's needs and ideal
candidate attributes, to target our search efforts, and maximize cand idate fit with the City.
Phase II: The recruitment process is tailored to fit the City's specific wants and needs, with
targeted advertising, combined with contacts with qualified individuals from our extensive
database.
Phase III; The selection process is customized for the City. CPS FIR will work with the Finance
Director to determine the process best suited for the City of Fort Worth,
Below is a breakdown of the services included in each recruitment option.
' Hold Key Stake hoIder Meetings X X H
3 Develop Candidate Profiiie X X X
4 develop Recruitment Brochure X X M
1
2
3
4
5
6
Place Ads
Identify and Contact Potential Candidates
Review Application Materials
Conduct Screening Interviews
SubmitCllent Report
Client Meeting to Select Semifinalists
X X X
X X M
X H
X X
X M
X H
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Proposai to City of Fart Worth
Executive RerrurtmentforAssistant Finance Director Posrtions
7 1 Notify Candidates X X
Phase III — Selection
i Prepa re Assessment X
2 Schedule Candidates; Coordinate Travel X
3 Prepare Evaluation manuals X
4 Facilitate Fi nalist Se I ectic n Pro cess X
5 Conduct Reference and Background X
Checks
6 Assist in Negotiation (if requested) X
Phase I - Develop Candidate Profile and Recruitment Strategy
Task 1 - Review and Finalize Executive Search Process and Schedule
Task 2 - Key Stakeholder Meetings
Task 3 - Candidate Profile and R ec ru itm e nt Stra teg y Development
Task 4 - Develop Recruitment Brochure
The first step in this engagement is a thorough review of the City's needs, culture and goals; the
executive search process; and the schedule. CPS HR is prepared to meet with key stakeholders
to obtain input in developing the ideal candidate profile and to assist us in understanding key
issues and challenges that will facethe Assistant Finance (Directors. Activities will include:
■ Identifying key priorities for the Assistant Finance Directors and the conditions and
challenges'likelyto be encountered in achievingthese priorities.
■ Describing the type of worki ng relationship the Finance Director wishes to establish with
the Assistant Finance Directors.
■ Generating lists of specific competencies, experiences, and personal attributes needed by
the new Assistant Finance Directors in light of the discussions above.
■ Discussing recruitment and selection strategies for the Finance Director's consideration
to best produce the intended results.
CPS HR will provide a summary to the City stemming from these activities as an additional source
of information for developing the candidate profile and selection criteria.
Following the completion of the workshop session, CPS HR will work with a professional graphic
artist to design a recruitment brochure and present it to the City for review. Please refer to
Appendix A for a sample brochure. Additional brochure examples are available on our website
at httos;flwww.cDshr.us/executive-leveJ-recruitment-21.
Page 12 of 17
City Secretary Contract No.
proposal to City of Fart Worth
Executive Rerru&nentforAssistant Finance DirectoF Fasitibns
Fhaso II - Aggressive, Proactive, and Robust Recruitment
Task 1 - Place Advertisements
Task 2 - Identify and Contact Potential Candidates
Task 3 - Resume Review and Screening Interviews
Task.4 — Finance Director Selects Finalists
The recruitment process is tailored to fit the City's specific wants anti needs, with targeted
advertising, combined with personal contacts with qual"rfied individuals from our extensive
database.
CPS HR will prepare, submit for your approval, and publish advertisements on professional and
affiliate websites to attract candidates on a nationwide, regional, local or targeted basis based
on the recruitment strategy. Examples may include:
+ CiWs website
+ CPS H R website
• Careers in Government
+ Linkedln
• Government Finance officers
Association
• Texas City Management
Association
• National Association of Black
Acrountants
• Association of Latino
Professionals for America
• Governmentjobs_com
* ICMA
+ Women Leading Government
+ Local Government Hispanic Network
+ National League of Cities
• Texas Municipal League
• American Society of Public Administrators
• NationaIAssociation of State Budget Officers
• Texas Municipal Clerks Association
• Texas Bankers Association
• Dallas Association of Financial Professionals
• Women in Public Finance
As a consulting firm thatinteracts with hundredsof public sector executives du ring engagements,
we have a cadre of individuals who we inform of recruitments, both to increase the visibility of
the opening and to attract appropriate individuals who fit the special needs of our client.
Communication with these professionals ensures that an accurate picture of the requirements
of the fob is apparent a nd prol ife rated throughout their professional networks.
CPS 14R is focused orp reaching a diverse candidate poor and would recommend
publications/websites that are targeted to minority and female candidates. I n addition to placing
ads on websites aimed at minority candidates, we will contact leaders within appropriate
associations to gain their insight and referrals of possible candidates.
Within the post three years, more than 57916 of our executive level piacernents have been
minority arrdfor fern a le candidates.
Page 13 of 17
City Secretary Contract No.
Proposal to City eFart Worth
Executive Recruitmentfor Assistant Finance Director Positrons
CPS HR will prepare an email distribution list containing prospective candidates and
referral sources. These individuals will receive a link to the Assistant Finance Director
brochure along with a personal invitation to contact CPS HR should they have any questions
about the positiion,
CPS HR maintains a comprehensive, up-to-date database of industry leaders and experienced
professionals; however, we do not rely solely upon our current database. We also
conduct research to target individuals relevant to your specific needs and expectations to
ensure that we are thorough in our efforts to market this position to the appropriate audience
and to garner a diverse and quality pool of candidates.
We will:
■ Convey a strong sense of the purpose and strategy of the City. For many talented
individuals, understanding these aspects is one of the key motivators to compete in such
an environment.
■ Provide guidance and resources to candidates regarding the area's cast of living, mean
and median housing prices, higher education opportunities, K-12 education information,
and other aspects of Interest to those who are considering relocating to the area.
■ Actively seek highly qualified candidates who may be attracted by the prospect of
collaboration with other departments, providing exceptional leadership to the City or
continuing to ensure the public confidence in the integrity of the City.
CPS HR will directly receive and initially screen all resumes. This screening process is specifically
designed to assess the personal and professional attributes the City is seeking and will include a
thorough review of each candidate's resume, and if applicable, supplemental questionnaire
responses and other supporting materials.
CPS HR will personally speak to selected candidates during a p re I i mi na ry sc re en i ng interviewand
will spend extensive time ascertaining each candidate's Iong-term career goals and reasons why
the candidate is seeking this opportunity, as well as gaining a solid understanding of the
candidate's technical competence and management philosophy. We will gather data on any
other unique aspects specific to this recruitment based upon the candidate profile, as well as
conduct internet research an each candidate interviewed.
CPS HR will prepare a written report that summarizes the results of the recruitment process and
recommends candidates forfurther consideration by the Finance Director. Typically, the report
will recommend five to eight highly qualified candidates and will include resumes and a profile
on each interviewee's background, CPS HR will meet with the Finance Director to review this
report and to assist them in selecting a group of finalists for further evaluation.
Page 14 of 17
City Secretary Contract No.
Proposai to City of Fort Worth
Executive ReeruitmentforAssistant Finance Director ✓ ositions
Phase III - Selection
Task 1 - Design Selection Process
Task 2 - Ad minister Selection Process
Task 3 - Final Prep❑ration for appointment
Task.4 - Contract Negotiation (if requested)
CPS HR will design a draft selection process based on information gathered in Phase I. We will
meet with the City to review this process and discuss the City's preferred approach in assessing
the final candidates. The selection process will typically include an in-depth interview with each
candidate but may also include other selection assessments such as an oral presentation,
preparation of written materials, and/or problem -solving exercises.
We will coordinate all aspects of the selection process for the City. This includes preparing
appropriate materials such as interview questions, evaluation manuals, and other assessment
exercises; facilitating the interviews; assisting the City with deliberation of the results; and
contacting both successful and unsuccessful candidates.
Following the completion of the selection process, CPS HR will be available to complete the
following components:
■ Arrange Follow-up krterviewslFr'nalAssessrrrent Process: Should the City wish to arrange
follow-up interviews and/or conduct a final assessment in order to make a selection, CPS
HR will coordinate this effort.
■ Conduct In -Depth Reference Checks. -The in-depth reference checks are a comprehensive
360-degree evaluation process whereby we speak with current and previoussupervisors,
peers, and direct reports. (It is our policy to not contact current supervisors until a fob
offer is made, contingent upon that reference being successfully completed, so as not to
jeopardize the candidates' current employment situation.) Candidates are requested to
provide a minimum of five references. CPS HR is able to ascertain significant, detailed
information from reference sources due to our commitment to each individual of
confidentiality, which leads to a willingness to have an open and candid discussion and
results in the best appointment for the City. A written (anonymous) summary of the
reference checks is provided to the City.
■ Conduct Background Checks: Upon a conditional job offer, we will arrange for a
background check of a candidate's records on driving, criminal and civil court, credit
history, education, published news, and other sensitive items.
Should any negative or questionable content appear during these checks, CPS HR will have
a thorough discussion with the finalist(s) and will present a full picture of the situation to
the City for further review.
Page 15 of 17
City Secretary Contract No.
Froposaf to C4 of Fort Worth
Executive Recruitment for Assistant Finance Director Fosrtibns
Recruitment Timeline
The project team CPS HR has selected is prepared to begin work upon receipt of a fully executed
contractual agreement. All search activities up to and including the selection of the new Assistant
Finance Directors can be completed in 12 to 14 weeks for a Full Recruitment, A Partial
Recruitment can be completed in approximately 10 to 12 weeks, and an outreach only in about
4 to 5 weeks. The precise sche-dule will depend on the placement of advertising on appropriate
professional and affiliate websites, and the ability to schedule, as quickly as possible, the initial
meeting. A proposed schedule of major milestones is presented below.
Page 16 of 17
City Secretary Contract No.
EXHIBIT B
PAYMENT SCHEDULE
Proposai to City of Fart Worth
Executive RerruitmentfarAssrstant Finance [}erector Positons
Professional Fees and Guarantee
Professional Services
our professional fixed fee covers all CPS HR services and deliverables associated with a Full
recruitment (Phases 1, fl, andlfl) process. We have also provided below the fees associated with
a Partial recruitment (Phases f and 11) and Outreach-anly services.
Travel expenses for candidates who are invited forward in the interview process are not included.
Professional Services for Outreach Only (per search) $10,000
Professional Services for Partial Recruitment (per search) $20,000
Professional Services for Full Recruitment (persevrebj $25,000
*Professionaf fees for a partial and FuN recruitment would be billed and paid monthly_ Professlanaf fees
for an OutreachfA dverfising project wiff be biNed and paid in fail after the completion of the project_
Discount for Multiple Searches
CPS HR is pleased to extend to the Citya multiple search discount on the City's upcoming Assistant
Finance Director recruitments. If CPS HR is selected to conduct Full Recruitments for both
positions, a discount of $2,000 will be applied to the second full -service search.
One -fear Service Guarantee
If the employment of the candidate selected and appointed by the City as a result of a fall
executive recruitment (Phases 1, 11, and 111) comes to an end before the completion of the firs#
year of service, CPS HR will provide the City with professional services to appoint a replacement.
Professional consulting services will be provided at no cost. The City would be responsible only
for expenses such as re -advertising, consultant travel, additional background checks, etc. This
guarantee does not apply to situations in which the successful candidate is promoted or
reassigned within the organization during the one-year per icd. Additionally, should the initial
recruitment efforts not result in a successful appointment, CPS HR will extend the aggressive
recruiting efforts and screen qualified candidates until an offer is made and accepted. CPS HR
does not provide a guarantee for candidates placed as a result of a partial or an outreach -only
recruitment effort.
Vendor Services Agreement Page 17 of 17