HomeMy WebLinkAbout063961 - General - Contract - CPS HR ConsultingCity Secretary Contract No.
VENDOR SERVICES AGREEMENT
63961
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 ("Consultant"), each individually referred to as a"Party" and collectively referred to as the
"Parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. The Professional Services Agreement;
2. Exhibit A— Scope of Services; and
3. Exhibit B— Price Schedule
Exhibits A and B, which are attached hereto and incorporated herein, are made a part of this Agreement for
all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B, and conditions
set forth in the body of this Agreement, the terms and conditions of this Agreement shall control.
Scone of Services.
a.) Consultant will, with good faith and due diligence, conduct a professional search to select a
new Assistant Neighborhood Services Director for the City of Fort Worth. In particular,
Consultant will perform all duties outlined and described in the Scope of Work in Exhibit "A,"
- Scope of Services, referred to herein as the "Services."
b.) It is understood and agreed to by both Parties that the Services being provided under this
Agreement fall under the "Service Guarantee" of the professional search that began under City
Secretary Contract No. 62062 (hereinafter "CSC 62062"). Under the terms of the Service
Guarantee, if the City is not satisfied with the results of the recruitment process, Consultant
will repeat the entire process one additional time and charge only for expenses, thereby waiving
the fixed Professional Service Fee of Twenty Five-Thousand Dollars ($25,000.00). Because
the initial recruitment under CSC 62062 failed to yield satisfactory results, Consultant is
repeating the entire process one additional time under this new Agreement.
c.) Consultant shall perform the Services in accordance with standards in the industry for the same
or similar services. In addition, Consultant shall perform the Services in accordance with all
applicable federal, state, and local laws, rules, and regulations.
2. Term. This Agreement shall begin on the date signed by the Assistant City Manager below
("Effective Date") and shall expire on May 31, 2026 ("Expiration Date"), unless terminated earlier in
accordance with this Agreement ("Initial Term").
3. Compensation. City will pay Consultant in accordance with the provisions of this Agreement,
including Exhibit "B," — Price Schedule. The maximum amount to be paid to Consultant by City for
all Services, and any reimbursable expenses and/or supplemental services, shall not exceed Ten
Thousand Dollars ($10,000.00)
Consultant shall not perform any additional services or bill for expenses incurred for City not
specified by this Agreement, including any reimbursable expenses or supplemental services, unless City
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City Secretary Contract No.
requests and approves in writing the additional costs for such services. The City shall not be liable for any
additional expenses of Consultant not specified by this Agreement unless the City first approves such
expenses in writing.
In the event of a disputed or contested billing, only the portion being contested will be withheld
from payment, and the undisputed portion will be paid. City will exercise reasonableness in contesting any
bill or portion thereo£ No interest will accrue on any contested portion of the billing until the contest has
been mutually resolved. For contested billings, the City shall make payment in full to Vendor within 60
days of the date the contested matter is resolved. If City fails to make such payment, Vendor may, after
giving 7 days' written notice to City, suspend services under this Agreement until paid in full, including
interest calculated from the date the billing contest was resolved. In the event of suspension of services,
Vendor will have no liability to City for delays or damages caused to City because of such suspension of
seroices.
4. Termination.
4.1. Written Notice. City or Consultant 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-appronriation 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 Consultant of such occurrence
and this Agreement shall 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 Obli�ations of the Parties. In the event that this Agreement is terminated prior
to the Expiration Date, City shall pay Consultant for services actually rendered up to the effective date of
termination and Consultant shall 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, Consultant shall provide City with copies of all completed or partially completed documents
prepared under this Agreement. In the event Consultant has received access to City Information or data as
a requirement to perform services hereunder, Consultant shall return all City provided data to City in a
machine readable format or other format deemed acceptable to Ciry.
Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Consultant hereby warrants to City that Consultant has made full
disclosure in writing of any existing or potential conflicts of interest related to Consultant's services under
this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Consultant hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Consultant, for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall
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 shall promptly
notify Consultant. It will be the responsibility of Consultant 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.
City Secretary Contract No.
5.4 Unauthorized Access. Consultant shall store and maintain Ciry Information in a secure
manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Consultant shall 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, Consultant
shall, in good faith, use all commercially reasonable efforts to cooperate with Ciry in identifying what
information has been accessed by unauthorized means and shall fully cooperate with City to protect such
City Information from further unauthorized disclosure.
6. Right to Audit. Consultant agrees that City shall, until the expiration of three (3) years
after final payment under this contract, 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 Consultant involving transactions
relating to this Agreement at no additional cost to City. Consultant agrees that City shall have access during
normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this section. City shall give
Consultant reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Consultant shall
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, Consultant shall 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, contractors and subcontractors. Consultant acknowledges that the doctrine of
respondeat superior shall not apply as between City, its officers, agents, servants and employees, and
Consultant, its officers, agents, employees, servants, contractors and subcontractors. Consultant further
agrees that nothing herein shall be construed as the creation of a parmership or joint enterprise between
City and Consultant. It is further understood that City shall in no way be considered a Co-employer or a
Joint employer of Consultant or any officers, agents, servants, employees or subcontractor of Consultant.
Neither Consultant, nor any officers, agents, servants, employees or subcontractors of Consultant shall be
entitled to any employment benefits from City. Consultant shall 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 or
subcontractors.
Liabilitv and Indemnification.
8.1 LIABILITY- CONSULTANT SHALL 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
CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION - CONSULTANT HEREBY COVENANTS
AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND 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
CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR
PERSONAL INJUR Y, INCL UDING DEA TH, TO ANY AND ALL PERSONS, ARISING O UT
OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
City Secretary Contract No.
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONSULTANT, ITS
OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Consultant 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 shall not apply if
City modifies or misuses the software and/or documentation. So long as Consultant bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Consultant shall 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 shall 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 Consultant 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 shall 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, Consultant shall fully participate and
cooperate with City in defense of such claim or action. City agrees to give Consultant 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
shall not eliminate Consultant'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, Consultant shall, 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
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 Consultant terminate this Agreement, and refund all amounts paid to Consultant by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
Assi�nment and Subcontractin�.
9.1 Assi�nment. Consultant shall 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 shall execute a written agreement with City and Consultant
under which the assignee agrees to be bound by the duties and obligations of Consultant under this
Agreement. Consultant and Assignee shall be jointly liable for all obligations of Consultant under
this Agreement prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, subcontractor shall execute a
written agreement with Consultant referencing this Agreement under which subcontractor shall
agree to be bound by the duties and obligations of Consultant under this Agreement as such duties
and obligations may apply. Consultant shall provide City with a fully executed copy of any such
subcontract.
City Secretary Contract No.
10. Insurance. Consultant shall 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 work pursuant to this Agreement:
10.1 Covera�e and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liabiliry:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Consultant, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle" shall be any vehicle owned, 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 work is being performed
Employers' liability
$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 shall 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 shall be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall
name City as an additional insured thereon, as its interests may appear. The term
City shall include its employees, officers, officials, agents, and volunteers in
respect to the contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation
(Right of Recovery) in favor of City.
City Secretary Contract No.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage shall be provided to City. Ten (10) days' notice shall be
acceptable in the event of non-payment of premium. Notice shall 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 fnancial
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 shall not constitute a waiver of the insurance requirement.
(� Certificates of Insurance evidencing that Consultant has obtained all
required insurance shall be delivered to the City prior to Consultant proceeding
with any work pursuant to this Agreement.
11. Comqliance with Laws, Ordinances, Rules and Re�ulations. Consultant agrees that in
the performance of its obligations hereunder, it shall 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 Consultant of any violation of such laws, ordinances, rules or regulations, Consultant shall
immediately desist from and correct the violation.
12. Non-Discrimination Covenant. Consultant, for itself, its personal representatives,
assigns, subconsultants and successors in interest, as part of the consideration herein, agrees that in the
performance of Consultant's duties and obligations hereunder, it shall 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 CONSULTANT, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONSULTANTSS
OR SUCCESSORS IN INTEREST, CONSULTANT 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 shall be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, seroants 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: Dana Burghdoff, Assistant City Manager
100 Fort Worth Trail
Fort Worth, TX 76102
To CONSULTANT:
CPS HR Consulting
Attn: Sandy MacDonald-Hopp
Chief Financial Officer
2450 Del Paso Road, Ste. 220
Sacramento, CA 95834
City Secretary Contract No.
With copy to Fort Worth City Attorney's Office at
the same address Facsimile: (916) 471-3325
14. Solicitation of Emplovees. Neither City nor Consultant shall, 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 shall 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 Consultant to insist upon the perfortnance of any tertn
or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's
or Consultant's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
17. Governin� Law / Venue. This Agreement shall 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 shall lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
18. Severabilitv. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
19. Force Maieure. City and Consultant 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 Parry 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, shall not be deemed a part of this Agreement, and are not intended to define or limit the
scope of any provision of this Agreement.
City Secretary Contract No.
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 shall not be employed in the interpretation of this
Agreement or Exhibits A, B, and C.
22. Amendments / Modifications / Extensions. No amendment, modifcation, or extension
of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Entiretv of A�reement. This Agreement, including the attached Exhibits, contains the
entire understanding and agreement between City and Consultant, 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.
24. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute
one and the same instrument.
25. Warrantv of Services. Consultant warrants that its services will be of a high qualiry 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 Consultant's
option, Consultant shall 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 Consultant for the
nonconforming services.
26. Immi�ration Nationalitv Act. Consultant shall 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, Consultant shall provide City with copies of all
I-9 forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Consultant employee who is not legally eligible
to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY
HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF
THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES,
SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have
the right to immediately terminate this Agreement for violations of this provision by Consultant.
27. Ownership of Work Product. City shall be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in
conjunction with the seroices provided under this Agreement (collectively, "Work Product"). Further, City
shall 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 shall 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 shall 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, Consultant 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.
City Secretary Contract No.
28. Si�nature Authoritv. The person signing this Agreement hereby warrants that he/she has
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 the Managing Partner of Consultant whose
name, title and signature is affixed on the Signature Page of this Agreement. Each party is fully entitled to
rely on these warranties and representations in entering into this Agreement or any amendment hereto. Any
signature delivered by a party by facsimile or other electronic transmission (including email transmission
of a portable document file (pd� or similar image) shall be deemed to be an original signature hereto.
29. Change in Comnanv Name or Ownershin. Consultant shall 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 Consultant 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.
30. No Bovcott of Israel. If Consultant has fewer than 10 employees ar this Agreement is for
less than $100,000, this section does not apply. Consultant acknowledges that in accordance with Chapter
2270 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" shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this contract, Consultant certifies that Consultant's signature provides
written verification to the City that Consultant: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of the contract.
31. Prohibition on Bovcotting Energv Companies. Vendor acknowledges that, in
accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a
contract for goods or seroices 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 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 the City that Vendor: (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of this Agreement.
32. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the 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 the
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 iirearm
trade association during the term of this Agreement.
33. Electronic Signatures. This Agreement may be executed by electronic signature, which
City Secretary Contract No.
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.
(signatuYe page follows)
City Secretary Contract No.
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
Dc�na Burc� hdoff
Dana Burghdoff (Sep 1h,202S%9!t1030 CDT)
Y�
Name: Dana Burghdoff
Title: Assistant City Manager
Date: , 20
APPROVAL RECOMMENDED:
�Blc,f,� ��o�v�ag�
By:
Kacey Thomas (Sep 12, 2025 16:52:44 CDT)
Name: Kacey Thomas
Title: Neighborhood Services Director
oovonnU
ATTEST: � oF FORr�aa
a°,� o �o9•ia
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�C-z�x /� �� °oQ* ��� ��� *�
/� ��d4� EXA`Joa
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By: �,,
Name: Jannette Goodall
Title: City Secretary
CONSULTANT: CPS HR CONSULTING
c �`�� �S��l��
By:
Name: Sandy MacDonald-Hopp
Title: Chief Financial Officer
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
this contract, including ensuring all performance and
reporting requirements.
J/�Z �'.�6�
By:
Name: Victor Escobedo
Title: Human Resources Manager
APPROVED AS TO FORM AND LEGALITY:
G��� u����h�
By:
Name: Jessika Williams
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A — Professional Service Exemption
OPFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City Secretary Contract No.
EXHIBIT A
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Fx�cutive Recruitrr�rr[ Servrre� forslssistant �rrectar +�reighbarhacs� S�rvices Departrrx�n[
1'��th��l�lc��y �nc� �c�p+� a�f Vllc�rl�
�ur �rQp�sed executive �earch pracess is designe� to pravide the City with the full rar�e of
�rui�e� r€�quifed to en5ure the ultim��� selerti�n �f a ne►� Assista+�t i�irectof N�eighborhood
Serv�ces �epartrn�ent un�queky surt2d to the ��t�+'s needs, CPS HR tan �erfofm t�ukre���w Only or
Partial Rec�ruitrn�n# �Phases I and Ilj services �f a Full Recruitmentis nat curr�entfy needed bythe
c;ty of F�rt ur�rth.
.._
�7evel�p ' •: -
�a�rdi�ate �99ressive,
Profile �and Pr�act°ve,
f�ecruitme�r# �n� Ro�us#
Str�t�y �ecruitrnen#
. -_
�election
P�ase I, �ur consultant will meet with the Hiri�g Auth�rityto ascertain tFre Cit�s needs and ideal
candidat� attribut�s, to targ�t our searcF� effarts, and maximize candidate fit with the City.
�1�..,-,r� ��: The recr�itment pr�cess is tailr�re� tcs fit the �ity's s�ific w�nts �nd needs, with
t;arg�eted advertis�ng� cambRned w�th oor�tatt� uuith qual�#�ed �r�drviduals from txur extens�ve
database.
Ph��se III: The� seleetic�n prncess is customized foe tF�e City, CPS �i� will u�rork with the Hiring
Autht�rity to �etermin� th�e pracess b�st �uited to the City af F�r# Wvrth.
Bel„ti�a is � bra�kcic�t��n �F �lye s�rvif�� iftirf�iclesi iry e�cl7 rerrtiit�n�nt c��}ti+�n.
i Fiiti�. �� �:',�:��Is
� Hold Yey Stakehalder �SAee#ings
3 QevelopCandidate'Rrofile
4 C�e�elap Retruitment 3�ochure
Pla�e Ads
Id�ntifyand Contact P�tential Can�idates
f 3 Re+rie�ApplicationMat�rials ]f }i 1
4 Conduct Screenin� interv�ews � �
5 5ubmit Gient Report X X
I 6 ClientMe�ingta5electSemifinalists }! X 1
?I X
X }� 7i
X }I }S
X }f X
City Secretary Contract No.
PrU�:�USU.� F!� C1 f�y� t?� F��7 4�'VO!#+)
Fx�cartrve Reeruitmen� S�rv��s for Assrstnnt Drrectnr 1�ferghbc�ri� an t7 Servic�res L�eportment
Pr�pare ,�sessment
3 Prepare �valuafivn manuals
4 F��litate Finalist �election Rroe�s
X
X
5 �nduet Ref�rence anci Back�round X
C he�ks
6 Assist in Negotiation {;� requeskedj
3{
Phase 1- C�e��fop �andidlat� f rc�fil� c�n� R���u�tm�nt �Str�t�gy
Task 1- R�view and Fi�walite �xe�utive Se�rch Process and S�hedule
Ta�k � - ICey �takeholder N1e�ti�gs
Task �- Candid�at� Profile and R�tr�itrr�ent S#r�tegy ��►r�lppment
Task 4— C��veloq F�etruitment B��tl�u�e
Th�� first st�p in thi� �ngagern�nt is a thc►r�ugh r�wi�u� af th� Cit�� n����� c�ltur�, and goals; th�
executive search proce�s; an�i the sehedule. CPS HR is prepared ta meet with key stakehalders
to c�bt�i� irrp�t in developing th� ideal candidat� �ircfile and t� ��si�t u� in understa-�ciing k�y
�ssues and ch�9leng�� #hat will fa�e a new Assistant pire�tar Neighlx�rhovd Services Departm�nt.
Activitie� w�ll in�l�de:
■ lden#ifying key priorities fvr th� n�+u AsSista�t birector IVeigh�orhoer�! Services
i�epartmer�t and the cor�di#ions ar�d challer�ges li4cely to L�e er,cvuntered in achieving these
�r�or�ties.
■ L�escnk�i�g the type c�f warkir�g re��tionship the Hiring Auth�rity wi�hes to establish with
the �Assi�tant Direc'�or Neighborhaod S�rvi��s Department.
■��neratin� lests af specifi� com peter►cies, exp�rienc�s, an�i p�ers,onal attributes needed by
the new A�si�tant Director Neighbarh�od Ser�+ices i�epartment in light c�f the discussions
aba►r�.
■ Disc�ssing recruitment arrd selection strategies fc�r the ��ring A�uthorit�s cvr�sideratic�ru to
6es# produce the int�nd�d resul�s.
C�� HR will ��c�vide � summary t� th� �ity stemmi�ng from thes� ��.tivities as �n add�tional sc�urc�
e�f infvrmatic�°� fvr developing the candidate profile a-rd �electio� �riteria,
� d Sch�dUle Candidates; Cacardina#e Travel X
City Secretary Contract No.
Prap�sul to City of Fort YVorth
�xecutr+re Re���ri#�en� Servi�s f� �rstrxnt ��re�tc�r' �leighb�rho�f Servt�� ��ar�merrt
Ft�llowing the cornpl�tion c�f the wvrkshvp sessivn, CPS HR will wark with a prof�ssion�l graphic
�rtist to design a rec�uit�ner,t brachure �nd pre�ent i# tv the �ity for r�vi��sr. Br�rhure example�
are avail�ble 4� our w�bsite at www.cpshr.uslreeruitment-soluti��slexecutive-s�arch.
F'�as� II —�c�gr���i��M �. F'ru;��;ti��, e, c�=.d F.�;>:�ust f��cr�itrr��nt
T,as�k i — Plat� Adwertisernents
Ta�k �- Id�ntify and C�ntact Ft�tential Candid�tes
Task 3— Resume Review and Scr��ning interviews
Ta�k 4— Hiring Aut#tor�ty Selects F�nalists
The recruitrrien# prc�cess i� tsilored t� #it the Cit}�s specific r�eeds, wi�tr t�rgeted ad�ertisin�,
cvmbined with per5�nal cc��tacts with q�al�#i�d irrdi�idu�ls from s��r e�ctensive databas�.
CPS HR will prepare, su6rnit fQr yaur approvaf, and p�ublish adverti�ements crn prvfession�l �nd
af#iliate websites tc� attract r���i�ates an a nationwide, regi��al, I�cal �r targeted ba�is based
o� t�e recr�.itrn�nt strate�y. Examples may incl�.de:
. CPS HR website
+ IfiMA
• �inkedln
+ T�xaS Municipal L�ague
• Arnerican Assoti�#�csn of ��de Enforeement
• Arneritan P4�nni�gllssc�ciation
• Arnerican 5trcietyof �ivil Engineers
• Assca€[atian �f Licensetl Arehitet-ts
• Association of A11e#ropalitar� Planning
Organirdtions
� Nati�nal Association c�f Fls�d and
St�rmwater Management Agencics
• Flt��dplain 1N�na��m�nt A�sa�i�ti�n
• Cc�rnmunity D�v�l�pm�nt S�i�ty
• Natianal Associatian �f County Enginetrs
. hJation�f Ass�ciati[sn tsf F�uSin� �nd
R���Ioprn�nt �fic+als
. Natio�al Ass�ciaticsn �f development
�?rg�nit8ti��s
# National Community D�vef�pment
�s�o€iati�sn
• Pl�nnit� R�pS
• Proj�t Mana��ment IRsti#ute
+ Ar�eriear� Association of Professianal
Landm�n
i�lsst�iatian of Stat� Fl�dplain Iti+ianagers
• Community D�►relaprnent Institute
+ National 5atiety of Professianal €ngineers
• ��ns#uC#iOn Mar►a��nent,45�OCi�tion �f
Ames�
• Int�rnatic3nal Gode Countil
• Ameri�n Institute of Cc�nstrurtvrs
• American S�xiety af Safety Engit�eers
� Cade€nforcernentAssociatiano#Texas
As a c4nsultirr� firm that interacts witF� t�urrdreds o# public �i:tt�r executives �uri�rg engagem�nts,
►�e have a cadre of in�#�widu�ls who we infc�rm of recruitments, bcrth fe� incre�s� the visibility of
the c�pening and to attract appropriate indir�duals whQ fii the s�ecial �1��415 Q� OUf �II�'f5t.
Cammunic�tion with these professionals ensures that an �ccurat� pic#ure csf the requiremen�
of thej�t� is app�rent and proliferated thrc�ughout their professir���l �etworks,
City Secretary Contract No.
�ropc�sQ�' to Cit�� c�f for± b�'o,rth
,Executt+r�e +4ecrwi#men# Servic�es �`or �issrst�x�t Drr+ector Ner�hl�uri�o�od Services f}epor#ment
C�S �f� �s fo��rse�t crrr rer�c��frr� �r �ivers� rarr�l���rte pc��� and would recc�mm�nd
pu�li��tions�websites #hat are targeted ta mfnority �nd female car�didates. In additian ta placing
ads or� websites aimed at minority candidates, we will co�tact I�aders within appropriate
assoeiations to gain their insig�t a�nd r�ferrals a� pos�ible candidaies.
Vk#i#hrrr the past three years, rrrore lhari 57'� of ocrr execu#ive leve� placen�ent� hove b�er�
rr�r'r�prrty [�nd�vr ferx��le �a►rrdid�tes.
CP� +iR will prepare an emaii distnbution list containing praspecti��e candidate� and r�ferral
s�uree�. Thes� individuals uvill receive a link to the Assistant S�ire�tar Neighborhood Services
Department br+�chure �lon� with a persvnal invitati+�n to cont�ct CPS HR if #hey have any ques#ions
ab+�ut the p�sition.
�PS� HR maintain� a cornprehensiver �p-t�o-date dat�taase af indu�try leaders a�td experi�nced
prafe��ionals; however, w� �do nv# r�ly sal�ly upt�� our current database. VNe al�o conduct
rese�rch to taEget indi�riduals relevant to your specific �e�ds and expe�ctatians to ensure that vue
are t�or�ugh in avr eff�rts to market this positican to the apprc�priai� audience �nd ta garrrer a
divers� and q�alrty poal of candidates. W� will:
■ Convey a strong sen�e of the purpctse and strategy of the City. F�r many talented
indi�riduals, �c�d�rstar��iing these as�,ects is €�ne nf the i€ey moti�+ators to cvmpet� in such
an environm�nt.
■ Pravide guid�nce and resc�ur�s t�r ea�didates r�garding the area's ��st of livin�, mean
and rrredi�n h�using prices, higher e�ucation vppa�tunities, K-12 educati�n ir�formation,
and c►tf�er aspects of intere�st to those wvha are cc�nsider�ng refocating to the area.
■ Active�r seek highly q�alrfied candidates who rnay tre attracted by the pro�pect af
eolla�orati�►n with r�ther departments, providing exceptional leadership to the City or
continuing to ensure #he public �confidence in the ir�tegrity of the City.
CP� HR will directly receive and initially �creen all resurnes. Thi� screerrin� process is specifically
desi�ned to �s�ess the per�anaf and pr+ofe��ional attribut�s th2 C'rky i� seeking and will in�lude a
thorv�gh review vf each car��id�te's resume, and if applicable, supplemental questionn��re
re�sponse� and c�th�r�uppor�ir�g mater�als.
�PS HR will per�onally spe.�k to selee1ked ca�rdidates du ri �g a pre�liminary screening interview �nd
vrrill �per�d e�c#er�sive tirn�e asc�rtaining each car�didate's lar�g-terrr� ca��er goals a�d reasan� v�hy
the candidat�e is seelting thus oppa�rtunity, as r��ell as gainirig a solid unc�erstanding of the
can�id�te's techr�i�al cornpet�nce and management philoso�hy. We +�vill gather data c�n any
ot#�er unique asp�eets specific to this r�cruitment based upor� the candic�ate prafile, as urell as
c�nd�uct internet research o�► e�ch candidat� intenriewed.
CP� HR will prepare a written repart th�t s�mma�rizes the results of the recruitrne�t proces� and
recc��nmerrd� candidates for further ca�sideratian by the Hiring ,�utharfty. Typicably, the report
City Secretary Contract No.
�roposnr co c,: ry oj rorr wortn
Fxr��rtrve FiecrUltmerrt Serwices for Assistarrt �]irertor Neighborhaod Servrtrs Dr�artrnent
will re�o�rnmend six to eight highly qualified candidates and will include resumes and a profile on
each interviewee's backgraund. CPS 4iR will meet with the Hiring Authority ta review this repart
and to assi�t them in selecting a group of finalist�for further evaluatian.
Pha�� III - ��lectlon
Ta�k 1- aesi�n �election Process
Task 2- Admii�ister Selec#ion Proceas
Task 3- Final Preparatron for Appaintment
Task 4 - �ontract Negotiation {if reques#ed)
C�S HR will design a draft sel�ctlan process based on in#ormation gathered in Phase I. We will
m22t with the City to review this process and discuss the �ity's preferred approa�t� in �sses5ing
#he final candidates. The selection process will typically indude an in�epth interview with each
candidate but may also include a#h�r selection assessment� such as an aral presentation,
preparation of written materi�ls� and/�r problerr�sofving exercises.
Ywe will caordinate al1 aspec#s of the selection proces� for the City. This includes preparing
appropnate materiaMs �uch as interview questians, evalua#ivn manual�, and ather asses�ment
exercises; facilitating t�re interviews; assisting #he �i#y wlth deliberation of the results; and
contacting bot� successful and unsuccessful candidates.
Follawing the completian of the selection process, CPS HR will be a�ailable to oomplete the
folfowing companent�:
■ Ar�r�rrge Fo11o4+�-u}� �n#ervFe�+rsJF�rra� Assessmerr# Pr�otess: Should the City wish to arrange
follow-up interviews andjor cnnduct a final assessment to make a selection, CPS HR will
coordinat� this effort.
■ Condcrc� �r�-De�th ReJerence C�hecks: The in�epth reference checks are a comprehensive
36Q-degree evaluation process whereby we speak with current and previo�.s supennsors,
peers, and direc# re�orts. �tt is our policy ta not contact current supervisars until a job
offer is made, contingent upon that reference being success#ully completed, so as not to
jeopar�iz� the �andidat�s' current emplo�+ment situation.) Candid�tes �re requested to
provide a minimum of fi�+e references. CPS �IR can ascertain significant, detailed
informatian fram reference �vurces due to our cornm�tment to each individual of
confidentiali�ty, wh�ch leads to a willingness to h�ve an open and candid dEscussior� and
results in the �est appointrnent for the �ity. A written (anorrymausj s�mmary of the
reference checks is provided to the City.
■ Conafcrct Backgro�rr�d Cherks� Upon a conditional jab offer, we will arrange for a
backgraund check of � candidate's records o� �riving, crimin�l �nd ci►ril court, cr�dit
hi�tary, �ducatio�, published news, and other sensitive items, Shauld any negative or
questiona�le content a�pear during the�e checks, CP� HR will have a thorough discu�sion
City Secretary Contract No.
Proposo! io ciry of fort bvortn
Executive Recruitrnent 5ervicrs for Assistant Directw Neighbori�oad Services L?epartment
with the finalist(sj and will present a full picture of the situatian ta the City far further
review.
■ Contract NegotiQtion (if requestedJ: Successful negotiations are critically important, and
we are available to serve as your representative in this process. With our expertise, we
can advise yo� regarding current approaches to various components of an employment
package. We can represent your interests with regards to salary, benefits, employment
agreements, housing, relocation, and ather aspects, with the ultimate goal of secunng
your chosen candidate.
Proposal to City of Fort Worih
Extcut�v�e Retrwbnent Savetrs fo� Asslstont Dircctor Nerphborhood Services DepaRment
Timeline
The projed team CPS HR has selected is prepared to begin woric upon receipt of a fully executed
co�tractual agreement. All search actnritles up to and including the sNection of a new Assistant
Director Neighborhood Services Department can be completed in 12 to 14 weeks for a Fup
Recruitment. A Partial Recruitment can be completed in 10 fo 12 weeks, and an Outreach Only
project can be completed in 4 to 6 wreks folbwing the kick-off meeting. The precise schedule
will depend on the extent of stakeholder engagement, placement of advertising on appropriate
professional and affiliate websrtes, and the ability to schedule, as quickly as posslble, the initial
mee'i�g. A oroposed schedule of maior milesto�es is �resented belcw.
EXHIBIT B
PRICE SCHEDULE
Per the terms of the One-Year Seroice Guarantee under CSC 62062, professional services for this executive
search will be provided at no cost to City. The City will be responsible only for expenses such as re-
advertising, consultant travel, additional background checks, etc. Such expenses will be billed at cost and
detailed on invoices submitted to the City. The maximum amount to be paid to Consultant by City for
all Services, any reimbursable expenses and/or supplemental services, shall not exceed Ten Thousand
Dollars ($10,000.00) Consultant shall not perform any additional services or bill for expenses incurred for
City not specified by this Agreement, including any reimbursable expenses or supplemental services, unless
City requests and approves in writing the additional costs for such services.