HomeMy WebLinkAboutContract 47993 CITY SI'ECRETARY
V651 1�,�p�b CONTIRACT NO.
pCg PROFESSIONAL SERVICES AGREEMENT
Ouicksius, LLC dba Quick Search
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into by and between the CITY OF FORT WORTH(the"City"),a home rule municipal
corporation situated in portions of Tarrant, Denton and Wise Counties, Texas, acting by and
through Susan Alanis,its duly authorized Assistant City Manager,and Quicksius,LLC dba Quick
Search ("Contractor"), a background screening service and acting by and through John V. Page,
its duly authorized Vice President of Sales, each individually referred to as a "party" and
collectively referred to as the"parties."
CONTRACT DOCUMENTS:
The Contract documents shall include the following:
1. This Agreement for Services
2. Exhibit A—Statement of Work with Price Sheet
3. Exhibit B—Signature Verification Form
4. Exhibit C—Responsibilities of City regarding Consumer Reports
All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all
purposes. In the event of any conflict between the documents, the terms and conditions of this
Professional Services Agreement shall control.
1. SCOPE OF SERVICES.
Contractor hereby agrees to provide the City with professional consulting services for the
purpose of providing pre-employment background investigations and screening checks. Attached
hereto and incorporated for all purposes incident to this Agreement is Exhibit"A," Statement of
Work,more specifically describing the services to be provided hereunder. The services provided
hereunder are governed by federal and state law. Those laws require that Contractor obtain certain
agreements with use of consumer reports, attached hereto as Exhibit "C", which includes the
terms the City must comply with in regards to consumer reports.
2. TERM.
This Agreement shall commence on July 6, 2016 ("Effective Date") and shall expire on
June 14, 2017,unless terminated earlier in accordance with the provisions of this Agreement. The
City shall have the option, in its sole discretion,to renew this Agreement under the same terms and
conditions,for up to four(4) successive one-year periods under the same terms and conditions.
3. COMPENSATION.
The City shall pay Contractor in accordance with the hourly rate of Contractor personnel
who perform services under this Agreement in accordance with the provisions of this Agreement
and the Payment Schedule attached as Exhibit"A,"which is incorporated for all purposes herein;
however, total payment made under this Agreement by the City for all services shall not exceed
$65,500.00. Requests for services are initiated by City once they are submitted to Contractor by
any ordering method. It is City's sole responsibility to request and order the desired
services/packages on a specific consumer.Since many services are either"instant"or immediately
dispatched to researchers, once submitted, the Ci-will be charged for those services requested.
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Quicksius,LLC dba Quick Search CITY SECRETARY
FT. WORTH, TX
However, Contractor shall not perform any additional services for the City not specified by this
Agreement unless the City requests and approves in writing the additional costs for such services.
The City shall not be liable for any additional expenses of Proposer not specified by this
Agreement unless the City first approves such expenses in writing.
4. TERMINATION.
4.1. Written Notice.
The City or Contractor 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 the City in any
fiscal period for any payments due hereunder, City will notify Contractor 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 the City of any kind
whatsoever,except as to the portions of the payments herein agreed upon for which funds
have been appropriated.
4.3 Breach.
Subject to Section 27 herein,either party may terminate this Agreement for breach
of duty,obligation or warranty upon exhaustion of all remedies set forth in Section 29.
4.4 Duties and Obligations of the Parties.
In the event that this Agreement is terminated prior to the Expiration Date, the
City shall pay Contractor for services actually rendered up to the effective date of
termination and Contractor shall continue to provide the City with services requested by
the City and in accordance with this Agreement up to the effective date of termination.
Upon termination of this Agreement for any reason, Contractor shall provide the City
with copies of all completed or partially completed documents prepared under this
Agreement. In the event Contractor has received access to City information or data as a
requirement to perform services hereunder,Contractor shall return all City provided data
to the City in a machine readable format or other format deemed acceptable to the City.
S. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Contractor hereby warrants to the City that Contractor
has made full disclosure in writing of any existing or potential conflicts of interest related to
Contractor's services under this Agreement. In the event that any conflicts of interest arise after
the Effective Date of this Agreement, Contractor hereby agrees immediately to make full
disclosure to the City in writing.
5.2 Confidential Information. Contractor, for itself and its officers, agents and
employees, agrees that it shall treat all information provided to it by the City as confidential and
shall not disclose any such information to a third party without the prior written approval of the
City. Additionally, Contractor will use all reasonable measures to safeguard the privacy and
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security of information that Contractor obtains in performing services hereunder, whether in
electronic, paper or other format. Contractor will take reasonable steps to ensure that all
hardware, software, services and internal operating policies, practices, policies and procedures
meet applicable requirements for federal and state laws. Contractor represents and warrants that
it will maintain appropriate physical,technical,and administrative safeguards to protect customer
data and data about applicants from unauthorized access,use and disclosure.
5.3 Unauthorized Access. Contractor shall store and maintain City Information in a
secure manner and shall not allow unauthorized users to access, modify, delete or otherwise
corrupt City Information in any way. Contractor shall notify the City immediately if the security
or integrity of any City information has been compromised or is believed to have been
compromised, in which event, Contractor shall, in good faith, use all commercially reasonable
efforts to cooperate with the City in identifying what information has been accessed by
unauthorized means and shall fully cooperate with the City to protect such information from
further unauthorized disclosure.
6. RIGHT TO AUDIT.
Contractor agrees that the 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 of the Contractor involving transactions relating to this Contract
at no additional cost to the City. Contractor agrees that the City shall have access during normal
working hours to all necessary Contractor facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the provisions of this
section. The City shall give Contractor reasonable advance notice of intended audits.
Contractor further agrees to include in all its subcontractor agreements hereunder a
provision to the effect that the subcontractor agrees that the City shall,until expiration of three(3)
years after final payment of the subcontract,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 of such subcontractor involving transactions
related to the subcontract, and further that City shall have access during normal working hours to
all subcontractor facilities and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor
reasonable notice of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Contractor 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 the City. Subject to and in accordance with the conditions
and provisions of this Agreement, Contractor 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. Contractor acknowledges that the
doctrine of respondent superior shall not apply as between the City, its officers, agents, servants
and employees, and Contractor, its officers, agents, employees, servants, Contractors and
subcontractors. Contractor further agrees that nothing herein shall be construed as the creation
of a partnership or joint enterprise between City and Contractor. It is further understood that the
City shall in no way be considered a Co-employer or a Joint employer of Contractor or any
officers,agents,servants,employees or subcontractors of Contractor.Neither Contractor,nor any
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officers, agents, servants, employees or subcontractors of Contractor shall be entitled to any
employment benefits from the City. Contractor 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.
8. LIABILITY AND INDEMNIFICATION.
A. LIABILITY - CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE
FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE ANDIOR
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 CONTRACTOR, ITS
OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
B. GENERAL INDEMNIFICATION - CONTRACTOR HEREBY
COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND
DEFEND THE CITY,ITS OFFICERS,AGENTS,SERVANTS AND EMPLOYEES,
FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OFANYKIND OR
CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY
DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO
CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS)ANDIOR
PERSONAL INJURY, INCLUDING DEATH,
TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH
THIS A GREEMENT, TO THE EXTENT CAUSED BY THE NE GLIGENTA CIS OR
OMISSIONS OR MALFEASANCE OF CONTRACTOR,ITS OFFICERS,AGENTS,
SERVANTS OR EMPLOYEES.
C. INTELLECTUAL PROPERTY INDEMNIFICATION — Seller agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against the
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 the City modifies or misuses the software and/or
documentation. So long as Seller bears the cost and expense of payment for claims or
actions against the City pursuant to this section,Seller 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 the City's interest, and City agrees to cooperate with Seller 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 the City for
infringement arising under this Agreement, the 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,Seller shall fully
participate and cooperate with the City in defense of such claim or action.City agrees
to give Seller timely written notice of any such claim or action, with copies of all
papers City may receive relating thereto. Notwithstanding the foregoing, the City's
assumption of payment of costs or expenses shall not eliminate Seller's duty to
indemnify the 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
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as a result of a settlement or compromise,such use is materially adversely restricted,
Seller 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 Seller, terminate this agreement, and refund
all amounts paid to Seller by the City,subsequent to which termination City may seek
any and all remedies available to City under law.
9. ASSIGNMENT AND SUBCONTRACTING.
Contractor shall not assign or subcontract any of its duties, obligations or rights under this
Agreement without the prior written consent of the City.City acknowledges that Contractor obtains
information from various government and private sources. These sources are not subcontractor's
for the purposes of this contract. If the City grants consent to an assignment, the assignee shall
execute a written agreement with the City and the Contractor under which the assignee agrees to
be bound by the duties and obligations of Contractor under this Agreement. The Contractor and
Assignee shall be jointly liable for all obligations of the Contractor under this Agreement prior to
the effective date of the assignment. If the City grants consent to a subcontract, the subcontractor
shall execute a written agreement with the Contractor referencing this Agreement under which the
subcontractor shall agree to be bound by the duties and obligations of the Contractor under this
Agreement as such duties and obligations may apply. The Contractor shall provide the City with a
fully executed copy of any such subcontract.
10. INSURANCE.
Contractor shall provide the City with certificate(s) of insurance documenting policies of
the following minimum coverage limits that are to be in effect prior to commencement of any
work pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability
$1,000,000 Each Occurrence
$1,000,000 Aggregate
(b) —Quick Search has no vehicles used in the business.
(c) Worker's Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease-per each employee
$500,000 Disease-policy limit
This coverage may be written as follows:
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Workers' Compensation and Employers' Liability coverage with limits consistent
with
statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308—
1.01 et
seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of
$100,000 each accident/occurrence, $500,000 bodily injury disease policy limit
and
$100,000 per disease per employee
(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 the City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability policy shall name the 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 the City of Fort Worth.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage shall be provided to the 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, 1000 Throckmorton, Fort
Worth,Texas 76102,with copies to the 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 the City to request required insurance
documentation shall not constitute a waiver of the insurance requirement.
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(f) Certificates of Insurance evidencing that the Contractor has obtained all
required insurance shall be delivered to the City prior to Contractor
proceeding with any work pursuant to this Agreement.
11. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS.
Contractor 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 the City notifies Contractor of any violation of
such laws, ordinances, rules or regulations, Contractor shall immediately desist from and correct
the violation.
12. NON-DISCRIMINATION COVENANT.
Contractor, for itself, its personal representatives, assigns, subcontractors and successors
in interest,as part of the consideration herein,agrees that in the performance of Contractor'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 Contractor, its personal representatives,
assigns, subcontractors or successors in interest, Contractor agrees to assume such liability and to
indemnify and defend the City and hold the 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,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 the CITY: To CONTRACTOR:
City of Fort Worth Quicksius,LLC dba Quick Search
Attn: Susan Alanis,Assistant City Manager Attn: Dale Wolter,General Manager
1000 Throckmorton Street 4155 Buena Vista
Fort Worth TX 76102-6311 Dallas,Texas 75204
Facsimile: (817) 392-8654 Phone: (214) 358-2880,ext. 114
Cell: (214) 208-1444
With Copy to the City Attorney's Office Facsimile: (214-358-6076)
at same address Email: DWolter@quicksi.com
14. SOLICITATION OF EMPLOYEES.
Neither the City nor Contractor 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.
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15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, the City does not waive
or surrender any of its governmental powers or immunities.
16. NO WAIVER.
The failure of the City or Contractor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of
the City's or Contractor's respective right to insist upon appropriate performance or to assert any
such right on any future occasion.
17. GOVERNING 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. SEVERABILITY.
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 MAJEURE.
The City and Contractor shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement,but shall 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,material or labor restrictions
by any governmental authority,transportation problems and/or any other similar causes.
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.
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 hereto.
22. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
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No amendment of this Agreement shall be binding upon a party hereto unless such
amendment is set forth in a written instrument, which is executed by an authorized representative
of each party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any documents
incorporated herein by reference, contains the entire understanding and agreement between the
City and Contractor, 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 and any accompanying Order Forms may be executed in two or more
counterparts,each of which will be considered an original but all of which together will constitute
one agreement. If executed by electronic signature,it shall be equally binding as an original copy
executed in ink by both parties.
25. WARRANTY OF SERVICES.
Contractor warrants that its services will be of a professional 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 Contractor's
option, Contractor 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 the City to Contractor
for the nonconforming services. Notwithstanding the foregoing, warranties and remedies for a
"consumer report" and/or "investigative consumer report" as defined in Exhibit "C" shall be
governed by section 14 entitled Warranties and Remedies.
26. IMMIGRATION NATIONALITY ACT.
The City of Fort Worth actively supports the Immigration&Nationality Act(INA)which
includes provisions addressing employment eligibility, employment verification, and
nondiscrimination. Contractor shall verify the identity and employment eligibility of all employees
who perform work under this Agreement. Contractor shall complete the Employment Eligibility
Verification Form(I-9),maintain photocopies of all supporting employment eligibility and identity
documentation for all employees, and upon request, provide City with copies of all I-9 forms and
supporting eligibility documentation for each employee who performs work under this Agreement.
Contractor shall establish appropriate procedures and controls so that no services will be performed
by any employee who is not legally eligible to perform such services. Contractor shall provide City
with a certification letter that it has complied with the verification requirements required by this
Agreement. Contractor shall indemnify City from any penalties or liabilities due to violations of
this provision. City shall have the right to immediately terminate this Agreement for violations of
this provision by Contractor.
27. INFORMAL DISPUTE RESOLUTION.
Except in the event of termination pursuant to Section 4.2, if either City or Contractor has a
claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any
warranty that arises under this Agreement,the parties shall first attempt to resolve the matter through
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this dispute resolution process. The disputing party shall notify the other party in writing as soon as
practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the
dispute and list the party's specific reasons for such dispute. Within ten(10) business days of receipt
of the notice,both parties shall commence the resolution process and make a good faith effort,either
through email,mail,phone conference,in person meetings,or other reasonable means to resolve any
claim, dispute, breach or other matter in question that may arise out of, or in connection with this
Agreement. If the parties fail to resolve the dispute within sixty(60)days of the date of receipt of the
notice of the dispute, then the parties may submit the matter to non-binding mediation in Tarrant
County,Texas, upon written consent of authorized representatives of both parties in accordance with
the Industry Arbitration Rules of the American Arbitration Association or other applicable rules
governing mediation then in effect.The mediator shall be agreed to by the parties. Each party shall
be liable for its own expenses, including attorney's fees;however,the parties shall share equally in
the costs of the mediation. If the parties cannot resolve the dispute through mediation, then either
party shall have the right to exercise any and all remedies available under law regarding the dispute.
Notwithstanding the fact that the parties may be attempting to resolve a dispute in accordance with
this informal dispute resolution process, the parties agree to continue without delay all of their
respective duties and obligations under this Agreement not affected by the dispute. Either party
may,before or during the exercise of the informal dispute resolution process set forth herein,apply
to a court having jurisdiction for a temporary restraining order or preliminary injunction where such
relief is necessary to protect its interests.
28. SIGNATURE AUTHORITY.
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 any authorized representative of Contractor whose
name, title and signature is affixed on the Verification of Signature Authority Form, which is
attached hereto as Exhibit"B" and incorporate herein by reference. Each party is fully entitled to
rely on these warranties and representations in entering into this Agreement or any amendment
hereto.
29. 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 services
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 the 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,Contractor 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 the 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 the City. However, City understands that Contractor uses
proprietary and third party software and processes to obtain orders and to provide reports. City
will not obtain any ownership or rights in such software,patents or processes.
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples this 6th
day of July,2016.
ACCEPTED AND AGREED:
CITY OF FORT WORTH: ORGANIZATION: QUICKSIUS,LLC
DBA QUICK SEARCH
usan Alanis Name: Dale Wolter
Assistant City Manager Title: General Manager/Owner
Date: —7 ��_1 31 Date:
®�'° T T:
AT � ®�g .,�D�o� \
By: �b
o
Mary e
City Secretary $ o,
APPROVED AS TO FORM °��-*
By:
ssistant City Attorney
Guillermo(Will) S.Trevino
M&C Authorization: M&C P-11881
1295 Form Certification: 2016-53657
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
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EXHIBIT A
STATEMENT OF WORK WITH PRICE SHEET
EXHIBIT A 1
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1 minimum of eaten;7)years,National Criminal Da(sbase including Teras Department of Public Safety(DPS)data 1000 EA $82.50'EA
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Ppdcage 3 Kith and wither:.5 psnai drug-screen)to in:lude: SSN,seven;7)year ad•drsss hls:,cry,Unlimited $86.50'EA
3 County Cf minal Sed-dtes for all counties the'.the applicant has lived in going tract a minimum of seven(7)years 1 DDD EA
(depending on cost,number of GcL.ilties Covi;f be IIInited).National Criminal Da:abe*e I nduding Texts UP3 data
base,50 state sex offander,P-ImAry Name Search plus any anpllicable AKA name searehee-Educeiicr.Verification-
Ij>VR,Elecmonic I-Q;if evsilablel.E-Verify(ff amiable). quantity listed is estimated annual amount.
4 !Individual Check•Credn Report,Ousntlty tided is eadmated annual amount. 1800 EA 311.OQ Fl
5 lindPolduar Check-f Ve_iy,Quantity listed Is estimated annual amount. (Tide i5:nuluded n1 Clculroidc I-3 orru:iiiy) :Ooh EA SO.00 EA
8 lindNidiml,(:hem•Flp.aronir.1.9,quantity listen is estimated annual amount. 1000 EA $3.00 EA 1
7 lindividuCl Chex(-Department of Transportation(DOT).Quantity listed Is estbnatrd annual amount 1000 EA See DOT N ne Belrnv
9 11r.dividuzil Check-E-axaton Velinca,ior,(awntity Ilsled ts estimated annual amount. 1coo EA $8-00'EA
9 Individual Check-MVR,Qua ritity Ilstea.is estimated annual amount. 1coo EA $4.011•hA
1c IndividUal Chock-FMC Panel7tag scroell Quantity listed 1%estimated annual amount 1Coo EA $18.00"
ow.ractor Shall list organization electronic submission cepabili;y coons for prc-crploymEnt checks to candidates.
For example: Email and on-linarnob based capability.
Ou•ick Search Difars an advanced background screoning portal. order envy options'nc ude: itioaddition I
coal
'.wick Sw-rnh snier ads(
11 Manual Orcer snlry i EA
SwitHirc cma I b applica•,l with elocronlc Disdosure arld Ar.thljd7,1tlon form
WaVink interfacu to EIW;rut sic Onferieg MM electrons DlSolom Ire onrt Author mUon torn
Taleo Business Edition Full lntugratiur
Taleo Enterprisu Ec:Con Full Intepraton
PRE_rviPl.4"M1-If)(:N=CKs RFP
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iXl 11131T A z
PRICE SHEET
Luor!tr unntracrore organizatiaii integrate Wth I aleo BuMnEsa Editicn(ApplicFrd Tracking System)? la a custom
in(egration needec or standard'out cf tfv box"? How mary intagrtfone,has Contracto-'g ors anizatlon completes
Wth Taloo Buslness Edl-lon? Please explain.
Yes,we are fully irtegre:sd with Tale:)BuNiress L•diticn. It is a s(undard cainqurafiuri tha! Nei`irlditinn I
cost"'
12 we cffor.Scc demon%trJJ'1Gn.rnk bu,i:nv. 1
EAf
Spy:&fl Nnte:: 'plua sny applicable Cairtsaes,MVR stets,fees,Third Party Education Variffca€on fees,f1I:thare are nc court fees in Texse-
5 panel Drug Testing In Packages innhides Online Generation of CI-ain of Custody farm,cullecUon at Quest owned or Ouest
prnfemsd cnlleciion site,Lab Test and f ladies l Redrew Officer. If the City chooses to uee a third party cdlection site,:here will
an aodft on,,rherge.
—A-laWrte o6oin-q'nr S parva drug test includae Quer.Lab Test only. Collection and MRO will be added on.
DO I Speclal NDM. Quick Sea-ch is a Thlyd Per}'Adminisratur(TPA)for Oue6t Diagnostcs- Dues[does net zirrently offer
;try p".Im.exam capability. For other ForiVlorfh acccunts we ham,was have rade s:rarrgement`for them with Concentra
ror Vie DOT Pryslc3iExIn,
'^T4fllca ly'nr rxu ATS iniegratlm:to he no mat un fro-it,QLick Search requitee s minimum three year cont act.
It shotild Ue no:er:[Hitt Quk:k Search strnr•gly recommends addns the Untinimad Federal District search option for an add'tions!
"..`l appllca^.t to 4I1minate nny possible chanca of missing a Federal Ma"Crimina'Record-
F RE-EW PLOYM ENT CI IECKS RSP
Miscellaneous Fees:
A consulting fee of$150.00 per hour will be billed for special projects including not directly de-
archiving of results,backup of historical records, special reporting,monitoring of third-party
software feeds, consulting services,audit services,expert witness testimony and preparation. City
will be provided with a Statement of Work(SOW) and written cost estimate for the project
requested prior to the initiation of such additional work.
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EXHIBIT B
SIGNATURE VERIFICATION FORM
Full Legal Name of Company: uj ct-s� U SLLC cA6` 91A�+c < s✓��^--
Legal Address: k�r+L
Services to be provided:
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind the Company and to execute any
agreement, amendment or change order on behalf of Company. Such binding authority has been
granted by proper order,resolution,ordinance or other authorization of Company.The City is fully
entitled to rely on the warranty and representation set forth in this Form in entering into any
agreement or amendment with Company. Company will submit an updated Form within ten(10)
business days if there are any changes to the signatory authority.The City is entitled to rely on any
current executed Form until it receives a revised Form that has been properly executed by the
Company.
1. Name: n
Position:
q�
Signature
2. Name: ZJ�-vi j PAC
Position: s le r
Signature
3. Name:
Position:
Signature
Name: '^ ,
Signature of President/CEO/Officer
Other Title: 6&�S ►"�„r��,
Date: 1 b
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EXHIBIT C
RESPONSIBILITIES OF CITY REGARDING CONSUMER REPORTS
City understands that the providing of consumer reports by Contractor and use by
City is regulated federally under the Fair Credit Reporting Act, 15 U.S.C. §1681 et. seq.
("FCRA"). Further, these activities may also be regulated by state and local law. The
following provisions address the regulated issues:
City herby certifies that all of its orders for information products from Contractor
shall be made, and the resulting reports shall be used, for the following FCRA and/or
Drivers Privacy Protection Act 18 U.S.C. §2721 et. seq., ("DPPA")permissible purpose of
employment only.
CITY'S CERTIFICATION OF LEGAL COMPLIANCE
1. City further agrees such information products will be used for a one-time use and
will not resell or further distribute any report received from Contractor. City accepts full
responsibility for using the information products and services it receives from Contractor
in a legally acceptable fashion and the consequences of use and/or dissemination of those
products.
2. Because the information products City obtains from Contractor are to be used for
an employment purpose, City certifies that: (i) prior to obtaining or causing a "consumer
report" and/or "investigative consumer report" to be obtained, a clear and conspicuous
disclosure, in a document consisting solely of the disclosure, will be made in writing to the
consumer explaining that a consumer report and/or investigative consumer report may be
obtained for employment purposes. This disclosure will satisfy all requirements identified
in the FCRA, as well as any applicable state or local laws. The consumer will have
authorized, in writing, the obtaining of the report by City, except that oral consent is
acceptable for those consumers applying by mail, telephone, computer or other similar
means for a position over which the U.S. Secretary of Transportation has the power to
establish qualifications and maximum hours of service, e.g., commercial drivers; (ii)
provide to the individual a copy of the individuals rights required by the FCRA and any
applicable state law; (iii) that a reasonable amount of time prior to taking adverse
employment action against the individual who is the subject of the report, when such action
will be based in whole or in part upon the information contained in a report furnished by
Contractor, City will, except as otherwise provided by law, advise the subject of the intent
to take adverse action and provide a copy of the report and a description in writing of the
individual's rights under the FCRA; (iv) if the consumer is denied employment, or other
adverse employment action is taken based in whole or in part on the information products
provided by Contractor, City will provide to the consumer a notice that adverse action has
been taken and such notice shall include Contractors name, address and phone number,
that Contractor will provide a free copy of the report but Contractor cannot provide the
specific reasons why City took adverse action: (1) a copy of the report, and (2) a
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description, in writing, of the rights of the consumer required under the FCRA," and any
applicable state law notices.
3. Additional Required Terms If Requesting_Credit Reports (Section Required BY
Credit Bureaus)
(i) City is an employer that has a need for consumer credit information in
connection with the evaluation of some individuals for employment,promotion,
reassignment or retention as an employee ("Consumer Report for Employment
Purposes")
(ii) City shall request Consumer Report for Employment Purposes pursuant to
procedures prescribed by Contractor from time to time only when it is
considering the individual inquired upon for employment, promotion,
reassignment or retention as an employee, and for no other purpose, and the
credit report information is job related and consistent with business necessity.
(iii)City certifies that it will not request a Consumer Report for Employment
Purposes unless:
(a) A clear and conspicuous disclosure is first made in writing to the
consumer by City before the report is obtained, in a document that
consists solely of the disclosure that a consumer report may be obtained
for employment purposes;
(b) The consumer has authorized in writing the procurement of the report;
(c) Information from the Consumer Report for Employment Purposes will
not be used in violation of any applicable federal or state equal
employment opportunity law or regulation.
(iv)City further certifies that before taking adverse action in whole or in part based
on the Consumer Report for Employment Purposes,it will provide the consumer
with:
(a) A copy of the Consumer Report for Employment Purposes; and
(b) A copy of the consumer's rights, in the format approved by the Federal
Trade Commission as provided by Contractor.
(v) City shall use the Consumer Report for Employment Purposes only for a one-
time use, and shall hold the report in strict confidence, and not disclose it to any
third parties that are not involved in the employment decision.
(vi)Quick Search will also implement SwiftHire with Electronic Consent capability
as part of our initial implementation. Upon ATS integration (Taleo), records
shall be maintained for the minimum required period from the date of inquiry or
during the period of employment, tenancy or the like whichever is longer.
(vii) With just cause, such as violation of the terms of City's contract or a legal
requirement, or a material change in existing legal requirements that adversely
affects City's Agreement, Contractor may, upon its election,discontinue serving
City and cancel the Agreement immediately.
(viii) THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY
AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM
A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES
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SHALL BE FINED UNDER TITLE 18 OF THE UNITED STATES CODE OR
IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.
(ix) Contractor represents that, if it orders credit reports, it will have a policy
and procedures in place to investigate any discrepancy in a consumer's address when
notified by the credit bureau that the consumer's address, as submitted by the client,
substantially varies from the address the credit bureau has on file for that consumer.
Further, if Contractor hires the consumer or leases to the consumer and in the
ordinary course of its business it furnishes information to the credit bureau from
which the report came, that it will advise the credit bureau of the address it has
verified as accurate if that address is different from the one provided by the credit
bureau.
(x) City understands that some states restrict the use of credit reports for
employment purposes and/or require special forms and notices to be provided to the
consumer. City shall become familiar with these restrictions and/or requirements
and will comply with the same and will not order a credit report unless allowed to
do so under state law.
(xi) City understands that If credit information is obtained for purposes other
than employment, CITY has a permissible purpose for obtaining consumer reports
in accordance with the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.)
including, without limitation, all amendments thereto ("FCRA"). City certifies its
permissible purpose as:
a. In connection with a credit transaction involving the consumer on whom
the information is to be furnished and involving the extension of credit
to, or review or collection of an account of the consumer; or
b. In connection with the underwriting of insurance involving the consumer
or review of existing policy holders for insurance underwriting purposes,
or in connection with an insurance claim where written permission of the
consumer has been obtained; or
c. In accordance with the written instructions of the consumer; or
d. For a legitimate business need in connection with a business transaction
that is initiated by the consumer, including, but not limited to, tenant
screening; or
e. As a potential investor, servicer or current insurer in connection with a
valuation of, or assessment of, the credit or prepayment risks.
(xii) City certifies that City shall use the consumer reports: (a) solely for City's
certified use(s); and (b) solely for City's exclusive one-time use. City shall not
request, obtain or use consumer reports for any other purpose including, but not
limited to, for the purpose of selling, leasing, renting or otherwise providing
information obtained under this Agreement to any other party, whether alone, in
conjunction with City's own data, or otherwise in any service which is derived from
the consumer reports The consumer reports shall be requested by, and disclosed by
City only to City's designated and authorized employees having a need to know and
only to the extent necessary to enable City to use the Consumer Reports in
accordance with this Agreement. City shall ensure that such designated and
authorized employees shall not attempt to obtain any Consumer Reports on
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themselves, associates, or any other person except in the exercise of their official
duties. To insure compliance with the FCRA and applicable consumer reporting
laws and regulations, Contractor may request copies of documentation from City to
establish compliance when City, not Contractor,performs such function(s).
(xiii) City will request Scores only for City's exclusive use.City may store Scores
solely for City's own use in furtherance of City's original purpose for obtaining the
Scores. City shall not use the Scores for model development or model calibration
and shall not reverse engineer the Score. All Scores provided hereunder will be held
in strict confidence and may never be sold, licensed, copied, reused, disclosed,
reproduced, revealed or made accessible, in whole or in part, to any Person, except
(i) to those employees of City with a need to know and in the course of their
employment; (ii) to those third party processing agents and other contractors of City
who have executed an agreement that limits the use of the Scores by the third party
only to the use permitted to City and contains the prohibitions set forth herein
regarding model development, model calibration, reverse engineering and
confidentiality; (iii) when accompanied by the corresponding reason codes, to the
consumer who is the subject of the Score; (iv) to government regulatory agencies;
or(v) as required by law.
4. In addition to the requirements described above, City will include a statement in
the disclosure provided by the Contractor that the consumer has the right to request the
nature and scope of any investigative consumer report, a report based on personal
interviews and a copy of the document entitled: "A Summary of Your Rights Under the
Fair Credit Reporting Act." If the consumer makes a written request within a reasonable
amount of time,City will provide: (1)information about whether an investigative consumer
report has been requested; (2) if an investigative consumer report has been requested, (3)
written disclosure of the nature and scope of the investigation requested; (4) Contractor's
contact information, including complete address and toll-free telephone number, and (5)
the SUMMARY OF RIGHTS described above. This information will be provided no later
than five days after the request for such disclosure was received from the consumer or such
report was first requested, whichever is the later.
5. In compliance with Fair Credit Reporting Act (FCRA) Section 613, Contractor
"maintains strict procedures designed to insure that whenever public record information
which is likely to have an adverse effect on a consumer's ability to obtain employment is
reported it is complete and up to date. It is Contractor's policy to research, to the extent
reasonably possible, any inconclusive or incomplete statewide, federal or any other court
search data at the appropriate Ievel before final results are reported. In the event Contractor
receives inconclusive information from a search of a court record search or other
repository, Contractor will automatically order the appropriate confirmation search(es) or
docket(s).City agrees that any court fees, document retrieval fees and service fees for these
confirmations will be the responsibility of the City.
6. International searches are obtained from third party contractors which have access
to records in the country in question. City understands that the content and availability of
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records varies widely from country to country. While we believe that the third party
contractors are reliable, we cannot guarantee that their work is complete or that the record
itself is in fact accurate.
7. City understands that searches performed utilizing any database type searches is a
research tool only, and under no circumstances does Contractor provide this search as a
substitute for a search at the trial or agency level. Contractor will use the database to
identify possible records that should be reviewed as part of the background screen.
However City understands that no database,public or private, contains all records from all
agencies or courts. The lack of a name match in any database search does not indicate that
the person has no record, but only that one was not found in that database search. However,
the database is a valuable tool in helping employers cover a wider area and identify where
to search for more information. Where practical,Contractor verifies court and other records
of any and all other positive matches or hits from applicable databases.
8. City certifies that Moving Violation Reports and/or Driving Records(MVRs) shall
only be ordered in strict compliance with the Driver Privacy Protection Act("DPPA", at 18
U.S.C. § 2721 et seq.) and any related state laws. City further certifies that no MVRs shall
be ordered without first obtaining the written consent, except for commercial drivers,of the
consumer to obtain"driving records," evidence of which shall be transmitted to Contractor
in the form of the consumer's signed release authorization form if the permissible use is not
specifically listed in the DPPA beyond"written authorization". City also certifies that it will
use this information additionally only in the normal course of business to obtain lawful
information relating to the holder of a commercial driver's license or to verify information
provided by an applicant or employee. City shall not transmit any data contained in the
resulting MVR via the public internet or any other unsecured means. City further certifies
that it will be solely responsible for execution of the appropriate consent forms provided by
Contractor or other documents allowing Contractor to access driving records. Contractor
reserves the right to deny access to any such state's driving records if they become aware
of the lack of appropriate executed documentation.
9. Additional Requirements for Adverse Action,Adjudication and Other
Administrative Services
A. As an administrative service only, Contractor at the request of and based on
criteria established and provided to Contractor by the City ("Criteria"), for an
additional charge,may send out pre-adverse and adverse action letters. If at any
time, a pre-adverse or adverse action letter("adverse action letters")is returned
to Contractor as "undeliverable" or otherwise returned without being delivered
to the consumer,Contractor will contact City to confirm the address on file was
entered into Contractor's system correctly and if so, to obtain an alternate
address to which Contractor will resend the returned letter. Contractor will not
be responsible for attempting to contact the consumer or take any other actions
related to the return or inability to deliver the adverse action letters on City's
behalf. City understands that providing adverse action letters is the ultimate
responsibility of the City under the Fair Credit Reporting Act, as such City is
responsible for any claims arising out of the timing and/or method of notice
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requested by City for Contractor to follow. Contractor does not assume any
responsibility for the prompt or"normal"delivery schedule with the method of
notification designated by City, rather Contractor will apply the schedule and
method provided by City.
B. As an administrative service only, Contractor at the request of the City will
apply City's hiring Criteria which is provided to Contractor by City, to
adjudicate or"grade"Consumer Reports. Contractor assumes no responsibility
for the appropriateness of City's selection criteria. City agrees to consult with
its own legal counsel to determine the appropriateness of the selection of
criteria, its application and use. City understands that Contractor does not act
as legal advisor to City. If either party receives notice of such claim it shall
promptly notify the other party in writing. City hereby appoints Contractor as
its limited agent to perform such administrative procedures on City's behalf by
applying and using City's guidelines and processes. Contractor's performance
of any such service shall in no way constitute an employment decision being
made by Contractor which is only acting on behalf of the City. City understands
and agrees that it shall take full responsibility for making employment decisions
about a Consumer.
C. City retains sole responsibility at all times for complying with applicable law
related to adverse action, adjudication and other Administrative services
performed by Contractor on behalf of City.All employment-related information
collected and decisions(including adverse action notifications)made, including
hiring eligibility,contracting and site-access decisions are made by City, not by
Contractor. It is City's responsibility to ensure all adjudicated services follow
FCRA dispute and regulatory processes. City shall assume full responsibility
for such decisions.
D. City certifies that its selection criteria are guidelines and not absolute
disqualifications. Pre-adverse action notices sent by Contractor will not reflect
any final employment decision, and City will utilize the period between the pre-
adverse action notice and the decision to take adverse action to consider any
dispute as to the accuracy of the information and any mitigating circumstances
regarding the offense and rehabilitation of the consumer.
10. Third Party Integrations(if applicable): Set-up and annual maintenance fees apply.
It is City's responsibility to ensure that all information that Contractor requires to perform
a background check is passed through the third-party feed to the Contractor system. Any
third party fees are the responsibility of the City. Future changes to City's packages,
services or programs including the third party vendor's systems may result in additional
programming fees being passed through by Contractor to City. Notwithstanding the
foregoing, there shall be no charge for Taleo platform integration.
11. Contractor strives to deliver accurate and timely information products and services
in the form of consumer reports to assist City in making intelligent and informed decisions
for a permissible purpose under applicable law. To this end, Contractor assembles
information from a variety of fallible (human and otherwise) sources, including databases
maintained by consumer reporting agencies containing information from public records,
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other information repositories and third-party researchers. The parties acknowledge that
these information sources and resources are not maintained by Contractor. Therefore,
Contractor cannot be a guarantor that the information provided from these sources is
absolutely accurate or current. However Contractor believes these sources of information
are reliable.Nevertheless,Contractor has in place procedures designed to respond promptly
to claims of incorrect or inaccurate information in accordance with applicable law.
12. The parties acknowledge they must work together to protect the privacy of
consumers. The following measures are designed to reduce unauthorized access of
information products. In accessing information products, City agrees to the following,
which are followed by Contractor in its operations:
A. City will comply with the management policies, plans, and procedures provided in
the IT Security Policy(Administrative Regulation D-5).
B. City agrees it will not discuss its account number or password by telephone with any
unknown caller, even if the caller claims to be an employee of Contractor.
C. City will restrict the ability to obtain consumer information to a few specifically
designated personnel who have a"need to know" of such information.
D. City agrees to place all terminal devices used to obtain consumer information in a
secure location within its facility so that unauthorized persons cannot easily access
them.
E. City agrees it will turn off and lock all devices or systems used to obtain consumer
information.
F. City will secure hard copies and electronic files of consumer reports within its
facility so that unauthorized persons cannot easily access them.
G. City agrees, to the extent permitted by law, to shred and/or destroy all hard copy
consumer reports when they are no longer needed and erase and overwrite or
scramble electronic files containing consumer information when no longer needed
and when applicable regulation(s)permit destruction.
K. City agrees to notify its employees/applicants that City can access credit information
only for the permissible purposes listed in the Fair Credit Reporting Act.
13. Requests for services are initiated by City once they are submitted to Contractor by
any ordering method. It is City's sole responsibility to request and order the desired
services/packages on a specific consumer. Since many services are either "instant" or
immediately dispatched to researchers, once submitted, the City will be charged for those
services requested.
14. Warranties and Remedies
A. City understands that Contractor obtains the information reported in its information
products from various third party sources "AS IS", and therefore is providing the
information to City "AS IS." Contractor makes no representation or warranty
whatsoever, express or implied, including but not limited to, implied warranty of
fitness for particular purpose, or implied warranties arising from the course of
dealing or a course of performance with respect to the accuracy, validity, or
completeness of any information products and/or consumer reports, that the
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information products will meet City's needs,or will be provided on an uninterrupted
basis; Contractor, likewise, makes no representation or warranty whatsoever,
express or implied, including but not limited to, implied warranty or fitness for
particular purpose, or implied warranties arising from the course of dealing or a
course of performance with respect to any of the services it provides either set forth
herein or in applicable addenda. Contractor expressly disclaims any and all such
representations and warranties. Contractor will, however, maintain reasonable
procedures to ensure maximum accuracy of the information it reports in compliance
with the FCRA and similar applicable state and local laws. Contractor will
accurately transmit the information it receives from the sources of information.
Neither party will be liable for any indirect, incidental, consequential, or special
damages for loss of profits, whether incurred as a result of negligence or otherwise,
even if the other party has been advised of the possibility of such damages.
B. Contractor shall indemnify,defend and hold City harmless from and against any and
all claims, demands, costs, expenses and liabilities of any kind or nature, including,
without limitation, reasonable attorneys' fees and costs, which may be incurred by
City resulting from Contractor's breach of this Agreement and /or any addendum
hereto or violation of any applicable law relating to providing its information
products or services. However, Contractor's maximum aggregate liability for
damages relating to its indemnification obligations or any services provided in this
Agreement shall not exceed an amount equal to the price paid by City to Contractor
for the consumer reports at issue.
C. This "Warranties and Remedies" section pertains to any and all services provided
by Contractor including, but not limited to, background screening services, drug
testing and occupational healthcare services and all other services Contractor may
provide.
D. Contractor represents and warrants that it has valid and enforceable intellectual
property and other applicable proprietary rights in the devices and systems provided
by Contractor to City and that the information furnished by Contractor to City has
not been obtained by Contractor in violation of the rights of any third party. City
acknowledges that Contractor is the owner or authorized licensee of all programs
and processes used to provide reports to City. Nothing in this Agreement transfers
any right, interest or ownership to City in such programs and/or processes. This
includes any additions or modifications made to programs and processes to serve
City.
15. All documents, forms and notices including compliance documents provided by
Contractor are considered "Samples" and are not to be considered legal advice or counsel.
These include,but are not limited to: Adverse Action Letters,Disclosure and Authorization
Forms, or other documents and forms. City agrees that it will consult with its own legal or
other counsel regarding the appropriateness and/or use of such documents. To the extent
permitted by law, City accepts sole responsibility for any and all consequences of use
and/or dissemination of compliance and other documents provided by Contractor. City
acknowledges receipt of the following notifications created by the federal regulations:
Summary of Rights and Notice to Users.
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City of Fon Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/14/2016
DATE: Tuesday, June 14, 2016 REFERENCE;NO.: **P-11881
LOG NAME: 13P16-0154 PRE—EMPLOYMENT CHECKS MJR HUMAN RESOURCES
SUBJECT:
Authorize Execution of a Contract with QuickSIUS, L.L.C. d/b/a Quick Search in the Amount Up to $65,500.00
for the Initial Term for Pre—Employment Checks for the Human Resources Department (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of contract with QuickSIUS, L.L.C. d/b/a Quick
Search in the amount up to $65,500.00 for the initial term for pre—employment checks for the Human Resources
Department
DISCUSSION:
The Human Resources Department will use this contract to provide pre—employment background and screening
checks of candidates on an as needed basis.
RFP ADVERTISEMENT — A Request for Proposals (RFP) was advertised in the Fort Worth Star—Telegram
every Wednesday from March 16, 2016 through April 13, 2016. The evaluation factors consisted of references,
contractor overall ability to respond and meet specifications of the project, electronic capability, and proposed
contract price. Forty—two vendors were solicited from the purchasing vendor database system; 15 responses
were received. The proposals were reviewed by an evaluation committee consisting of staff from the Human
Resources Department. The proposal from QuickSIUS, L.L.C. d/b/a Quick Search was determined to present
the best value to the City.
PRICE ANALYSIS —Prices under this contract present an overall seven percent increase than previously
awarded on July 10, 2010. The Federal Reserve Economic Data for professional services increased thirteen
percent from 2010 to 2016. No guarantee was made that a specific amount services would be
purchased. However, Human Resources Department may spend up to $65,500.00 with the contractor during the
initial term of this Agreement.
M/WBE OFFICE— A waiver of the goal for MBE/SBE subcontracting requirements was requested by the
Purchasing Division and approved by the M/WBE office, in accordance with the BDE ordinance, because the
purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible.
ADMINISTRATIVE CHANGE ORDER— An administrative change order or increase may be made by the City
Manager in the amount of up to $16,000.00 and does not require specific City Council approval as long as
sufficient funds have been appropriated.
CONTRACT TERMS — Upon City Council's approval, the contract will begin upon complete execution and
expire on June 14, 2017.
RENEWAL OPTIONS —This contract may be renewed for up to four successive one—year periods under the
same terms and conditions. The renewals will not require City Council approval provided that the City Council
has appropriated sufficient funds to satisfy the City's obligations during the renewal term.
FISCAL INFORMATION;CERTIFICATION:
The approval of this action provides purchasing authority up to $65,500.00. The Director of Finance certifies
that funds for the Fiscal Year 2016 portion of this contract in the amount of$21,833.00, are available in the
current operating budget, as appropriated, of the Human Resources Department.
The department will seek additional funding for the Fiscal Year 2017 portion of the contract via the Fiscal Year
2017 budget process or absorb the expense within its current operating budget. The Human Resources
Department has the responsibility to validate the availability of funds prior to an expenditure being made.
BQN\\
FUND IDENTIFIERS (FIDs):
TO
Fund Department ID Account Project ID Program Activity Budget YearReference#(Chartfield 2)Amount
FO
Department Project ProgramActivity Budget Reference#(Chartfield Amount
Fund ID Account ID year 2)
10100 5330201 0141000 $21,833.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Aaron Bovos (8517)
Additional Information Contact: Jane Rogers (8385)
Jack Dale (8357)
ATTACHMENTS
1. 16-0154 Quick Search 1295 Form.odf (Public)
2. HRSCD-16-00342321.12df (CFw Internal)
3. Quicksius Quick Search EPLS 16,12df (CFw Intemal)
4. Waiver 16-0154.12df (CFw Intemal)