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HomeMy WebLinkAboutContract 45161-A2 (2);4W , 4 t9ria , RECEIVED SEP 2 5 2015 ail? OF FORTWOR'II CITE' SECRETARY AMENDMENT NO. 2 TO CITY SECRETARY CONTRACT NO. /16161 PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF FORT WORTH AN D/ KFORCE, INC. Cirl SECRETARY 5lio rietja., CONTRACT T O0 giaasiazianiaseasSoreernius This Amendment No. 2 ("Amendment") to City Secretary Contract No. 45161 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 Kforce, Inc., ("Consultant" or `Contractor"), a Florida corporation and acting by and through Scott Robinson, its duly authorized Managing Director, each individually referred to as a "party" and collectively referred to as the "parties." RECITALS The following provisions are true and correct and form the basis of this Amendment: WHEREAS, on or about November 27, 2013, the parties entered into a Professional Services Agreement ("Agreement") for professional consulting services for the purpose of staff augmentation, permanent placements, and specific contractor project duties as defined by the City for technology related services under the terms and conditions set forth in the Agreement. The Agreement is a public document on file in the City's Secretary Office and referenced as City Secretary Contract No. 45161; and WHEREAS, on or about August 22, 2014, the parties subsequently amended the Agreement via City Secretary Contract No. 45161-Al, to exercise the first option to renew; and supplemented the Agreement to add the Federal Bureau of Investigation Criminal Justice Information Services Security ("CJIS") Addendum as required by Title 28, Code of Federal Regulations, Part 20, such addendum identified as City Secretary Contract No. 45161-AD1 which was incorporated into the Agreement (the "Addendum"). City Secretary Contract Nos. 45161, 45161-Al, and 45161-AD1 are hereby collectively referred to as the ("Agreement"); and WHEREAS, the Agreement provided an Initial term expiring August 7, 2014, with options to renew for two (2) additional terms of one year each. The City wishes to exercise its second option to renew the Agreement, subject to the terms and conditions of this Amendment; and WHEREAS, due to CJIS regulations, it has become necessary to further amend the Agreement to terminate the Addendum previously incorporated into the Agreement and replace it with a separately executed Addendum. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Consultant agree as follows: 1. OFFICIAL RECORDF CITY SECRETARY`' ET. WORTH, TY �' Section 2 of the agreement shall be modified to extend the term of the Agreement with the renewal term commencing on August 8, 2015 and expiring on August 7, 2016. 2 Section 27 2 of the agreement shall be modified to read: "27 2 Federal Law Enforcement Database Access. If Consultant, or any Consultant Personnel, requires access to any federal law enforcement database or any federal criminal history record information system, including but not limited to Fingerprint Identification Records System ("FIRS"), Interstate Identification Index System ("III System"), National Crime Information Center ("NCIC") or National Fingerprint File ("NFF"), or Texas Law Enforcement Telecommunications Systems ("TLETS"), that is governed by and/or defined in Title 28, Code of Federal Regulations Part 20 ("CFR Part 20"), for the purpose of providing services for the administration of criminal justice as defined therein on behalf of the City or the Fort Worth Police Department under this Agreement, Consultant shall comply with the Criminal Justice Information Services Security Policy and CFR Part 20, as amended, and shall separately execute the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum in the form attached hereto as Exhibit "G" and incorporated herein for all purposes.' No changes, modifications, alterations, or amendments shall be made to the Security Addendum. The document shall be executed as is in the attached Exhibit G, or as subsequently approved by the Texas Department of Public Safety or the United States Attorney General. 3. Execution of this Amendment terminates CSC No. 45161-AD1. 4. All other provisions of the Agreement that are not expressly amended herein shall remain in full force and effect. Executed on this the to day of 2f9t&-k4k°O15. CITY OF FORT WORTH: Date: KFORCE, INC.: nkr By: usan Alanis Scott nson ssistant City Manager Managing Director 91e4) 'Jo Kforce, Inc. Amendment No. 2 to CSC No. 45161 Page 2 of 12 Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX (4A° if i C,021,_ - --_____,_, ATTEST: By: APPROVED AS TO FORM AND L Y. Maleshia B Farmer Senior Assistant City Attorney Contract Authorization: M&C: C-26551 Date Approved: _11 /5/2013_ I{force, Inc. Amendment No. 2 to CSC No. 45161 Page 3 of 12 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT G FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES SECURITY ADDENDUM Kforce Inc. Amendment No. 2 to CSC No. 45161 Page 4 of 12 Agencp Identification Agency Name FORT WORTH POLICE DEPARTMENT Agency Address 1000 THROCKMORTON STREET City FORT WORTH. TX Agency Representative (Title and Name) CHIEF OF POLICE Phone Number Email address Contractor Identification Company Nnnw Company Address CI ly Contrac for Representative (Idle and Name) Phone Number Lawn addioss fax Number Fax Number Submit hard copies and any applicant finger print cards to: Via USPS: Texas Department of Public Safety CJIS Security Office \ Information Technology PO Box4143MSC214 Austin, TX 78765-4143 ORI Lip 76102 Stale Illp Via overnight carrier: Texas Department of Public Safety CJIS Security Office \ Information Technology 5805 N. Lamar, Bldg. G Austin, TX 78752 Email can be sent to: Security.Committccariitxdns.statc.tx.us Main olTice number is: (512) 424-5686 Parties may use the following Security Addendum with the Texas Signatory Page or, m their contract, choose to incorporate the Security Addendum by reference. If the Addendum is incorporated by reference into the contract, a copy of the contract must be provided to the TX DPS CHIS Security Office. Kforce Inc. Amendment No. 2 to CSC No. 45161 Page 5 of 12 FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES SECURITY ADDENDUM Legal Authority for and Purpose and Genesis of the Security Addendum Traditionally, law enforcement and other criminal justice agencies have been responsible for the confidentiality of their information. Accordingly, until mid-1999, the Code of Federal Regulations Title 28, Part 20, subpart C, and the National Crime Information Center (NCIC) polie) paper approved December 6, 1982, required that the management and exchange of criminal justice information be performed by a criminal justice agency or, in certain circumstances, by a noncriminal justice agency under the management control of a criminal justice agency. In light of the increasing desire of governmental agencies to contract with private entities to petfonn administration of criminal justice functions, the 1-13I sought and obtained approval from the United States Department of Justice (DOJ) to permit such privatization of traditional law enforcement fnnctions under certain controlled circumstances. In the Federal Register of May 10, 1999, the FBI published a Notice of Proposed Rulemaking, announcing as follows: 1. Access to CIIRI [Criminal history Record Information] and Related Information, Subject to Appropriate Controls, by a Private Contactor Pursuant to a Specific Agreement with an Authorized Governmental Agency To Perform an Administration of Criminal Justice Function (Privatization). Section 534 of title 28 of the United States Code authorizes the Attorney General to exchange identification, criminal identification, crime, and other records for the official use of authorized oflieials of the federal government, the states, cities, and penal and other institutions. This statute also provides, however, that such exchanges are subject to cancellation if dissemination is made outside the receiving departments or related agencies. Agencies authorized access to CIIRI traditionally have been hesitant to disclose that information, even in furtherance of authorized criminal justice functions, to anyone other than actual agency employees lest such disclosure be viewed as unauthorized. In recent years, howeverr, governmental agencies seeking greater efficiency and economy have become increasingly interested in obtaining support services for the administration of crimitra! justice from the private sector. With the conounence of the FBI's Criminal Justice Information Services (CJIS) Advisory Policy Board, the DOJ has concluded that disclosures to private persons and entities providing support senticcs for criminal justice agencies may, when subjeot to appropriate controls, properly be viewed as permissible disclosures for purposes of compliance with 28 U.S.C. 534. We arc therefore proposing to revise 28 CFR 20.33(a) (7) to provide express authority for such arrangements. The proposed authority is similar to the authority that already exists in 28 CFR 20.21(b)(3) for state and local CHRI systems. Provision of CHRI under this authority would only be permitted pursuant to a specific agreement with an authorized governmental Kforce Inc Amendment No. 2 to CSC No. 45161 Page6of12 agency for the purpose of providing services for the administration of criminal justice. The agreement would be required to incorporate a security addendut r approved by the Director of the FBI (acting for the Attorney General). The security addendum would specifically authorize access to CHRI, limit the use of the information to the specific purposes for which it is being provided, ensure the security and confidentiality of the information consistent with applicable laces and regulations, provide for sanctions, and contain such other provisions as the Director of the FBI (acting for the Attorney Ueneral) may require. The security addendum, buttressed by ongoing audit programs of both the FBI and the sponsoring governmental agency, will provide an appropriate balance, between the benefits of privatization protection of individual privacy interests, and preservation of the security of the FBI's CIIRI systems. The FBI will develop a security addendum to be made available to interested governmental agencies. We anticipate that the security addendum will include physical and personnel security constraints histoncally required by NCIC security practices and other programmatic requirements, together with petnonal integrity and electronic security provisions comparable to those in NCIC Usci Agreements between the FRI and criminal justice agencies, and in existing Management Control Agreements between criminal justice agencies and noncriminal justice governmental entities. The security addendum will make clear that access to CHRI will be limited to those officers and .mployecs of the private contractor or its subcontractor who require the information to properly perform services for the sponsoring governmental agency, and that the service provider may not access, modify, use, or disseminate such information for inconsistent or unauthorized purposes. Consistent with such intent, Title 28 of the Code of Federal Regulations (C.F.R.) was amended to read: § 20.33 Dissemination ofcriminal history record information. a) Criminal history record information contained in the Interstate Identification Index (III) System and the Fingerprint Identification Records System (FIRS) may be made available: 1) To criminal justice agencies for criminal justice purposes, which purposes include the screening of employees or applicants for employment hired by criminal justice agencies. 2) '1'o noncriminal justice governmental agencies performing criminal justice dispatching firnctions or data processing/information services for criminal justice agencies; and 3) To private contactors pursuant to a specific agreetent with an agency identified in paragraphs (a)(1) or (a)(6) of this section and for the purpose of providing services for the administration of criminal justice pursuant to that agreement. The agreement must incorporate a security addendum approved by the Attorney General of the United Kforce Inc. Amendment No. 2 to CSC No. 45161 Page 7of12 States, which shall specifically authorize access to criminal history record information, limit the use of the information to the purposes for which it is provided, ensure the security and confidentiality of the information consistent with these regulations, provide for sanctions, and contain such other provisions as the Attorney General may require. The power and authority of the Attorney General hereunder shall be exercised by the FR I Director (or the Director's designee). This Security Addendum, appended to and incorporated by reference in a govemment-private sector contract entered into for such put -pose, is intended to insure that the benefits of privatization are not attained with any accompanying degradation in the security of the national system of criminal records accessed by the contracting private party. This Security Addendum addresses both concerns for personal integrity and electronic security which have been addressed in previously executed user agreements and management control agreements. A government agency may privatize functions traditionfilly performed by criminal justice agencies (or noncriminal justice agencies acting under a management control agreement), subject to the terns of this Security Addendum. If privatized, access by a private contractor's personnel to NCIC data and other CJIS information is restricted to only that necessary to perform the pit atized tasks consistent with the government agule)'s function and the focus of the eontract. II privatized the contractor may not access modify, use of disseminate such dean in any manner not expressly authorized by the govcmment agency in consultation with the FI3I. Kforce Inc. Amendment No. 2 to CSC No. 45161 Page 8of12 FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES SECURITY ADDENDUM Thu goal of this document is to augment the CJIS Security Policy to ensure adequate seemity is provided tor criminal justice systems while (1)under the control or management of a private entity or (2) connectivity to FBI CJIS Systems has been provided to a private entity (contractor). Adequate security is defined in Office of \Management and Budget Circular A- 130 as "securit) commensurate with the t isk and magnitude of hann resulting from the loss, misuse, or unauthorized access to or modification of information." The intent of this Security Addendum is to require that the Contractor maintain a security program consistent with federal and state laws, regulations and standards (including the CJIS Security Policy in effect when the contract is executed), as well as v,ith policies and standards established by the Criminal Justice Information Services (CJIS) Advisory Policy Board (APB). This Security Addendum identifies the duties and responsibilities with respect to the installation and maintenance of adequate intent al controls within the contractual relationship so that the security and integrity ofthc FRPs information tesources art not compromised. The security program shall include consideration of personnel seemity, site security, system security, and data scout ity, and technical security. The provisions of this Security Addendum apply to all personnel, systems, networks and support facilities supporting and/or acting on behalf of the government agency. 1.00 Definitions 1.01 Contracting Government Agency (CGA) - the government agency, whether a Criminal Justice Agency or a Noncriminal Justice Agency, which enters into an agreement with a private contractor subject to this Secuity Addendum. 1.02 Contractor - a private business, organization or individual which has entered into am agreement for the administration of criminal justice with a Criminal Justice Agency or a Noncriminal Justice Agency. 2.00 Responsibilities of the Contracting Goventntcnt Agency. 2.01 The CGA will ensure that each Contractor employee receives a copy of the Security Addendum and the CJIS Security Policy and executes an acknowledgment of such receipt and the contents of the Security Addendum. The signed acknowledgments shall remain in the possession of the CGA and available for audit purposes. 3.00 Responsibilities of the Contractor. 3.01 The Contractor will maintain a security program consistent with federal and slate laws, regulations, and standards (including the CJIS Security Policy in effect when the oontr'tet is executed), as well as with policies and standards established by the Criminal Justice Information Services (CJIS) Advisory Policy Board (APB). 4.00 Security Violations. 4.01 The CGA must report security violations to the CJIS Systems Officer (CSO) and the Director, FBI, along with indications of actions taken by the CGA and Contractor. Kforce Inc. Amendment No. 2 to CSC No. 45161 Page 9of12 4.02 Security violations can justify termination of the appended agreement. 4.03 Upon notification, the FBI reserves the right to: a. Investigate or decline to investigate any report of unauthorized usc; b. Suspend or terminate access and services, including telecommunications links. The FBI will provide the CSO with timely written notice of the suspension. Access and services will be reinstated only after satisfactory assurances have been provided to the FBI by the CJA and Contractor. Upon termination, the Contractor's records containing CHRI must be deleted or retuned to the CGA. 5.00 Audit 5.01 The FBI is authorized to perform a final audit of the Contractor's systems alter termination of the Smithy Addendum. 6.00 Scope and Authority 6.01 This Security Addendum dots not confer, grant, or authorize any rights, privileges, or obligations on any persons other than the Contractor. CGA, CJA (where applicable). CSA, and FBI. 6.02 The following documents are incorporated by reference and made, part of this agreement: (1) the Security Addendum; (2) the NC:IC 2000 Opetating Manual; (3) the CJIS Security Policy; and (4) Title 28, Code of Federal Regulations, Part 20. The parties arc also subject to applicable federal and state laws and regulations. 6.03 The terms set forth in this document do not constitute the sole understanding by and betwce.n the parties hurcto; rather they augment the provisions of the CJIS Security Policy to provide a minimum basis for the security of the system and contained information and it is understood that there may be terms and conditions of the appended Agreement which impose more stringent requirements upon the Contractor. 6.04 This Security Addendum may only be modified by the 1,I3I, and may not be modified by the parties to the appended Agreement without the consent of the FBI. 6.05 All notices and correspondence shall be fonvarded by First Class mail to: Assistant Director Criminal Justice Information Services Division, FBI 1000 Custer Hollow Road Clarksburg, West Virginia 26306 Kforce Inc. Amendment No. 2 to CSC No. 45161 Page 10 of 12 FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES SECURITY ADDENDUM CERTIFICATION I hereby certify that I am familiar with the contents of (1) the Security Addendum, including its legal authority and propose; (2) the NCIC 2000 Operating Manual, (3) the CJIS Security Policy; and (4) Title 28, Code of Federal Regulations, Part 20, and agree to be bound by their provisions. 1 recognize that criminal history record information and related data, by its very nature, is sensitive and has potential for great hams if misused. I acknowledge that access to criminal history record information and related data is therefore limited to the purpose(s) for which a government agency has entered into the contract incorporating this Security Addendum. I understand that misuse of the system by, among other things: accessing it without authorization; accessing it by exceeding authotzation; accessing it for an improper purpose; using, disseminating or re -disseminating information received as a result of this contract for a purpose other than that envisioned by the contract, may subject me to administrative and criminal penalties. I understand that accessing the system for an appropriate purpose and then using, disseminating or re -disseminating the information received for another purpose other than execution of the contract also constitutes misuse. I further understand that the occurrence of misuse does not depend upon whether or not I receive additional compensation for such authorized activity. Such exposure for misuse includes, but is not limited to, suspension or loss of employment and prosecution for state and federal crimes. Signature of Contractor Employee Dale Printed or Typed Contractor Employee Name Sex: Race: DOB: State/ID or DE Signature of Contractor Representative Date Printed or Typed Name of Contractor Representati\ e Organization Name and Representative's "title Kforce, Inc. Amendment No. 2 to CSC No. 45161 Page 11 of 12 Texas Signatory Page 'Illy undersigned parties agree that the Security Addendum is now a part of the contract between the entities, The parties agree to abide by all requirements of the SecurityAddenchun and the CJISSecurity Policy, and it shall remain in force for the term of the contract. Any violation of this addendum constitutes a bre tell of the contract. To the extent there is a conflict between a confidentiality clause in the underlying contract and the Securit} Addenchim and/or the CUM Securi9, Pohcy, the Secvtrrt,Addendum Ind the MS Security Po/icy shall govern an} information covered by the Security Addendum and/or the CJISSecurity Policy. (To be signed and dated by the vendor and haw enforcement agency representative(s) who signed the original contract, or at least who have authority to bind each entity.) Printed Name of Agency Representative Signature of Agency Representative Chief of Police '1'ttle Fort Worth Police Department Agency Name and ORI Date Printed Name of Vendor (Contractor) Representative Signature of Vendor (Contractor) Representative Title Vendor Organization Name Date Kforce Inc. Amendment No. 2 to CSC No. 45161 Page 12 of 12 M&C Review Page 1 of 3 ITY COUNCIL AGENDA Official site of the City of Fort Worth, Texas FORT WORTH Therr COUNCIL ACTION: Approved As Amended on 11/5/2013 DATE: 11/5/2013 REFERENCE C-26551 LOG NAME: NO.: CODE - SUBJECT: C TYPE NON- PUBLIC CONSENT HEARING: 04TECHNOLOGY STAFFING AND PLACEMENT SERVICES MULTIPLE AWARD NO Ratify Expenditures in the Amount of $7,473.00 and Authorize Execution of Professional Services Agreements for Technology Staffing and Placement Services with Apex Systems, Inc., Kforce Inc., Sentari Technologies, Inc., and TEKsystems, Inc., Using Multiple Texas Department of Information Resources Contracts for the Information Technology Solutions Department in the Combined Aggregate Amount of $3,142,630.00 on an Annual Basis (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to ratify expenditures in the amount of $7,473.00 and authorize the execution of Professional Services Agreements for Technology Staffing and Placement Services, using multiple Texas Department of Information Resources contracts with Apex Systems, inc., using DIR-SDD-2274 with Kforce inc., using DiR-SDD- 2337 with Sentari Technologies, Inc., using DIR-SDD-2385 and with TEKsystems, Inc., using DIR- SDD-2367 for the Information Technology Solutions Department in the combined aggregate amount of $3,142,630.00 on an annual basis. DISCUSSION: The purpose of these Professional Services Agreements (Agreements) is to allow the Information Technology Solutions (ITS) Department and other City departments, to have Agreements in place for staff augmentation to assist in the development and implementation of technology projects and to use as temporary backfills for staffing vacancies. These projects would include, but are not limited to: Public Safety Radio Communications System Upgrade; Radio Tower Replacement Project; S oftware package installation and implementation - i.e., e-mail archiving system, Windows 7, etc.; and Migrations of unsupported database versions to the most recent and supported version of MS SQL S erver database. Funds are included in the approved operating and capital budgets of the specific projects. Texas Department of Information Resources (DiR) is authorized to offer the Cooperative Purchasing Program to state agencies, public institutions of higher learning, public school districts and local governments. Pursuant to state law, a local government that purchases goods or services under the Interlocal Cooperation Act satisfies otherwise applicable competitive bidding requirements. MIWBE OFFICE - A waiver of the goal for MBE/SBE subcontracting requirements was requested by the IT Solutions Department and approved by the M/WBE Office, in accordance with the MANSE or BDE Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. AGREEMENT TERMS - Upon City Council approval, these Agreements shall be authorized for a combined aggregate amount of $3,142,630.00 annually. Each Agreement shall begin on November 6, 2013 and expire on the dates indicated below to coincide with the expiration dates of the fftn•IhnnC rfnmat nrn/nniirinhl r1n,.1ro+/,-r.., • nTTI—i nnnn n •1 VERIFICATION OF SIGNATURE AUTHORITY Full Legal Name of Company: Kforce, Inc. Legal Address: 801 Cherry St, Suite 225, Fort Worth, TX 76102 Services to be provided Supplemental staff augmentation and permanent placement services 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. Name: Mackenzie Shelton Position: Strategic Relationship Director Signature N ame. Position: S ignature N ame. Position: S ignature Nam- Printed): Scott Robinson ignat re of President / CEC Other Title: Managing / `Director (� Date: o2 /b / �L