HomeMy WebLinkAboutContract 45161-A2 (2);4W
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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