HomeMy WebLinkAboutContract 53902-A1DocuSign Envelope ID: 101EFA76-2B75-4D66-AFDC-6DABF8007B72
CSC# 53902-A1
AMENDMENT NO. 1 TO
FORT WORTH CITY SECRETARY CONTRACT NO. 53902
This Amendment is made between the City of Fort Worth ("Fort Worth") and Corporate
Cost Control, Inc. ("Consultant").
WHEREAS, Fort Worth and Consultant entered into an Agreement identified as Fort
Worth City Secretary Contract No. 53902 beginning May 11, 2020 (the "Agreement"); and
WHEREAS, it is the collective desire of both Fort Worth and Consultant to amend the
scope of services to the Agreement so that Consultant can provide employment verification
services.
NOW THEREFORE, Fort Worth and Vendor, acting herein by the through their duly
authorized representatives, agree to the following terms, which amend the Agreement as follows:
1. "Agreement Documents" as listed on page 1 of the Agreement is hereby
amended to include the following documents and read as follows:
AGREEMENT DOCUMENTS:
The Agreement documents will include the following:
1. This Vendor Services Agreement;
2. Exhibit A- Scope of Services;
3. Exhibit A-1- Employment Verification Services Schedule;
4. Exhibit B- Price Schedule; and
5. Exhibit C- Verification of Signature Authority Form.
Exhibits A, A-1, B and C are made a part of this Agreement for all purposes. In the
event of any conflict between the terms and conditions of Exhibits A, A- 1, B or C
and the terms and conditions set forth in the body of this Agreement, the terms and
conditions of this Agreement shall control.
2. Section 1, Scope of Services, to the Agreement is hereby amended and replaced
in its entirety with the following:
1. Scope of Services. Consultant will provide the City with unemployment
compensation management services. Consultant will also provide City with
employment verification services. In particular, Consultant will perform all duties
outlined and described in the Scope of Work in Exhibit "A," - Scope of Services,
and Exhibit "A-1" - Employment Verification Services Schedule, referred to herein
as the "Services."
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Amendment 1 to Fort Worth City Secretary Contract No. 53902 Pagel of 3
LRD: June 26, 2023/FOR REVIEW/SLL
DocuSign Envelope ID: 101EFA76-2B75-4D66-AFDC-6DABF8007B72
3. The Agreement is hereby amended by adding a new Section 31 as follows:
"Vendor Affiliates: Services may be provided to City under the Agreement by Vendor's
affiliates (a "Vendor Affiliate"), subject to execution of applicable Schedule directly between
the City and the identified Vendor Affiliate. In such event, (i) the terms and conditions of
the Agreement shall be binding on any such Vendor Affiliate as if it were an original party
to the Agreement, (ii) all references to "Vendor" in this Agreement shall be deemed a
reference to such Vendor Affiliate, and (iii) the City agrees that Vendor shall have neither
obligations nor liability for any Services contracted for by any such Vendor Affiliate.
4. The Agreement is hereby amended by adding Exhibit A-1- "Employment
Verification Services Schedule," attached to this Amendment, to the Agreement.
5. All other terms, provisions, conditions, covenants and recitals of the
Agreement not expressly amended herein shall remain in full force and effect.
[Signature Page Follows]
Amendment 1 to Fort Worth City Secretary Contract No. 53902 Page 2 of 3
LRD: June 26, 2023/FOR REVIEW/SLL
DocuSign Envelope ID: 101EFA76-2B75-4D66-AFDC-6DABF8007B72
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth
By: C>-Ctl—�
Name: Jesica McEachern
Title: Assistant City Manager
Date: Aug 14, 2023
Approval Recommended:
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By: Dianna M. Giordano (Aue9.2023 18:32 CDT)
Name: Dianna Giordano
Title: Director of Human Resources
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By:
Name: Jannette Goodall
Title: City Secretary
CONSULTANT:
Corporate Cost Control, Inc.
By:
Name: Sarah Lawrence-Lohse
Title: Contracts Counsel
Date: 8/9/2023
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
By: Sandra a(Aue 9. 23 6:47 CDT)
Name: Sandy Huerta
Title: Employee and Labor Relations Manager
Approved as to Form and Legality:
By: 9.."/ a). a.
Name: Jessika J. Williams
Title: Assistant City Attorney
Contract Authorization:
M&C:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Amendment 1 to Fort Worth City Secretary Contract No. 53902 Page 3 of 3
LRD: June 26, 2023/FOR REVIEW/SLL
DocuSign Envelope ID: 101EFA76-2B75-4D66-AFDC-6DABF8007B72
Exhibit A-1
EMPLOYMENT VERIFICATION SERVICES SCHEDULE
This Schedule for Employment Verification Services (the "Schedule") is entered into by and between Tax Credit Co., LLC,
an affiliate of Corporate Cost Control, Inc. ("Experian Employer Services" or "EES") on behalf of itself and its subsidiary
Frontline eSolutions LLC d/b/a uConfirm ("uConfirm") each an Experian company, and City of Fort Worth
("Client") as of the Schedule Effective Date below and hereby supplements the Experian Employer Services
Standard Terms and Conditions dated 5/11/20
("Agreement"), currently in place between Client and EES. Capitalized terms used but not defined herein shall have
the meaning ascribed to them in the Agreement.
1. Services. For the purposes of this Schedule, the term "Services" shall mean EES's provision of services to
Client which includes management and response to requests for verification of employment and income received
related to current and former employees of Client ("Verifications") from third party verifiers ("Commercial Verifiers")
as described in this Schedule. Client will refer all third -party verifiers to EES. The Services will be provided by uConfirm,
a subsidiary of EES, as the consumer reporting agency of the Services and the Services may be delivered through
EES.
2. Term. This Schedule shall be effective for one (1) year from the Schedule Effective Date unless terminated
earlier in accordance with the Agreement (the "Initial Term"). Thereafter, this Schedule shall automatically renew for
subsequent twelve (12) month periods unless either party provides the other party with a minimum of thirty (30) days
prior written notice of non -renewal prior to the end of the then current term (each a "Renewal Term"). The Initial Term
and each Renewal Term may collectively be referred to as the "Schedule Term."
3. Employee Portal Access. All active employees of Client possessing an active Client email address may
generate their own verifications at any time through EES's employee portal. Other current and former employees may
contact the Verifications support team to obtain verification information.
4. Social Services Requests. Social services agencies who are unable to pay for Verifications, or current and
former Client employees, shall not pay fees for the Services.
5. Commercial Verifications. Verifications requested by Commercial Verifiers, such as lenders, landlords, pre-
employment screening firms, etc. shall pay rates set by EES, which may be modified from time to time by EES.
6. Employee Pass -Through Fee Reimbursement. Should any Client employee be charged by a verifier on a
pass -through basis for EES's service, the employee shall be entitled to a prompt reimbursement by EES through EES's
support department. Client employees may submit a reimbursement request at any time within six (6) months of the
verification request.
7. Fees. Unless set forth in a Fee Addendum referencing this Schedule, EES shall provide the Services at no
additional charge to Client.
8. Exclusive Provider. EES will be the exclusive provider of Services for the Schedule Term. During the
Schedule Term, Client will ensure that all Verification requests are directed to EES. Client will terminate any pre-
existing providers of verification services following implementation of the Services, so that any pre-existing provider
ceases to fulfill any third -party verification requests related to Client's current and former employees.
9. FCRA Compliance. The parties agree that for purposes of this Schedule, Client is a furnisher, as that term
is defined in the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) (FCRA), having obligations and responsibilities
under the FCRA. The parties acknowledge that the information furnished by Client will be used for consumer reporting
purposes pursuant to the FCRA. EES may, on behalf of uConfirm, incorporate at EES's expense, the data furnished
by Client into uConfirm's credit reporting system. Client acknowledges receipt of the Notice to Furnishers of Information:
Obligations of Furnishers under the FCRA, attached as Appendix A. Furthermore, as a furnisher of information to EES,
Client certifies that it has established and implemented written policies and procedures regarding the accuracy and
integrity of information furnished by Client pursuant to Appendix A to Furnisher Rule Title 16, Part 660 — Duties of
Furnishers of Information to Consumer Reporting Agencies.
10. Consumer Disputes. Pursuant to its obligations under the FCRA, should uConfirm, or EES on behalf of
uConfirm ("Notifying Entity"), notify Client that a consumer has disputed the completeness or accuracy of information
provided by Client, Client will (i) conduct an investigation and review all relevant information provided by Notifying Entity,
including information provided to Notifying Entity by the consumer; (ii) report the results of the investigation to Notifying
Entity and, if the investigation establishes that the information was incomplete or inaccurate report the results to Notifying
Entity; (iii) complete the investigation required within 30 days from the date Notifying Entity receives the dispute from
the consumer; and (iv) promptly modify or delete the information, or block its reporting.
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11. Data Quality and Provision. uConfirm's ability to provide accurate data to third party verifiers is dependent
upon the accuracy and completeness of the data provided by Client. Therefore, Client represents and warrants that it
shall provide current, complete and accurate data as necessary for uConfirm, or EES on behalf of uConfirm to provide
the Services. Client shall use commercially reasonable efforts to provide the data in a reasonable format as determined
by uConfirm, or EES on behalf of uConfirm and correct any corrupted data files provided within 24 hours after Client is
notified of such defects. Client shall notify EES in writing of any problems in providing requested data in a timely manner.
Both parties shall cooperate to identify and resolve errors pertaining to data as soon as possible. Client authorizes
uConfirm, or EES on behalf of uConfirm to transmit the data provided by Client, as is, to any third -party verifier
requesting such data in a standard EES online format. Except as provided in this section, neither uConfirm nor EES
shall have responsibility to, nor shall either, review, change, modify, amend, verify or alter the data received from Client
before transmitting it to the third -party verifier. uConfirm, or EES on behalf of uConfirm will only use the employment
and income information for its purposes in compliance with applicable laws.
12. Schedule Updates. EES reserves the right to revise, amend or supplement the terms or conditions or pricing
under this Schedule and/or the Services (including without limitation the right to withdraw or restrict affected data) to
meet any requirement imposed by federal, state, or local law, rule or regulation, or to address matters concerning
privacy, confidentiality or security, upon reasonable notice to Client.
This Schedule, together with the applicable and incorporated document(s) and the Agreement as amended herein
constitutes the entire agreement between the parties with respect to the Services provided hereunder and supersedes
all prior proposals and agreements, both written and oral, and all other written and oral communications between the
parties.
EES: Tax Credit Co., LLC City of Fort Worth
f,I� Print or Type Legal Name of Client
8/9/2023
By: By:
Signature (Duly Authorized Representative Only) Signature (Duly Authorized Representative Only)
Sarah Lawrence-Lohse
Name: Name:
Print Print
Title: contracts counsel Title:
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APPENDIXA
All furnishers of consumer reports must comply with all applicable regulations, including
regulations promulgated after this notice was first prescribed in 2004. Information about applicable
regulations currently in effect can be found at the Consumer Financial Protection Bureau's website,
consumerfinance.gov/learnmore.
NOTICE TO FURNISHERS OF INFORMATION: OBLIGATIONS OF FURNISHERS UNDER THE
FCRA
The federal Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681-1681y, imposes responsibilities on all
persons who furnish information to consumer reporting agencies (CRAB). These responsibilities are
found in Section 623 of the
FCRA, 15 U.S.C. § 1681s-2. State law may impose additional requirements on furnishers. All furnishers of
information to CRAB should become familiar with the applicable laws and may want to consult with
their counsel to ensure that they are in compliance. The text of the FCRA is set forth in full at the
Bureau of Consumer Financial Protection's website at consumerfinance.gov/learnmore. A list of the
sections of the FCRA cross-referenced to the U.S. Code is at the end of this document.
Section 623 imposes the following duties:
ACCURACY GUIDELINES
The banking and credit union regulators and the CFPB will promulgate guidelines and regulations
dealing with the accuracy of information provided to CRAB by furnishers. The regulations and
guidelines issued by the CFPB will be available at consumerfinance.gov/learnmore when they are
issued. Section 623(e).
GENERAL PROHIBITION ON REPORTING INACCURATE INFORMATION
The FCRA prohibits information furnishers from providing information to a CRA that they know or
have reasonable cause to believe is inaccurate. However, the furnisher is not subject to this general
prohibition if it clearly and conspicuously specifies an address to which consumers may write to
notify the furnisher that certain information is inaccurate. Sections 623(a)(1)(A) and (a)(1)(C).
DUTY TO CORRECT AND UPDATE INFORMATION
If at any time a person who regularly and in the ordinary course of business furnishes information
to one or more CRAB determines that the information provided is not complete or accurate, the
furnisher must promptly provide complete and accurate information to the CRA. In addition, the
furnisher must notify all CRAB that received the information of any corrections, and must thereafter
report only the complete and accurate information. Section 623(a)(2).
DUTIES AFTER NOTICE OF DISPUTE FROM CONSUMER
If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that
specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must
thereafter report the correct information to CRAB. Section 623(a)(1)(B).
If a consumer notifies a furnisher that the consumer disputes the completeness or accuracy of any
information reported by thefurnisher, the furnisher may notsubsequently report that
information to a CRA without providing noticeof the dispute. Section 623(a)(3).
The federal banking and credit union regulators and the CFPB will issue regulations that will
identify when an information furnisher must investigate a dispute made directly to the
furnisher by a consumer. Once these regulations are issued, furnishers must comply with them
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and complete an investigation within 30 days (or 45 days, if the consumer later provides relevant
additional information) unless thedisputeisfrivolousorirrelevantorcomesfroma"creditrepair
organization." The CFPB regulations will be available at consumerfinance.gov. Section
623(a)(8).
DUTIES AFTER NOTICE OF DISPUTE FROM CONSUMER REPORTING AGENCY
If a CRA notifies a furnisher that a consumer disputes the completeness or accuracy of
information provided by the furnisher, the furnisher has a duty to follow certain procedures.
The furnisher must:
• Conduct an investigation and review all relevant information provided by the CRA,
including information given to the CRA by the consumer. Sections 623(b)(1)(A) and
(b)(1)(B).
• Report the results to the CRA that referred the dispute, and, if the investigation establishes
that the information was, in fact, incomplete or inaccurate, report the results to all CRAB to
which the furnisher provided the information that compile and maintain files on a
nationwide basis. Sections 623(b)(1)(C) and (b)(1)(D).
• Complete the above steps within 30 days from the date the CRA receives the dispute (or 45
days, if the consumer later provides relevant additional information to the CRA). Section
623(b)(2).
• Promptly modify or delete the information or block its reporting. Section 623(b)(1)(E).
DUTY TO REPORT VOLUNTARY CLOSING OF CREDIT ACCOUNTS
If a consumer voluntarily closes a credit account, any person who regularly and in the ordinary course
of business furnishes information to one or more CRAB must report this fact when it provides
information to CRAB for the time period in which the account was closed. Section 623(a)(4).
DUTY TO REPORT DATES OF DELINQUENCIES
If a furnisher reports information concerning a delinquent account placed for collection, charged to
profit or loss, or subject to any similar action, the furnisher must, within 90 days after reporting the
information, provide the CRA with the month and the year of the commencement of the delinquency
that immediately preceded the action, so that the agency will know how long to keep the information
in the consumer's file. Section 623(a)(5).
Any person, such as a debt collector, that has acquired or is responsible for collecting delinquent
accounts and that reports information to CRAB may comply with the requirements of Section
623(a)(5) (until there is a consumer dispute) by reporting the same delinquency date previously
reported by the creditor. If the creditor did not report this date, they may comply with the FCRA by
establishing reasonable procedures to obtain and report delinquency dates, or, if a delinquency
date cannot be reasonably obtained, by following reasonable procedures to ensure that the date
reported precedes the date when the account was placed for collection, charged to profit or loss,
or subjected to any similar action. Section 623(a)(5).
DUTIES OF FINANCIAL INSTITUTIONS WHEN REPORTING NEGATIVE INFORMATION
Financial institutions that furnish information to "nationwide" consumer reporting agencies, as
defined in Section 603(p), must notify consumers in writing if they may furnish or have furnished
negative information to a CRA. Section 623(a)(7). The Consumer Financial Protection Bureau has
prescribed model disclosures, 12 CFR Part 1022, App. B.
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DUTIES WHEN FURNISHING MEDICAL INFORMATION
A furnisher whose primary business is providing medical services, products, or devices (and such
furnisher's agents or assignees) is a medical information furnisher for the purposes of the FCRA and
must notify all CRAB to which it reports of this fact. Section 623(a)(9). This notice will enable CRAB
to comply with their duties under Section 604(g) when reporting medical information.
DUTIES WHEN ID THEFT OCCURS
All furnishers must have in place reasonable procedures to respond to notifications from CRAB that
information furnished is the result of identity theft, and to prevent refurnishing the information in
the future. A furnisher may not furnish information that a consumer has identified as resulting from
identity theft unless the furnisher subsequently knows or is informed by the consumer that the
information is correct. Section 623(a)(6). If a furnisher learns that it has furnished inaccurate
information due to identity theft, it must notify each consumer reporting agency of the correct
information and must thereafter report only complete and accurate information. Section 623(a)(2).
When any furnisher of information is notified pursuant to the procedures set forth in Section 605E
that a debt has resulted from identity theft, the furnisher may not sell, transfer, or place for
collection the debt except in certain limited circumstances. Section 615(f).
The Consumer Financial Protection Bureau website, consumerfinance.gov/learnmore, has more
information about the FCRA.
CITATIONS FOR FCRA SECTIONS IN THE U.S. CODE, 15 U.S.C. § 1681 ET SEQ.:
15 U.S.C. 1681 Section 615 15 U.S.C. 1681m
Section 603 15 U.S.C. 1681a Section 616 15 U.S.C. 1681n
Section 604 15 U.S.C. 1681b Section 617 15 U.S.C. 16810
Section 605 15 U.S.C. 1681c Section 618 15 U.S.C. 1681p
Section 605A 15 U.S.C. 1681c-1 Section 619 15 U.S.C. 1681q
Section 605B 15 U.S.C. 1681c-2 Section 620 15 U.S.C. 1681r
Section 606 15 U.S.C. 1681d Section 621 15 U.S.C. 1681s
Section 607 15 U.S.C. 1681e Section 622 15 U.S.C. 1681s-1
Section 608 15 U.S.C. 1681f Section 623 15 U.S.C. 1681s-2
Section 609 15 U.S.C. 1681g Section 624 15 U.S.C. 1681t
Section 610 15 U.S.C. 1681h Section 625 15 U.S.C. 1681u
Section 611 15 U.S.C. 1681i Section 626 15 U.S.C. 1681v
Section 612 15 U.S.C. 1681j Section 627 15 U.S.C. 1681w
Section 613 15 U.S.C. 1681k Section 628 15 U.S.C. 1681x
Section 614 15 U.S.C. 16811 Section 629 15 U.S.C. 1681y
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