HomeMy WebLinkAboutContract 56219-A1CSC No. 56219-A1
FIRST AMENDMENT TO
FORT WORTH CITY SECRETARY CONTRACT NO. 56219
This First Amendment to Fort Worth City Secretary Contract No. 56129 ("First
Amendment") is made between the City of Fort Worth ("Fort Worth"), a municipal corporation
and Forvis Mazars, LLP, formerly known as Forvis, LLP ("Vendor"), a Delaware limited liability
partnership.
WHEREAS, Fort Worth and Vendor entered into an Agreement identified as Fort Worth
City Secretary Contract No. 56219 beginning September 1, 2023 (the "Agreement"); and
WHEREAS, it is the collective desire of both Fort Worth and Vendor to amend the
Agreement to include the attached Exhibit A Scope of Services at a one-time cost of $27,550.00.
The total annual contract amount will remain an amount not exceed $755,500.00.
NOW THEREFORE, known by all these present, 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. The Agreement is hereby amended by adding Exhibit A Scope of Services, attached
to this First Amendment, as Exhibit A of the Agreement at a one-time cost of $27,550.00. The
total annual contract amount will remain an amount not exceed $755,500.00.
2. 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]
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Amendment No. 1 — CSC No. 56219 Page 11
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth
By: �2•;
Name: Mark McDaniel
Title: Deputy City Manager
Date: Oct 14, 2024
Approval Recommended:
By:
Name: Kevin Gunn
Title: Director, IT Solutions Department
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By: as
Name: Jannette S. Goodall
Title: City Secretary
VENDOR:
Forvis Mazars, LLP.
By:
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Name:
Ben Sady
Title:
Principal
Date: OU 10, 2024
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: Sudong Lee (Oct 10, 202411:48 CDT)
Name: Sudong Lee
Title: Sr. IT Solutions Manager
Approved as to Form and Legality:
By:
Name: Taylor C. Paris
Title: Assistant City Attorney
Contract Authorization:
M&C: 21-0454
Approved: 6/22/2021
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
Summary Scope of Services
This addendum describes Forvis Mazars LLP's standard terms and conditions ("Terms and Conditions")
applicable to Our provision of services to the Client ("You"). The Terms and Conditions are a part of the
contract between You and Forvis Mazars, LLP. For the purposes of the Terms and Conditions, any
reference to "Firm," "We," "Us," or "Our" is a reference to Forvis Mazars, LLP ("Forvis Mazars"), and any
reference to "You" or "Your" is a reference to the party or parties that have engaged Us to provide services
and the party or parties ultimately responsible for payment of Our fees and costs.
As described in the attached Scope of Services, our services will include the following:
• 2024 Criminal Justice Information System (CJIS) Security Policy Consulting
You agree to assume full responsibility for the substantive outcomes of the contracted services and for any
other services we may provide, including any findings that may result.
You also acknowledge these services are adequate for your purposes, and you will establish and monitor
the performance of these services to ensure they meet management's objectives. All decisions involving
management responsibilities related to these services will be made by you, and you accept full responsibility
for such decisions.
We understand you have designated (or will) a management -level individual to be responsible and
accountable for overseeing the performance of these services, and you have determined (or will) this
individual is qualified to conduct such oversight.
Engagement Fees
We have estimated the time, skill, and resources, including our proprietary information required to complete
the services, required by our engagement and expect our fee to be as follows:
Services 2024
2024 CJIS Security Policy Consulting $27,550
Professional fees are estimated for your convenience; however, actual fees will be billed on an hourly basis,
based on the time of personnel assigned and expertise required.
The estimated professional fees do not include travel time associated with our on -site services. Such travel
time will be billed in addition to the above estimated fees. In addition, you will be billed travel costs and fees
for services from other professionals, if any, as well as an administrative fee of five (5) percent to cover
certain technology and administrative costs associated with our services.
The estimated professional fees do not include attendance at your audit committee meetings by Forvis
Mazars personnel, if requested attend. Fees associated with the committee meetings attendance will be
charged at our standard hourly rates.
Upon delivery of the final report, the engagement is considered completed. Unless specifically noted in our
Scope of Services, our engagement fee does not include any time for post -engagement consultation with
your personnel or third parties, inquiries from federal or state regulators, audits or reviews, or testimony or
deposition regarding any subpoena. Charges for this additional time will be billed separately at our standard
hourly rates for the Forvis Mazars personnel involved.
The above fee estimates expire 60 days from the date of this contract. If the contract is not signed by the
above date, please call Ben Sady at 804-474-1267 to verify fee estimates. Time for completion will depend
on when the engagement is accepted.
Our pricing for this engagement and our fee structure are based upon the expectation that our invoices will
be paid promptly. Payment of our invoices is due upon receipt.
Our timely completion of services and the fees thereon depends on the assistance you provide us in
accumulating information and responding to our inquiries. Inaccuracies or delays in providing this
information or the responses may result in additional billings, untimely filings, or inability to meet other
deadlines.
Contract Agreement
Please sign and return this contract to indicate your acknowledgment of, and agreement with, the
arrangements for our services including our respective responsibilities.
Forvis Mazars, LLP
Acknowledged and agreed to as it relates to the entire contract, including the Scope of Services and
Terms and Conditions Addendum on behalf of the City of Fort Worth, Texas.
BY `-49�
Mark McDaniel, Deputy City Manager
DATE Oct 14, 2024
Scope of Services
We will provide assistance to the City of Fort Worth, Texas with the services listed below.
CJIS Security Policy Consulting
The objective of this engagement is to assist the City of Fort Worth, Texas with advisory services related
to the CJIS Security Policy.
Assessment Obiectives:
To assess whether the City of Fort Worth has adopted the changes communicated in the
following:
o CJIS Security Policy- Version 5.9.1 from 10/01/2022
o CJIS Security Policy - Version 5.9.2 f rom 12/07/2022
o CJIS Security Policy - Version 5.9.3 f rom 09/14/2023
o CJIS Security Policy - Version 5.9.4 from 12/20/2023
To assess whether the following CJIS compliance program governance documentation exists,
such as: FIPS-199 Categorization, Boundary Scope Memo, System Security Plan, Information
Exchange Agreements, Training Records, Risk Assessment Report, Security Assessment
Report, and Plan of Action & Milestones.
To communicate findings and action items to stakeholders in summary report format.
In Scope Areas:
• CJIS related data, systems, interfaces, and compliance program governance documentation.
Our procedures will be performed on a test basis and cannot be relied upon to detect all errors or violations
of laws, regulations, or company policy. Management is responsible for notifying us of the following:
• Changes in policies and procedures that may affect our assessment
• Changes in CJIS requirements provided by the FBI, DOJ, Texas CJIS System Agency (Texas
Department of Public Safety), or other relevant agency
In addition, management is responsible for advising us of any adverse communications with its regulators
or other third parties, including its legal counsel, which may affect compliance with policies, procedures,
laws, or regulations.
The consulting assessment will be completed at a point in time and any changes in requirements or
incidents that occur after our assessment is completed will be out of scope for our project.
Engagement Timing
Forvis Mazars anticipates the total length of the engagement to last approximately 4-6 weeks. If additional
time is needed, Forvis Mazars will discuss an updated timetable for performing the work to meet Board
requirements.
Project Management
Phase Objective: To develop a plan for CJIS Security Policy assessment, with consideration given to
project management best practices, data in scope, and technology platforms.
Key Steps
• Provide initial document and meeting request list
• Hold project kick off meeting
• Confirm no changes to project timeline, stakeholders, and project logistics
• Document project plan
Phase Objective: To assess whether CJIS Security Policy changes have been adopted and whether CJIS
compliance program governance documents exist..
Key Steps
• Conduct interviews with project team
• Inspect evidence and documentation
• Observe system and supporting implementation tools
• Provide status reports
• Identify recommendations for improvement
Phase Objectives: To communicate findings and action items to stakeholders in summary report format.
Key Steps
• Conduct exit meeting to discuss and vet findings
• Present draft findings in report form
• Finalize report
• Status Reporting
Status updates will be provided to Organization on a weekly basis via email or in -person (e.g., face to
face, telephone, video conference).
• Final Report
We will provide management with a final report of our findings relative to the information we discovered.
The report will include recommendations for security improvements. Management responses will be
included in the final report if provided; however, the final report will be issued 30 days after the draft
report is sent to management, with or without management responses. Changes requested after the
final report is released will be invoiced based on time expended at our standard hourly billing rates.
We will only perform those procedures as outlined in this section, and we will not perform other procedures
to determine whether your procedures were placed in operation or are operating effectively. Management
has sole responsibility for the sufficiency of the procedures. We make no representation regarding the
sufficiency of the work performed. In addition, procedures are not designed to discover defalcations or other
irregularities should any exist.
We will not update our report for or disclose any event or circumstances after the date of our report unless
requested and separately engaged by you to do so.
Reports are intended for use only by management of the Company and should not be referred to,
distributed, or relied upon by any other party for any purpose.
We will consider the engagement complete when the final report is delivered.
The following apply for these services:
Our We will not make management decisions, perform management responsibilities or
Responsibilities obligations, or manage the operations of the business, the responsibility for which
remains with management and the Board of Directors. We will also not act
or appear to act in a capacity equivalent to that of a member of your management
or an employee.
We will use and rely on information furnished by you, your employees, and
representatives and may use and rely on information available from generally
recognized public sources. We are not responsible for the accuracy and
completeness of the information and are not responsible to investigate or verify it.
Limitations & This engagement is not designed to prevent or discover errors, misrepresentations,
Fraud fraud, or illegal acts, and you agree we have no such responsibility.
We make no representation or warranty that our services will disclose all threats,
vulnerabilities, or system weaknesses due to the evolving and increasingly
sophisticated nature of cybersecurity attacks.
This engagement does not include any network vulnerability scanning or
penetration testing.
Neither our services nor our reports shall in any way guarantee that the Company
will not have a data breach, identity theft, network hacking, ransomware, etc., even
if you implement our recommendations. While our services and reports may contain
findings, recommendations, and identify potential cybersecurity threats,
management is responsible for the overall security of the Organization's network.
Management acknowledges that services provided as part of this engagement are
conducted at a point in time and that Forvis Mazars is not monitoring IT systems
on an ongoing basis. Because vulnerabilities can occur at any time within an IT
system, security breaches may occur and not be detected.
Our work does not include any services not specifically outlined in this contract
Opinion Wewill perform this engagement in accordance with the Statement on Standards for
Consulting Services established by the American Institute of Certified Public
Accountants (AICPA). This engagement will not constitute an examination, audit,
attestation, or agreed -upon procedures engagement as those services are defined
under relevant AICPA standards. Accordingly, we will not provide an audit or attest
opinion or other form of assurance and will not verify or audit any information
provided to us.
In addition, we have not been engaged to provide an opinion with respect to the
effectiveness of your controls or the degree of compliance with your policies and
procedures or applicable laws and/or regulations.
Workpaper Our workpapers will be maintained in our offices and will be retained for seven
Access years in accordance with our workpaper retention policies. We will provide you
and/or your regulators with copies of workpapers related to this engagement that
you may reasonably request, or grant reasonable and timely access to those
workpapers to employees authorized by you or your regulators, subject to our
policies regarding access to workpapers by third parties. Our fees above do not
include us providing workpapers your regulators. If your regulators request copies of
our workpapers, you will be billed based on time expended at our standard
hourly billing rates.
Your Management acknowledges and understands their responsibility for the following:
Responsibilities
• Performing an asset -based IT risk assessment and ensuring all relevant IT
and cybersecurity risk factors are adequately addressed
• Providing us with accurate and complete information necessary to complete
the engagement
• Ensuring your staff and stakeholders are available to assist us in performing
our services, including but not limited to interviews and information requests,
providing feedback, and reviewing on a timely basis
• Managing and monitoring your networks, applications, and employees and
agreeing that our services are not performing management functions or are
a substitute for such
• Performing ongoing security and similar testing, including whenever material
modifications are made to your IT systems, services, or networks, or deemed
necessary by your personnel since new vulnerabilities are continually being
discovered
• Establishing and maintaining effective internal control over the Organization's
IT systems
• Proper recording of transactions
• Setting the proper tone
• Creating and maintaining a culture of honesty and high ethical standards
• Establishing appropriate controls to prevent, deter, and detect security
breaches
You agree that information security and integrity is the sole responsibility of
management. Our analysis is designed to assist management in assessing risk
and identifying information security measures.
Findings & Risk You will provide us with your rating system, which we will use to rate findings, if
Rating System any. If you do not have a rating system, we will use the rating system included in
this contract.
Change of Scope Unforeseen circumstances, including but not limited to changes in the scope of
work, can occur and may require additional work on our part. If additional time is
required by us due to a change in the scope of work, we will issue an addendum
to this contract. You agree to review and approve such addendum if the scope of
work is required to be expanded. Delay of your approval may result in significant
project delays.
Forvis Mazars, LLP Terms and Conditions Addendum
GENERAL
1. Overview. This addendum describes Forvis Mazars LLP's standard terms and conditions ("Terms and
Conditions") applicable to Our provision of services to the Client ("You"). The Terms and Conditions are a part of
the contract between You and Forvis Mazars, LLP. For the purposes of the Terms and Conditions, any reference
to "Firm," "We," "Us," or "Our" is a reference to Forvis Mazars, LLP ("Forvis Mazars"), and any reference to "You"
or "Your" is a reference to the party or parties that have engaged Us to provide services and the party or parties
ultimately responsible for payment of Our fees and costs.
BILLING, PAYMENT, & TERMINATION
Billing and Payment Terms. We will bill You for Our professional fees and costs as outlined in Our contract.
Unless otherwise provided in Our contract, payment is due upon receipt of Our billing statement. Interest will be
charged on any unpaid balance after 30 days at the rate of 10 percent per annum, or as allowed by law at the
earliest date thereafter, and highest applicable rate if less than 10 percent. All fees, charges, and other amounts
payable to Forvis Mazars hereunder do not include any sales, use, excise, value-added, or other applicable taxes,
tariffs, or duties, payment of which shall be Your sole responsibility, and do not include any applicable taxes based
on Forvis Mazars' net income or taxes arising from the employment or independent contractor relationship between
Forvis Mazars and Forvis Mazars' personnel.
We reserve the right to suspend or terminate Our work for this engagement or any other engagement for
nonpayment of fees. If Our work is suspended or terminated, You agree that We will not be responsible for Your
failure to meet governmental and other deadlines, for any penalties or interest that may be assessed against You
resulting from Your failure to meet such deadlines, and for any other damages (including but not limited to
consequential, indirect, lost profits, or punitive damages) incurred as a result of the suspension or termination of
Our services.
Our fees may increase if Our duties or responsibilities are increased by rulemaking of any regulatory body or any
additional new accounting or auditing standards. Our engagement fees do not include any time for post -
engagement consultation with Your personnel or third parties, consent letters and related procedures for the use
of Our reports in offering documents, inquiries from regulators, or testimony or deposition regarding any subpoena.
Charges for such services will be billed separately.
3. Billing Records. If these services are determined to be within the scope and authority of Section 1861(v)(1)(1) of
the Social Security Act, We agree to make available to the Secretary of Health and Human Services, or to the U.S.
Comptroller General, or any of their duly authorized representatives, such of Our books, documents, and records
that are necessary to certify the nature and extent of Our services, until the expiration of four (4) years after the
furnishing of these services. This contract allows access to contracts of a similar nature between subcontractors
and related organizations of the subcontractor, and to their books, documents, and records.
Termination. Either party may terminate these services in good faith at any time for any reason, including Your
failure to comply with the terms of Our contract or as We determine professional standards require. Both parties
must agree, in writing, to any future modifications or extensions. If services are terminated, You agree to pay Forvis
Mazars for time expended to date. In addition, You will be billed costs and fees for services from other
professionals, if any, as well as an administrative fee of five (5) percent to cover certain technology and
administrative costs associated with Our services. Unless terminated sooner in accordance with its terms, this
engagement shall terminate upon the completion of Forvis Mazars' services hereunder.
DISPUTES & DISCLAIMERS
5. Mediation. Any dispute arising out of or related to this engagement will, prior to resorting to litigation, be submitted
for nonbinding mediation upon written request by either party. Both parties agree to try in good faith to settle the
dispute in mediation. The mediator will be selected by agreement of the parties. The mediation proceeding shall
be confidential. Each party will bear its own costs in the mediation, but the fees and expenses of the mediator will
be shared equally.
6. Indemnification. possession, or reliance is specifically authorized by Forvis Mazars in writing or otherwise
authorized by applicable law.
First Amendment to Fort Worth City Secretary Contract No.60292 Page 9 of 12
Unless specifically authorized by Forvis Mazars in writing or as authorized by applicable law, You agree that You will
not provide any third party with Our Work Product for their use or reliance.
7. Waiver of Certain Damages. In no event shall Forvis Mazars be liable to You or a third party for any indirect,
special, consequential, punitive, or exemplary damages, including but not limited to lost profits, loss of revenue,
interruption, loss of use, damage to goodwill or reputation, regardless of whether You were advised of the possibility
of such damages, regardless of whether such damages were reasonably foreseeable, and regardless of whether
such damages arise under a theory of contract, tort, strict liability, or otherwise.
8. Choice of Law. You acknowledge and agree that any dispute arising out of or related to this contract shall be
governed by the laws of the State of Texas, without regard to its conflict of laws principles.
9. WAIVER OF JURY TRIAL. THE PARTIES HEREBY AGREE NOT TO ELECT A TRIAL BY JURY OF ANY ISSUE
TRIABLE OF RIGHT BY JURY, AND WAIVE ANY RIGHT TO TRIAL BY JURY FULLY TO THE EXTENT THAT
ANY SUCH RIGHT SHALL NOW OR HEREAFTER EXIST WITH REGARD TO THIS AGREEMENT, OR ANY
CLAIM, COUNTERCLAIM, OR OTHER ACTION ARISING IN CONNECTION THEREWITH. THIS WAIVER OF
RIGHT TO TRIAL BY JURY IS GIVEN KNOWINGLY AND VOLUNTARILY BY THE PARTIES, AND IS
INTENDED TO ENCOMPASS INDIVIDUALLY EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT
TO A TRIAL BY JURY WOULD OTHERWISE ACCRUE.
10. Severability. In the event that any term or provision of this agreement shall be held to be invalid, void, or
unenforceable, then the remainder of this agreement shall not be affected, and each such term and provision of
this agreement shall be valid and enforceable to the fullest extent permitted by law.
11. Assignment. You acknowledge and agree that the terms and conditions of this contract shall be binding upon and
inure to the parties' successors and assigns, subject to applicable laws and regulations.
12. Disclaimer of Legal or Investment Advice. Our services do not constitute legal or investment advice. You should
seek the advice of legal counsel in such matters. Regulatory authorities may interpret circumstances differently
than We do. In addition, the applicable laws, regulations, and regulators' enforcement activities may change over
time.
RECORDS, WORKPAPERS, DELIVERABLES, & PROPRIETARY INFORMATION
13. Maintenance of Records. You agree to assume full responsibility for maintaining Your original data and records
and that Forvis Mazars has no responsibility to maintain this information. You agree You will not rely on Forvis
Mazars to provide hosting, electronic security, or backup services, e.g., business continuity or disaster recovery
services, to You unless separately engaged to do so. You understand that Your access to data, records, and
information from Forvis Mazars' servers, i.e., Forvis Mazars portals used to exchange information, can be
terminated at any time and You will not rely on using this to host Your data and records.
14. Forvis Mazars Workpapers. Our workpapers and documentation retained in any form of media for this
engagement are the property of Forvis Mazars. We can be compelled to provide information under legal process.
In addition, We may be requested by regulatory or enforcement bodies (including any State Board) to make certain
workpapers available to them pursuant to authority granted by law or regulation. Unless We are prohibited from
doing so by law or regulation, Forvis Mazars will inform You of any such legal process or request. You agree We
have no legal responsibility to You in the event We determine We are obligated to provide such documents or
information.
15. Subpoenas or Other Legal Process. In the event Forvis Mazars is required to respond to any such subpoena,
court order, or any government regulatory inquiry or other legal process relating to You or Your management for
the production of documents and/or testimony relative to information We obtained or prepared incident to this or
any other engagement in a matter in which Forvis Mazars is not a party, You shall compensate Forvis Mazars for
all time We expend in connection with such response at normal and customary hourly rates and to reimburse Us
for all out -of- pocket expenses incurred in regard to such response.
16. Use of Deliverables and Drafts. You agree You will not modify any deliverables or drafts prepared by Us for
internal use or for distribution to third parties. You also understand that We may on occasion send You documents
marked as draft and understand that those are for Your review purpose only, should not be distributed in any way,
and should be destroyed as soon as possible.
17. Proprietary Information. You acknowledge that proprietary information, documents, materials, management
techniques, and other intellectual property are a material source of the services We perform and were developed
prior to Our association with You. Any new forms, software, documents, or intellectual property We develop during
First Amendment to Fort Worth City Secretary Contract No.60292 Page 10 of 12
this engagement for Your use shall belong to Us, and You shall have the limited right to use them solely within
Your business. All reports, templates, manuals, forms, checklists, questionnaires, letters, agreements, and other
documents which We make available to You are confidential and proprietary to Us. Neither You, nor any of Your
agents, will copy, electronically store, reproduce, or make any such documents available to anyone other than
Your personnel. This provision will apply to all materials whether in digital, "hard copy" format, or other medium.
The above notwithstanding, Forvis acknowledges that You are a government entity under the laws of the State of
Texas and all documents held or maintained by You are subject to disclosure under the Texas Public Information
Act. In the event there is a request for information marked Confidential or Proprietary, You shall promptly notify
Forvis. It will be the responsibility of Forvis to submit reasons objecting to disclosure. A determination on whether
such reasons are sufficient will not be decided by You, but by the Office of the Attorney General of the State of
Texas or by a court of competent jurisdiction.
REGULATORY
18. U.S. Securities and Exchange Commission ("SEC") and other Regulatory Bodies. Where We are providing
services either for (a) an entity that is registered with the SEC, (b) an affiliate of such registrant, or (c) an entity or
affiliate that is subject to rules, regulations, or standards beyond those of the American Institute of Certified Public
Accountants ("AICPA"), any term of this contract that would be prohibited by or impair Our independence under
applicable law or regulation shall not apply to the extent necessary only to avoid such prohibition or impairment.
19. Forvis Mazars Not a Municipal Advisor. Forvis Mazars is not acting as Your municipal advisor under Section
15B of the Securities Exchange Act of 1934, as amended. As such, Forvis Mazars is not recommending any action
to You and does not owe You a fiduciary duty with respectto any information or communications regarding municipal
financial products or the issuance of municipal securities. You should discuss such matters with internal or external
advisors and experts You deem appropriate before acting on any such information or material provided by Forvis
Mazars.
TECHNOLOGY
20. Electronic Sites. You agree to notify Us if You desire to place Our report(s), including, if applicable, any reports
on Your financial statements, along with other information, such as a report by management or those charged with
governance on operations, financial summaries or highlights, financial ratios, etc., on an electronic site. You
recognize that We have no responsibility to review information contained in electronic sites.
21. Electronic Signatures and Counterparts. This contract and other documents to be delivered pursuant to this
contract may be executed in one or more counterparts, each of which will be deemed to be an original copy and
all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will
be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each
party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this contract are
intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a
copy of this contract or any other document contemplated hereby, bearing an original manual or electronic
signature by facsimile transmission (including a facsimile delivered via the internet), by electronic mail in "portable
document format" (".pdf') or similar format intended to preserve the original graphic and pictorial appearance of a
document, or through the use of electronic signature software, will have the same effect as physical delivery of the
paper document bearing an original signature.
22. Electronic Data Communication and Storage. In the interest of facilitating Our services to You, We may send
data over the internet, temporarily store electronic data via computer software applications hosted remotely on the
internet, or utilize cloud -based storage. Your confidential electronic data may be transmitted or stored using these
methods. In using these data communication and storage methods, We employ measures designed to maintain
data security. We use reasonable efforts to keep such communications and electronic data secure in accordance
with Our obligations under applicable laws, regulations, and professional standards.
You recognize and accept that We have no control over the unauthorized interception or breach of any
communications or electronic data once it has been transmitted or if it has been subject to unauthorized access
while stored, notwithstanding all reasonable security measures employed by Us. You consent to Our use of these
electronic devices and applications during this engagement.
OTHER MATTERS
23. Cooperation. You agree to cooperate with Forvis Mazars in the performance of Forvis Mazars' services to You,
including the provision to Forvis Mazars of reasonable facilities and timely access to Your data, information, and
personnel. You shall be responsible for the performance of Your employees and agents.
First Amendment to Fort Worth City Secretary Contract No.60292 Page 11 of 12
24. Third -Party Service Providers. Forvis Mazars may from time to time utilize third -party service providers, including
but not limited to domestic software processors or legal counsel, or disclose confidential information about You to
third- party service providers in serving Your account. Forvis Mazars maintains, however, internal policies,
procedures, and safeguards to protect the confidentiality and security of Your information. In addition, Forvis
Mazars will secure confidentiality agreements with all service providers to maintain the confidentiality of Your
information. If We are unable to secure an appropriate confidentiality agreement, You will be asked to consent
prior to Forvis Mazars sharing Your confidential information with the third -party service provider.
25. Independent Contractor. When providing services to You, We will be functioning as an independent contractor;
and in no event will We or any of Our employees be an officer of You, nor will Our relationship be that of joint
venturers, partners, employer and employee, principal and agent, or any similar relationship giving rise to a
fiduciary duty to You. Decisions regarding management of Your business remain the responsibility of Your
personnel at all times. Neither You nor Forvis Mazars shall act or represent itself, directly or by implication, as an
agent of the other or in any manner assume or create any obligation on behalf of, or in the name of, the other.
26. Hiring of Forvis Mazars Personnel. We ask that You respect the employment relationship that Our personnel
have with Our firm and to refrain from any employment offers to Forvis Mazars personnel. However, if You find it
necessary to make an offer of employment and if it is accepted, during the term of this engagement and for a
period of 18 months after Forvis Mazars stops providing services, You agree that We will be paid a one-time
employment fee equal to 100 percent of the employee's highest annual salary. This fee will be payable prior to Our
personnel commencing employment with You. Provided, however, You shall not be in violation of the
nonsolicitation covenant set forth herein with respect to any position You advertise in the form of a general
solicitation not delivered to or focused upon any single individual.
27. Use of Forvis Mazars Name. Any time You intend to reference Forvis Mazars' firm name in any manner in any
published materials, including on an electronic site, You agree to provide Us with draft materials for review and
approval before publishing or posting such information.
28. Praxity. Forvis Mazars is an independent accounting firm allowed to use the name "Praxity" in relation to its
practice. Forvis Mazars is not connected, however, by ownership with any other firm using the name "Praxity."
Forvis Mazars will be solely responsible for all work carried out on Your behalf. In deciding to engage Forvis
Mazars, You acknowledge that We have not represented to You that any other firm using the name "Praxity" will
in any way be responsible for Our work.
29. Entire Agreement. The contract, including this Terms and Conditions Addendum and any other attachments or
addenda, encompasses the entire agreement between You and Forvis Mazars and supersedes all previous
understandings and agreements between the parties, whether oral or written. Any modification to the terms of this
contract must be made in writing and signed by both You and Forvis Mazars.
30. Force Majeure. We shall not be held responsible for any failure to fulfill Our obligations if such failure was caused
by circumstances beyond Our control, including, without limitation, fire or other casualty, act of God, act of
terrorism, strike or labor dispute, war or other violence, explosion, flood or other natural catastrophe, epidemic or
pandemic, or any law, order, or requirement of any governmental agency or authority affecting either party,
including without limitation orders incident to any such epidemic or pandemic, lockdown orders, stay-at-home
orders, and curfews.
First Amendment to Fort Worth City Secretary Contract No.60292 Page 12 of 12
M&C Review
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A
CITY COUNCIL AGEND
Create New From This M&C
DATE: 6/22/2021 REFERENCE NO.: **M&C 21-0454 LOG NAME:
CODE: G TYPE
CONSENT PUBLIC
HEARING:
Official site of the City of Fort Worth, Texas
FoRT WORTH
13AUDIT
SERVICES
NO
SUBJECT: (ALL) Authorize Execution of a Professional Services Agreement with BKD, LLP
for External Financial Audit Services in an Amount Not to Exceed $900,000.00 per Year
for a Three -Year Initial Term with Two One -Year Renewal Options
RECOMMENDATION:
It is recommended that the City Council authorize execution of a professional services agreement with
BKD, LLP to provide external financial audit services for the City of Fort Worth in an amount not to
exceed $900,000.00 per year for a three-year initial term with two one-year renewal options.
DISCUSSION:
The Financial Management Services Department (FMS) will use the professional services agreement
with BKD, LLP (BKD) to obtain external financial audit services for the City. Services will include
review of the City's financial statements to ensure conformity with generally accepted accounting
principles, examination of compliance with requirements established by state law and the City Charter
and Ordinances and certain limited procedures involving supplementary information required by the
Governmental Accounting Standards Board (GASB). All services will be provided in accordance with
generally accepted auditing standards as set forth by the American Institute of Certified Public
Accountants and Government Auditing Standards.
On April 19, 2021, a request for qualifications (RFQ) external financial audit services was issued by
FMS with a proposal deadline of May 10, 2021. Proposals addressing evaluation criteria that
included experience and performance for comparable government engagements, implementation of
GASB statements, quality of professional personnel, availability of technical consultation, proposed
staffing plan, techniques, analytical procedures, Diversity and Inclusion (DVIN) participation and price
were received from the following firms:
• BKD, LLP
• CLA
• Crowe, LLP
• Deloitte & Touche LLP
• RSM
• Weaver & Tidwell, L.L.P. d/b/a Weaver
The proposals were evaluated by the selection committee (Committee), which consisted of key staff
from the FMS, Water and Internal Audit Departments. The proposals were evaluated based on the
following criteria:
• Firm's Qualifications and Experience (50\%)
• Understanding the Needs of the City (25\%)
• Commitment to Business Equity (15\%)
• Reasonableness of Costs (10\%)
The top three responding firms were invited to give a presentation and participate in an interview
process. Based on ratings received in both processes, BKD was ranked the highest. The Committee
agrees the recommended firm meets specifications and that its price is fair and reasonable. Staff from
the DVIN office scored the commitment to business equity component of the evaluation criteria. The
RFQ and proposal received from the selected firm are attached.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=29003&councildate=6/22/2021 10/9/2024
M&C Review
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ADMINISTRATIVE CHANGE ORDER - An administrative change order or increase may be made by
the City Manager in an amount of up to $100,000.00 and does not require specific City Council
approval as long as sufficient funds have been appropriated.
Business Eauity
BKD, LLP is in compliance with the City's Business Equity Ordinance by committing to 15\% Business
Equity participation on this project. The City's Business Equity goal on this project is 15\%.
Aareement Terms
Upon City Council's approval, a contract will be executed with an initial three-year term beginning on
execution and ending three years thereafter.
Renewal Options
This agreement may be renewed for up to two successive one-year terms at the City's option. This
action does not require specific 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 Director of Finance certifies that funds are available in the current operating budget, as
previously appropriated, in the General Fund to support the approval of the above recommendation
and execution of the agreement. Prior to any expenditure being incurred, the Financial Management
Services Department has the responsibility to validate the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FRAM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for Citv Manaaer's Office bv: Jay Chapa (5804)
Oriainatina Department Head: Reginald Zeno (8517)
Additional Information Contact: Anthony Rousseau (8338)
ATTACHMENTS
10100 0312050 5330500 as of 6-2-21.ona. (CFW Internal)
BKD.pdf (CFW Internal)
External Audit Services FY21-FY23 Compliance Memor213801.Ddf (CFW Internal)
Form 1295 Certificate 100780495.odf (CFW Internal)
FY21 Audit Services FID TABLE.xlsx (CFW Internal)
RFQ - 2021 External Audit Services Official.Ddf (Public)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=29003&councildate=6/22/2021 10/9/2024