HomeMy WebLinkAboutContract 53198-A5CSC No. 53198-A5
FIFTH AMENDMENT
TO
FORT WORTH CITY SECRETARY CONTRACT NO. 53198
This Fifth Amendment to Fort Worth City Secretary Contract No. 53198 ("Fifth
Amendment") is made between the City of Fort Worth ("City,") a municipal corporation and
Weaver and Tidwell, LLP ("Vendor,") a Texas Limited Liability Partnership. City and Vendor
are each individually referred to herein as a "party" and collectively referred to as the "parties."
WHEREAS, City and Vendor entered into an Agreement identified as City Secretary
Contract No. 53198 beginning December 10, 2019 (the "Agreement");
WHEREAS, on August 27, 2024, Mayor and Council Communication ("M&C") 24-0699
authorized the amendment of the Agreement to increase the annual contract amount to a revised
annual amount not to exceed $150,000.00;
WHEREAS, on September 6, 2024, the parties executed the Third Amendment to provide
an estimate of hours needed for annual remediation testing by incorporating Exhibit A-2 for City
of Fort Worth - Payment Card Industry ("PCI") Qualified Security Assessor Services;
WHEREAS, the Vendor notified the City the actual hours needed to complete the annual
remediation testing for the Water payment channel exceeded the estimated hours originally quoted;
and
WHEREAS, it is the collective desire of the parties to amend the Agreement to include
Exhibit A-5 PCI SAQ Services Contingency Hours to document the actual hours needed for the
annual remediation testing.
NOW THEREFORE, known by all these present, the Parties, acting herein by and
through their duly authorized representatives, agree to the following terms, which amend the
Agreement as follows:
I. AMENDMENTS
1. The Agreement is hereby amended by adding Exhibit A-5 City of Fort Worth —
PCI SAQ Services - 2024, attached to this Fifth Amendment, to incorporate contingency hours
needed for the Water payment channel's annual remediation testing.
2. The total annual amount of the Agreement will remain at an amount not to exceed
$150,000.00.
II. MISCELLANEOUS
All other terms, provisions, conditions, covenants and recitals of the Agreement not
expressly amended herein shall remain in full force and effect.
OFFICIAL RECORD
[Signature Page Follows] CITY SECRETARY
FT. WORTH, TX
Fifth Amendment to Fort Worth City Secretary Contract No. 53198 Page 1 of 2
[Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED
AND AGREED:]
City:
By:
Dianna Giordano (Apr 25,2025 12:35 CDT)
Name:
Dianna Giordano
Title:
Assistant City Manager
04/25/2025
Date:
WEAVER AND TIDWELL, L.L.P.
By: (4*
Name: Brian J. Thomas/
Title: Partner. National Practice Leader
Date: 4/15/25
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
By: /
Name: Kevin Gunn
Title: Director, IT Solutions
Approved as to Form and Legality
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.
as A
By:
Name: Sudong Lee
Title: Sr. IT Solutions Manager
M. Kevin Anders //
By, M. Kevin Anders, II (Apr 24, 202514:59 CDT) City Secretary:
Name: M. Kevin Anders, II
Title: Assistant City Attorney
By:
Contract Authorization: Name: Jannette S. Goodall
M&C: 24-0699 Title: City Secretary
Approval Date: 08/27/2024
Form 1295: 2024-1186402
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Fifth Amendment to Fort Worth City Secretary Contract No. 53198 Page 2 of 2
Exhibit A-5
City of Fort Worth - PCI SAQ Services - 2024
City of Fort Worth PCI Services Estimate for PCI SAQ Services
Roles
Weaver: Perform remediation testing over the applicable requirements and provide completed SAQ-D and AOC's for the Wafer
payment channel.
City: Review of the SAQ-D and AOC, provide the requested documentation, and be available for walkthroughs.
Reauirement Scope
Water payment channel: 264 Requirements based on the assumptions outlined below.
Activity: Estimate
City of Fort Worth PCI Services Estimate for PCI SAQ Services
Water Payment Channel Hrs Fee
Planning / Proj Mgmt 18 $ 4,162.50
Fieldwork Execution & SAQ Population 43 $ 9,630.00
Review / Reporting / Issuance 22 $ 4,975.00
Services Assumptions:
1. Initial requests for documentation or evidence for Testing will be fulfilled within 15 business days (e.g. populations, inventories,
policies, etc.). Subsequent requests for information (e.g. samples for testing, clarifications on previous requests) will be
responded To within 3 business days. All initial requests are provided prior To The start of fieldwork.
2. For The Water payment channel the applicable SAQ-D requirements will be evaluated and documented with the SAQ-D.
3. The following assumptions were made to identify the applicable requirements:
• No cardholder data is retained or stored. All cardholder data is encrypted at the Point of Interaction (POI) or Point of
Sale (POS) and The City only retains Tokenized transaction information received from The processor.
• All applications are off the shelf and no custom code development is performed for The CDE.
• SSL and early TLS are not utilized for encryption.
4. The city has performed scans of their networks and systems for cardholder data and can provide documentation
demonstrating no cardholder data exists.
5. The Water cardholder data environment is fully segmented from other networks and systems.
6. Issues identified in prior assessments have been remediated and in place for any required periods of time.
7. All "in -scope" requirements have been implemented, an will not require multiple rounds of follow-up between the City and
Weaver.
8. Provided documentation is accurate or fully addresses the request or requirement.
This estimate is dated February 20, 2025 and is valid through March 31, 2025.
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ACITY COUNCIL AGEND
Create New From This M&C
DATE: 8/27/2024 REFERENCE **M&C 24- LOG NAME:
NO.: 0699
CODE: C TYPE: CONSENT PUBLIC
HEARING:
Official site of the City of Fort Worth, Texas
FoRTWoR'11rrH
04PAYMENT CARD
INDUSTRY AUDIT WEAVER
AND TIDWELL
no]
SUBJECT: (ALL) Authorize an Amendment to City Secretary Contract No. 53198 with Weaver and
Tidwell, LLP to Increase the Annual Contract by $50,000.00 for a Recurring Total Annual
Contract Not to Exceed $150,000.00 for the State of Texas Required Annual Payment
Card Industry Audit for the Information Technology Solutions Department, and Authorize
an Additional One -Year Renewal Term Option
RECOMMENDATION:
It is recommended that the City Council authorize an amendment to City Secretary Contract No.
53198 with Weaver and Tidwell, LLP to increase the annual contract by $50,000.00 for a recurring
total annual contract not to exceed $150,000.00 for the State of Texas required Annual Payment Card
Industry Audit for the Information Technology Solutions Department, and authorize an additional one-
year renewal term option.
DISCUSSION:
On December 10, 2019, the City of Fort Worth entered into City Secretary Contract, (CSC), No.
53198, a Vendor Services Agreement with Weaver and Tidwell, LLP to provide the City with Payment
Card Industry, (PCI), Qualified Security Assessor Services and audit the Information Technology
Solutions (ITS) Department and how the City of Fort Worth processes credit card payment made by
residents, customers, and clientele throughout several departments, as required each year by the
State of Texas, to validate the City of Fort Worth's adherence to the Payment Card Industry, (PCI),
compliance.
The firm selected is required to be a Qualified Security Assessor (QSA) that has been certified by the
PCI Security Standards Council, and the certification must be in accordance with the processing
bank's requirements. Weaver and Tidwell, LLP is a licensed, experienced auditing firm with certified IT
and Accounting professionals.
This Mayor and Council Communication (M&C), requests authorization to amend CSC 53198 to
increase the annual amount of the contract by $50,000.00 for the new recurring annual total of
$150,000.00, for the Annual PCI Audit and add a one-year term renewal option.
A Chapter 252 exemption form, related to these professional services, was approved by the City
Attorney's Office.
AGREEMENT TERM - Upon City Council's approval, this Amendment will begin once executed by the
Deputy City Manager and end December 9, 2024.
RENEWAL OPTIONS - This agreement may be renewed for one successive one-year term 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.
ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by
the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not
require specific City Council approval as long as sufficient funds have been appropriated.
DVIN: This project was approved for a waiver per the Chapter 252 exemption, as a sole source by the
Legal Department. Therefore, the business equity goal requirement is not applicable.
Funding is budgeted in the Other Contractual Services account within the Grants Capital Projects
Federal Fund for ARPA ITS initiatives project for the IT Solutions Department.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the Grants Cap Projects Federal Fund for the ARPA ITS initiatives project to support
the approval of the above recommendation and execution of the contract. Prior to any expenditure
being incurred, the Information Technology Solutions Department has the responsibility to validate the
availability of funds.This is a reimbursement grant.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by_ Mark McDaniel ()
Originating Department Head: Kevin Gunn (2015)
Additional Information Contact: Donlen Ruffin (2017)
ATTACHMENTS
Approved & Sianed Waiver.pdf (CFW Internal)
FID Table PCI Audit.XLSX (CFW Internal)
Form 1295 Certificate 101233108 Sianed.pdf (CFW Internal)
Funds Availabilitv 7-18-24.docx (CFW Internal)
SAM.pdf (CFW Internal)