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HomeMy WebLinkAboutContract 63651-NA1Network Access Agreement Page 1 of 4 NETWORK ACCESS AGREEMENT This Network Access Agreement ("Agreement") is made and entered into by and between the City of Fort Worth ("City"), a home rule municipal corporation with its principal location at 100 Fort Worth Trail, Fort Worth, Texas 76102, organized under the laws of the State of Texas and 22nd Century Technologies, with its principal location at 8251 Greensboro Drive, Suite 900, McLean, VA 22102("Vendor"). 1. The Network. The City owns and operates a computing environment and network (collectively the "Network"). Vendor the City with temporary staffing services. In order to provide the necessary support, Vendor needs access to various City systems as it pertains to the services agreed upon in the aforementioned City Secretary Contract. 2. Grant of Limited Access. Vendor is hereby granted a limited right of access to the City's Network for the sole purpose of providing services as described in City Secretary Contract No. 63651. Such access is granted subject to the terms and conditions forth in this Agreement and applicable provisions of the City's Administrative Regulation D-7 (Electronic Communications Resource Use Policy), of which such applicable provisions are hereby incorporated by reference and made a part of this Agreement for all purposes herein and are available upon request. 3. Network Credentials. The City will provide Vendor with Network Credentials consisting of user IDs and passwords unique to each individual requiring Network access on behalf of the Vendor. If this access is being granted for purposes of completing services for the City pursuant to a separate contract, then, this Agreement will expire at the completion of the contracted services, or upon termination of the contracted services, whichever occurs first. Otherwise, access rights will automatically expire one (1) year from the date of this Agreement . Services are being provided in accordance with City Secretary Contract No. 63651 Services are being provided in accordance with City of Fort Worth PeopleSoft Contract No. ______. Services are being provided in accordance with the Agreement to which this Access Agreement is attached. Services are being provided without a City Secretary Contract at no cost to the City No services are being provided pursuant to this Agreement 4.Renewal. This Agreement shall renew in accordance with the term of the Contract or PSK #. If there is no Contract or PSK #, this Agreement may be renewed annually by City, in its sole discretion, at the end of the Expiration Date and each renewal term thereafter. Notwithstanding the scheduled contract expiration or the status of completion of services, Vendor shall provide the City with a current list of officers, agents, servants, employees or representatives that require Network credentials on an annual basis. Failure to adhere to this requirement may result in denial of access to the Network and/or termination of this Agreement. 5. Network Restrictions. Vendor officers, agents, servants, employees or representatives may not share the City-assigned user IDs and passwords. Vendor acknowledges, agrees and hereby gives its authorization to the City to monitor Vendor's use of the City's Network in order to ensure Vendor's compliance with this Agreement. A breach by Vendor, its officers, agents, servants, employees or representatives, of this Agreement and any other written instructions or guidelines that the City provides to Vendor pursuant to this Agreement shall be grounds for the City immediately to deny Vendor access to the Network Access Agreement Page 2 of 4 Network and Vendor's Data, terminate the Agreement, and pursue any other remedies that the City may have under this Agreement or at law or in equity. 6. Termination. In addition to the other rights of termination set forth herein, the City may terminate this Agreement at any time and for any reason with or without notice, and without penalty to the City. Upon termination of this Agreement, Vendor agrees to remove entirely any client or communications software provided by the City from all computing equipment used and owned by the Vendor, its officers, 7. Information Security. Vendor agrees to make every reasonable effort in accordance with accepted security practices to protect the Network credentials and access methods provided by the City from unauthorized disclosure and use. Vendor agrees to notify the City immediately upon discovery of a limited to, theft of Vendor-owned equipment that contains City-provided access software, termination or resignation of officers, agents, servants, employees or representatives with access to City-provided Network credentials, and unauthorized use or sharing of Network credentials. 8. LIABILITY AND INDEMNIFICATION. VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ALL DAMAGES THAT THE CITY MAY INCUR DIRECTLY ON ACCOUNT OF ANY BREACH OF THIS AGREEMENT BY VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DAMAGES THAT VENDORMAY INCUR AS A RESULT OF THE CITY'S RESTRICTIONS TO OR DENIAL OF ACCESS TO VENDOR 'S DATA ON ACCOUNT OF ANY BREACH OF THIS AGREEMENT BY VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, OR FOR ANY REASONABLE SECURITY MEASURES TAKEN BY THE CITY. IN ADDITION, VENDORSHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, AND ALL CLAIMS, DEMANDS AND JUDGMENTS THEREFOR, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES. VENDOR, AT VENDOR 'S OWN COST OR EXPENSE, HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES FROM AND AGAINST ANY CLAIM, LAWSUIT, DEMAND OR OTHER ACTION TO THE EXTENT THAT THE SAME ARISES FROM THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 9.Confidential Information. Vendor, for itself and its officers, agents, employees, and representatives, agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Vendor further agrees that it shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. 10. Right to Audit. Vendor agrees that the City shall, during the initial term, any renewal terms, and until the expiration of three (3) years after termination or expiration of this contract, have access to and the right to examine at reasonable times any directly pertinent books, data, documents, papers and records, both hard copy and electronic, of the Vendor involving transactions relating to this Agreement. Vendor agrees that the City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in Network Access Agreement Page 3 of 4 compliance with the provisions of this section. The City shall give Vendor reasonable advance notice of intended audits. Vendor further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, during the initial term, any renewal terms, and until expiration of three (3) years after termination or expiration of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, data, documents, papers and records, both hard copy and electronic, of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. 11. Agreement Cumulative. This Agreement is cumulative of and in addition to any written contracts, agreements, understandings or acknowledgments with the City signed by Vendor. This Agreement and any other documents incorporated herein by reference constitute the entire understanding and Agreement between the City and Vendor as to the matters contained herein regarding Vendor's access to and use of the City's Network. 12. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by an authorized representative of both the City and Vendor. 13. Assignment. Vendor may not assign or in any way transfer any of its interest in this Agreement. Any attempted assignment or transfer of all or any part hereof shall be null and void. 14. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 15. Force Majeure. Each party shall exercise its best efforts to meet its respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 16. Governing Law / Venue. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 17. Signature Authority. By affixing a signature below, the person signing this Agreement hereby warrants that he/she has the legal authority to bind the respective party to the terms and conditions in this agreement and to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. [Signature Page Follows] Network Access Agreement Page 4 of 4 [Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED AND AGREED:] City: By: ___________________________ Name: Dianna Giordano Title: Assistant City Manager Date: ___________________________ 22nd Century Technologies, Inc. By: ___________________________ Name: ___________________________ Title: ___________________________ Date: ___________________________ CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: By: ___________________________ Name: Kevin Gunn Title: Director, IT Solutions Approved as to Form and Legality: By: ___________________________ Name: Candace Pagliara Title: Sr. Assistant City Attorney Contract Authorization: M&C: 25-0580 Approval Date: 6/24/2025 Form 1295: 2025-1316420 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: ___________________________ Name: Title: City Secretary: By: ___________________________ Name: Jannette Goodall Title: City Secretary 09/18/2025 Contracts Manager Isha Sharma 9/25/25, 1:56 PM CITY COUNCIL AGENDA Create New From This M&C DATE: CODE: 6/24/2025 REFERENCE N O.. P TYPE: M&C Review **M&C 25- LOG NAME: 0580 13PP RFP 25-0082 TEMPORARY STAFFING SERVICES DM HRD PUBLIC CONSENT HEARING: NO F�RT�'�ORTI� -�~- SUBJECT: (ALL) Authorize Execution of Non-Exclusive Agreements with Smith Temporaries, Inc. dba CornerStone Staffing, Compunnel Software Group, Inc., Openwork LLC, TRYFACTA, Inc., and 22nd Century Technologies, Inc. for a Three-Year Initial Term and Two Two-Year Renewal Options in a Combined Annual Amount Up to the Listed Identified Amounts for Temporary Staffing Services forAll City Departments RECOMMENDATION: It is recommended that the City Council authorize execution of non-exclusive agreements with Smith Temporaries, Inc. dba CornerStone Staffing, Compunnel Software Group, Inc., Openwork LLC, TRYFACTA, INC., and 22nd Century Technologies, Inc. for a three-year initial term and two two-year renewal options in a combined annual amount up to the listed identified amounts for temporary staffing services for all City departments. DISCUSSION: This Mayor & Council Communication requests City Council authority to execute non-exclusive agreements for temporary staffing services with Smith Temporaries, Inc. dba CornerStone Staffing, Compunnel Software Group, Inc., Openwork LLC, TRYFACTA, INC., and 22nd Century Technologies, Inc. for a three-year initial term and two two-year renewal options in a combined annual amount up to the listed identified amounts below: Term Year Amount Initial Year 1 $3,500,000.00 Initial Year 2 $4,025,000.00 Initial Year 3 $4,628,750.00 First Renewal Year 1 $5,323,062.50 Option First Renewal Year 2 $6,121,521.88 Option Second Renewal Year 1 $7,039,750.16 Option Second Renewal Year 2 $8,095,712.68 Option The Human Resources Department approached the Purchasing Division to solicit a bid for temporary staffing services in the general categories of clerical, management, professional, service trades, technical/para professional, and assistant department director. These services will be used by various City departments. Purchasing issued Request for Proposal (RFP) No. 25-0082 for Temporary Staffing Services which consisted of detailed specifications of the City's standards and requirements. The RFP was advertised in the Fort Worth Star-Telegram on February 26, 2025, March 05, 2025, March 12, 2025, March 19, 2025, March 26, 2025, and April 02, 2025. The City received a total of apps.cfwnet.org/council_packet/mc_review.asp?ID=33441 &councildate=6/24/2025 1 /5 9/25/25, 1:56 PM M&C Review seventy four (74) responses: Smith Temporaries, Inc. dba Cornerstone Staffing, Compunnel Software Group, Inc., Openwork LLC, TRYFACTA, Inc., 22nd Century Technologies, Inc., Midtown Personnel, Inc., AppleOne, Inc., Infojini, Inc., Cogent Infotech Corporation, Abacus Service Corporation, Recruiting Source International, Abacus Corporation, Lancesoft, Inc., Ad-A-Staff, Inc., Radgov, Inc., My Next Career Path Staffing, LLC, Express Employment Professionals, DatamanUSA, LLC, Syntricate Technologies, Inc., Alltex Staffing and Consulting, Harris-Jones Staffing & Recruiting, LLCA, Risun Solutions, Inc., Keystaff, Inc., Upsela Talent Solutions, Inc., Health Advocates Network, Inc., I Staff Solutions, Inc., Drake Nelson, LLC, Mando Technologies, Inc., Hart Employment Services, Rudra Enterprise, LLC, IMCS Group, Inc., Healthcare Staffing Professionals a TrueBlue Company, HCL Global Systems, Inc., Napa Analytics LLC, Sonus Software Solutions, Inc., TeamGlobal, MyBasePay USA, LLC, A& Associates, Absolute Information Technologies, Inc., A-Line Staffing, Advanced Proactive Solutions, LLC, ALOIS, LLC, Apsan Technologies, Beatty's Services, Inc., BridgeWork Partners, Centstone Services, LLC, Coil Digital Consulting, Diskriter, Inc., Donato Technologies, Esolvit, Inc., Fuchsia Services, Inc., Global Force USA, Hanker Systems, Inc., Ho2 Systems, LLC, InnoSoul, Inc., InstantServe, LLC, Marathon Staffing, MDMartin, LLC, MGT Impact Solutions, LLC, Millennium Franchise Group, LLC dba Hacking Solutions, Net2Source, Noor Staffing Group, LLC, NRT Group, Peak Performers, Laine Federal Solutions, Procom Services America, Inc., Prolim Global Corporation, Qultek Consultants, Inc., Sigma, Inc., Simarn, LLC, Staffing Boutique, Inc., Technostaff, LLC, VanderHouwen, and E-Solutions, Inc. An evaluation panel, consisting of representatives from the Human Resources Department, evaluated and scored the submittals using Best Value criteria. The individual scores were averaged for each of the criteria, and the final scores are listed in the table below. TeamGlobal, MyBasePay USA, LLC, and E-solutions, Inc. were deemed non-responsive by the Business Equity Division within the Diversity & Inclusion Department. A& Associates, Absolute Information Technologies, Inc., A-Line Staffing, Advanced Proactive Solutions, LLC, ALOIS, LLC, Apsan Technologies, Beatty's Services, Inc., BridgeWork Partners, Centstone Services, LLC, Coil Digital Consulting, Diskriter, Inc., Donato Technologies, Esolvit, Inc., Fuchsia Services, Inc., Global Force USA, Hanker Systems, Inc., Ho2 Systems, LLC, innoSoul, Inc., InstantServe, LLC, Marathon Staffing, MDMartin, LLC, MGT Impact Solutions, LLC, Millennium Franchise Group, LLC dba Hacking Solutions, Net2source, Noor Staffing Group, LLC, NRT Group, Peak PerFormers, Laine Federal Solutions, Procom Services America, Inc., PROLIM Global Corporation, Qultek Consultants, Inc., Sigma, Inc., Simarn, LLC, Staffing Boutique, Inc., Technostaff, LLC, and VanderHouwen were deemed non-responsive as they did not submit all of the required documentation to be evaluated. Mando Technologies, Inc., Hart Employment Services, Rudra Enterprise, LLC, IMCS Group, Inc., Healthcare Staffing Professionals a TrueBlue Company, HCL Global Systems, Inc., Napa Analytics, LLC, and Sonus Software Solutions, Inc. were deemed non-responsive as it did not score at least 50\% or more of the total points available for the technical criteria necessary for price evaluation. Abacus Corporation, Ad-A-Staff, Inc., AIITex Staffing and Consulting, DatamanUSA, LLC, Drake Nelson, LLC, Express Employment Professionals, Harris-Jones Staffing & Recruiting, LLCA, Health Advocates Network, Inc., I Staff Solutions, Inc., KeyStaff, Inc., LanceSoft, Inc., My Next Career Path Staffing, LLC, RADgov, Inc., Recruiting Source International, Risun Solutions, Inc., Syntricate Technologies, Inc., and UpSela Talent Solutions, Inc. were removed from the evaluation process during the technical review portion. They were not further evaluated due to their lower relative technical scores, and no pricing evaluation was conducted for these submissions. Due to the high volume of proposals and to ensure a manageable and thorough review, the top-ranked vendors based on technical scoring were shortlisted for further consideration. Pricing points were applied only to these top 10 vendors. Only those staffing positions that all top 10 shortlisted vendors bid on were used in the pricing analysis. Pricing totals were calculated exclusively on these common items, allowing for an equitable comparison across all vendors. All pricing information was taken directly from each vendor's submitted bid table. The RFP specified the use of the following Best Value Criteria: a. Cost b. Experience working as a temporary staffing agency for large organizations c. Infrastructure in place to be able to provide quality and timely service for large organizations d. Experience providing temporary staffing services to municipalities apps.cfwnet.org/council_packet/mc_review.asp?ID=33441 &councildate=6/24/2025 2/5 9/25/25, 1:56 PM e. Recruitment Process and Methodology M&C Review Evaluation Criteria Supplier Total Rank a. b. c. d. e. Smith Temporaries, Inc. 26.65 13.50 20.83 13.50 13.50 87.98 1 dba Cornerstone Staffing Compunnel Software 2g,59 12.50 20.00 12.00 11.50 85.59 2 Group, Inc. Openwork LLC 30.00 11.50 20.00 11.00 10.50 83.00 3 TRYFACTA, INC. 26.24 12.50 20.00 12.00 9.50 80.24 4 22nd Century Technologies, 25.75 12.00 18.33 12.00 12.00 80.08 5 Inc. Midtown Personnel Inc 2�•09 12.00 19.17 9.00 11.00 78.25 6 AppleOne, Inc. 23.96 11.50 18.33 11.00 10.50 75.30 7 Infojini, Inc. 22•44 11.50 19.17 11.50 10.50 75.11 8 COGENT Infotech 19.54 11.00 19.17 11.00 10.00 70.71 9 Corporation Abacus Service Corporation 14.84 11.50 18.33 11.00 12.00 67.68 10 After evaluation, the panel concluded that Smith Temporaries, Inc. dba Cornerstone Staffing, Compunnel Software Group, Inc., Openwork LLC, TRYFACTA, INC., and 22nd Century Technologies, Inc. presented the best value to the City. Therefore, the panel recommends that City Council authorize non-exclusive agreements to these five vendors. No guarantee was made that a specific amount of these services would be purchased. Staff certifies that the recommended vendors' proposal met specifications. BUSINESS EQUITY: The Business Equity Division placed a 14.60\% business equity goal on this solicitation/contract. Smith Temporaries, Inc. will be exceeding the goal at 15\%, meeting the City's Business Equity Ordinance. Compunnel Software Group, Inc., has agreed/committed to utilize 14.60\% business equity subcontractor participation for the scope of work, meeting the City's Business Equity Ordinance. 22nd Century Technologies, Inc. and Tryfacta Inc., will be exceeding the goal at 100\% as a Business Equity Prime and self- performing the scope of the services, meeting the City's Business Equity Ordinance. Openwork LLC submitted a Prime Waiver Form, which is in accordance with the City's Business Equity Ordinance. Openwork LLC, will be self-performing the entire scope of the contract. Any changes in subcontractors will be reviewed by the Business Equity Division. AGREEMENT TERM: Upon City Council approval, the initial term of these non-exclusive agreements will begin on September 2, 2025 and expire on September 30, 2028. The combined annual amount of these agreements is up to $3,500,000.00 for the first year of the initial term, $4,025,000.00 for the second year of the initial term, and $4,628,750.00 for the third year of the initial term; However, the actual amount used will be based on the needs of the department and available budget. A 15\% apps.cfwnet.org/council_packet/mc_review.asp?ID=33441 &councildate=6/24/2025 3/5 9/25/25, 1:56 PM M&C Review annual increase is being requested to support the City's acquisition of MedStar and integration of Emergency Medical Services (EMS) personnel. RENEWAL OPTIONS: These Agreements may be renewed for up to two two-year renewal terms. The combined annual amount for renewal options is up to: $5,323,062.50 of the first year of the first renewal term, $6,121,521.88 of the second year of the first renewal term, $7,039,750.16 of the first year of the second renewal term, and $8,095,712.68 of the second year of the second renewal term. This action does not require specific City Council approval, provided the City Council has appropriated sufficient funds to satisfy the City's obligation 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. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the participating departments' General Funds to support the approval of the above recommendation and execution of non-exclusive agreements. Prior to an expenditure being incurred, the participating departments have the responsibility to validate the availability of funds. BQN\\ TO rFund 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_ Originating Department Head: Additional Information Contact: ATTACHMENTS Reginald Zeno (8517) Dianna Giordano (7783) Reginald Zeno (8517) Holly Moyer (7847) Brandy Hazel (8087) Denise Medrano (8063) 25-0082 (RFP Temporary Staffing Services) Final-CC.pdf (CFW Internal) Form 1295 - SMITH TEMPORARIES, INC. dba CORNERSTONE STAFFING.pdf (CFW Internal) Form 1295 Certificate - 22nd Century Technologies, Inc.pdf (CFW Internal) Form 1295 Certificate - COMPUNNEL SOFTWARE GROUP, INC..pdf (CFW Internal) Form 1295 Certificate - Openwork LLC.pdf (CFW Internal) Form 1295 Certificate - TRYFACTA, INC..pdf (CFW Internal) SAM - 22nd Century Technologies, Inc.pdf (CFW Internal) SAM - COMPUNNEL SOFTWARE GROUP, INC..pdf (CFW Internal) SAM - Openwork LLC.pdf (CFW Internal) SAM - SMITH TEMPORARIES, INC. dba CORNERSTONE STAFFING.pdf (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp?ID=33441 &councildate=6/24/2025 4/5 9/25/25, 1:56 PM M&C Review SAM - TRYFACTA, INC..pdf (CFW Internal) SOS - 22nd Century Technologies, Inc.pdf (CFW Internal) SOS - COMPUNNEL SOFTWARE GROUP, INC..pdf (CFW Internal) SOS - Openwork LLC.pdf (CFW Internal) SOS - SMITH TEMPORARIES, INC. dba CORNERSTONE STAFFING.pdf (CFW Internal) SOS - TRYFACTA, INC.pdf (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp?ID=33441 &councildate=6/24/2025 5/5