HomeMy WebLinkAboutContract 64112VENDOR SERVICES AGREEMENT
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This VENDOR SERVICES AGREEMENT (Agreement) is made and entered into by and
between the CITY OF FORT WORTH (City or Client), a Texas home rule municipality, and
Experian Employer Services, Inc. (Vendor, Company or EES), each individually referred to as a
party and collectively referred to as the parties.
1.Scope of Services. Vendor will provide City with unemployment costs management
services and employment verification services. Exhibit A, - Scope of Services more specifically describes
the services to be provided hereunder. In the event of any conflict between the terms and conditions of the
attached Exhibits and the terms and conditions set forth in the body of this Agreement, the terms and
conditions of this Agreement control.
2.Term. This Agreement shall begin on the date signed by the Assistant City Manager below
(Effective Date) and shall expire on May 31, 2026 (Expiration Date), unless terminated earlier in
accordance with this Agreement (Initial Term). City shall have the option, in its sole discretion, to renew
this Agreement under the same terms and conditions, for up to four (4) one-year renewal options.
3.Compensation. City shall pay Vendor an annual amount up to Four Thousand Five
Hundred Dollars ($4,500.00) in accordance with the provisions of this Agreement and Exhibit B,
Payment Schedule, which is attached hereto and incorporated herein for all purposes. Vendor shall
not perform any additional services for the City not specified by this Agreement unless the City requests
and approves in writing the additional costs for such services. City shall not be liable for any additional
expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing.
City agrees to pay all invoices of Vendor within thirty (30) days of receipt of such invoice.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to
the effective date of termination and Vendor shall continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor shall provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor shall return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has
made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's
services under this Agreement. In the event that any conflicts of interest arise after the Effective
Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in
writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it by City (City Information) as confidential
and shall not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.3 Unauthorized Access. Vendor 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 City promptly within (72 hours) if the security or
integrity of any City Information has been compromised or is believed to have been compromised,
in which event, Vendor shall, in good faith, use all commercially reasonable efforts to cooperate
with City in identifying what information has been accessed by unauthorized means and shall fully
cooperate with City to protect such City Information from further unauthorized disclosure.
6.Right to Audit. Vendor agrees that City shall, until the expiration of three (3) years after
final payment under this Agreement, or the final conclusion of any audit commenced during the said three
years, have access to and the right to examine at reasonable times any billing records relating to City to
assure compliance with the terms of the Agreement at no additional cost to City. City shall at all times
comply with applicable law and Vendors security procedures and confidentiality requirements. Citys right
to audit EES shall be subject to each of the following: (a) written notice to Vendor of not less than ten (10)
business days; (b) an agreed-upon statement between EES and Client of the scope of any such audit; (c)
EESs ability to participate in the audit; and (d) a post-audit conference whereby EES and Client will discuss
the results and mutually agree upon any commercially reasonable changes to be made with respect to such
audit. Under no circumstances shall Client have the right to audit, or otherwise access or view, EES Data
or any of EESs databases.
7.Independent Contractor. It is expressly understood and agreed that Vendor shall operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor shall have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors and subVendors. Vendor acknowledges that the doctrine of respondeat superior shall
not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, Vendors and subVendors. Vendor further agrees that nothing herein shall be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City shall in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, servants, employees or subVendor of Vendor. Neither Vendor, nor any officers, agents,
servants, employees or subVendor of Vendor shall be entitled to any employment benefits from City.
Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself,
and any of its officers, agents, servants, employees or subVendor.
8. Liability and Indemnification.
8.1 LIABILITY - CITY AGREES THAT VENDORS TOTAL AGGREGATE
LIABILITY UNDER THE AGREEMENT, REGARDLESS OF THE NATURE OF THE
LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, IS LIMITED TO
DIRECT DAMAGES.VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE GROSS
NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL
MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES;
NOTWITHSTANDING THE FORGOING EESS TOTAL AGGREGATE LIABILITY FOR
SUCH CLAIMS, LOSSES, AND DAMAGES SHALL NOT EXCEED $500,000.
8.2 NOTWITHSTANDING ANY OTHER PROVISION OF THE AGREEMENT,
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY
INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCREASED
DAMAGES, OR DAMAGES TO BUSINESS REPUTATION, DAMAGES ARISING FROM
LOSS OF BUSINESS WITH THIRD PARTIES, OR LOSS OF PROFITS FROM
TRANSACTIONS WITH THIRD PARTIES, OR WILLFUL INFRINGMENT BY THE
OTHER PARTY, WHETHER ANY OF THE FOREGOING ARE FORESEEABLE OR NOT,
AND HOWEVER CAUSED, EVEN IF SUCH PARTY IS ADVISED OF THE POSSIBILITY
THAT SUCH DAMAGES OR LOST PROFITS MIGHT ARISE
8.3 GENERAL INDEMNIFICATION SUBJECT TO THE LIMITATION OF
LIABILITY IN SECTION 8.1 AND 8.2 VENDOR HEREBY COVENANTS AND AGREES TO
INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL THIRD PARTY
CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE GROSS
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS,
AGENTS, SERVANTS OR EMPLOYEES.
8.4 INTELLECTUAL PROPERTY INDEMNIFICATION Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from Citys use of the software and/or documentation in accordance with this
Agreement, it being understood that this agreement to defend, settle or pay shall not apply if
City modifies or misuses the software and/or documentation. So long as Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor shall have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City shall, at its own cost, have the right to fully participate in any and all such
settlement, negotiations, or lawsuit as necessary to protect Citys interest, and City agrees to
cooperate with Vendor in doing so. In the event that Vendor refuses to defend claims or
actions tendered to it by the City, the City may assume the responsibility for payment of costs
and expenses for any claim or action brought against City for infringement arising under this
Agreement, and City shall have the sole right to conduct the defense of any such claim or
action and all negotiations for its settlement or compromise and to settle or compromise any
such claim; however, Vendor shall fully participate and cooperate with City in defense of
such claim or action. City agrees to give Vendor timely written notice of any such claim or
action, with copies of all papers City may receive relating thereto. Notwithstanding the
foregoing, Citys assumption of payment of costs or expenses shall not eliminate Vendors
duty to indemnify City under this Agreement. If the software and/or documentation or any
part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result
of a settlement or compromise, such use is materially adversely restricted, Vendor shall, at
its own expense and as City's sole remedy, either: (a) procure for City the right to continue
to use the software and/or documentation; or (b) modify the software and/or documentation
to make it non-infringing, provided that such modification does not materially adversely
affect City's authorized use of the software and/or documentation; or (c) replace the software
and/or documentation with equally suitable, compatible, and functionally equivalent non-
infringing software and/or documentation at no additional charge to City; or (d) if none of
the foregoing alternatives is reasonably available to Vendor terminate this Agreement, and
refund all amounts paid to Vendor by City, subsequent to which termination City may seek
any and all remedies available to City under law.
9.Assignment and Subcontracting.
9.1 Assignment. Vendor shall not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee shall execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement
prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a
written agreement with Vendor referencing this Agreement under which sub Vendor shall agree to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor shall provide City with a fully executed copy of any such
subcontract.
10.Insurance. Vendor shall provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any work pursuant to this Agreement:
10.1 Coverage and Limits
(a)Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Vendor, its employees, agents,
representatives in the course of providing services under this Agreement. Any
vehicle shall be any vehicle owned, hired and non-owned.
(c) Workers Compensation:
Statutory limits according to the Texas Workers Compensation Act or any other
state workers compensation laws where the work is being performed
Employers liability
$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000 - Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions):
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall be claims-made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance shall be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall
name City as an additional insured thereon, as its interests may appear. The term
City shall include its employees, officers, officials, agents, and volunteers in
respect to the contracted services.
(b) The workers compensation policy shall include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days notice of cancellation or reduction in
limits of coverage shall be provided to City. Ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be authorized to do business in the
State of Texas. All insurers must have a minimum rating of A- VII in the current
A.M. Best Key Rating Guide, or an equivalent rating with a similar rating
agency. If the rating is below that required, written approval of Risk Management
is required.
(e) Any failure on the part of City to request required insurance
documentation shall not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance shall be delivered to the City.prior to Vendor proceeding with any work
pursuant to this Agreement.
11.Compliance with Laws, Ordinances, Rules and Regulations. The Parties agrees that in
the performance of their obligations hereunder, they shall comply with all applicable federal, state and local
laws, ordinances, rules and regulations. Any work Vendor produces in connection with this Agreement
will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If either
party notifies the other party of any violation of such laws, ordinances, rules or regulations, The violating
party shall immediately desist from and correct the violation. Each party will abide by the terms of the Data
Protection Addendum (DPA), which is attached hereto and incorporated herein for all purposes. The DPA
governs each partys privacy obligation with respect to Personal Information (defined below).
12.Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
subVendors and successors in interest, as part of the consideration herein, agrees that in the performance
of Vendors duties and obligations hereunder, it shall not discriminate in the treatment or employment of
any individual or group of individuals on any basis prohibited by law. SUBJECT TO THE LIMITATION
OF LIABILITY IN SECTION 8.1 & 8.2 IF ANY CLAIM ARISES FROM AN ALLEGED
VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL
REPRESENTATIVES, ASSIGNS, SUBVENDORSS OR SUCCESSORS IN INTEREST, VENDOR
AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND
HOLD CITY HARMLESS FROM SUCH CLAIM.
13.Notices. Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives or (2) received by the other party by United States Mail, registered,
return receipt requested, addressed as follows:
To CITY:
City of Fort Worth
Attn: Assistant City Manager
100 Fort Worth Trail
Fort Worth, TX 76102-6314
With copy to Fort Worth City Attorneys Office at
same address
To VENDOR:
Experian Employer Services, Inc.
Steve Solovic, Senior Vice President
475 Anton Boulevard
Costa Mesa, CA 92626
14.Solicitation of Employees. Neither City nor Vendor shall, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision shall not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15.Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16.No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or
Vendors respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17.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 pursuant to 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.
18.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.
19.Force Majeure. City and Vendor shall exercise their best efforts to meet their 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, 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.
20.Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the
scope of any provision of this Agreement.
21.Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this
Agreement or its Exhibits.
22.Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23.Entirety of Agreement. This Agreement, including Exhibits A, B and C, contains the
entire understanding and agreement between City and Vendor, their assigns and successors in interest, as
to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared
null and void to the extent in conflict with any provision of this Agreement.
24.Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute
one and the same instrument.
25.Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendors
option, Vendor shall either (a) use commercially reasonable efforts to re-perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
26.Immigration Nationality Act. Vendor shall verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. SUBJECT TO THE LIMITATION OF LIABILITY IS SECTION 8.1 7 8.2
VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR,
VENDORS EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written
notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this
provision by Vendor.
27.Retained Rights. All Vendor Property, Vendor Confidential Information, and
various databases, improvements, technologies, inventions, developments, ideas, discoveries, and any
other intellectual property associated therewith shall be deemed part of the Services and are owned
by Vendor (or its licensors or providers, as applicable). Nothing contained in the Agreement shall be
deemed to convey to City or to any other party any ownership interest in or to any intellectual
property or data provided in connection with the Services, Vendor Property or Vendor Confidential
Information. Client shall not acquire any rights in or to the Services, Vendor Property or any Vendor
Confidential Information in excess of the scope and/or duration described in the Agreement.
28.Signature Authority. The person signing this Agreement hereby warrants that he/she has
the legal authority 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. This
Agreement and any amendment hereto, may be executed by any authorized representative of Vendor whose
name, title and signature is affixed on the Verification of Signature Authority Form, which is attached
hereto as Exhibit C. Each party is fully entitled to rely on these warranties and representations in entering
into this Agreement or any amendment hereto.
29.Change in Company Name or Ownership. Vendor shall notify Citys Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of directors
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
30.No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms boycott Israel
and company shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this contract, Vendor certifies that Vendors signature provides written
verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the contract.
31.Prohibition on Boycotting Energy Companies. Vendor acknowledges that in accordance
with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for
goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public
funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a
written verification from the company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. To the extent that Chapter 2276 of the
Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that
Vendors signature provides written verification to the City that Vendor: (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of this Agreement.
32.Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City
is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which
will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time
employees) unless the contract contains a written verification from the company that it: (1) does not have
a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm
trade association. To the extent that Chapter 2274 of the Government Code is applicable to this
Agreement, by signing this Agreement, Vendor certifies that Vendors signature provides written
verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
against a firearm entity or firearm trade association during the term of this Agreement.
(signature page follows)
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By: _________________________
Name: Dianna Giordano
Title: Assistant City Manager
Date: , 2025
APPROVAL RECOMMENDED:
By:
Name:
Title: Human Resources Director
ATTEST:
By:
Name: Jannette Goodall
Title: City Secretary
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: Sandra Huerta
Title: Employee Labor Relations, Human Resource
Manager
APPROVED AS TO FORM AND LEGALITY:
By:
Name:
Title:Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C:N/A
Form 1295:N/A
EXPERIAN EMPLOYER SERVICES, INC.:
By: _________________________
Name: G. Patrick Murphy
Title: Associate Commercial Counselor
EXHIBIT A
SCOPE OF SERVICES
UNEMPLOYMENT COST MANAGEMENT SERVICES
I. Claims Management
a. The Company shall process for the Client all unemployment compensation claims, at all levels of
protest or appeal, for the account(s) under contract, dealing directly with the state agencies on
behalf of the Client.
b. The Company shall provide hearing guidance to the Client in determining the proper Individual,
necessary documentation and other pertinent guidelines to best assist the Client in all appeals
hearings before all state agencies. It is recognized that the Client has sole discretion as to the final
action taken and the state agencies as to final jurisdiction.
c. City Requested Additional Services: Hearing representation will be provided by the Company at
the request of the Client for an additional fee of $150.00 per telephone hearing and $250.00 per
in-person hearing. Hearing representation must be approved by City in advance.
II. Education Management
a. The Company shall conduct educational seminars for the Client to educate management and
supervisory personnel about rules and regulations pertaining to a claimant's unemployment
compensation eligibility, progressive discipline, documentation, potential liability, and other
valuable guidelines to help protect the Client against unwarranted unemployment claims and
benefit charges. These seminars will be scheduled at a mutually convenient time and at an
appropriate duration at least once per quarter. The Company shall consult with the Client,
whenever necessary or requested to do so, to advise on procedures pertaining to the control and
reduction of unemployment liability.
b. The Company shall inform the Client of significant changes to unemployment compensation
laws, regulations, and interpretations thereof.
c. The Company shall review the Client's existing written policy handbook, manual or rules, at the
Client's request, to provide guidance and information that pertain to the control and reduction of
unemployment compensation liability.
d. The Company shall present to the Client written management reports on a monthly, quarterly and
annual basis. The report shall describe the unemployment activity in the Client's account(s) and
results of the Company's services for the Client.
III. Benefit Charge Auditing and Management
a. The Company shall initiate and maintain an audit of the Client's unemployment benefit charges.
The audit shall consist of the validation of all benefit charges to the Client's account(s) and the
corresponding unemployment claims, checking for erroneous, incorrect and unwarranted
charges. The Company shall file, for the Client, all necessary requests, protests and appeals for
credit to the Client's unemployment account(s) with the appropriate state agency departments for
all erroneous, incorrect and unwarranted charges uncovered in the audit. The Company will
provide the client with an annual budget letter, projecting the client's expected annual
unemployment costs for the upcoming year.
IV. Vendor Affiliates
a. 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.
V. Data Corrections
a. In the event that a City employee notifies EES of an error in any City Data, and EES or City concludes
that the City Data is incorrect, City shall correct the City Data as required. If City does not correct the
City Data, EES may correct the information on behalf of City.
VII Not Legal or Accounting Advice
a. Client acknowledges that the Services are general in scope and designed to assist a wide variety
of employers in various industries and demographics. Accordingly, the Services provided by EES
should not be viewed as legal advice, legal opinion or accounting professional services of any
kind. Usage of the Services are in no way intended to replace Clients actual legal, human
resources and/or labor department expertise. Client assumes all responsibility for the legal
accuracy of its actions and is advised to obtain and seek legal counsel whenever appropriate to
ensure that its specific use of the Services are compliant with all applicable federal and state laws,
rules and regulations.
EMPLOYMENT VERIFICATION SERVICES
This Schedule for Employment Verification Services (the Schedule) is entered into by and between (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 (Clity) as of the Effective Date of this
Agreement.
a. Vendor will manage and respond to requests for verification of employment and income received
related to current and former employees of Client ("Verifications") from third party verifiers
("Commercial Verifiers"). Client will refer all third-party verifiers to Vendor. The Services will
be provided by uConfirm, a subsidiary of Vendor, as the consumer reporting agency of the
Services.
b. All active employees of Client possessing an active Client email address may generate their own
verifications at any time through Vendor's employee portal. Other current and former employees
may contact the Verifications support team to obtain verification information.
c. Social services agencies who are unable to pay for Verifications, or current and former Client
employees, shall not pay fees for the Services.
d. Verifications requested by Commercial Verifiers, such as lenders, landlords, pre- employment
screening firms, etc. shall pay rates set by Vendor, which may be modified from time to time.
e. Should any Client employee be charged by a verifier on a pass-through basis for Vendor's
service, the employee shall be entitled to a prompt reimbursement through Vendor's support
department. Client employees may submit a reimbursement request at any time within six (6)
months of the verification request.
f. Vendor shall provide the Services at no additional charge to Client.
g. Vendor will be the exclusive provider of Services. During the Agreement term, Client will ensure
that all Verification requests are directed to Vendor. 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.
h. The parties agree that for purposes of this Agreement, 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. Vendor may, on
behalf of uConfirm, incorporate at Vendor'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 Vendor, 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.
i. Pursuant to its obligations under the FCRA, should uConfirm, or Vendor 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.
j. Data Quality and Provision. uConfirms 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.
EXHIBIT B
PRICE SCHEDULE
City shall pay Vendor an annual amount up to Four Thousand Five Hundred Dollars ($4,500.00).
Vendor shall not perform any additional services for the City not specified by this Agreement unless the
City requests and approves in writing the additional costs for such services. City shall not be liable for
any additional expenses of Vendor not specified by this Agreement unless City first approves such
expenses in writing. City agrees to pay all invoices of Vendor within thirty (30) days of receipt of such
invoice.
Status # Item
Quantity
Required Unit Price Total Cost
Success: All values provided #1-1 Unemployment Claims Management &
Employment Verification Services 1 $ 4,500.00 $ 4,500.00
Grand Total $ 4,500.00
Exhibit C
All furnishers of information to consumer reporting agencies must comply with all applicable regulations.
Information about applicable regulations currently in effect can be found at the Consumer Financial
Protection Bureaus website, www.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 (CRAs). These responsibilities are found ill Section 623 of the
FCRA, 15 U.S.C. 1681s-2. State law may impose additional requirements on furnishers. All furnishers of information
to CRAs 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 available at the website of the Consumer Financial Protection Bureau
(CFPB): www.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 upon furnishers:
Accuracy Guidelines
The FCRA requires furnishers to comply with federal guidelines and regulations dealing with the accuracy of
information provided to CRAs by furnishers. Federal regulations and guidelines are available at
www.consumerfinance.gov/learnmore. 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
CRAs 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 CRAs 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 for 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 CRAs . Section 623(a)(1)(B).
If a consumer notifies a furnisher that the consumer disputes the completeness or
accuracy of any information reported by the furnisher, the furnisher may not subsequently report that information
to a CRA without providing notice of the dispute. Section 623(a)(3).
Furnishers must comply with federal regulations that identify when an information furnisher must investigate a
dispute made directly to the furnisher by a consumer. Under these regulations, furnishers must complete an
investigation within 30 days (or 45 days, if the consumer later provides relevant additional information) unless the
dispute is frivolous or irrelevant or comes from a "credit repair organization." Section 623(a)(8). Federal regulations
are available at www.consumerfinance.gov/learnmore. 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 referenced the dispute, and, if the investigation
establishes that the information was, in fact, incomplete or inaccurate, report the results to
all CRAs to which the furnisher provided the information that compile and maintain files on a nationwide basis.
Section 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 c loses a credit account, any person who regularly and in the ordinary course of business
furnished information to one or more CRAs must report this fact when it provides information to CRAs 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 lo 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 CRAs 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. lf 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 CFPB has prescribed model disclosures, 12 CFR Part 1022, App. B.
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 CRAs to which it
reports of this fact Section 623(a)(9). This notice will enable CRAs 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 CRAs 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 CRA 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 605B 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 CFPB's website, www.consumerfinance.gov/learnmore, has more information about the FCRA, including
publications for businesses and the full text of the FCRA.
CITATIONS FOR FCRA SECTIONS IN THE U.S. CODE, 15 U.S.C. § 1681 ET. SEQ.:
Section 602 15 U.S.C. 1681 Section 610 15 U.S.C. 1681h Section 620 15
U.S.C. 1681r
Section 603 15 U.S.C. 1681a Section 611 15 U.S.C. 1681i Section 621 15
U.S.C. 1681s
Section 604 15 U.S.C. 1681b Section 612 15 U.S.C. 1681j Section 622 15
U.S.C. 1681s-1
Section 605 15 U.S.C. 1681c Section 613 15 U.S.C. 1681k Section 623 15
U.S.C. 1681s-2
Section 605A 15 U.S.C. 1681c-1 Section 615 15 U.S.C. 1681m Section 624 15
U.S.C. 1681t
Section 605B 15 U.S.C. 1681c-2 Section 616 15 U.S.C. 1681n Section 625 15
U.S.C. 1681u
Section 606 15 U.S.C. 1681d Section 617 15 U.S.C. 1681o Section 626 15
U.S.C. 1681v
Section 607 15 U.S.C. 1681e Section 618 15 U.S.C. 1681p Section 627 15
U.S.C. 1681w
Section 608 15 U.S.C. 1681f Section 619 15 U.S.C. 1681q Section 628 15
U.S.C. 1681x
Section 609 15 U.S.C. 1681g
Exhibit D: Data Privacy Addendum
This Data Privacy Addendum (DPA) is agreed to by EES and Client, each a Party and together, the Parties. This DPA shall
be effective as of the earlier of the Effective Date of the Agreement or the date that Personal Information is first Processed (as
defined below) by EES.
Because EES may use and/or process Personal Information to provide Services to Client, the Parties desire to establish each
Partys privacy obligations with respect to such Personal Information.
In consideration of the mutual obligations in this DPA, the Parties agree as follows:
1. Definitions. Capitalized terms used but not defined in this DPA shall have the meaning ascribed to them
in the Agreement.
a. Personal Information is information received from Client that identifies, relates
to, describes, is reasonably capable of being associated with, or could reasonably be
linked, directly or indirectly, with a particular consumer or household.
b. Each of Business, Collects (and Collected or Collection), Consumer,
Controller, Business Purpose, Process (and Processes or Processed),
Processor (and Processing), Sell (and Selling, Sale, or Sold), Service
Provider, Subcontractor (and Subcontracted) and Sub-Processor (and Sub-
Processing), shall have the meanings given to each term as set forth in the respective
Privacy Laws.
c. Business Purpose" means the specified uses and Processing limitations for
Personal Information as specified in Privacy Laws, and including the uses as set forth in
the applicable Schedule.
d. Privacy Laws means all applicable United States federal and state data
protection and privacy laws, rules, and regulations that relate to the Collection and
Processing of Personal Information, including: (a) the California Consumer Privacy Act of
2018 (CCPA), (b) the California Privacy Rights Act of 2020 (CPRA), (c) the Virginia
Consumer Data Protection Act (VCDPA), (d) the Colorado Privacy Act (CPA), (e) the
Utah Consumer Privacy Act (UCPA), (f) the Connecticut Data Privacy Act (CDPA), and
(g) any subsequently enacted privacy law within the United States, or any amendment to
current law, together with any rules or regulations promulgated pursuant to any of the
foregoing.
e. Sensitive Information shall have the meaning as set forth in Privacy Laws
and may include social security numbers; non-publicly available government issued
identifiers; financial account information; information, including inferences, about an
individuals health or medical conditions or diagnoses, biometric information; ethnicity or
race, religion, or philosophical beliefs; and sexual orientation or preferences.
2. Processing of Personal Information.
a. Relationship of the Parties. As between the Parties in performance of the Agreement, and subject
to Privacy Laws, EES shall be a Processor and Client shall be a Controller; and, if Client is a Processor
to another Processor, and/or Controller, then EES shall be a Sub-Processor and/or sub-Service Provider
to Client. Notwithstanding the foregoing sentence, EES shall be a Controller with respect to Personal
Information of Client personnel that EES uses for the purpose of administering and managing its
relationship with Client and/or delivering Services, including without limitation Clients internal or external
billing, marketing, information technology, and human resources contacts.
b. Details of the Processing. The nature and purpose of the Processing, the duration of the
Processing, and the rights and obligations of the Parties with respect to the Processing are as set forth
in this DPA and the applicable Schedule. Personal Information subject to Processing hereunder includes
any Personal Information that Client, or third parties acting on Clients behalf, determines they will make
available to EES in connection with the Services, which may include payroll and employment data.
c. Client Responsibilities.
i. Client shall, in its use or receipt of the Services, ensure that the instructions for the Processing
of Personal Information comply with all Privacy Laws and the Agreement. Client shall have sole
responsibility for the accuracy, quality, and legality of Personal Information and the means by
which Client obtained the Personal Information.
ii. Client has fulfilled all requirements, and has all rights, necessary for the provision of the
Personal Information to EES for Processing and the provision of Services as set forth in the
Agreement and this DPA.
iii. Client shall not transmit or deliver any Personal Information to EES that: (i) contains Sensitive
Information unless it has been lawfully collected, and if applicable, specifically consented to, as
required under Privacy Law, (ii) contains any data for which Client has received Consumer
direction to opt-out or delete Personal Information, pursuant to Privacy Laws.
iv. To the extent required by Privacy Laws, Client shall upon notice to EES, use commercially
reasonable efforts to stop and remediate unauthorized use and disclosure of Personal
Information to comply with Privacy Laws, including termination of the respective Schedule or
the Agreement.
v. Client has no basis to believe that it will be unable to comply with the provisions of this Privacy
Amendment.
d. EES Responsibilities.
i. EES shall only use, retain, and Process Personal Information (a) for the limited and specified
purpose of performing the Services specified in the Agreement, or as otherwise permitted by
this DPA, (b) in compliance with Client instructions, or (c) in compliance with a legal obligation,
in which case, EES will notify Client of such legal obligation, unless prohibited by applicable
law.
ii. Except as set forth in this Section 2(d) EES shall not (a) Process Personal Information for EESs
own purposes or benefit, (b) Sell Personal Information, (c) retain, use, process, distribute, or
disclose the Client Personal Information for any purpose other than for the Business Purpose;
or (d) combine Client Personal Information with any other data in a manner that would breach
the Agreement or violate Clients written instruction.
iii. Unless otherwise agreed upon by the parties, EES shall not Sell Personal Information or share
Personal Information for online behavioral advertising to any third party other than, (a) to any
Client designee in accordance with Clients written direction, provided that Client shall notify
EES of any Consumer request to opt out of such sales or sharing, or (b) as may be required by
applicable law.
iv. EES shall implement reasonable safeguards designed to ensure that access to Personal
Information is restricted to only those EES personnel who have a need to know such information
to enable EES to perform its obligations under the Agreement and this DPA. EESs personnel
engaged in the Processing of Personal Information shall be informed of the confidential nature
of the Personal Information, have received training regarding their responsibilities with respect
to Personal Information, and are aware of their obligations of confidentiality with respect to
Personal Information.
v. EES has no basis to believe that it will be unable to comply with the provisions of this Privacy
Amendment, and to the extent required by Privacy Laws, EES shall promptly notify Client if it
makes a determination that it can no longer meet its obligations under Privacy Laws.
e. Use of Third Parties. In the event EES utilizes any Subcontractors, Sub-Processors, Service
Providers or other third parties (each a Third Party, and collectively, the Third Parties) to perform
any Processing of Personal Information subject to this Section, EES shall notify Client of any Third Partys
Processing purposes and afford Client the opportunity to reasonably object to any Third Party. EES shall
obligate Third Parties to comply with applicable provisions of this DPA, commensurate to the Services
being performed, including compliance with all Privacy Laws and to notify EES if any Third Party is unable
to comply with its obligations under Privacy Laws. Additionally, EES will (i) take steps to select and retain
Third Parties that are capable of maintaining appropriate privacy and security measures to protect
Personal Information consistent with Privacy Law; (ii) enter into a written agreement with each Third Party
that imposes obligations on such Third Party that are no less restrictive than those imposed on EES under
this DPA; (iii) only permit Third Parties to obtain Personal Information to deliver the Services EES has
retained such Third Party to provide, consistent with the Services EES is obligated to provide Client
hereunder; and (iv) prohibit Third Parties from using Personal Information for any other purpose.
3. Reasonable Assistance. EES shall direct Consumers to Client for disposition if EES receives (a)
Consumer correspondence, questions, or complaints directed to Client or related to Personal Information; or
(b) a Consumer exercise of statutory rights with respect to Client Personal Information. Upon Clients specific
request and instruction, EES shall (x) provide Client reasonable assistance to facilitate Client response to any
correspondence, question, complaint, or exercise of statutory rights, received from (i) a Consumer in
connection with the Collection and Processing of such Consumers Personal Information (taking into account
the nature of processing and the information available to the processor, by appropriate technical and
organizational measures, insofar as this is reasonably practicable); or (ii) any State enforcement authority in
connection with the Collection and Processing of Personal Information; (y) use reasonable efforts to assist
Client to delete (and require any Third Parties to delete) Personal Information in accordance with Clients
request and Privacy Laws; and (z) promptly provide all information reasonably necessary for Client to comply
with its obligations under Applicable Privacy Laws.
4. Deletion Process and Procedure. EES shall implement and maintain reasonable processes and
procedures to delete Client records that include Personal Information in response to Consumer Personal
Information deletion requests in accordance with Privacy Laws. EES shall delete all such Client records
identified for deletion within a reasonable period following receipt of Clients request not to exceed thirty (30)
days. EES shall confirm each such record deletion to Client by EES standard processes and technical
specifications.
5. Assessments. In addition to any other assessments agreed upon by the Parties in the Agreement, and
to the extent required by Privacy Law, EES shall (a) make available to Client, upon reasonable request, all
information necessary to demonstrate compliance with Privacy Laws, (b) at Clients expense, allow Client the
ability to take reasonable and appropriate steps to help ensure that a recipient of Personal information
Processes such Personal Information in accordance with the CPRA, and (c) not more than once per calendar
year, and at Clients expense, allow and cooperate with reasonable assessments (including data protection
assessments and privacy impact assessments) by Clients designated assessor, in order to determine if EES
is in compliance with the provisions of this DPA.
6. Duration. This DPA shall remain in effect for so long as EES has Personal Information in its possession.
7. Changes in Privacy Laws. In the event that any Privacy Laws are promulgated on or after the Effective
Date that mandate that Client or EES execute contractual terms for the processing of Personal Information
provided by a Party pursuant to this DPA that are not set forth in this DPA, then EES shall set forth such
mandatory legal requirements at www.experian.com/privacylaw and such obligations shall be deemed
incorporated into this Addendum and be binding upon the Parties as if set forth in this DPA.
8. Legal Effect. This DPA shall only become legally binding between Client and EES when signed by both
Parties, and may be executed in counterparts, each of which shall be considered an original but all of which
together shall constitute a single instrument. If this DPA has been electronically signed by a Party, such
signature will have the same legal affect as a handwritten signature.
9. Miscellaneous. Nothing in this DPA shall confer any benefits or rights on any person or entity other than
the parties to this DPA. This Privacy Amendment is made a part of, is subject to, and by this reference is
incorporated into the Agreement. This Privacy Amendment shall be governed by and construed in accordance
with governing law and jurisdiction provisions in the Agreement, except as and to the extent the Privacy Laws
mandatorily apply. In the event of any conflict or inconsistency between the provisions of this DPA and any
provision of the Agreement, the provisions of this DPA shall prevail with respect to such subject matter and to
the extent of such conflict.
Certificate Of Completion
Envelope Id: D42D7E17-39EA-4100-9F52-2CAF1C3D00FD Status: Completed
Subject: Complete with Docusign: CSC XXXX Experian pending vendor final review 9-29.pdf
AgreementPDFName:
Source Envelope:
Document Pages: 21 Signatures: 1 Envelope Originator:
Certificate Pages: 4 Initials: 0 Patrick Murphy
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Patrick.Murphy@experian.com
IP Address: 161.69.90.47
Record Tracking
Status: Original
9/30/2025 9:42:27 AM
Holder: Patrick Murphy
Patrick.Murphy@experian.com
Location: DocuSign
Signer Events Signature Timestamp
Patrick Murphy
Patrick.Murphy@experian.com
Associate Commercial Counsel
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Using IP Address: 161.69.90.47
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Signed: 9/30/2025 9:44:16 AM
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ii. send us an email to GSEDocusignSupport@experian.com and in the body of such request you
must state your email, full name, mailing address, and telephone number. We do not need any
other information from you to withdraw consent.. The consequences of your withdrawing
consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign.com/guides/signer-guide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-box next to I agree to use electronic records and signatures before
clicking CONTINUE within the DocuSign system.
By selecting the check-box next to I agree to use electronic records and signatures, you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify Experian Web Portal as described above, you consent to
receive exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to you by Experian Web Portal during the course of your relationship with
Experian Web Portal.
City Secretary’s Office
Contract Routing & Transmittal Slip
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.
Contractor’s Name:
Subject of the Agreement:
M&C Approved by the Council? *Yes No
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes No
If so, provide the original contract number and the amendment number.
Is the Contract “Permanent”? *Yes No
If unsure, see back page for permanent contract listing.
Is this entire contract Confidential?*Yes No If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: Expiration Date:
If different from the approval date. If applicable.
Is a 1295 Form required?* Yes No
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number:If applicable.
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes No
Contracts need to be routed for CSO processing in the following order:
(Approver)
Jannette S. Goodall (Signer)
Allison Tidwell (Form Filler)
Permanent Contracts
Advanced Funding Agreements
Architect Service
Community Facilities
Completion Agreement
Construction Agreement
Credit Agreement/ Impact Fees
Crossing Agreement
Design Procurement
Development Agreement
Drainage Improvements
Economic Development
Engineering Services
Escrow Agreement
Interlocal Agreements
Lake Worth Sale
Maintenance Agreement/Storm Water
Parks/Improvement
Parks/Other Amenities
Parks/Play Equipment
Project Development
Property/Purchase (Property owned by the City)
Property/Sales (Property owned by the City)
Property/Transfers (Property owned by the City)
Public Art
Sanitary Sewer Main Replacements
Sanitary Sewer Rehabilitations
Settlements (Employees Only)
Streets/Maintenance
Streets/Redevelopment
Streets/Repairs
Streets/Traffic Signals
Structural Demolition (City owned properties)
Utility Relocation
Water Reclamation Facility
Water/Emergency Repair
Water/Interceptor
Water/Main Repairs
Water/Main Replacement
Water/Sanitary Sewer Rehabilitation
Water/Sewer Service
Water/Storage Tank