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HomeMy WebLinkAbout059532-NA1 - General - Contract - Smith Technologies, Inc. dba CornerStone StaffingCSC No. 59532-NA1 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 Smith Temporaries, Inc. dba CornerStone Staffing with its principal location at 1300 Summit Ave., Suite 110, Fort Worth, TX 76102, ("Vendor"). 1. The Network. The City owns and operates a computing environment and network (collectively the "Network"). Vendor wishes to access the City's network in order to provide the City with grant -related 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 the City with grant -related temporary staffing services. 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 ("Expiration Date"). ® Services are being provided in accordance with City Secretary Contract No. 59532. ("Contract") ❑ Services are being provided in accordance with City of Fort Worth PeopleSoft Contract No. . ("PSK #") ❑ Services are being provided in accordance with the Agreement to which this Access Agreement is attached. ("Contract") ❑ 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 OFFICIAL RECORD CITY SECRETARY Network Access Agreement (Rev. 8/28/19) FT. WORTH, TX Page 1 of 4 Vendor pursuant to this Agreement shall be grounds for the City immediately to deny Vendor access to the 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, agents, servants, employees and/or representatives to access the City's Network. 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 breach or threat of breach which could compromise the integrity of the City's Network, including but not 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. Rieht 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 Network Access Agreement (Rev. 8/28/19) Page 2 of 4 Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in 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 Maieure. 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 (Rev. 8/28/19) Page 3 of 4 [Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED AND AGREED:] City: By; Dianna Giordano (Dec 1, 202509:31:35 CST) — Name: Dianna Giordano Title: Assistant City Manager Date: 12/01/2025 Smith Temporaries, Inc. dba CornerStone Staffing By: Name: Colby Wakfrop Title: West District Manager Date: 11 /26/2025 CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: By: Name: Kevin Gunn Title: Director, IT Solutions Approved as to Form and Legality: San�lace �aatl' ra . By. _Candace P.O.,.(Nav 2fi, 2025 1:41 6:28 CST Name: Candace Pagliara Title: Sr. Assistant City Attorney Contract Authorization: M&C: 23-0205 Approval Date: 3/21/2023 Form 1295:2023-972148 Network Access Agreement (Rev. 8/28/19) 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: CyntMa Tyree (Nov & 202510:45:57 CST) Name: Cynthia Tyree Title: Assistant Director, IT Finance City Secretary: b0444�R &0 "000'o' oo� o' 0�' By: v �o o-+o Name: Jannette Goodall aZ; o ssP Title: City Secretary o�Q,� o°19 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 4 of 4 11 /26/25, 9:49 AM CITY COUNCIL AGENDA M&C Review Official site of the City of Fort Worth, Texas FOR�RrTH_ Create New From This M&C DATE: 3/21/2023 REFERENCE **M&C 23- LOG NAME NO.: 0205 CODE: P TYPE: CONSENT PUBLIC HEARING: 13P RFP 23-0010 GRANT TEMPORARY EMPLOYMENT SERVICES TD HR [no] SUBJECT: (ALL) Authorize Execution of Non -Exclusive Agreements with Abacus Corporation and Smith Temporaries, Inc. dba Cornerstone Staffing for Grant -Related Temporary Staffing Services in the Combined Annual Amount Up to $1,200,000.00 for the Aviation Department and Neighborhood Services Department RECOMMENDATION: It is recommended that the City Council authorize the execution of non-exclusive agreements with Abacus Corporation and Smith Temporaries, Inc. dba Cornerstone Stafl related temporary staffing services in the combined annual amount up to $1,200,000.00 and authorize four consecutive one-year renewal options for the Aviation Departrr Neighborhood Services Department through the Human Resources Department. DISCUSSION: The Human Resources Department (HR) approached the Purchasing Division to secure non-exclusive agreements for grant temporary staffing services for the Aviation al Neighborhood Services Departments. The Departments will use these agreements to acquire the necessary temporary staffing services from the temporary agencies for t grant funded positions in a timely manner at established rates. The temporary staffing agencies will have the expertise in expeditiously sourcing, screening, and providing candidates to fill temporary staffing needs for a diverse range ofjob categories. These jobs include administrative/clerical, customer/community services, general labor/m� professional/management services, service trades, skilled trades, and technical positions. The length of assignments vary from a few weeks to several months. Although the current agreement for temporary staffing services is still available for all City Departments (authorized under Mayor and City Council 20-0481), an additional was needed solely for the needs of the Aviation and Neighborhood Services Departments grant -funded temporary services as funds were being heavily acquired for staffil Upon authorization, this will allow both departments their own spending authority using grant funding while allowing the current agreement to have available funds for all n departments. In order to procure these services, Purchasing staff issued Request for Proposal (RFP) No. 23-0010. The RFP consisted of detailed job descriptions, detailing experience education the selected candidates must possess and the obligations of the service providers. The RFP was advertised in the Fort Worth Star -Telegram on December 14, 2022, December 21, 2022, December 22, 2022 as a special ad, December 28, 2022, January 4, 2023, January 11, 2023 and January 18, 2023. Twenty-six (26) response: received. An evaluation panel consisting of representatives from the Human Resources Department and Property Management Department reviewed and scored the submittals usi criteria. The individual scores were averaged for each of the criteria and the final scores are listed in the table below. Bidders Evaluation Factors F _aF _bF _dl Total Scores Cornerstone Staffing 14.67 11.33 10 36.26 72.26 Abacus Corporation 11.33 10.67 10 39.69 71.69 22nd Century Technologies, Inc 10 10.67 10 40.00 70.67 CathyJon Enterprises, Inc dba HB Staffingi 68.74 Bridgework Partners 12 11.33 10 35.39 68.72 Diverse Staffing Services, Inc 12.67 10.67 10 34.65 67.99 Dataman USA, LLC 9.33 10.67 10 37.48 67.48 Marathon Staffing Group 10 10 10 36.69 66.69 Ad -A -Staff, Inc 10 10 10 36.22 66.22 One Elite Staffing 10 10.67 10 35.28 65.95 Diskriter Inc 9.33 10.67 10 35.28 65.28 Compunnel Software Group 10.67 10 8.67 0 Bidder did not meet technical points; therefore, cost was not ev LancesoftInc 7.33 10 10 X� Bidder did not meet technical points; therefore, cost was not ev Terra Staffing Group 7.33 10 10 X� Bidder did not meet technical points; therefore, cost was not ev ATA Services, Inc © 10.67 10 X� Bidder did not meet technical points; therefore, cost was not ev Appleone-Phoenix Remote © 10.67 10 X� Bidder did not meet technical points; therefore, cost was not ev Infojini, Inc 6.67 10 10 X� Bidder did not meet technical points; therefore, cost was not ev Noor Staffing Group, Inc 6.67 9.33 10 0 Bidder did not meet technical points; therefore, cost was not ev Abacus Services Corp © 10 10 0 Bidder did not meet technical points; therefore, cost was not ev Information Systems Consulting Inc © 10 10 0 Bidder did not meet technical points; therefore, cost was not ev SuiteMate Staffing Solutions 4.67 10 10 X� Bidder did not meet technical points; therefore, cost was not ev HJ Staffing ® 10 10 X� Bidder did not meet technical points; therefore, cost was not ev Grayson HR 6.67 6.67 10 X� Bidder did not meet technical points; therefore, cost was not ev Debbie's Staffing ©© 10 X� Bidder did not meet technical points; therefore, cost was not ev Rapid Staffing �0 ® 10 X� Bidder did not meet technical points; therefore, cost was not ev MD Martin 3.33 ® 10 0 Bidder did not meet technical points; therefore, cost was not ev Best Value Criteria: a. Contractor's capability b. Contractor's experience in providing temporary employment services to public entities similar in size of the City c. Contractor's references apps.cfwnet.org/council_packet/mc_review.asp?ID=30832&councildate=3/21 /2023 1/2 11 /26/25, 9:49 AM d. Cost M&C Review Compunnel Software Group, Lancesoft Inc, Terra Staffing Group, ATA Services, Inc, Appleone-Phoenix Remote, Infojini, Inc, Noor Staffing Group, Inc, Abacus Services Q Information Systems Consulting Inc, SuiteMate Staffing Solutions, HJ Staffing, Grayson HR, Debbie's Staffing, Rapid Staffing, MD did not score at least 50\0/o of the total points for technical criteria and, therefore, were not qualified to receive pricing points. After evaluation, the panel concluded that Abacus Corporation and Smith Temporaries, Inc. dba Cornerstone Staffing presented the best value to the City. Therefore, the K recommends that Council authorize non-exclusive agreements with these vendors. Under these non-exclusive agreements, the department will order services according t cost and availability. No guarantee was made that a specific amount of services would be purchased. Staff certifies that the recommended vendors' bids met specification: Approval of this Mayor and Council Communication authorizes a combined, annual maximum amount of $1,200,000.00 subject to actual appropriation for this purpose. Th actual spend for the first year is $952,000.00. The annual amount used will be based on the need of the department and available budget. The current annual department this agreement is: Departmen Amount ~Y Account Name Aviation Department $127,000.00 Temp Labor Service Neighborhood Services Department $825,000.00 Temp Labor Service Funding is budgeted in the Temp Labor Service account of the Aviation Departments Municipal Airport Fund and in the Neighborhood Services Department's Grants Open Fund for the purpose of funding various grant projects, as appropriated. DIVERSITY AND INCLUSION (DVIN)-Awaiver of the goal for Business Equity subcontracting requirement is approved by the DVIN-BE, in accordance with the Busines< Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. AGREEMENT TERMS - Upon City Council approval, this agreement shall begin upon execution and expire one year from that date. RENEWAL TERMS -This agreement may be renewed for four additional one-year renewal periods. This action does not require specific City Council approval provided th Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. ADMINISTRATIVE CHANGE ORDERS - In addition, an administrative change order or increase may be made by the City Manager up to the amount allowed by relevant Fort Worth City Code and does not require specific City Council approval. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital & operating budgets, as previously appropriated, in the Grants Operating Federal Fund for v projects and in the Municipal Airport Fund to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred Neighborhood Services and Aviation Departments have the responsibility to validate the availability of funds. BQN\\ I4 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: Reginald Zeno (8517) Fernando Costa (6162) Reginald Zeno (8517) Victor Turner (8187) Jo Ann Gunn (8525) Taylor Dean (7648) ATTACHMENTS 1295 Form - Abacus Corporation.pdf (CFW Internal) 1295 Form - Cornerstone Staffing,pdf (CFW Internal) 13P RFP 23-0010 GRANT TEMPORARY EMPLOYMENT SERVICES TD HR funds availabilitypdf (CFW Internal) 13P RFP 23-0010 GRANT TEMPORARY EMPLOYMENT SERVICES TD HR Updated FID.xlsx (CFW Internal) Abacus Corporation.pdf (CFW Intemal) HR 2863 Request for Waiver of Business Equity Goal 12.5.22 GV.pdf (CFW Internal) Smith Temporaries, Inc. dba Cornerstone Staffing,pdf (CFW Intemal) apps.cfwnet.org/council_packet/mc_review.asp?ID=30832&councildate=3/21 /2023 2/2 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Smith Temporaries, Inc. dba Cornerstone Staffing Subject of the Agreement Network Access Agreement for CSC 59532, this Network Access Agreement is to grant access to Smith Temporaries, Inc. dba CornerStone Staffing for the purpose of fulfilling services as stated in CSC 59532. M&C Approved by the Council? * Yes 8 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 CSC 59532-NA1 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 8 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: 5/30/2026 If applicable. Is a 1295 Form required? * Yes 8 No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. N/A *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following _ order: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.