Contract - Kelmar Global - 11/18/2021CITY OF ROUND ROCK AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES RELATED TO
EMPLOYEE BACKGROUND INVESTIGATIONS WITH
KELMAR GLOBAL, INC.
THE ST ATE OF TEXAS §
§
§
§
§
§
THE CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
KNOW ALL BY THESE PRESENTS
THIS AGREEMENT for professional consulting services related to employee
background investigations, and for related goods and services (referred to herein as the
"Agreement"), is made and entered into on this the � day of the month of
NoVe.rv\.b.er , 2021 by and between the CITY OF ROUND ROCK, a Texas home-rule
municipality, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299
(referred to herein as the "City"), and KELMAR GLOBAL, INC., whose offices are located at
23119 lH-10 West, Building #6, San Antonio, Texas 78230 (referred to herein as "Kelmar
Global").
RECITALS:
WHEREAS, professional consulting services pertaining to conducting employee
background investigations are desired by the City; and
WHEREAS, the City has determined that there is a need for the delineated services; and
WHEREAS, the City issued a Request for Proposal ("RFP") for said services; and
WHEREAS, the City has determined that Kelmar Global, Inc. provides the best value to
the City; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
0048151 0/ss2
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Kelmar Global
whereby City agrees to buy specified services and Kelmar Global is obligated to provide same.
The Agreement includes any exhibits, addenda, and or amendments thereto.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Services mean work performed to meet a demand or effort by Kelmar Global to
comply with promised delivery dates, specifications, and technical assistance specified.
2.0 EFFECTIVE DATE,DURATION,AND TERM
A. This Agreement shall be effective on the date this Agreement has been signed by
each party hereto, and shall remain in full force and effect unless and until it expires by operation
of the term indicated herein, or is terminated or extended as provided herein.
B. This Agreement shall be for sixty (60)months from the effective date hereof.
C. City reserves the right to review the relationship with Kelmar Global at any time,
and may elect to terminate this Agreement with or without cause or may elect to continue.
3.0 SCOPE OF SERVICES
Kelmar Global has issued its proposal for services, such proposal for services being
attached to this Agreement as Exhibit "A" titled "Scope of Services," which shall be referred to
as the Scope of Services of this Agreement and incorporated herein by reference for all purposes.
Kelmar Global shall satisfactorily provide all services described herein and as set forth in
Exhibit "A." Kelmar Global shall perform services in accordance with this Agreement, in
accordance with the appended Scope of Services and in accordance with due care and prevailing
consulting industry standards for comparable services.
2
4.0 LIMITATION TO SCOPE OF SERVICES
Kelmar Global's undertaking shall be limited to performing services for City and/or
advising City concerning those matters on which Kelmar Global has been specifically engaged.
Kelmar Global and City agree that the Scope of Services to be performed is enumerated in
Exhibit "A" and herein, and may be increased during the term of the Agreement to include
financial services in addition to Purchasing Card Services, but only with a written Supplemental
Agreement executed by both parties as described in Section 10.0.
5.0 CONTRACT AMOUNT
In consideration for the professional consulting services to be performed by Kelmar
Global, City agrees to pay Kelmar Global an amount not-to-exceed Seventy-Seven Thousand
Nine Hundred Twenty-Five and No/100 Dollars ($77,925.00) to be paid as set forth in Exhibit
"A"and herein.
6.0 INVOICE REQUIREMENTS; TERMS OF PAYMENT
Invoices: To receive payment, Kelmar Global shall prepare and submit detailed invoices
to the City, in accordance with the delineation contained herein, for services rendered. Such
invoices for professional services shall track the referenced Scope of Work, and shall detail the
services performed, along with documentation for each service performed. Payment to Kelmar
Global shall be made on the basis of the invoices submitted by Kelmar Global and approved by
the City. Such invoices shall conform to the schedule of services and costs in connection
therewith.
Should additional backup material be requested by the City relative to service
deliverables, Kelmar Global shall comply promptly. In this regard, should the City determine it
necessary, Kelmar Global shall make all records and books relating to this Agreement available
to the City for inspection and auditing purposes.
Payment of Invoices: The City reserves the right to correct any error that may be
discovered in any invoice that may have been paid to Kelmar Global and to adjust same to meet
the requirements of this Agreement. Following approval of an invoice, the City shall endeavor to
pay Kelmar Global promptly, but no later than the time period required under the Texas Prompt
Payment Act described in Section 8.0 herein. Under no circumstances shall Kelmar Global be
entitled to receive interest on payments which are late because of a good faith dispute between
Kelmar Global and the City or because of amounts which the City has a right to withhold under
this Agreement or state law. The City shall be responsible for any sales, gross receipts or similar
taxes applicable to the services, but not for taxes based upon Kelmar Global's net income.
7.0 INSURANCE
Kelmar Global shall meet all City of Round Rock Insurance Requirements set forth at:
https•//www roundrocktexas og v/wp-content/Toads/2014/12/corr insurance 07.20112.pdf
3
8.0 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by the City to Kelmar Global will be made within thirty (30) days of the date the City
receives goods under this Agreement, the date the performance of the services under this
Agreement are completed, or the date the City receives a correct invoice for the goods or
services, whichever is later. Kelmar Global may charge interest on an overdue payment at the
"rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in
accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt
Payment Policy does not apply to payments made by the City in the event:
(a) There is a bona fide dispute between the City and Kelmar Global, a
contractor, subcontractor, or supplier about the goods delivered or the service
performed that cause the payment to be late; or
(b) There is a bona fide dispute between Kelmar Global and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the
service performed that causes the payment to be late; or
(c) The terms of a federal contract, grant, regulation, or statute prevent the City
from making a timely payment with federal funds; or
(d) The invoice is not mailed to the City in strict accordance with any instruction
on the purchase order relating to the payment.
9.0 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of the City's current revenues only. It is understood and
agreed that the City shall have the right to terminate this Agreement at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the
services as determined by the City's budget for the fiscal year in question. The City may affect
such termination by giving Kelmar Global a written notice of termination at the end of its then-
current fiscal year.
10.0 SUPPLEMENTAL AGREEMENT
The terms of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by City Council or by the City Manager, if the City determines that there
has been a significant change in (1) the scope, complexity, or character of the services to be
performed; or (2) the duration of the work. Any such Supplemental Agreement must be
executed by both parties within the period specified as the term of this Agreement. Kelmar
Global shall not perform any work or incur any additional costs prior to the execution, by both
parties, of such Supplemental Agreement. Kelmar Global shall make no claim for extra work
done or materials furnished unless and until there is full execution of any Supplemental
Agreement, and the City shall not be responsible for actions by Kelmar Global nor for any costs
4
incurred by Kelmar Global relating to additional work not directly authorized by Supplemental
Agreement.
11.0 TERMINATION; DEFAULT
Termination: It is agreed and understood by Kelmar Global that the City or Kelmar
Global may terminate this Agreement for the convenience of the City or Kelmar Global, upon
thirty (30) days' written notice to Kelmar Global or City, with the understanding that
immediately upon receipt of said notice all work being performed under this Agreement shall
cease. Kelmar Global shall invoice the City for work satisfactorily completed and shall be
compensated in accordance with the terms hereof for work accomplished prior to the receipt of
said notice of termination. Kelmar Global shall not be entitled to any lost or anticipated profits
for work terminated under this Agreement. Unless otherwise specified in this Agreement, all
data, information, and work product related to this Project shall become the property of the City
upon termination of this Agreement, and shall be promptly delivered to the City in a reasonably
organized form without restriction on future use. Should the City subsequently contract with a
new Kelmar Global for continuation of service on the Project, Kelmar Global shall cooperate in
providing information.
Termination of this Agreement shall extinguish all rights, duties, and obligations of the
terminating party and the terminated party to fulfill contractual obligations. Termination under
this section shall not relieve the terminated party of any obligations or liabilities which occurred
prior to termination.
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory or which is not performed in compliance with the terms of this Agreement.
Default: Either party may terminate this Agreement, in whole or in part, for default if
the Party provides the other Party with written notice of such default and the other fails to
satisfactorily cure such default within ten (10) business days of receipt of such notice (or a
greater time if agreed upon between the Parties).
If default results in termination of this Agreement, then the City shall give consideration
to the actual costs incurred by Kelmar Global in performing the work to the date of default. The
cost of the work that is useable to the City, the cost to the City of employing another firm to
complete the useable work, and other factors will affect the value to the City of the work
performed at the time of default. Neither party shall be entitled to any lost or anticipated profits
for work terminated for default hereunder.
The termination of this Agreement for default shall extinguish all rights, duties, and
obligations of the terminating Party and the terminated Party to fulfill contractual obligations.
Termination under this section shall not relieve the terminated party of any obligations or
liabilities which occurred prior to termination.
5
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory, or which is not performed in compliance with the terms of this Agreement.
12.0 NON-SOLICITATION
Except as may be otherwise agreed in writing, during the term of this Agreement and for
twelve (12) months thereafter, neither the City nor Kelmar Global shall offer employment to or
shall employ any person employed then or within the preceding twelve (12) months by the other
or any affiliate of the other if such person was involved, directly or indirectly, in the performance
of this Agreement. This provision shall not prohibit the hiring of any person who was solicited
solely through a newspaper advertisement or other general solicitation.
13.0 INDEPENDENT CONTRACTOR STATUS
Kelmar Global is an independent contractor, and is not the City's employee. Kelmar
Global's employees or subcontractors are not the City's employees. This Agreement does not
create a partnership, employer-employee, or joint venture relationship. No party has authority to
enter into contracts as agent for the other party. Kelmar Global and the City agree to the
following rights consistent with an independent contractor relationship:
(1) Kelmar Global has the right to perform services for others during the term hereof.
(2) Kelmar Global has the sole right to control and direct the means, manner and
method by which it performs its services required by this Agreement.
(3) Kelmar Global has the right to hire assistants as subcontractors, or to use
employees to provide the services required by this Agreement.
(4) Kelmar Global or its employees or subcontractors shall perform services required
hereunder, and the City shall not hire, supervise, or pay assistants to help Kelmar
Global.
(5) Neither Kelmar Global nor its employees or subcontractors shall receive training
from the City in skills necessary to perform services required by this Agreement.
(6) City shall not require Kelmar Global or its employees or subcontractors to devote
full time to performing the services required by this Agreement.
(7) Neither Kelmar Global nor its employees or subcontractors are eligible to
participate in any employee pension, health, vacation pay, sick pay, or other
fringe benefit plan of the City.
6
14.0 CONFIDENTIALITY; MATERIALS OWNERSHIP
Any and all programs, data, or other materials furnished by the City for use by Kelmar
Global in connection with services to be performed under this Agreement, and any and all data
and information gathered by Kelmar Global, shall be held in confidence by Kelmar Global as set
forth hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of
any proprietary or confidential information relative to this Agreement, and to not make any use
thereof other than for the performance of this Agreement, provided that no claim may be made
for any failure to protect information that occurs more than three (3) years after the end of this
Agreement.
The parties recognize and understand that the City is subject to the Texas Public
Information Act and its duties run in accordance therewith.
All data relating specifically to the City's business and any other information which
reasonably should be understood to be confidential to City is confidential information of City.
Kelmar Global's proprietary software, tools, methodologies, techniques, ideas, discoveries,
inventions, know-how, and any other information which reasonably should be understood to be
confidential to Kelmar Global is confidential information of Kelmar Global. The City's
confidential information and Kelmar Global's confidential information is collectively referred to
as "Confidential Information." Each party shall use Confidential Information of the other party
only in furtherance of the purposes of this Agreement and shall not disclose such Confidential
Information to any third party without the other parry's prior written consent, which consent
shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the
confidentiality of the other parry's Confidential Information and to advise their employees of the
confidential nature of the Confidential Information and of the prohibitions herein.
Notwithstanding anything to the contrary contained herein, neither party shall be
obligated to treat as confidential any information disclosed by the other party (the "Disclosing
Party") which: (1) is rightfully known to the recipient prior to its disclosure by the Disclosing
Party; (2) is released by the Disclosing Party to any other person or entity (including
governmental agencies) without restriction; (3) is independently developed by the recipient
without any reliance on Confidential Information; or (4) is or later becomes publicly available
without violation of this Agreement or may be lawfully obtained by a party from any non-party.
Notwithstanding the foregoing, either party will be entitled to disclose Confidential Information
of the other to a third party as may be required by law, statute, rule or regulation, including
subpoena or other similar form of process, provided that (without breaching any legal or
regulatory requirement) the party to whom the request is made provides the other with prompt
written notice and allows the other party to seek a restraining order or other appropriate relief.
Subject to Kelmar Global's confidentiality obligations under this Agreement, nothing herein
shall preclude or limit Kelmar Global from providing similar services for other clients.
Notwithstanding the foregoing, either party will be entitled to disclose Confidential
Information of the other to a third party as may be required by law, statute, rule or regulation,
including subpoena or other similar form of process, provided that (without breaching any legal
7
or regulatory requirement)the party to whom the request is made provides the other with prompt
written notice and allows the other party to seek a restraining order or other appropriate relief.
Subject to Kelmar Global's confidentiality obligations under this Agreement, nothing herein
shall preclude or limit Kelmar Global from providing similar services for other clients.
Neither the City nor Kelmar Global will be liable to the other for inadvertent or
accidental disclosure of Confidential Information if the disclosure occurs notwithstanding the
parry's exercise of the same level of protection and care that such party customarily uses in
safeguarding its own proprietary and confidential information.
Notwithstanding anything to the contrary in this Agreement, the City will own as its sole
property all written materials created, developed, gathered, or originally prepared expressly for
the City and delivered to the City under the terms of this Agreement (the "Deliverables"); and
Kelmar Global shall own any general skills, know-how, expertise, ideas, concepts, methods,
techniques, processes, software, or other similar information which may have been discovered,
created, developed or derived by Kelmar Global either prior to or as a result of its provision of
services under this Agreement (other than Deliverables). Kelmar Global shall have the right to
retain copies of the Deliverables and other items for its archives. Kelmar Global's working
papers and Kelmar Global's Confidential Information (as described herein) shall belong
exclusively to the Kelmar Global. "Working papers" shall mean those documents prepared by
Kelmar Global during the course of performing the Project including, without limitation,
schedules, analyses, transcriptions, memos, designed and developed data visualization
dashboards and working notes that serve as the basis for or to substantiate the Project. In
addition, Kelmar Global shall retain sole and exclusive ownership of its know-how, concepts,
techniques, methodologies, ideas, templates, dashboards, code and tools discovered, created or
developed by Kelmar Global during the performance of the Project that are of general
application and that are not based on City's Confidential Information hereunder (collectively,
"Kelmar Global's Building Blocks"). To the extent any Deliverables incorporate Kelmar
Global's Building Blocks, Kelmar Global gives City a non-exclusive, non-transferable, royalty-
free right to use such Building Blocks solely in connection with the deliverables. Subject to the
confidentiality restrictions mentioned above, Kelmar Global may use the deliverables and the
Building Blocks for any purpose. Except to the extent required by law or court order, City will
not otherwise use, or sublicense or grant any other party any rights to use, copy or otherwise
exploit or create derivative works from Kelmar Global's Building Blocks.
City shall have a non-exclusive, non-transferable license to use Kelmar Global's
Confidential Information for City's own internal use and only for the purposes for which they are
delivered to the extent that they form part of the Deliverables.
15.0 WARRANTIES
Kelmar Global represents that all services performed hereunder shall be performed
consistent with generally prevailing professional or industrial standards, and shall be performed
in a professional and workmanlike manner. Kelmar Global shall re-perform any work not in
compliance with this representation.
8
16.0 LIMITATION OF LIABILITY
Should any of Kelmar Global's services not conform to the requirements of the City or of
this Agreement, then and in that event the City shall give written notification to Kelmar Global;
thereafter, (a) Kelmar Global shall either promptly re-perform such services to the City's
satisfaction at no additional charge, or (b) if such deficient services cannot be cured within the
cure period set forth herein,then this Agreement may be terminated for default.
In no event will Kelmar Global be liable for any loss, damage, cost or expense
attributable to negligence, willful misconduct or misrepresentations by the City, its directors,
employees or agents.
Neither party's liability, in contract, tort (including negligence) or any other legal or
equitable theory, (a) shall exceed the professional fees paid or due to Kelmar Global pursuant to
this Agreement or (b) include any indirect, incidental, special, punitive or consequential
damages, even if such party has been advised of the possibility of such damages. Such excluded
damages include, without limitation, loss of data, loss of profits and loss of savings of revenue.
17.0 INDEMNIFICATION
Kelmar Global shall save and hold harmless City and its officers and employees from all
claims and liabilities due to activities of his/her/itself and his/her/its agents or employees,
performed under this Agreement, which are caused by or which result from the negligent error,
omission, or negligent act of Kelmar Global or of any person employed by Kelmar Global or
under Kelmar Global's direction or control.
Kelmar Global shall also save and hold City harmless from any and all expenses,
including but not limited to reasonable attorneys' fees which may be incurred by City in
litigation or otherwise defending claims or liabilities which may be imposed on City as a result
of such negligent activities by Kelmar Global, its agents, or employees.
18.0 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party may
assign any rights or delegate any duties under this Agreement without the other parry's prior
written approval, which approval shall not be unreasonably withheld.
19.0 LOCAL,STATE AND FEDERAL TAXES
Kelmar Global shall pay all income taxes, and FICA (Social Security and Medicare
taxes) incurred while performing services under this Agreement. The City will not do the
following:
(1) Withhold FICA from Kelmar Global's payments or make FICA payments on its
behalf;
9
(2) Make state and/or federal unemployment compensation contributions on Kelmar
Global's behalf; or
(3) Withhold state or federal income tax from any of Kelmar Global's payments.
If requested, the City shall provide Kelmar Global with a certificate from the Texas State
Comptroller indicating that the City is a non-profit corporation and not subject to State of Texas
Sales and Use Tax.
20.0 COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES
A. Kelmar Global, its subconsultants, agents, employees and subcontractors shall use
best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of
the City of Round Rock, as amended, and with all applicable rules and regulations promulgated
by local, state and national boards, bureaus and agencies. Kelmar Global shall further obtain all
permits, licenses, trademarks, or copyrights required in the performance of the services
contracted for herein, and same shall belong solely to the City at the expiration of the term of this
Agreement.
B. In accordance with Chapter 2271,Texas Government Code, a governmental entity
may not enter into a contract with a company for goods and services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and(2) will not boycott
Israel during the term of a contract. The signatory executing this Agreement on behalf of
Kelmar Global verifies Kelmar Global does not boycott Israel and will not boycott Israel during
the term of this Agreement.
21.0 FINANCIAL INTEREST PROHIBITED
Kelmar Global covenants and represents that Kelmar Global, its officers, employees,
agents, subconsultants and subcontractors will have no financial interest, direct or indirect, in the
purchase or sale of any product, materials or equipment that will be recommended or required
hereunder.
22.0 DESIGNATION OF REPRESENTATIVES
The City hereby designates the following representative authorized to act on its behalf
with regard to this Agreement:
Lisa Pierce-Jones
Assistant Director of Human Resources
231 East Main Street
Round Rock,TX 78664
(512)218-5492
llpiercejones a,roundrocktexas.gov
10
23.0 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
(1) When delivered personally to recipient's address as stated herein; or
(2) Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Kelmar Global:
Kelmar Global, Inc.
23119 IH-10 West, Building#6
San Antonio, TX 78257
Notice to City:
City Manager, City of Round Rock
221 East Main Street
Round Rock, TX 78664
AND TO:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of the City and Kelmar Global.
23.0 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall
be governed by and construed in accordance with the laws and court decisions of Texas.
24.0 EXCLUSIVE AGREEMENT
The terms and conditions of this Agreement, including exhibits, constitute the entire
agreement between the parties and supersede all previous communications, representations, and
agreements, either written or oral, with respect to the subject matter hereof. The parties
expressly agree that, in the event of any conflict between the terms of this Agreement and any
other writing, this Agreement shall prevail. No modifications of this Agreement will be binding
on any of the parties unless acknowledged in writing by the duly authorized governing body or
11
representative for each party.
25.0 DISPUTE RESOLUTION
The City and Kelmar Global hereby expressly agree that no claims or disputes between
the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act(9 USC Section 1-14) or any applicable state arbitration statute.
26.0 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion of provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion of
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this Article shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
27.0 STANDARD OF CARE
Kelmar Global represents that it is specially trained, experienced and competent to
perform all of the services, responsibilities and duties specified herein and that such services,
responsibilities and duties shall be performed, whether by Kelmar Global or designated
subconsultants, in a manner acceptable to the City and according to generally accepted business
practices.
28.0 GRATUITIES AND BRIBES
City, may by written notice to Kelmar Global, cancel this Agreement without incurring
any liability to Kelmar Global if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Kelmar Global or its agents or
representatives to any City Officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Kelmar Global may be subject to penalties stated in
Title 8 of the Texas Penal Code.
29.0 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure an anticipatory repudiation of this Agreement.
12
30.0 MISCELLANEOUS PROVISIONS
Time is of the Essence. Kelmar Global agrees that time is of the essence and that any
failure of Kelmar Global to complete the services for each Phase of this Agreement within the
agreed Exhibit"A"may constitute a material breach of the Agreement.
Kelmar Global shall be fully responsible for its delays or for failures to use reasonable
efforts in accordance with the terms of this Agreement. Where damage is caused to City due to
Kelmar Global's failure to perform in these circumstances, City may withhold, to the extent of
such damage, Kelmar Global's payments hereunder without a waiver of any of City's additional
legal rights or remedies. City shall render decisions pertaining to Kelmar Global's work
promptly to avoid unreasonable delays in the orderly progress of Kelmar Global's work.
Force Majeure. Notwithstanding any other provisions hereof to the contrary, no failure,
delay or default in performance of any obligation hereunder shall constitute an event of default
or breach of this Agreement, only to the extent that such failure to perform, delay or default
arises out of causes beyond control and without the fault or negligence of the party otherwise
chargeable with failure, delay or default; including but not limited to acts of God, acts of public
enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters
or other casualties, strikes or other labor troubles, which in any way restrict the performance
under this Agreement by the parties.
Section Numbers. The section numbers and headings contained herein are provided for
convenience only and shall have no substantive effect on construction of this Agreement.
Waiver. No delay or omission by either party in exercising any right or power shall
impair such right or power or be construed to be a waiver. A waiver by either party of any of the
covenants to be performed by the other or any breach thereof shall not be construed to be a
waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid
unless in writing and signed by an authorized representative of the party against whom such
waiver or discharge is sought to be enforced.
Multiple Counterparts. This Agreement may be executed in multiple counterparts,
which taken together shall be considered one original. The City agrees to provide Kelmar Global
with one fully executed original.
[Signatures on the following page.]
13
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereafter indicated.
City of Rou d Rock,Texas Kelmar Global,Inc.
By: By:
Printed Name: Printed Name: ells E. Riddle
Title: Title: President
Date Signed: ti l l�12021 Date Signed: 9/15 2021
For City,Attest:
By:
City Cle —MeAA SY�
For City,Ap roved as to
By: /� L- L
Stepha L. Sheets, City Attorney
14
i
Exhibit "A"
9
GLOBAL
Private Investigations and Security
Proposal for Background Investigation
Services
RFP # 21-004REBID
Proposal for the
City of Round Rock
Exhibit "A"
TABLE OF CONTENTS
Section One:
Introduction Page 1
Executive Summary Page 3
Firm Identification Page 6
Corporate Qualifications and Experience Page 7
References and Work Examples Page 8
Information Specific to Kelmar Page 12
Corporate Organizational Flow Chart Page 13
Key Personnel Resumes and Project Team Page 14
Operational Overview Page 17
Using the System Page 21
Start-Up Process Page 22
Security Information Page 23
Report Management Page 25
General Services and Pricing Page 27
Section Two:
Proof of Liability Insurance
Proof of Licensing
Proof of Good Standing with State Comptroller
Letter of Good Standing from Bank
Dunn&Bradstreet Report
Section Three:
Report Examples
Section Four:
RFP Documents
SOLICITATION#: 21-004REBID Background Check
DUNS#: 80-972-7423
Exhibit "A"
TABLE OF CONTENTS
Section One:
Introduction Page 1
Executive Summary Page 3
Firm Identification Page 6
Corporate Qualifications and Experience Page 7
References and Work Examples Page 8
Information Specific to Kelmar Page 12
Corporate Organizational Flow Chart Page 13
Key Personnel Resumes and Project Team Page 14
Operational Overview Page 17
Using the System Page 21
Start-Up Process Page 22
Security Information Page 23
Report Management Page 25
General Services and Pricing Page 27
Section Two:
Proof of Liability Insurance
Proof of Licensing
Proof of Good Standing with State Comptroller
Letter of Good Standing from Bank
Dunn&Bradstreet Report
Section Three:
Report Examples
Section Four:
RFP Documents
SOLICITATION#: 21-004REBID Background Check
DUNS#: 80-972-7423
Exhibit "A"
9 KELMAR .LOBAL
Private Imestigations and Securith
June 29,2021
City of Round Rock
Attn:Adam Gagnon
Purchasing Division
221 East Main Street
Round Rock,Texas 78664-5299
Re: Background Checks
Dear Committee Members:
As your current vendor, Kelmar Global is honored to present our proposal on the above
mentioned RFP. Our agency has extensive experience in background investigations and
interview techniques. We have provided investigative services for more than 30 years and are
confident our expertise, support, and services will exceed your expectations. We currently
provide these services for other city, county, and government agencies including the University
of Texas—El Paso, Albuquerque ISD, Bexar County (San Antonio), Harris County (Houston),
the State of Texas, and others. Our company is properly licensed with the Texas Private
Investigator licensing board and the Secretary of State.
As a brief introduction, Kelmar Global is a licensed private investigation agency, incorporated
in Texas in 1989 and based in San Antonio. We have a Regional Office in Dallas, Houston and
Nashville among other locations. Kelmar Global is 100% U.S. owned and all agents and
customer service personnel are U.S. based. We are also licensed in numerous states including
FL, GA, OK, AZ, TN, OH, IL, CA, etc. While most states do not require a background
screening company to be licensed and no regulatory agency has direct supervision over them,
Kelmar Global is a fully licensed private investigation company. We are in a unique position to
assist your agency due to our diversity in all aspects of investigations. With a full complement
of field investigators, Kelmar can provide a greater level of service, answers, and results. A
dedicated account representative that is a licensed investigator with a working knowledge of
the criminal justice system will be assigned to work with your staff as needed. Our company
owns and operates a training academy for those in our industry and our investigators are
required to attend regular training to be kept up-to-date on laws,policies, and procedures.
KELMAR GLOBAL 123119 IH-10 West, Building#6 San Antonio.TX 78257 1 License#C05785 1(888)873-1714 1 www.KelmarGlobal.com
Exhibit "A"
Our company serves a wide variety of clients including government agencies, corporations, insurance
companies, law firms, and small businesses. Our management team is strong and includes former
law enforcement personnel with expertise in all facets of investigations.
Kelmar Global provides our clients with the ability to obtain instant search results through our
database coined RecordPros.net. Your account administrator(s) can dictate what searches are
available to your staff and invoice details are always available for viewing. Our system is secure and
is completely compliant with the Fair Credit Reporting Act,the Gramm-Leach Bliley Act,the Federal
Drivers Privacy Protection Act, and all applicable laws. Kelmar Global commits to provide the
services outlined in the RFP within the time-frames set forth. Our dedication to customer satisfaction
is reflected in our 99%client retention and satisfaction rating.
Our company belongs to 24 trade associations and our President is a Past-President of the Texas
Assoc. of Licensed Investigators. We are also members of the National Association of Professional
Background Screeners and are regulated by the state PI licensing agencies. Through these we are able
to keep abreast of changes that affect our industry and we alert our clients regarding compliance
issues.Additionally,Kelmar Global is Safe-Harbor Certified.
We have read, understand, and accept each Section of this RFP including the proposed contract. The
key personnel named in the staffing plan will be assigned to this project, unless such employment is
terminated. At this time,we are submitting a proposal only for background screening services.
For more information, I would request that you visit our web site at http://www.kelmarglobal.com.
You may also reach me personally through my email, kelly&,,kelmarglobal.com. We hope you will
allow our "relentless pursuit of excellence" to be a positive contribution to your organization. Once
again,thank you for your consideration.
Respectfully,
Kelly E.Riddle
President
KELMAR GLOBAL 123119 IH-10 West, Building#6 San Antonio,TX 78257 1 License#C05785 1(888)873-1714 1 www.KelmarGlobal.com
Exhibit "A"
EXECUTIVE SUMMARY
7 "Relentless Pursuit of Excellence"
Kelmar Global has a 30-year track record of providing background and investigative services
successfully for our clients and are confident this experience will greatly benefit your organization.
We understand that your agency has the mission of facilitating the efficient hiring of qualified
candidates for the various departments within your organization. As part of this process, our goal is
to provide timely and accurate background reports while also offering the highest level of service,
reliability, and consistency.
Kelmar Global steam-lines the screening process by providing a system that is extremely user-
friendly with easy to understand results that enable our clients to make informed hiring decisions.
With respect to risk and liability, we realize that it doesn't matter how many people an organization
hires — it matters how many people they hire that they should not have hired. Our company is
therefore not driven solely by revenue but with the concern for providing the best record search
results possible.
To enhance the customer service and turn-around time, our background screening services are
centralized at our corporate facility in San Antonio, Texas with additional field representatives in
most states as well as in many international locations. Employees are required to follow stringent
quality management standards. Through our documented Quality Control procedures we supply
consistency and integrity resulting in the highest quality and competency levels.
Kelmar Global is a licensed private investigation company that is regulated by the various state
licensing boards that oversees our services including required continuing education. Our screening
services meets and exceeds the mission requirements and specific needs detailed in the RFP. The
system is secure and is completely compliant with the Fair Credit Reporting Act, the Gramm-Leach
Bliley Act,the Federal Drivers Privacy Protection Act,and all applicable laws.
User-Friendly Technology
✓ Access to our database is done behind the scenes by our staff and requires a new client to
provide a list of administrators for the account. Kelmar Global will establish an account and
the administrators have full access including adding users and giving the users limited or full
use of the system. We are able to provide sub-accounts to enable easy tracking based on
departments, campuses, etc. The account is usually set up with pre-programmed packages as
outlined within the RFP and the user simply selects the package of searches to run.
✓ Invoicing and reports are configurable based on the client's specific needs.
✓ Reports are systematically flagged for "Needs Review" and can easily be identified within a
list of reports.
✓ Implementation of the Kelmar Global system with applicant tracking systems is possible and is
a fairly easy process. We currently use background screening software that supports an XML
gateway for information exchange with third-party systems. The specifications for this
gateway can be obtained under an NDA. While the interface is designed to accept XML
requests formatted according to the specification, we have the flexibility to accommodate
alternative XML schemas. Currently, our background screening software has successfully
KELMAR GLOBAL 123119 IH-10 West, Building#6 San Antonio,TX 78257 1 License#C05785 1(888)873-1714 1 www.KelmarGlobal.com
Exhibit "A"
interfaced with 14 third-party HR Applicant Tracking and Property Management Tenant
Tracking systems. We have enjoyed great success with our established track record and are
continuing to expand our integrations with several other projects currently underway.
Training& Support
Different training opportunities are available to clients both initially and as needed. We also provide
a user and reference manual along with a PowerPoint presentation for reference.
✓ The most requested and effective method has proven to be conference calling that allows the
user to sit at their individual computer as they are guided through using the system.
✓ Go-To-Meetings allow the users to login to a secure meeting and observe the computer of the
Kelmar Global trainer.
✓ In person training can be provided if the client prefers this method.
✓ Because RecordPros is so user friendly, a typical training session lasts 30-45 minutes. Once
trained, the user can begin to utilize the search system and the account managers often guide
the user through 4-5 of their next entries and then monitor the searches for any obvious needs
or added assistance.
✓ We also provide a PowerPoint presentation with audio guides thru each screen.
Compliance
✓ Kelmar Global belongs to 24 trade associations including the National Association of
Professional Background Screeners.
✓ All Kelmar Global employees are licensed private investigators with a working knowledge of
the criminal justice system who have been trained on privacy issues. Continuing education is
a requirement for private investigator licenses and our staff is continually upgrading both our
personal skill set as well as communicating important information to our clients.
✓ Our system has required fields that must have information entered before the user can
progress further. There are also reference buttons for quickly looking up a particular county
or determining whether or not a previous search has been conducted. Necessary information
on the candidate includes their name, date of birth, social security, and last known address.
This serves to insure the records that return are truly associated with the right individual.
Should a criminal record be found, the account manager verifies the information before
allowing the information to be posted to the user's view.
✓ Our system includes adverse action letters that can be generated to insure compliance by the
client. Should information in the background search rule out a candidate for employment, an
appropriate letter can be activated and sent to the candidate per the requirements of the Fair
Credit Reporting Act.
Customer Service
✓ Our clients have direct access to the customer service representatives including the
Background Manager and Project Manager. You can email our experienced staff who
monitor emails throughout the day and are available by phone 7:00am — 7:00pm with after-
hours on-call availability.
✓ Kelmar Global can easily handle fluctuations in the client's hiring practices and direct data
in-put is available as well as batch up-loading.
✓ Our client manual is a useful tool that provides finger-tip answers to many questions.
I
KELMAR GLOBAL 123119 IH-10 West, Building#6 San Antonio,TX 78257 1 License#C05785 1(888)873-1714 1 www.KelmarGlobal.com
Exhibit "A"
✓ Kelmar Global can assist applicants with dispute resolution by guiding the applicant in a
timely and professional manner.
Secure Website Administration
✓ Client User—Online entry and retrieval by client's designated users
✓ Candidate's Quick Application —Applicant receives an email who enters their information
to allow background searches to be initiated
✓ Batch File Upload—Bulk data can be transmitted via our secure method
✓ Administrative Reports — Client administrator can view statistical information and ratios,
invoices and other similar reports
✓ Web-Link—A link can be provided for you to place on your HR website. The candidates
can use this to enter their personal information. Once completed, our system can be set to
automatically process the searches or require your review.
Report Adjudication
✓ Red Flags — Our system automatically flags all reports with adverse information and a red
flag icon is displayed next to the record list to insure the user pays close attention
✓ Notifications—Users receive notifications via email regarding the status of reports. We can
notify you when searches are accepted, pending, or completed. If the user wants to limit
emails,we can send an email just when the search is completed.
Management Reports
✓ Reports — The administrator has access to the Utilities portion of our site that allows
statistical information to be obtained and reviewed. Reports can be generated regarding hit
ratios, turn-around statistics, completed and pending report status ratios and a host of similar
management reports.
✓ Invoicing and Reports — Each can be done in a summarized or detailed report and can be
performed by department, campus, location or other designated qualifiers.
Safe Harbor Certified
✓Safe Harbor Certification#826-compliance with the U.S.-EU Safe Harbor Framework
and the U.S.-Swiss Safe Harbor Framework
KELMAR GLOBAL 123119 IH-10 West, Building#6 San Antonio,TX 78257 1 License#C057851(888)873-1714 1 www,KelmarGlobal.com
1
Exhibit "A"
KELMAR GLOBAL BUSINESS REFERENCES
Kelmar Global has more than 500 clients including the following:
Example of Kelmar Global's clients:
Texas Agriculture Commission National Basketball Association (NBA)
Dallas County(Dallas,TX) Coalition to Advance Protection of Sports Logos
City of Roanoke,VA Recording Industry of America (RIAA)
Williamson County,TN Toyota, Inc.
Horry-Georgetown Technical Colleges Deloitte, Inc.
Chicago Metropolitan Water District Time Warner Cable
Albuquerque Public Schools, NM Valero Energy
Bloomfield Public Schools, NM CPS Energy
Jefferson County(Birmingham),AL Lewis Energy
San Jacinto River Authority,TX EOG Energy
City of Austin,TX Canadian Pacific Railway
City of Phoenix,AZ Alaska Railroad Corp.
Cornerstone Church,San Antonio,TX City of Tallahassee, FL
Webb County(Laredo),TX Illinois Board of Education
City of San Antonio,Tx HEB Grocery Co.
San Antonio Water Systems Luby's Cafeterias
Texas Department of Transportation Big Red Bottling Co.
Bexar County(San Antonio),TX Pepsi Bottling Co.
Russell Sporting Goods Levi-Strauss
Sea World of Texas AT&T Communications
Scan Source, Inc. Bridgestone Tires
Wal-Mart Whataburger Restaurants
National American Insurance Co. Prudential Insurance
Hartford Insurance Sentry Insurance
Dairyland Insurance U.S.Air Force Insurance Fund
USAA Insurance Great West Insurance
NBC Bank Frost Bank
Super S Foods Gerlands Food Stores
Landstar Trucking P.A.M Trucking
Rush Trucking Lennox International
Hobby Lobby Craft Stores Alamo Community Colleges
Sanifresh/Kimberly Clarke McFall, Breitbeil &Schults
Fulbright&Jaworski Law Firm Cox&Smith Law Firm
KELMAR GLOBAL 123119 IH-10 West,Building#6 San Antonio,TX 78257 1 License#C05785 1(888)873-1714 1 www.KelmarGlobal.com
Exhibit "A"
GlobalInformation Specific to Kelmar
1) Our agency adheres to the highest standards within the industry as outlined below:
a) The PI Institute of Education (www.piinstitute.com) is a subsidiary of Kelmar
Global. Through this school, investigators throughout the U.S. are provided
training, continuing education, and tools for professional performance of their jobs.
Investigators for Kelmar Global are required to attend classes on a regular basis.
b) Books and Resources: The President of Kelmar Global has published 10 books
related to the PI industry. These books and information are provided to our staff
investigators to increase their knowledge and professional standards. (2) In
addition to the books, the President of Kelmar Global created software known as
"Internet on Demand" sold to other PI's and the public. This software includes
more than 100 pages of topic related websites to perform investigations and is used
routinely by Kelmar Global personnel.
c) Associations: Kelmar Global maintains membership in more than twenty-four (24)
industry associations to promote the industry, obtain additional training of our
personnel and to use the tools and information available on behalf of our clients. These
include the
Texas Association of Licensed Investigators(TALI-Past President),
National Assoc of Professional Background Screeners(NAPBS)
National Assoc of Investigative Specialists(NAIS)
National Assoc of Legal Investigators(NALI)
International Intelligence Network(Intellenet)
Florida Assoc of Private Investigators(FAPI)
American Society of Industrial Security(ASIS)
U.S.Assoc of Private Investigators(USAPI)
Assoc of Christian Investigators(ACI) *Founder
World Investigators Network(WIN)
Council of International Investigators(CII)
Trucking Industry Defense Assoc(TIDA)
PI Assoc of California(PICA)
Assoc of Security Services&Investigators of Texas(ASSIST)
d) Association of Christian Investigators: The President of Kelmar Global is the Founder
and President of the Association with more than 1000 members in 45 states and 8
countries. The association helps promote integrity within the industry and provides
assistance for members by other members.
KELMAR GLOBAL 123119 1H-10 West, Building#6 San Antonio,TX 78257 I License#C05785 1(888)873-1714 1 www.KelmarGlobal.com
Exhibit "A"
COMPANY FLOW CHART
Kelly Riddle
President
Marie Patton
Director of Background
Investigations
Maria Elena Valdez
Ron McNeely Asst. Background
Field Investigations Manager/Customer
Manager Service
Justin Fedric
Director of Quality
Outside Field Control
Investigators
Courthouse Investigators Background Investigators
Reference Employment Database
Investigations Investigations Investigations
International
Investigators
KELMAR GLOBAL 23119 IH-10 West,Building#6 San Antonio,TX 78257 1 License#C05785 1(888)873-1714 1 www.KelmarGlobal.com
Exhibit "A"
KEY PERSONNEL RESUMES
KELLY E.RIDDLE
KELMAR GLOBAL
2553 Jackson Keller Rd., Ste. 200
San Antonio,TX 78230
o. 210-342-0509
f. 210-342-0731
Email: Kelly@KelmarGlobal.com
Accomplishments
AWARD AND ACCOMPLISHMENTS
✓ Selected"Investigator of the Year 1997-98"by N.A.I.S.
✓ Selected as the"#1 PI in the U.S."by the PI Magazine
✓ Selected as"One of the Top 25 PI's of the Century"by N.A.I.S.
✓ Achieved"Texas Certified Investigator"designation(less than 50 in TX).
✓ Public Relations committee for the Council of International Investigators
✓ President 2010-2012 Texas Assoc. of Licensed Investigators(TALI)
✓ President-Elect 2009-2010 Texas Assoc. of Licensed Investigators(TALI)
✓ Board of Directors 2007-2009 Texas Assoc. of Licensed Investigators(TALI)
✓ Board of Directors(former)Freedom of Information Foundation of Texas
✓ Author of the Year by National Assoc.of Legal Investigators
✓ Hall of Fame member of National Assoc. of Investigative Specialists
✓ "The Art of Surveillance"was chosen"Book of the Year 1997-98"
✓ Recipient of the 2013 Hudgins-Sallee award,the highest recognition presented by TALI
✓ Advisory Board—Florida Assoc.of Private Investigators
✓ Recipient of the Author's Award 2004—National Association of Legal Investigators
Experience
KELMAR&ASSOCIATES Owner/President/Investigator 1989-Present
Responsible for directing upper management and insuring daily operations are successfully
accomplished. Responsibilities include establishing internal standards,budgets,company
growth.
P.I. INSTITUTE OF EDUCATION Founder/President 1995 -Present Responsible
for developing curriculum for continuing education courses for P.I.s, as well as instructing.
The school and curriculum are approved by the Board of P.I.'s and Board of Insurance. A
three month curriculum was developed and encompasses all aspects of loss prevention,
insurance claims and investigations.
BUSINESS RISK INTERNATIONAL Private Investigator 1987— 1989 Responsible
for initiating an insurance investigation division,developing manuals and marketing strategies
and administering daily operations of the 26 offices conducting insurance investigations.
KELMAR GLOBAL 123119 IH-10 West, Building#6 San Antonio,TX 78257 1 License#C05785 1(888)873-1714 1 www.KelmarGlobal.com
Exhibit "A"
TRANSAMERICA INSURANCE Insurance adjuster/investigator 1985— 1987
Conducted Insurance fraud investigations and helped establish the Special Investigations Unit.
Provided workman's compensation, liability and arson investigations. Responsible for creating
all formats for operation by SIU division.
EMPLOYERS INSURANCE OF TEXAS Insurance adjuster/investigator 1984— 1985
Responsible for investigating workman's compensation fraud, obtaining video footage and
working with workman's compensation board to resolve claims.
FLORENCE,AL. POLICE DEPT. Police officer/investigator 1980— 1984
Duties included being a training officer,evidence technician,photography technician,
PEIBreathalyzer Operator, SWAT team, EMT,juvenile specialist,traffic investigator.
MUSCLE SHOALS,AL.POLICE DEPT. Police Officer/Communications Officer 1977- 1980
Responsible for maintaining NCIC information,records and dispatching. Promoted to police officer.
Personal
Education Bachelor of Science, Criminal Justice,University of North
EMT Certification,Muscle Shoals Trade School
Police Certification,Jacksonville State University
Numerous industry related seminars,certificates available for review
Designations Designated an expert in physical surveillance by the NAIS
Designated an expert in insurance investigations by the NAIS
Certified Instructor by the State Board of Private Investigators
Certified Instructor by the State Board of Insurance
Guest Speaker Mr.Riddle is the author of 10 books and has published more than 40 articles. He
has been the guest speaker at more than 400 events and has been on national TV,radio and newspapers.
Professional Organizations
TALI,NAIS,INTELLENET,NALI,FAPI,CALI,ASIS,NCISS,USAPI,ACI,PICA,WIN,CII,NLLI,CTIP,
CLEAR,IOPIA,TIDA,ASSIST,ISPLA,COAL
Founder: Coalition of Association Leaders(COAL)and the Assoc.of Christian Investigators(ACI)
DESIGNATED ACCOUNT REPRESENTATIVES
The following are summaries of team members and support personnel for this project:
KELMAR GLOBAL 123119 IH-10 West,Building#6 San Antonio,TX 782571 License#C05785 1(888)873-1714 1 www.KelmarGlobal.com
Exhibit "A"
MARIE E.PATTON Background Manager 2003—Present
Email: MarieAKelmarGlobal.com
- Supervising office staff and background investigations
- Maintaining flow of operations and record searches
- Coordination with field support personnel
MARIA ELENA VALDEZ Asst. Background Manager/Customer Service
2008—Present
Email: MariaElenagKelmarGlobal.com
- Overseeing daily operations and records searches
- Overseeing customer service concerns
JUSTIN FEDRIC Director of Quality Control 2016—Present
Email: JustinAKelmarGlobal.com
- Supervision of Quality Control and timelines
- Compliance reviews
- Record reviews
RAN MCNE ELY Vice-President 2003—Present
Email: RonAKelmarGlobal.com
- Supervision of Support Staff
- Supervision of Field Investigators
- Co-ordinate Case Activity and Reports between Clients and Kelmar Global
OPERATIONAL OVERVIEW
KELMAR GLOBAL 23119 IH-10 West,Building#6 San Antonio,TX 782571 License#C05785 1(888)873-1714 1 www.KelmarGlobal.com
Exhibit "A"
Our user-friendly Internet background screening site provides access to the most current and
reliable information available, in most cases, instantaneously upon request. Kelmar uses the
latest technology that enables a real-time connection with county courts and most government
records. For those situations that require a greater degree of analysis, Kelmar Global maintains
a full staff of licensed private investigators,available for additional research requirements. Our
company has been in existence since 1989 and is comprised of former law enforcement
officials. This expertise and understanding of the criminal justice system provides our clients
with greater insight into records, dispositions, and information. Some of the unique attributes
of our site and information include:
• Real-time, immediate results
• No membership or annual fees
• Client administrator can add or delete users
• User passwords required to be changed every 90 days
• Pre-set"packages"of record searches can be programmed so the client does not have to
re-select the same searches each time
• Adverse action letters available for automatic FCRA compliance
• Jurisdiction look-up tool for more accurate searches
• I-9 Alien form scan available with automatic evaluation at pre-set intervals
• Applicant interface available—allows applicant to complete on-line pre-employment or
background screening form and email to client for submittal
• Web-link on your site. Candidates use to enter their personal data and the searches are
conducted automatically or upon further review.
• Email notification available when reports are complete
• Pre-search screening — notifies client if previous searches have been conducted on a
subject(prevents duplication of records and charges)
• Domestic and Internationally searches available
• Automatic detailed and summary account reports generated
Use and Set Up: Once Kelmar Global is selected as the vendor, an interview with the client's
designated personnel will be conducted to determine the administrator(s), users, and security
configurations. A review of record searches will be conducted to determine any pre-set
package (searches) the client may want available. The account can be operational within one
day of contract award.
Traininiz: The RecordPros database is an Internet based system based on readily identifiable
point and click tabs with fill in the blank prompts. Because this is such a user-friendly system,
95% of our clients have chosen to have training conducted via telephone so the user can be at
their computer and can be guided through a "how to use the database" presentation. Training
typically takes 30-45 minutes and can be scheduled at your convenience. An example of the
screens encountered is included in the attached documents. In addition, all clients receive a
PowerPoint presentation that also serves as a reference guide for future use. Clients also
receive a user's guide that can be distributed to all users. Should the client request one-on-one
or classroom training, this is available. No labor costs are charged and only applicable travel
related costs will apply. Customer service is available 24/7 to handle any questions.
KELMAR GLOBAL 123119 IH-10 West, Building#6 San Antonio,TX 78257 1 License#C05785 1(888)873-1714 1 www.KelmarGlobal.com
Exhibit "A"
Sources: Our database has pre-screened and pre-selected databases that in the majority of
searches provide information instantly. These sources include repositories of data from
county, state, federal, and national records. Due to different geographic locations differing on
the information available, we are able to set the best vendor for our system to use based on
quality of record and price. Some of our specific sources include:
• Department of Public Safety
• Department of Corrections
• Administration of the Court
• Office of Foreign Assets Control(OFAC)Nationals List
• General Services Watch List
• CIA Public Exposed List
• United Nations Sanctions List
• World Bank Ineligible List
• U.S.Federal Courts(Pacer)
• National Sex&Violent Offender Database
Kelmar Global is able to comb more than 285 million criminal records throughout the U.S. as
well as more than 2.5 million photos. Our SSN validation combines the social security
validation with the death master index and the consumer HAWK alert to uncover alias names,
maiden names,possible fraud, and differences in reported dates of birth.
Our statewide instant criminal history searches provide the absolute "total package" for one
single cost that outshines our competitors. In addition to searching the criminal records
compiled in the counties, Department of Corrections and Administration of the Court, our
instant statewide criminal searches also include the National Sex& Violent Offender database,
the Foreign Nationals database, the Financial Crimes Enforcement Network Actions database,
and the HUD Limited Denials of Participation List database, all for one low price!
Turn Around Time: Many of our database searches return the information immediately. In
some cases, the only way for us to efficiently return the information is by cutting and pasting
into our system after obtaining the information from our various sources. Normal turn around
time for Domestic searches is instant and/or 2 business days. The turn around time for
International searches are 5-7 business days.
Order Placing: Clients can access us through our main site, www.kelmarglobal.com or go
directly to the record search site,www.recordpros.net to place an order. We also accept email,
telephone, and faxed orders. The user can use the QuickApp which will send the applicant an
email where they input their data, saving the user time and insuring correct data entry. We can
also put a link on your HR site where the candidate can log in, enter their information, and
initiate the process.
Recordres"k
KELMAR GLOBAL 123119 IH-10 West,Building#6 San Antonio,TX 78257 1 License#C05785 1(888)873-1714 1 www.KelmarGlobal.com
Exhibit "A"
Payment: Clients are billed monthly, due upon receipt. Our client's administrators, if using
the on-line database, can also via current and former invoices. Credit card authorizations are
accepted through written format. Once the credit card account is established, verbal
authorization is accepted with the PIN#provided.
Record Dispute: Our system allows the client to send FCRA compliant adverse action letters
automatically. However, should a person dispute the record, our office will make every
attempt to assist in clarifying the information and mediate to a successful conclusion. Should
our office be unable to solve the issue,we will provide the person with the source(court,police
department, etc)to allow them to resolve the issue. Since we are merely providing information
from a particular first-hand source, it is not within out scope to change or alter the record. Our
agency makes every reasonable effort to insure information provided is correct based on
known identifiers such as name, date of birth, social security number, address, etc.
Service and Support: Our system is operating at a 99.4 % operational rate and typically we
may encounter a short 5-10 minutes down time for a particular record source due to that
agency experiencing a problem. When this occurs, our clients receive an email (EX: The
Texas Motor Vehicle Records are temporarily unavailable) and a follow-up email when the
source is functioning. This occurs on a very limited basis, however. We have staff available
24/7 through our toll-free number (888) 873-1714 to answer any questions or assist our clients
as needed. Additionally, our clients have access to all levels of management including a
Customer Service Relationship Manager, a Customer Service Representative, and a National
Account Manager(all licensed private investigators).
Reports and Invoicing: Our reports are provided in an easy to read, easy to follow format.
Instant searches are returned immediately and those requiring additional time are listed as
pending on the site and can be checked by the client. An email notification will alert the client
when complete. All reports are available to the client indefinitely while they are a client by
simply logging into the system. The records will be maintained even after the client no longer
has an agreement but must be accessed by written request from our office. We are able to
provide monthly reports and invoicing per our client's needs (summary or detailed). Invoices
are emailed at the end of the month and the administrator can view the status on-line at any
time.
Criminal records will include jurisdiction of arrest, offense type, date of offense case number,
disposition date and disposition information and probation/parole information at a minimum.
Employment History Verification is either done by the required Work Hotline many employers
subscribe to or when possible, direct telephone contact by one of Kelmar's investigators.
Information returned will include name of employer, dates of employment, job title(s) and
position,eligibility for rehiring,reason for leaving and salary as a minimum.
Education History Verification is either done by the required Education Verification Hotline
many institutions subscribe to or when possible, direct telephone contact by one of Kelmar's
KELMAR GLOBAL 123119 IH-10 West,Building#6 San Antonio,TX 78257 1 License#C05785 1(888)873-1714 1 www.KelmarGlobal.com
Exhibit "A"
investigators. Information returned will include name of institution, date of attendance, type,
or field of study,degree obtained and date of graduation as a minimum.
Professional License Verification is conducted by on-line database information obtained
directly from the licensing agency as well as through direct telephone contact by one of
Kelmar's investigators. Information returned will include type of license, status of license, and
original licensing date and upcoming expiration date as a minimum.
Motor Vehicle Records/Driving History Check will return the driving history for the most
recent 3-year period and will include violations, chargeable accidents, suspension or
revocations and defensive driving courses taken. *While many jurisdictions report DWI/DUI
charges under the driving history, some jurisdiction classify this as a criminal record.
Quality Assurance: When all pertinent information (names, date of birth, social security
number, and last address)are entered, our system is extremely effective and accurate. Criminal
records are automatically checked for these correlating identifiers (name, date-of-birth, social
security number, and address). Kelmar utilizes a stringent verification process prior to criminal
records being released to improve accuracy and to further insulate our client's legal interests.
Supervisors conduct an additional review using additional identifiers including height, weight,
hair color, driver's license and in some instances photographs or mug shots. Most questions
arise from the abbreviations used by the particular court or record source. All of our
employees are licensed private investigators with a working knowledge of the criminal justice
system and are therefore able to provide an immediate answer. Supervisors perform consistent
and random reviews to further assure accuracy of records. Should any questions or concerns
arise,we will work with the client and the source of the record to obtain correct results.
KELMAR GLOBAL 123119 IH-10 West,Building#6 San Antonio,TX 78257 1 License#C05785 1(888)873-1714 1 www.KelmarGlobal.com
Exhibit "A"
9 KELMARGLOBAL
Private Investigations and Security
City of Round Rock
Attn: Adam Gagnon
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
Re: Negotiator
Dear Sir,
Please be advised that I am the only one authorized to negotiate contracts on behalf of Kelmar
Global:
Kelly E. Riddle, President
Email: Kelly(&KelmarGlobal.com
Office: 210-342-0509
Sincerely,
'4 er- ziwl'
Kelly E. Riddle
President
KELMAR GLOBAL 123119 IH-10 West,Building#6 San Antonio,TX 78257 1 License#C05785 1(888)873-1714 1 www.KelmarGlobal.com
Exhibit "A"
USING THE SYSTEM
Search Recommendations: Because our site is unique in search criteria, our system actually
"helps"the user conduct searches:
Pre-Search Validation: To prevent the client from conducting duplicate and costly searches
on subjects with previous screenings, the client can conduct a pre-search validation that will
alert the client to any previous searches.
Social Security Request: This is suggested as the first search as all reported addresses utilized
by the subject will be provided along with dates reported. The information will provide insight
into "where" additional searches should be conducted. Unique to our sight is the "County
Population" feature. Once the social security number search is conducted, a list of each
address and their corresponding county is displayed. The client can then choose to conduct a
criminal history search in each of these counties or simply delete the selection.
Jurisdiction Look-up Tool: In the event the client is conducting a record search that requires
the name of the county for selection purposes, the client can utilize the Jurisdiction Look-up
tool. By simply imputing the zip code, the corresponding county name will be provided. This
is extremely useful for those areas that overlap into two or more counties or jurisdictions.
Applicant Interface: Our system allows a candidate or applicant to access the pre-
employment or background questionnaire on-line and then submit the form to the client before
submission for background screening. In doing so, the client saves valuable time while
insuring spelling and critical information is correctly inputted.
Email Notification: In the event the client is not on the system continuously, our system will
send a notification via email that your report is ready.
FCRA Compliance: Our system can be pre-programmed to automatically distribute adverse
action and related letters that are FCRA compliant.
KELMAR GLOBAL 123119 IH-10 West,Building#6 San Antonio,TX 78257 1 License#C057851(888)873-17141 www.KelmarG]obal.com
Exhibit "A"
START-UP PROCESSES
Our ability to hit the ground quickly with our services is an intricate part of Kelmar Global's
services. Once we are notified of the contract award,the Background Screening Manager will"set
up" your account internally. This normally takes less than a half-day but requires the account
administrator for your agency and their contact information. Once set-up, the account
administrator receives and email with their temporary login credentials. Our Background Manager
will then schedule a call to acquaint the account administrator with the process of setting up users.
The account administrator will add users and provide their security levels for your organization.
We can then schedule a conference training for the users that normally takes 20-30 minutes.
Kelmar Global notified of contract award
Kelmar Global set up new account internally
Client's Account Administrator receives
email with temporary login credentials
Kelmar Global's Background Manager
schedules call to assist in setting up users
Kelmar Global sets up 20-30 minute training
session for client's users
Client and users are provided with guided PowerPoint training presentation with audio and a
quick-reference manual.
KELMAR GLOBAL 123119 1H-10 West, Building#6 San Antonio,TX 78257 I License#C05785 1(888)873-1714 1 www.KelmarGlobal.com
Exhibit "A"
SECURITY INFORMATION
Kelmar Security Summary: Security is a high priority and an integral part in the design and
development of our applicant screening system. Attention is given to high publicity threats such as
viruses, denial of service attacks and other malicious activities over the Internet, as well as to
maintaining the integrity and confidentiality of sensitive application data such as credit reports, social
security numbers, and other identifying information. The development staff uses industry-leading
technology to secure the system and its operating environment, including client authentication
(password-controlled access), Secure Sockets Layer (SSL) protocol, 128 bit data encryption, public-
private key pair, firewalls, intrusion detection,filtering routers, and data backups. Each component acts
as a layer of protection to safeguard information from unauthorized users, deliberate malfeasance, and
inadvertent loss.
1. Describe any firewall hardware,software,and administration processes used to protect data on
storage or processing devices that support this system. Firewalls, Intrusions Detection and
Filtering Routers —The application server is protected by firewalls, intrusion detection, and filtering
routers which verify the source and destination of the request traveling in information packets. The
routers and firewalls are configured to reject any unauthorized traffic. The intrusion detection
algorithms log every action that comes and goes, to and from our network. The system uses network
devices that only allow permitted traffic through the devices. Routers keep out traffic that does not
emanate from either end of the secured session between the client and the server. Environmental
systems are maintained with N+l redundancy. Temperature is kept at 72F and humidity at 35% RH.
Glycol systems extract heat outdoors and utilize redundant pumping systems.
2. Describe user account management including password policies, administrative roles and
rights, and what approvals and administrative approvals are requires for the establishment of
user accounts. Client authentication — Password-controlled access requires clients to authenticate
through a private login ID and password before entering the system. After authenticating to the system,
sessions that remain inactive for a period of time are expired, requiring the client to re-authenticate
before continuing. Passwords are protected in the system using sophisticated hashing schemes, never
shared, and combine with a Secure Sockets Layer (SSL) protocol transport layer to protect against
eavesdropping, server impersonation, and stream tampering. Additionally, passwords expire and must
be reset every 90 days. The system requires strong passwords that are at least 8 characters in length and
that contain at least one each letter and digit.
3. What encryption methods and standards are used in network transmission and storage?
Encryption — All transactions are performed in a secured environment. The client's web browser
automatically secures the session with the system server by connecting to it using the Secure Sockets
Layer(SSL)protocol with 128-bit encryption. The data travels between client and server encrypted and
can only be decrypted with a public and private key pair.Data that is encrypted with the public key can
be decrypted only with the private key. Conversely, data encrypted with the private key can be
decrypted only with the public key. This asymmetry is the property that makes public key cryptography
so useful.
4. Describe methods used to protect servers and storage devices from viruses, spam, and
intrusion, including patch and upgrade management practices. Network: For our network we
utilize Cisco and Juniper Networks hardware for robustness and reliability. Routing is handled with
KELMAR GLOBAL 123119 IH-10 West, Building#6 San Antonio,TX 78257 1 License#C05785 1(888)873-1714 1 www.KelmarGlobal.com
Exhibit "A"
redundant hardware to protect against unforeseen problems. Backbone connections are brought in over
multiple fiber connections via Bonet rings. Load balancing as well as fail-over redundancy across these
connections is carried out with BGP v4.
5. Describe the physical setting in which servers and storage devices are housed that address
physical security, environmental security, and physical access. Physical Security—The physical
server machines are hosted at a state-of-the-art collocation facility that is staffed on-site 24/7 to provide
an immediate response to any incident. Access to the facility is restricted to authorized personnel and is
secured by both password-protected keypads and biometric scans. Door,glass,and motion events at the
facility are digitally recorded and archived, as well as observed live by facility staff for any suspicious
activity. UPS systems and a 500-kilowatt diesel generator ensure electrical service to the facility.
Multiple fiber providers provide Internet connectivity with diversified entry points into the facility. The
cooling system incorporates redundant components, excess capacity, and high-efficiency technologies
to maintain an optimal operating environment for the servers. Logs are kept of all entries. Our system
even pages staff if certain doors are opened at all.
6. Describe backup procedures, locations, media, and frequency, and rotations. Data Integrity—
Data servers are configured with mirrored hard drives to provide real-time, fail over redundancy.
Additionally, nightly backups of data are scheduled, with archives removed weekly to an offsite
location for additionally redundancy. We have real-time database mirroring in multiple datacenters
across the country as well as nightly snapshots that are kept for 3 days.
7.Record Retention: Data is secured via industry stand security. Records are available throughout the
life of the contract and data can be supplied to the client upon completion of the contract. Physical data
is destroyed using shredding and incinerator methods.
Additional Information: Multi-Factor Authentication (MFA) provides significant security
benefits to our clients with respect to safeguarding access to sensitive, business-critical data in
RecordPros. Most notably, leveraging MFA helps protect against unauthorized access by an
adversary who obtains a user's credentials through malware, social engineering, or snooping
around a desk for post-it notes. The industry recognizes these benefits, and MFA is becoming a
de facto security requirement. We can now enforce MFA security by requiring users to provide
MFA cell/email for computer registration at login time (can be skipped up to twice with a [Not
Now] button).
KELMAR GLOBAL 123119 IH-10 West,Building#6 San Antonio,TX 78257 1 License#C05785 1(888)873-1714 1 www.KelmarGlobal.com
Exhibit "A"
REPORT
Enclosed within this bid are examples of reports that depict how the reports look when the
information is returned to the user. The information will provide the following:
Criminal Reports:
1) Name(s) searched
2) Jurisdiction(s) searched
3) Description of the offense(s)
4) Date the offense occurred
5) Date of arrest
6) Date of disposition
7) Type of offense(DWI, etc.)
8) Disposition of the case(guilty, etc.)
9) Originating Agency
10)Level (felony or misdemeanor)
Employment Check.-
1) Employer
2) Dates of employment
3) Position
4) Rate of pay
5) Rehire Status
Education History Verification
1) name of institution
2) date of attendance
3) type or field of study
4) degree obtained
5) date of graduation as a minimum.
Professional License Verification
1) type of license
2) status of license
3) original licensing date
4) upcoming expiration date,as a minimum.
Motor Vehicle Records/Driving History Check*for the most recent 3-year period
1) violations
2) chargeable accidents
3) suspension or revocations
4) defensive driving courses taken.
KELMAR GLOBAL 123119 1H-10 West,Building#6 San Antonio,TX 78257 I License#C05785 1(888)873-1714 1 www.KelmarGlobal.com
Exhibit "A"
5) *While many jurisdictions report DWI/DUI charges under the driving history, some
jurisdiction classify this as a criminal record.
Turn Around Time: Many of our database searches return the information immediately. In some
cases, the only way for us to efficiently return the information is by cutting and pasting into our
system after obtaining the information from our various sources. Normal turn-around time for
Domestic searches is instant and/or 2 business days. The turn-around time for International
searches are 5-7 business days.
Platform: Our processing utilizes the TazWorks software platform that has successfully integrated
with the major H.R. programs.
Reports and Invoicing: Our reports are provided in an easy to read, easy to follow format. Instant
searches are returned immediately and those requiring additional time are listed as pending on the
site and can be checked by the client. An email notification will alert the client when complete.
All reports are available to the client indefinitely while they are a client by simply logging into the
system. The records will be maintained even after the client no longer has an agreement but must
be accessed by written request from our office. We are able to provide monthly reports and
invoicing per our client's needs (summary or detailed). Invoices are emailed at the end of the
month and the administrator can view the status on-line at any time.
Reports and invoices can be provided by user, department, facility location or other requested
formats. Invoices are emailed to the specified party at the end of the month.
KELMAR GLOBAL 123119 IH-10 West,Building#6 San Antonio,TX 78257 1 License#C05785 1(888)873-1714 1 www.KelmarGlobal.com
PRICINGGENERAL SERVICES AND
*See enclosed specific RFP required services and pricing.
The following list provides examples of pricing and services. Additional services and packages
are available (please inquire for further needs):
SERVICES AND PRICING
RECORDS SEARCH DESCRIPTION PRICING
Bankruptcy Record Searches of the U.S. Federal Courts for match using $4.50
Search name and/or SS#.
Civil History Search - Searches by county for lawsuits by name. $8.00*
per County
Civil History Search - Searches Federal records for lawsuits by name. $4.50
Federal
Corporation Search Identifies if a corporation exists, officers and status $6.50
of company.
Credit Report With a signed authorization, obtain a credit report of $8,00
an individual (permissible uses only- search only 1
of 3 Credit Reporting Bureau's.
Criminal National A powerful, virtually instant multi-jurisdictional $8.00*
Database search of over 115 million state and county criminal
records. This database is compiled from counties,
Department of Corrections (DOC), Administration of
the Court (AOC), and state sex offender registries
from across the country. Also included in each
search are national and international terrorism
sources such as OFAC. This search includes the
National Sex & Violent Offender Database, and the
Foreign Nationals Database.
Criminal National Sex Criminal records databases compiled from violent $2.00-
&Violent Offender and sex offender registries from all fifty states, the Included in
Database District of Columbia, and Guam. Photos, or links to state or
photos, of the offenders are provided where national
available. criminal
KELMAR GLOBAL 123119 IH-10 West,Building#6 San Antonio,TX 78257 1 License#C05785 1(888)873-1714 1 www.KelmarGlobal.com
Exhibit "A"
Criminal Single State Provides real-time access to the largest criminal $8.00*
Search database, with over 36 states currently online. This
report includes Criminal National Sex & Violent
Offender Database (49 states; see above) at no
additional charge. Searches are matched on exact
DOB, exact last name, and first three letters of the
first name.
Criminal Record - per When used with the social security verification, the $8.00*
County system automatically populates a list of addresses
by county prompting a check in each county's
criminal records. The client can continue or delete
unwanted searches.
Driver's License Obtain driver's license (MVR) history for the past 3-7 $3.00*
History years (depending on state). A search of the
Department of Motor vehicles will return a list of all
violations other than arresting offenses (DWI, etc.)
Current status of driving history and driver's license
status will be provided. Historical data for 3—7
years per state searched.
Education Verification Verification of a person's education (per institution $8.25*
searched).
Employment Verify person's employment. $8.25*
Verification
Federal Criminal A search for criminal records through federal $4.50*
Record records as far back as 1985.
Foreign Nationals- This database is a list of foreign nationals that the $2.00 -
Homeland Security& United States government currently has sanctions included in
Terrorist List against; whose property may be blocked; and whom state or
no US person may have dealings with. The national
Department of the Treasury, Office of Foreign Asset
Control, "OFAC" provides periodic updates. criminal
Inmate Search Search identifies if someone is currently in a U.S. $4.50
Correctional Facility
Marriage Record Search a particular county,state, or country for a $8.00*
Search marriage record.
Medicare Sanctions Determine fraud, abuse and sanctioned individuals $2.00-
and entities included in
state or
national
criminal
KELMAR GLOBAL 123119 IH-10 West,Building#6 San Antonio,TX 78257 1 License#C05785 1(888)873-1714 1 www.KelmarGlobal.com
Exhibit "A"
Professional License Verification of professional license $6.25* _
Verification
Social Security Validates user of social security with current and $2.00-
Verification previous addresses, dates utilized, historical data for included in
the past 7--10 years. state or
national
criminal
Social Security Death Determine if the SS#is listed as reported with a $2.00*
File death claim.
FCRA Compliance Based on the information obtained in background N/A
Reports searches, the client can choose to generate an
FCRA compliant adverse action report from our
s stem.
International Criminal A search of the given country's national criminal
Record Search records by name and DOB.
Criminal Search,Sex Offender Search,Terrorist
Package A Watch List Search,Social Security Trace $8.00*
Criminal Search,Sex Offender Search,Terrorist
Watch List Search,Social Security Trace, Federal
Package B Criminal Search $12.00*
Criminal Search,Sex Offender Search,Terrorist
Watch List Search,Social Security Trace, MVR
Package C History $11.00*
Criminal Search,Sex Offender Search,Terrorist
Watch List Search,Social Security Trace,
Package D Employment Verification $16.25*
Criminal Search,Sex Offender Search,Terrorist
Watch List Search,Social Security Trace,
Package E Employment Verification, Education Verification $40.50*
*Plus and mandatory court/access fees reimbursed
at actual cost.
"Some government agencies impose an additional mandatory fee for obtaining their records.
These fees are reimbursed at actual cost. Examples included motor vehicle driving records:
KELMAR GLOBAL 123119 IH-10 West,Building#6 San Antonio,TX 78257 1 License#C05785 1(888)873-1714 1 www.KelmarGlobal.com
Exhibit "A"
Driving Records - Available States, State Fees and Turnaround Times
,;Years Instant IVIVR Expected
State Rerted Access State Fee Turnaround
Alabama 3 Yes $9.75 Instant
Arizona 39 months Yes $7.00 Instant
Arizona 5 Yes $10.00 I Instant
Arkansas Standard 3 I Yes I $13.50 I I Instant
alifornia Yes $5.00 I Instant
i
olorado 7 I Yes I $5.20 I!I Instant
onnecticut - I Yes I $17.00 II� Instant
Delaware 3 Yes $17.00 Instant
District of Columbia(D.C.) Yes $15.00 Instant
lorida 3 Yes $10.10 Instant
lorida 7 Yes $13.10 Instant
Borgia 3 Yes $8.00 Instant
Borgia 7 Yes $10.00 Instant
awaii 7 No $53.00 9:00 AM EST
daho 3 Yes $11.00 Instant
Ilinois - Yes $14.00 Instant
ndiana 1 Yes $10.50 Instant
n
owa Yes $10.50 Instant
ansas Yes $8.60 Instant
entucky 3 Yes $7.00 Instant
ouisiana 3 Yes $8.00 Instant
Maine 3 Yes $8.00 Instant
Maryland 3 Yes $14.00 1 Instant
Massachusetts Yes $10.00 Instant
Michigan 5 Yes $9.00 Instant
Minnesota 5 Yes $7.00 Instant
Mississippi 3 Yes $16.00 Instant
Missouri - Yes $7.80 Instant
Montana 3 Yes $9.25 Instant
ebraska 5 Yes $5.00 Instant
evada 3 Yes $9.00 Instant
ew Hampshire 5 Yes $15.00 Instant
ew Jersey 5 Yes $14.00 Instant
Islew Mexico 3 Yes $8.50 Instant
ew York 5 Yes $9.00 Instant
orth Carolina 3 Yes $9.00 Instant
Islorth Dakota 3 Yes $5.00 Instant
hio 3 Yes $7.00 Instant
Oklahoma 3 Yes $29.50 Instant
i
a
KELMAR GLOBAL 23119 IH-10 West,Building#6 San Antonio,TX 78257 License#C057851(888)873-1714 www.KelmarGlobal.com
-i
3�
Exhibit "A"
regon No $12.68 6:00 PM EST 2"' Business -
Day
Oregon(Insurance) Yes $11.68 Instant
Pennsylvania(Insurance) 3 I Yes $7.00 I Next Business
Day
hode Island 3 Yes $22.00 Instant
South Carolina 3 Yes $9.25 Instant
South Dakota
3 Yes $7.00 Instant
Tennessee 3 Yes $11.00 Instant
Texas 3 Yes $10.50 Instant
Texas CDL Only 5 Yes $11.50 Instant
Utah - Yes $13.00 Instant
Vermont 3 Yes $21.00 Instant
Virginia 5/7 Yr - Yes $9.00 I Instant
Washington - Yes $15.00 Instant
est Virginia 7 Yes $11.00 Instant
Wisconsin - Yes $7.00 Instant
Wyoming - Yes $7.00 Instant
Wyoming CDL Only) 10 Yes $7.00 Instant
Report turnaround—is-biasec on past experience but is SulYect to c ange y tate Motor Vehicle
Departments,and delays due to communication and/or processing times.
Employment Verifications: Attempts to contact the employer listed by the applicant will be made.
Should the employer subscribe to one of the verification services such as The Work Number,the
access fee charged by these services will be a reimbursable expense.
Education Verifications: Attempts to contact the registrar's office at the college or university will
be made. Should the college or university subscribe to one of the services such as the Student
Clearing House,the access fee charged by these services will be a reimbursable expense.
Note: These access fees are consistent for any vendor providing these services.
1714 uwvw.KelmarGlobal.com
KELMAR GLOBAL 123119 IH-10 West,Building#6 San Antonio,TX 78257 License#C05785 1(888)873
Exhibit "A"
Criminal History Searches Include:
In addition to the criminal history as outlined in the RFP,our criminal history searches also
include the following at NO ADDITIONAL CHARGES:
1) Sex Offender Search
2) Texas Health&Human Services Medicaid and Title XX Exclusion List
3) Interpol Most Wanted
4) MIPT—Terrorist Watch List
5) Fugitive List
6) Immigration&Customs Enforcement—Most Wanted
7) Federal Reserve Board—Enforcement Actions
8) Federal Deposit Insurance Corp. (FDIC)Enforcement Decisions&Orders
9) FDA Office of Regulatory Affairs Debarment List
10)Australian Reserve Bank Sanctions List
11)Bank of England Sanctions List
12)Directorate of Defense Trade Controls—Debarred Parties
13)European Union Terrorism Sanctions List
14)Health&Human Services Office of Inspector General (OIG)—Exclusions List
15)Health Resources& Services Admin. Education Assistance Loan-Defaulted Borrowers
16)National Credit Union Administration Orders
17)Office of Comptroller of Currency—Enforcement Actions
18)Office of Foreign Asset Control—Specially Designated Nationals List
19)Office of Registry Affairs—Disqualified,Restricted&Assurances List
20)Office of Research Integrity—Public Health Service—Administration Actions List
21)Office of Superintendent of Financial Institutions—Canadian Sanctions List
22)Office of Thrift Supervision—Enforcement Actions List
23)Palestinian Legislative Council List
24)Politically Exposed Person List
25)United Nations Consolidated Sanctions List
26)U.S.Dept.of Commerce—Denied Persons List
27)U.S.General Services Administration—Excluded Parties List
28)World Bank Ineligible Individuals
KELMAR GLOBAL 123119 IH-10 West,Building#6 San Antonio,TX 78257 1 License#C05785 1(888)873-1714 1 www.KelmarGlobal.com
Exhibit "A"
City of Round Rock
Employee Background Investigation Services
RFP No.21-004REBID
Class/item 961-30
June 2021
ATTACHMENT A
PROPOSAL SUBMITTAL FORM AND EXECUTION
NOTE. RESPONDENTS SHALL COMPLETE AND RETURN THIS ATTACHMENT WITH THEIR
PROPOSAL. FAILURE TO DO SO WILL RESULT/N DISQUALIFICATION OF THE PROPOSAL.
By signature hereon,the Respondent certifies that:
All statements and information prepared and submitted in the response to this RFP are current,complete,
and accurate.
He/she has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity,
future employment, gift, loan gratuity, special discount,trip, favor, or service to a City employee in
connection with the submitted response. Failure to sign the Execution of Proposal or signing it with a
false statement shall void the submitted offer or any resulting contracts.
Respondent represents and warrants that the individual signing this Execution of Proposal is authorized
to sign this document on behalf of the Respondent and to bind the Respondent under any contract
resulting from this request for proposals.
RESPONDENT(COMPANY):_Kelmar Global
SIGNATURE(IN INK): `'
NAME(TYPED/PRINTED) Kelly E Riddle
TITLE: Pros. DATE: 6-29-21
STREET: 23119 West IH-10 Bldg 6
CITY/STATE/ZIP: San Antonio,TX 78257
TELEPHONE AND FACSIMILE NO.: 210-342-0509
E-MAIL ADDRESS: kelly@kelmarglobal.com
FEDERAL TAX IDENTIFICATION NUMBER (FIN): _74-2534996
By submitting a response to this solicitation, the Respondent agrees that the City's standard Definitions.
Terms and Conditions, in effect at the time of release of the solicitation, shall govern unless specifically
provided otherwise in a separate agreement or on the face of a purchase order Said Definitions, Terms and
Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of
changes. In addition to the above General Terms and Conditions listed in Section IV,the City's Definitions,
Terms and Conditions shall be enforced and part of the contract and can be obtained from the City's website
at: httpsi//www.roundrocktexas.gov/departments/purchasing
Page 14 of 15
Exhibit "A"
ATTACHMENT C-COST PROPOSAL WORKSHEET
RFP 21-004REBID
Employee Background Check Services
The cost of items listed below should include all product,ordering,processing,administrative,and all other miscellaneous charges. The
cost proposal sheet will be used for cost evaluation purposes only. All quantities listed are estimates.
Section I:Standard Public Service Checks
SECTION A-In-State Background Check Services
Annual Estimated
Item# Item Descri tion Quantity Unit Type Unit Price Extended Cost
Employee Background Checks(To include criminal records and driving
1 records for all employees-"ONLY") 300 each $13.00 $3,900.00
.'All Aliases"
2 Employee Background Checks(Educational background-"ONLY") 300 each $8.25 $2,475.00
3 Employee Background Checks(Certification/Professional License 300 each $8,25 $2,475.00
verification background-"ONLY')
4 Employee Background Checks(Residence Verification current and prior 300 each $1.00 $300.00
10 years-"ONLY")
5 Employee Background Checks(Administrative actions by state/federal 300 each $3.25 $975.00
agencies)
Total: $10,125.00
SECTION B-Out-of-State Background Check Services
Annual Estimated
Item# Item Description Quantity Unit Type Unit Price Extended Cost
Employee Background Checks(To include criminal records and driving
6 records for all employees-"ONLY") 250 each $15.00 $3,750,00
"All Aliases"
7 Employee Background Checks(Educational background-`ONLY") 90 each $6.25 $742,50
8 Employee Background Checks(Certification/Professional License 40 each S8.25 $330.00
verification background-"ONLY")
9 Employee Background Checks(Residence Verification current and prior 150 each $1.00 $150.00
10 years-"ONLY")
10 Employee Background Checks(Administrative actions by state/federal 150 each $3.25 S487.50
agencies) 460.00
Total: $5,
TOTAL OF EVALUATED SECTIONS: $15,585.00
Section II:Public Safety Checks
OPTIONAL SERVICES
This section is optional,it will not be evaluated,and it will not affect your responsiveness if you decline to bid. If a line is left blank the City
will assume you do not want to bid these services.
SECTION A-Public Safety Background Checks-POLICE
Annual Estimated
Item# Item Description Quantity Unit Type Unit Price Extended Cost
11 Personal History(to include driving history,computerized criminal 100 each $35.00 $3,500,00
history,residential verification)
12 Past 10 years residences to include local agency record checks 100 each $50.00 $5,000.00
13 Work verification last 10 years-dates and locations 100 each $50.00 $5,000.00
14 Social media analysis 100 each $115.00 $11,500.00
15 Relatives and references-open source data,computerized criminal 100 each $125.00 $12.500.00
history,and send out reference questionnaire
16 Financials-credit report,spending analysis 100 each S40.00 $4,000.00
17 Military-verification of service and discharge(honorable and notes) 100 each $25.00 $2,500.00
Page 1 of 2
Exhibit "A"
ATTACHMENT C-COST PROPOSAL WORKSHEET
RFP 21-004REBID
Employee Background Check Services
SECTION B-Public Safety Background Checks-FIRE
Annual Estimated
Item# Item Description Quantity Unit Type Unit Price Extended Cost
18 Personal History(to include driving history,computerized criminal t00 each S35.00 $3,500.00
history,residential verification)
19 Past 10 years residences to include local agency record checks 100 each $50.00 $5,000.00
20 Work verification last 10 years-dates and locations 100 each $50.00 $5,000.00
21 Social media analysis 100 each $125.00 $12,500.00
22 Relatives and references-open source data,computerized criminal 100 each $125.00 $12,500.00
history,and send out reference questionnaire
23 Financials-credit report,spending analysis 100 each $40.00 $4,000.00
24 Military-verification of service and discharge(honorable and notes) 100 each $25.00 $2,500.00
SECTION C-Additional Pricing Infortnation
23 Attach a schedule of any criminal court access fees for both states and counties as a separate appendix/attachment The City recognizes that these fees will not be included
in the prices quoted above.Also include other pricing options you wish the City to consider.
Page 2 of 2
Exhibit "A"
0�_
ROUND ROCK TEXAS
PURCHASING DIVISION
ADDENDUM
CITY OF ROUND ROCK, TEXAS
Solicitation: RFP 21-004REBID Addendum No: 1 Date of Addendum: 6/18/2021
This addendum is to incorporate the following changes to the above referenced solicitation:
1. Questions:
Q1. Page 10, item#3 includes "Work verification for the last 10 years and include dates and locations." Does the
applicant provide the Contractor with their work history, and it is the Contractor's job to verify the information, or do
you need the Contractor to research all the applicant's jobs going back 10 years?
Al. The Police Department stated that the applicants provide the information contained within the application and it is the
Contractor's responsibility to verify the information provided. The Fire Department stated they ask for a full work
history as an adult(this may be<10 years). Applicants fill out the original application and then the Department
provides them with a background packet at the written test site. The work verification is in the background packet.
The City does this so that we can compare the two for discrepancies and assess the fire service information in detail
as sometimes individuals will artificially augment the information they provide.
Q2. Page 10, item #5 includes "Relatives and open-source data, and reference questionnaires (The City has a
preferred form)." Does this involve a personal interview? Also, do you have a copy of the form we should review?
A2. Both the Police Department and Fire Department stated this will involve a personal interview.The Police Department
has included the"Personal History Statement"questionnaire with this addendum, and it is applicable to police
background checks only.
Q3. Page 10, item#6 includes"Financial reports: credit report, spending analysis." Is the Contractor expected to
verify applicant's information or generate these reports?
A3. The Police Department stated the applicant will provide the bank statements and credit reports.The Contractor must
verify the information provided. The Fire Department states they do not request financial information from their
applicants.
II. Additional Information:Attached is the Personal History Statement Questionnaire
III. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME.
APPROVED BY: 46/18/2021
Amanda Crowell, Purchaser
Purchasing Office, 512-218-5458
By the signature affixed below this addendum is hereby incorporated into and made a part of the above referenced solicitation.
ACKNOWLEDGED BY:
Kelly E. Riddle
Name Authorize ignature Date
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1041
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2021-802944
Kelmar Global (Kelmar and Associates)
San Antonio,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/16/2021
being filed.
City of Round Rock Date Acknowledged:
09/28/2021
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
21-004R E B I D
Background Investigations
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable
Controlling I Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of ,20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc
CERTIFICATE OF INTERESTED PARTIES FORM 1295
OFFICE USE ONLY
CO roete NOS.I-4 AM 6 0 9W i'e a'
Coupletmcm L Z 3,5,and 6 It the CERTIFICATION OF FILING
i Mmt at business enft ffM tam,mddw CO."ML110 cQuntry of the ti,isiness;m7',place C.-uhaiste muaw,
of business. 2021-8029"
KeWW CADW(KAIM and f- :Date pled:SariAnUMV0,TX Mad Stmis
2 Nameof amrstate agencythat's a party to the contract 0,
being fikmL Date Ackowk4ged:
ryca
r Round Rm--x
3 Provide the identification number used by&It governmental entity or state age-icy to track of identify the contrack and pwaiinde a
de"sption of the services.goods.or adw PfePeM 10 be provided under the mfnfacL
21-004REBID
Background 1mPStl9ab0nS
mmiture of tfrWest
4 Name of Inteirsted Par" Ctry,State,Cmmtry(place of business, (dn-9 apPUCst") —A
C4ntr
S Check only it mere is SO lntwestbd P" r7l
6 UNS)A N DECLARATM
my ram:s
My address is JAW '"A"O 7Y.
Imago (ma) wo Coo) (CCAMV)
Exmxmd in —cmity.slog d on ra&My d
Swim"Go apm of ewwatsing 6usewss muly
I Fwm WwAded by Texas Efh"conmSSIDn wwwAmicssuft-Mus versm VL1.191b5cdc