Loading...
HomeMy WebLinkAboutContract 49858 CITY SECAMW CONTRACT NO. INTERLOCAL COOPERATION CONTRACT This Interlocal Cooperation Contract("Contract") is entered into by and between the Contracting Parties shown below pursuant to the authority granted and in compliance with Chapter 791, Texas Government Code. 1. Contracting Parties The Receiving Party: City of Fort Worth 200 Texas St. Fort Worth,TX 76102 ATTN: Marilyn Marvin The Performing Party: The University of Texas at Austin, an Institution of higher education and agency of the State of Texas ITS Office of Telecommunication Services ("UT OTS") P.O. Box 7580, Mail Code C3800 Austin,TX 78713-7580 ATTN: Rochelle Fant 11. Statement of Services to be Performed Subject to Receiving Party's compliance with the Texas Higher Education Network CTHEnet") Use Policy (Appendix A attached and incorporated by reference), Performing Party shall provide Receiving Party with access to national networks, including the commodity Internet and/or the Internet2 and National LambdaRall networks (the"services"), and includes a port charge which is necessary to connect to the network. Such access is accomplished via Receiving Party's connection to the THEnet backbone. The THEnet backbone interconnects all THEnet subscriber institutions, including Receiving Party, and acts as a conduit to the national networks. Ill. Basis for Calculating Reimbursable Costs Service # of Charge per Amount per # of Months Total For Contract Units Mbps Month and dates (Mbps) if applicable Metro $ 137.94 12 Months Ethernet 9/1/2017 — $ 1,655.28 Transport 8/31/2018 ISP Service 60 $ 9.58 $ 574.80 12 Months (Commodity 9/1/2017 — $ 6,897.60 Internet) 8/31/2018 Connection $ 145.68 12 Months Port 9/1/2017 — $ 1,748.16 8/31/2018 Total_amt 8 Contract $ 858.42 $ 10,301.04 � RE�EIV < OCT 3 C ZO DPage 1 of 6 OFFICIAL RECORD -C CITY SECRETARY cc S°RT woR7y o' EiARY FT WORTH, TX °� 6 8 L9 IV. Contract Amount The total amount of this contract will not exceed $10,301.04 (Ten Thousand Three Hundred One Dollars and Four Cents). V. Payment for Services Receiving Party will remit payments to Performing Party for services satisfactorily performed under this Contract in accordance with the Texas Prompt Payment Act, Chapter 2251, Texas Government Code. Payments made under this Contract will (1) fairly compensate Performing Party for the services performed under this Contract, and (2) be made from current revenues available to Receiving Party. On the City of Fort Worth's behalf, UT System OTS has entered into a third-party contract with AT&T for the OPTEMAN aggregation port at University of Texas Southwestern Medical Center in Dallas into which the City of Fort Worth's OPTEMAN circuit terminates. Thus, the UT System OTS-procured OPTEMAN aggregation port completes City of Fort Worth's connection to the UT System QTS network. The duration of the third party contract with AT&T is 36 months, which began July 1, 201 S. Consequently that contract will continue in effect beyond the expiration of this 12-month agreement between UT System OTS and the City of Fort Worth.Therefore, in the event that the City of Fort Worth should cancel this agreement or should fail to renew this agreement for consecutive periods that overlap the 36-month period of the third party contract with AT&T, the City of Fort Worth agrees to reimburse to UT System OTS an amount that represents the City of Fort Worth's proportional share of AT&T's early termination fee for the OPTEMAN aggregation port. UT System OTS anticipates that this would be equal to or less than one-half of$281.51 times the number of months remaining on the UT System OTS-AT&T contract at the point in time when the City of Fort Worth ceased to use the UT OPTEMAN aggregation port. VI. Warranties Performing Party warrants that (1) it has authority to perform the services under authority granted in Section 65.31, Texas Education Code and Chapter 791, Texas Government Code; (2) it has all necessary power and has received all necessary approvals to execute and deliver this Contract; and (3)the representative signing this Contract on its behalf is authorized by its governing body to sign this Contract. Receiving Party warrants that (I) the services are necessary and authorized for activities that are properly within its statutory functions and programs; (2) it has the authority to contract for the services under authority granted in Chapter 77, Texas Education Code, and Chapter 791, Texas Government Code; (3) it has all necessary power and has received all necessary approvals to execute and deliver this Contract; and (4) the representative signing this Contract on its behalf is authorized by its governing body to sign this Contract. VII. Term of Agreement This Agreement is effective as of the later ofJuly 1, 2017 or date fully executed by both parties ("Effective Date") and shall terminate on June 30, 2018. Page 2 of 6 VIII. Termination In the event of a material failure by a Contracting Party to perform its duties and obligations in accordance with the terms of this Contract,the other party may terminate this Contract upon thirty(30)days'advance written notice of termination setting forth the nature of the material failure;provided that,the material failure is through no fault of the terminating party.The termination will not be effective if the material failure is fully cured prior to the end of the thirty-day period. Performing party may terminate the Contract without cause upon thirty(30)days'advance written notice of termination to the Receiving Party. X. Fiscal Funding Out In the event no funds or insufficient funds are appropriated by the Receiving Party in any fiscal period for any payments due hereunder,the Receiving Party will notify Performing Party of such occurrence and this Contract shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the Receiving Party of any kind whatsoever,except as to the portions of the payments herein agreed upon for which funds have been appropriated. XI. Government to Government Mutual Indemnity and Liability As self-insured, Governmental entities,with certain rights and immunities, in the event of any type of claim, cause,action, lawsuit of any kind or character, rather real or asserted, for any property damage or loss,and/or personal injury, including death, or an infringement of any patent,copyright,trademark,trade secret or similar property right arising from the use or sharing of the service,technologies,or equipment in this contract, both parties mutually agree, at its own costs and expense,and to its own interests,to defend, settle,or pay any claim or action,according to its own negligent acts,omissions, or malfeasance of its entity, officers,agents, servants, employees or other valid users, subject to the applicable laws and defenses, related to the use and sharing of the service, technologies,or equipment in this agreement. Furthermore, no agreement to transfer risk, liability, negligence, defense, indemnity, or to hold harmless the other entity is implied or Intended in this contract. XII. Right to Audit Performing Party agrees that Receiving Party and its internal auditor will have the right to audit,which shall include, but not be limited to,the right to complete access to and the right to examine,the financial and business records of Performing Party that relate solely to the documentation provided to the City pursuant to this Agreement, including, but not limited to,all necessary books, papers,documents, records,and personnel,(collectively "Records")in order to determine compliance with this Agreement. Performing Party shall make all Records available to Receiving Party at 200 Texas Street,-Fort Worth,Texas or at another location acceptable to both parties within thirty(30)days after notice by Receiving Party and shall otherwise cooperate fully with Receiving Party during any audit. Notwithstanding anything to the contrary herein,this section shall survive the expiration or earlier termination of this Agreement. XIII. Immunity It is expressly understood and agreed that in the execution of this Contract, no party waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. Page 3 of 6 XIV. Successors and Assigns Neither Parry shall assign, sublet, subcontract or transfer any interest in this Contract without the written consent of the other party. No assignment, delegation of duties or subcontract under this Contract will be effective without the written consent of the other party. XV. Venue The Parties to this Contract agree and covenant that this Contract will be enforceable in Fort Worth,Texas; and that if legal action is necessary to enforce this Contract, exclusive venue will lie in Tarrant County,Texas. XVI. Remedies No right or remedy granted herein or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or conditions of this Contract may be waived without written consent of the Parties. Forbearance or indulgence by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Contract. XVII. Severability If any of the terms,sections,subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Contract are for any reason held to be invalid,void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions,covenants, conditions or any other part of this Contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated. XVIII. Applicable Law This Contract shall be subject to and is to be construed,governed and enforced under all applicable Texas and Federal laws. Situs of this Contract is agreed to be Tarrant County, Texas for all purposes, including performance and execution. XIX. Entire Agreement This Contract embodies the complete agreement of the Parties hereto, superseding all oral or written previous and contemporary agreements between the parties relating to matter herein; and except as otherwise provided herein, cannot be modified without written agreement of the parties. XX. Authorization The undersigned officers or agents are properly authorized to execute this Contract on behalf of the Parties hereto, and each Party hereby certified to the other that any necessary resolutions or actions extending such authority have been duly passed and are now in full force and effect. XXI. Relationship of the Parties It is expressly understood that the employees, methods, facilities, and equipment of the Receiving Party shall at all times be under its exclusive jurisdiction, direction and Page 4 of 6 control. It is understood that the employees, methods,facilities, and equipment of the Performing Party shall at all times be under its exclusive jurisdiction,direction and control. Executed effective as of the Effective Date by the following duly authorized representatives of the Contracting Parties: Receiving Party Perfo ming Par Fort Worth Public library Thiversity f T' xas at Austin By: � By:! - - ------ ---- - Name: oqrna,)d6 arta Linda Shaunessy Title: Asst CA./`1k"&- Business prataAd mini strator Date: /Q,j27z"7 Date: ' Page 5 of 6 Appendix A:THEnet Use Policy at The University of Texas at Austin Network Abuse Office of Telecommunication Services ("QTS")takes a direct and immediate interest in protecting the operational integrity of the network from any activity at a THEnet subscriber site which causes disruption of communications services on THEnet or elsewhere on the Internet. In order to protect the network from any such occurrence, THEnet subscriber organizations must be able to physically locate any given computer based on the IP address assigned to it and, upon request, remove that computer from the network or revoke the computer user's access to that and other computers, as appropriate. In any case where on-going disruption of communications services on THEnet or elsewhere on the Internet is traceable to a particular THEnet subscriber organization and such activity cannot be controlled by that subscriber, then the subscriber's THEnet connection may be shut down until the disruptive activity has ceased. IP Spoofed Address Denial of Service (Dos)Attacks QTS requires that THEnet subscribers configure their router(s) in such a way as to prevent their site's participation in so-called 'smurf and other IP spoofed address attacks on other Internet sites. The intended result of this policy is 1) to prevent a smurf attack or other IP spoofed address attack from originating at a THEnet subscriber site, and 2) to prevent the use of a THEnet subscriber as an intermediary'amplifier'site. Please see "Preventing IP Spoofed Address Denial of Service (DoS)Attacks"document at http://www.the.net/tools/docs/dosattacks.php for an example of how to configure your router against DoS attacks. Spam Transmission of unsolicited bulk email ("Spam") by a THEnet subscriber is strictly prohibited, including the maintenance by a THEnet subscriber of'open relay' systems permitting such transmission by third parties.Additionally, a THEnet subscriber may not host a network service (web-based or other) that is advertised in unsolicited bulk email, even though such email originates in other networks. Repeated infractions of this Spam policy will be considered grounds for termination of THEnet service. Resale of THEnet Connectivity The resale of THEnet/Internet access by any THEnet subscriber is prohibited. Page 6 of 6 RECOMMENDED BY: Marilyn Marvin,Assistant Library Director Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all per- rmance and reporting requirements. Maril Marvid ssistant Libm Director ,. ATTE U `• By: * :Z Ma Ka e • City tary XAS APPROVED AS TO FORM AND LEGALITY: By: Paige Me ane Assistant City Attorney OF1FICIAL RECORD CITY SECRETARY rr,WORTH,TX