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Home My WebLink AboutContract 26815 JUn 3 2001 23: 8 P.03 CITY SECRETARY LIMITED ACCESS ACYREEMEN'I CONTRACT NO. o� ,(S This LIMITED ACCESS AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a home rule municipal corporation organized under the laws of the State of Texas and situated in portions of Tarrant and Denton Counties, Texas, and James Mallory Law Office ("Contractor"). The following statements are true and correct and form the basis of this Agreement: A. The City owns and operates a file server computer system and network (collectively the "Network"). B. Contractor wishes to access the City's mainframe in order to gain access to court files. C. Contractor has access to court files using City's equipment at City's location that is on the City's Network. Contractor has requested access to the City's Network in order to research his court files from a remote location. The City is willing to grant Contractor access to the Network, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE,the City and Contractor hereby agree as follows: 1. GRANT OF LIMITED ACCESS. Contractor is hereby granted a limited right to access the City's Network the sole purpose of analyzing Contractor's own Data pursuant to Contractor's Inspection Services. Because Contractor can enter the City's Network only through the City's computer security systems, the City will provide Contractor with a password and access number or numbers. 2. COMPENSATION TO CITY. In return for the City's provision to Contractor of limited access to the City's Network, Contractor shall pay the City fees at the rates set forth in Exhibit 1, attached hereto and hereby made a part of this Agreement for all purposes. Contractor shall pay the fees within thirty (30) days rollowing receipt of an invoice for the same from the City. The foo shall be payable to the City of Fort Worth, IT Solutions Department, Attn: IT Chief Financial Officer, 1000 Throekmorton Street, Fort Worth, TX 76102.' The City shall have the right to deny Contractor access to the Network and Contractor's Data if the City has not received payment for any invoice submitted to Contractor within thirty(30) days of receipt. The City shall have the rights to revise the rates at any time upon thirty(3 0) days written notice to contractor. 3. NETWORK RESTRICTION$. 3.1. Contractor may not share the password or access number or numbers provided by the City except with Contractor's officers, agents, servants or employees as may reasonably be required. '• p o 71-11-1 X001 4'_i F'. -4 3.2. Contractor may not access the Network for any purpose other than analyzing Contractor's own Data. 3.3. Contractor acknowledges, agrees and hereby gives its authorization that the City may monitor Contractor's use of the City's Network in order to ensure Contractor's compliance with this Agreement. 3.4. A breach by Contractor, its officers, agents, servants or employees, of this Agreement and any other written instructions or guidelines that the City provides to Contractor pursuant to this Agreement shall be grounds for the City immediately to deny Contractor access to the Network and Contractor's Data in addition to any other remedies that the City may have under this Agreement or at law. 3.5. The City may terminate this Agreement at any time and for any reason. 4. LIABILITY AND INDEMNIFICATIO . CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL DAMAGES THAT THE CITY MAYINCUR DIRECTL Y ON A CCO UNT OFANY BREACH OF THIS AGREEMENT BY CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DAMAGES THAT CONTRACTOR MAY INCUR ASA RESULT OF THE CITY'S RESTRICTIONS TO OR DENIAL OF ACCESS TO CONTRACTOR'S DATA ON ACCOUNT OF ANY BREACH OF THIS AGREEMENT BY CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, OR FOR ANY REASONABLE SECURITY MEASURES TAKEN BY THE CITY. IN ADDITION, CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND ALL PROPERTYLOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, AND ALL CLAIMS, DEMANDS AND JUDGMENTS THEREFOR, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES CONTRACTOR, AT CONTRACTOR'S OWN COST OR EXPENSE, HEREBY AGREES TO 1'['VDEMNIFY, DEFEND AVD HOLD HAR31LESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES FROM AND AGAINST ANY CLAIM, LAWSUIT, DEMAND OR OTHER ACTION TO THE EXTENT THAT THE SAME ARISES FROM THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. S. AGREEMENT CUMUULATIVE. This Agreement is cumulative of and in addition to any written contracts, agreements, understandings or acknowledgments with the City signed by Contractor. '(ORRI-1-6I"Al 2 iTC,Mu'C Pie-U,E qty [1, G :�1r uG�, TV. 7lltl -.0011 _ :Q` P. f F 6. ENTIRE AGREEMENT. The terms of this Agreement shall not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by an authorized representative of both the City and Contractor. This Agreement and any other documents incorporated herein by reference constitute the entire understanding and agreement between the City and Contractor as to the matters contained herein regarding Contractor's access to and use of the City's Network. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provisions of this Agreement, The signature below of an authorized representative acknowledges that the Contractor has read this Agreement and agrees to be bound by terms and conditions set forth herein. IN WI'T'NESS WHEREOF, the parties hereto have executed this Agreement on this 24TH day of MAY , 2001 . CM OF FORT WORTH: CONTRACTOR: �L Na eofContract o JAMES R. MALLORY. A TORNEY By: By:— Ch ar I e s y:Charles Boswell Authorized Signature Assistant City Manager Printed Name: Title: ATTES ATTEST: By- By: City Secre �.. (a•p/ APPROVED AS TO FORM AND LEGALITY: Contract Authorization By: Assist, 1 City Attorney rx- 1 Date M& C: none required Jun 3 201 23:50 P.06 Exhibit 1 Rates The rates set forth below are the current prices for services provided. Batch& Database Processing $6.13 Per Minute CICS Transaction $0.0045 Per Transaction Lines Printed $0.0005 Per Line Network Dial-in Service $60.00 Per Sign-on/Month Network DiaMn Setup $180.00 Each Each rate is described below. Batch& Database Processing Batch Processing includes nighttime mainframe computer processing, disk storage, tape storage, and utilization of ancillary equipment as well as all DB2 Database Processing. Batch Processing is generally associated with report generation and nightly updating of production computer systems (e.g., MARS). The cost for printing reports created by Batch Processing are not included in this service CICS Transaction CICS Transactions represent the complete cost of online transaction processing. A transaction is always initiated by a user on the CICS (Customer Information and Control System) transaction processing system. A user initiates a transaction by hitting the ENTER and SEND keys. Lines Printed Each line printed on a laser printer or an impact printer are counted and a charge per printed line (regardless of the number of characters printed on the line). Network Dial-in Service Network Dial-in Service provides access to network functions from any location in North America. Dial in service requires the customer PC to have a modem, Windows 95, 98 or Windows NT Workstation, and Dial- up Networking capability (a standard capability of those operating systems). Unlimited use is included in this service. Network Dial-in Setup This service fee is a one=time setup charge that includes setting up security and sign-ons to the systems as well as configuration of a customer supplied PC for dial-in service capability, Customer must supply the PC system unit for configuration by the City prior to dialing into the system. T