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HomeMy WebLinkAboutContract 37121-A1CITY SECRETARY CONTRACT NO LIIVIITED ACCESS AGREEMENT This LIMI iEi7 ACCESS AGREEMENT "Agree+ne" I is made and entered into fay and Iaetween 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, Denton and Wise Counties, Texas, and Sarb Managernent Group Ply Ltd trading as [database Consultants Of AustralIa, (`DCA"}. The foilov ing statements ar'e true end Garret aratf form the basis of thfs Agreement: 1�. Tl�e City �swns and Ealaerates a fife server canaputeosystem and net�ar?rk r;coli�ctively the "Network".). Contractor wishes to have access to the C ity's network. �. C;ontractor 1R�#"sh�S fio perform acti�rities a� �eflr�ed #n 'Prodttrfi E�.ralriation Agreerrtent" and �S provided for in City Secretary Contract "Evaluation Agreement for DC:AI software and hardware' City Secretary contract No,37121, together with any amendments, aptaendixes or future statement(s) of work. C. ira order tc� perform the Eecessary di#ties, Contractor needs ac�ess to Citp's interrret access anti specifically to email to communicate with Home Office in Australia. I�. �rl,e Cit}' r} �'tifflirsg tCa granf COntr3Cttar aCc�SS tQ tf?e i'iet4Sfork, Sut`ajeCt to tl1C `criY'5 and CCanditron5 5e forth in this Agreement: and in the City's standard outside connections policy, i"ExtrFnet Standa4'd"i attached as EXhfb=t `A" anU hei'etay incorporated by reference and made a waft of this Agre_-:ntent for all purposes herein. NOW, THEREF[?RE, fihe �.;ity and Contractor f�ereby agree as €o((c;�,^rs: 1, GRANT OF LIMITED ACCESS. Contractor is hereby granlecl a `united right of access tc: tl�e City'S €�1eh,rork €or the sole purp�ase raf fn7t?ft)E� c'tf?CJ E?iJ7c31i FaC'G�S�. TI"re (:,Ity 4'Jiif prov#de Contr��.tor �vifft � password arl.i access nr#r?"ifai'f Ear numbers as necessary to perform. Contractor's duties. �. NETWORK RESTRICTIONS, Z.'i. Contractor may not SI?ar£ ar?y passwrards rar aGGeSS nr#rTiI3C'r or I'll�l`EJ'.'.''S proVicieCl Iay tI'ie City i�xePpt iMith C€a#ltra�tor'S o€ficers, at�JBntS, servants rsr onll3loyee5 �NhC ��qr`k Eia"ectly i��itf; this project. 2.2, Contractor acknowledges, agrees anct hereby gives its authorization to the City to monitor Contractrr's use of the Cit}t's �#etwork in order to enasure C�ontraetor`s con�pfiance with this Agreement. 2,3. A breach by Contractor, its officers: agents, servants or erapfE~yE~es; of this Agreement artd any other 4�rritten instructions or gr.idefines that tlae City pfovides to Cont#-actrar pursuant to this Agreement shall be grounds for the City immediately to deny Contractor access to the Rletwork and Contractor's Data in addition to any, other remedies that the City may have treader this Agreement or at law or in equity. A . The City rTsay terminate this Agreement at any time and for any f3FFICiAL i�ECORD CITY SECRETARY FT WORTH, TX 3. LIABILITY AND INDEIVINIFIU04I 1 )N. CONTRACTOR SHALL OC LIABLE AN" RESPONSIBLE FOR ALL LAAMAGES THAT THE CITY MAY INCUR DIRECTLY ON ACCOUNT OF ANY 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 AS A RESULT OF THE CITY`S RESTRICTIONS TO OR DENIAL OF ACCESS TO CONTRACTOR'S DATA OR TO THE NETWORK 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 ADt�ITION, CONTRACTOR SHALL ,6.E LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS; PROPERTY DAMAGE ANDIOR PERSONAL INJURY, INCLUDING DEATH, AND ALL CLAIMS, DEMANDS AND JUDGMENTS THEREFORE, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS. SERVANTS ANDIOR EMPLOYEES. CONTRACTOR, AT CONTRACTORS OWN COST OR EXPENSE, HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD) HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS ANDIOR 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. 4. AMENC►MENTu, The terms of this Agreement shall not �� t�taiveci, altered, n�octitieo, sulap(emented, or amended in any t ranner except by written instrument signed by an authorized representative a# Moth the City and Contractor. 5. ENTIRE: AGREEMENT. This Ar�reet'i'ient is cr,rnulative of and in addition to any written contract::. agreerrte€its, underStawdings or acknnw(edgments `vvits`i Ile City signed byontrctor. This Agreement and any offer documents incorporated herein by reference MlStrttite 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. in the event of conflict between this Agreement and CSC I! 37121 as it relates to t4etwor€t access, this Agreement shah central. 6. CONFIDENTIAL INFORMATION. Contractor, for itself and its officers: agents and employees,; agrees that it shaft treat al( informafioi� pry.=.tried to it by the City as confidential anti sha(I i�t�t disclose t�r�; G c �i- irtfarrt;i�tioi� to a Third Marty without the prior written approval of the City.. Contractor further agrees that it shall store: and maintain City Informatiork in a secure manner and Shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Contractor shall notify the City immediately if the security or integrity of any City information has been compromised m is believed to have been comproi raised. 7. RIGHT TO AUDIT Contractor agrees that the. City shall, d�€ring t}�e: initial term, and anti( the e'pFraticrr of three {�} years after ti�rnTinatitJn Or expiration of t('i)S Agreenent, tiaV2 aGC�55 to and t`1� rigi7t to e:�an�in8 at Ceasonable times any directly pertinent books; data, documents; papers and rec ords, moth hard copy and electronic. of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall ®FFICIAL RECORD CITY SECRETARY FT. WORTH, TX be provided adequatie and appropriate work space in order to conauct audits in compliance: with thte provisions of this section, The City shall give Contractor reasonable advance notice of intended audits. Contractor further agrees to include in all its subcontractor agreements hereunder a provisio€� to the effect that the sic€bcontraetor agrees that the City shall, during the initial term, and until expiration of three (3 years after termination or expiration of tree subcontract. have access to and the ;right to examineat reasonable tirries any directiy pertinent books, data, documents: papers and records, both hard copy and electronic: of such subcontractor involving transactions related to the subcontract, and further that City shall have access daring normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph: City shall give subcontractor reasonable notice of intended audits. 7. Si�NA'iUI�E AUTFlfJRl�'Y, The person signing this agreement hereby warrants ti�at heisle has the legal author""€ty to execute This agreement on behalf of the respective party, and that si€ch Minding authority has been granted by proper order. resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. �F�e�ma'€nder of Pacae lnt¢ntionaily Left �iankJ p��ICIAL R► CORD 961111 SECRETARY FT, WORTH, TX IN WITNE$8 WHEREOF, the parties hereto have executed this agreement on this day of U&� � ht � 2g_C?9 G17Y CIF F() T Ys/t3RTH: Cy: ; qAt. Karen L. Montgomery a Assistant City INanager/CFC) /a//&/0! �'ity Secretary n APPI�C�VEt7 aS FC�I?!t� At1tD LEGALITI•. BY, SS t ity Attorney M & C : none required _ Gt�NTRACTt�R By: &twa e ; QWORI Authorized Signature Printed Name: L Title; = ._D ... _._. '<-,N ���kCiA� ��CORD CITY SECRETARY FTo WORTH, TX EXHIBIT "A x I MANE I a I IA J�AMU C?VGrV t�'YY Tlie purpose of this standard is to establish the requirements Linder which third party organizations may connect to the City of Fort North networks for the puraose of transacting City business. The standards listed are specific activities required by Section? ,2 of the City of Font Worth Information Security Policy. Connectlons between third parties that require access to non-public City of Fort North resources tall under this standard, regardless of whether a telecommunications circuit (such as frame relay or ISDN) or Virtual Privacy Network (VPN) technology is used for the connection. Connectivity to third parties such as the Internet Service Providers (ISPO that provide Internet access for the City of Fort Worth or to the r'ublic Switched Telephone Network do not tall under this standard. standard Security f�evievv %t11 new extfanet connectivity will go through a security review with the Infon-nation Security deparMient ([T Solutions) The reviews are to ensure that all access hatches the business requirements in a best possible way, and that the principle of least access is followed. 'Thtrci Party Gorrnectian Agreerirerrt it new connection requests between third parties and the City of Fort worth require that the third Marty and the City of Fort Worth representatives agree; to and sign a third party agreement. This agreement must be signed try the Director of the sponsoring organization as well as a representative from the third party who is legally empowered to sign on behalf of the third party. The signed document is to be kept on file with IT Solutions- All documents pertaining to connections into the Cltv of Fort Worth tabs are to be kept on file with Fr Solutions_ Brssirtess Case III prcadtrcflon extranet connections must be accor��panied by a valid business justificatior7, in writing, th=�f is approved by a project manager in IT Solutions. Lab connections must be approvers by IT Solutions. Typically this function is handled as part of a third party agreement. The sponsoring organization must designate a person to be the Point of CcantaLt (POC) for the Extranet connectionI The PCrC acts can behaEf of the sponsoring organization, and is r seer?sible for those portions of this policy and the third party agreement that pertain to it, In the event that the POC changes, IT ,olutions must be inforr� Or d pro€r ptly. Estabiishinct Connectivity, Sponsorinci organizations within the City of Fc,rt North that wish tta establish connectivity to a Third party are to file a new site request with IT Solutions to address security issues inherent in the project If the proposed cot,nec,tion is to terminate within a lab at the City of Fort Worth, the sponsoring organization mast engage IT Solutions. The sponsoring organization must provide full and complete information as to the nature of the proposed access to the extranet group and IT Solutions, as requested. r1I1 canraoct3vity established must be based on the least -access principle, in acCordance with the approved business regr.iiren�ents and the security review. In no case will flee City of Fort forth rely ripen the third party to protect the City of Fort Worth's network or resources. Modifyinct or Changing Connectivity and Access All changes in access must be accompanied by a valid business justification, and are subject to security revie` , Changes are to be implemented via corporate change management process. The sponsoring organization is responsible for notifying IT Solutions when there is a material change in their originally provided information so that security and connectivity evolve accordingly. Terminatirtg Access ften aec:ess is no longer required; the sponsoring organization within the City of Fart Worth must notify IT Solutions, which will then terminate the access. This may mean a modification of existing permissions up to terminating the circuit: as appropriate, IT Solutions must conduct an audit of their respective connections on an annual basis to ensure that all existing connections are still needed, and that the access provided meets the needs of the connection. Connections that are found to be deprecated, and/or are no longer being used to conduct the City of Fort Worth business, will be terminated immediately. Should a security incident or a finding that a circrfit has been deprecated and is no longer being used to conduct the City of Fort Worth business necessitate a modification of existing permissions, or termination of connectivity, IT Solutions will notify the POC or the sponsoring organization of the change prior to taking any action. f?�flnitions Cl=cuft For the purposes of tnfs policy, circuit refers to the method of network access. whether it's throu911 traditional ISDN, Frame Relay etc. or via VPN encryption technologies. Sponsoring Organization The. Gity of Fort i.'�'orth organization that requested that the t1"tircl part�f have access to the City of Fort Worth network. Third Party A business that is not a formal or s�fnsitfary part csf the City of Fcrt Worth_