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HomeMy WebLinkAboutContract 38065�TAPI LIMITED ACCESS AGREEMENT 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 lave of the State of Texas and situated in portions of Tarrant, Denton and Wise Counties, Texas, and 2 Technologies, Inc., ("Contractor") KS . ( The following statements are true and correct and form the basis of this Agreement: WHEREAS: A. The City owns and operates a file server computer system and network (collectively the "Network"). Contractor wishes to have access to the City's network. B. Contractor wishes to perform activities as defined in the Statement of Work for Consulting Services and as provided for in City Secretary Contract KS2 Technologies, Inc., together with any amendments, appendixes or future statement(s) of work. C. In order to perform the necessary duties, Contractor needs access to City's Water Utility Billing production and test servers. D. The City is willing to grant Contractor access to the Network, subject to the terms and conditions set forth in this Agreement, and in the City's standard outside connections policy, ("Extranet Standard") attached as Exhibit "A" and hereby incorporated by reference and made a part of this Agreement for all purposes herein. NOW, THEREFORE, the City and Contractor hereby agree as follows: 1 2. GRANT OF LIMITED ACCESS. Contractor is hereby granted a limited right of access to the City's Network for the sole purpose of installing an IBM system I Model 525 for use as the Water Utility billing production and test servers. The City will provide Contractor with a password and access number or numbers as necessary to perform Contractor's duties. NETWORK RESTRICTIONS. 2.1. Contractor may not share any passwords or access number or numbers provided by the City except with Contractor's officers, agents, servants or employees who work directly with this project. 2.2. Contractor acknowledges, agrees and hereby gives its authorization to the City to monitor Contractor's use of the City's Network in order to ensure Contractor's compliance with this Agreement. 2.3. 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 or in equity. 2.4. The City may terminate this Agreement at any time and for any reason. 3. LIABILITY AND INDEMNIFICATION. CITY SECRETARY FT. WORTH, TX CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ALL DAMAGES 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 ADDITION, CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR 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 AND/OR EMPLOYEES. CONTRACTOR, AT CONTRACTOR'S OWN COST OR EXPENSE, HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES FROM AND AGAINST ANY CLAIM, LAWSUIT, DEMAND OR OTHER ACTION TO THE EXTENT THAT THE SAME ARISES FROM THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 4. AMENDMENTS. The terms of this Agreement shall not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by an authorized representative of both the City and Contractor. 5. ENTIRE AGREEMENT. This Agreement is cumulative of and in addition to any written contracts, agreements, understandings or acknowledgments with the City signed by 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. In the event of conflict between this Agreement, as it relates to Network access, this Agreement shall control. 6. CONFIDENTIAL INFORMATION. Contractor, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Contractor further agrees that it shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Contractor shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. 7. RIGHT TO AUDIT Contractor agrees that the City shall, during the initial term, and until the expiration of three (3) years after termination or expiration of this Agreement, have access to and the right to examine at reasonable times any directly pertinent books, data, documents, papers and records, both hard copy and electronic, of the 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 be provided adequate and appropriate work space in order to conduct audits in compliance with the 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 provision to the effect that the subcontractor agrees that the City shall, during the initial term, and until expiration of three (3) years after termination or expiration of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, data, documents, papers and records, both hard copy and electronic, of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. 7. SIGNATURE AUTHORITY. The person signing this agreement hereby warrants that he/she has the legal authority to execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. [Remainder of Page Intentionally Left Blank] pN WIESS WHEREOF, the partie ereto have executed this Agreement on this � day of V: =S � 203. CITY OF FORT WORTH: KS2 Technologies, Inc. By: .lMw��i L;4 By: Row Assistant City Manager 96forized Sign e -/�k Printed �me: G� riyf �i Title: a r' Aw:2 U % �- ATT T: By:. City Secretary APPROVED AS T By: ) " Assistant Cit M & C: ORM AND LEGALITY: ATTEST: By: CITY SECRETARY FT. WORTH, TX n EXHIBIT "A" EXTRANET STANDARD Overview The purpose of this standard is to establish the requirements under which third party organizations may connect to the City of Fort Worth networks for the purpose of transacting City business. The standards listed are specific activities required by Section 2.2 of the City of Fort Worth Information Security Policy. Sco e Connections between third parties that require access to non-public City of Fort Worth resources fall 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 (ISPs) that provide Internet access for the City of Fort Worth or to the Public Switched Telephone Network do not fall under this standard. Standard Security Review All new extranet connectivity will go through a security review with the Information Security department (IT Solutions). The reviews are to ensure that all access matches the business requirements in a best possible way, and that the principle of least access is followed. Third Party Connection Agreement All new connection requests between third parties and the City of Fort Worth require that the third party and the City of Fort Worth representatives agree to and sign a third party agreement. This agreement must be signed by 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 City of Fort Worth labs are to be kept on file with IT Solutions. Business Case All production extranet connections must be accompanied by a valid business justification, in writing, that is approved by a project manager in IT Solutions. Lab connections must be approved 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 Contact (POC) for the Extranet connection. The POC acts on behalf of the sponsoring organization, and is responsible for those portions of this policy and the third party agreement that pertain to it. In the event that the POC changes, IT Solutions must be informed promptly. Establishing Connectivity Sponsoring organizations within the City of Fort Worth that wish to 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 connection is to terminate within a lab at the City of Fort Worth, the sponsoring organization must 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. All connectivity established must be based on the least -access principle, in accordance with the approved business requirements and the security review. In no case will the City of Fort Worth rely upon the third party to protect the City of Fort Worth's network or resources. 5 Modifying or Changing Connectivity and Access All changes in access must be accompanied by a valid business justification, and are subject to security review. 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. Terminating Access When access is no longer required, the sponsoring organization within the City of Fort 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 circuit 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. Definitions Circuit For the purposes of this policy, circuit refers to the method of network access, whether it's through traditional ISDN, Frame Relay etc, or via VPN encryption technologies. Sponsoring Organization The City of Fort Worth organization that requested that the third party have access to the City of Fort Worth network. Third Party A business that is not a formal or subsidiary part of the City of Fort Worth. t� City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/30/2008 DATE: Tuesday, September 30, 2008 LOG NAME: 60IBM (SERIES REFERENCE NO.: C-23108 SU_BJEC_T: Authorize the Purchase of an IBM iSeries M25 Power6 Server from IBM Corporation for $273,943.09 and a Three Year Maintenance Agreement, Implementation and Training Services in an Amount Not to Exceed $148,363.31 from KS2 Technologies, Inc., for the Water Department RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Authorize a purchase agreement with IBM Corporation for an IBM M25 Power6 server that will house the billing system for the Water Department for $273,943,09; 2. Authorize a three year agreement with KS2 Technologies, Inc., for iSeries software support and upgrades for an annual cost of $11,409,29; 3. Authorize a three year agreement with KS2 Technologies, Inc., for iSeries hardware maintenance and support at an annual cost of $31,378.48; and 4. Authorize a purchase agreement with KS2 Technologies, Inc., for implementation and training on the iSeries M25 Power6 server for $20,000.00. DISCUSSION: On September 30, 2003, (M&C P-9892) the City Council authorized the three year lease of an IBM iSeries 810 server for the Utility Billing System. This system is operated and maintained by the Water Department and also provides utility billing for Transportation and Public Works (TPW) and Environmental Management Departments. Under M&C P-10529, the Water Department purchased the system at fair market value at the end of the lease on January 31, 2007. The billing software, which this server supports, is used to manage and bill over 220,000 accounts for water, wastewater, solid waste, and stormwater fees. In addition to producing and processing nearly three million bills annually, this system also provides the base functionality which allows citizens to pay their bill online, using the H2Online internet website, and by telephone, using the Water Department's Interactive Voice Response (IVR) system. From October 11 2007, to June 30, 2008, the H2Online internet website processed an average of 750 transactions a day for a total of approximately 200,000 transactions amounting to approximately $20 million. H2Online transactions increased 46 percent last year. The IVR, from the time it was made available to the public on May 29, 2008, to June 30, 2008, processed just over 4,000 transactions amounting to approximately $450,000.00. During the first 17 days of July, the IVR processed approximately 3,000 transactions amounting to approximately $300,000,00. For the same October 1 to June 30 period, other payment avenues such as Annex cashier windows, mail, satellite offices, lockbox, and e-lockbox, have produced an additional 1.5 million transactions amounting to just over $230 million. Lo�name: 60II3M (SERIES Page 1 of 2 With the growth of the customer base, 19 percent in the last five years, and the capacity of the equipment with regards to processing power, memory size, energy needs and space requirements, the Water Department must consolidate our billing equipment to a more robust and scalable hardware solution. The current production hardware consists of an IBM iSeries 720 which is used as a testing and training platform and an IBM iSeries 810 which serves as the production platform. Both hardware systems have exceeded their lifecycle with the 720 reaching end of availability in 2003 and the 810 reaching its end of availability late in 2007. In addition to the increased cost of maintenance agreements for both the 120 and the 810 due to them having exceeded their lifecycle, the operating system versions available for these servers have also reached their final release levels. The final operating systems release level for the IBM iSeries 720 is Version 5, Release 2 (V5R2) and the final release level for the IBM iSeries 810 is Version 5, Release 4 (V5R4). Both the 720 and the 810 are currently at Version 5, Release 2 (V5R2). The fact that both the 720 and the 810 have reached their final release level of the operation system versions is significant because the ability to upgrade the Utility Billing software is limited by the operating system version. V5R4 is required to upgrade the Utility Billing software to the current stable version. The upgraded version of the billing software would have the ability to support customer requested functionality such as paperless billing, email notification of bill generation, and recurring credit card payments. In addition to customer facing enhancements, this version of the billing software also provides enhancements which streamline major facets of processing and maintaining accounts and transactions. This new server will consolidate the functionality of the training/test server and the production server into a single hardware platform, allowing the Water Department to reduce our annual maintenance contract on the billing system by $21,028.82, and will provide a more sustainable device that will accommodate the current and future needs of the Sunguard HTE Utility Billing software. The City will use the State of Texas Department of Information Resources (DIR) Contract No. DIR-SDD-190 to procure the IBM M25 Poweru server that will house the billing system for the Water Department. Pursuant to state law, a political subdivision that purchases goods and services under a DIR Contract satisfies otherwise applicable competitive bidding requirements. F_I_SCAL .INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budgets as appropriated, of the Water and Sewer Fund. TO Fund/AccounUCenters FROM FundlAccount/Centers PE45 539120 0604012 $16$,365.43 PE45 539120 07040.12 $168,365.43 Submitted for City Manager's Office. by: Fernando Costa (8476) Originatng_Department Head: S. Frank Crumb (8207) Additional Information_ Contact. S. Frank Crumb (8207) I ogname: 60IBM ISERIES Page 2 of 2