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HomeMy WebLinkAboutContract 37371 y ��Y �` a Py �'h i poiwmwm ' F? ira mn 'irk� �r n 'an4rwr0 /c I. TE OC.,. CONTRACT BETWEEN TRE, R Ro D COMMISSION of TEXAS AND THE CITY OF FORT WORTH,TEXAS PARTIES The Railroad Commission of Teas(COMMISSION), an agency of the State of Texas, and the City of Fort Worth,Texas(CITY),an incorporated city in the State of Texas, enter h1to this fn.terlocal contract (Contract).CITE"and COMMISSION may he collectively referred to as the parties"and individually, referred to as a"party.15 PURPOSE AND AUTHORITY COMMISSION and CITY enter into this contract forl the purpose of sharing of facilities, services and expertise. This Contract conforms to the Interlocal Cooperation Act,Texas overrune t Code,"Title 6, Chapter 791 CITY AGREES TO PROVIDE THE FOLLOWING.- Beginning on September I, 2008, CITE" will provide for Co SSION s exclusive use of 1,497 square feet, more or less, of office space ("Facility") at City Tall 130' Street nee:, 401 W. 13"' "greet, Fort Worth,Texas 76102,as shown in Exhibit 1, attached to this contract and incorporated ere' , at no cost to COMMISSION. Prior to the September 1, 2008 rove in date, CITY will provide COMMISSION the following, to ensure the Facility is ready for use as office space by the move in date: I w reasonable access to the Facility to, install cublicles, storage cabinets, office furniture, computers, office machinery, supplies, and telephone and Internet service for COMMISSION, so that the installations will be operational on September I,2008 2. signage as follows: one or more green and white street sigqis on adjoining streets, visible to traffic, bearing the legend "Railroad Commission" with an arrow poi�tin, to the Facility, and a sign on each entrance to tl�e Facility bearing the legend"Railroad Commission.of Texas;"and 3. four sets of keys for access to the, Facility, includhig legs to any internal doors within the Facility. CITE" will manage the Facility including building oversight; facility management services; repairs to CITY property and utilities- security and operation; custodial and janitorial services, including trash and recycling removal and scheduling of conference rooms and other facilities, at a level at least equivalent to those provided by CITY for its own office space,at no cosh to COMMISSION. CITY will provide utility services at no cost to COMMISSION, with the understanding that most of the COMMISSION personnel assigned to the facility will not occupy` the Facility full-time. Utility service usage includes electricity, heating, cooling, water, and wastewater, trash and recycl n icl up� utility service usage does not include telephone,, Internet or wireless services,'ces, vh ich W1, , OFFICIAL RECORD CITY SECRETARY FT* WORTH',TX I prov e -*de at CONMSSION's expense. It may be necessary for COMMISSION to install additional F Internet ports, in the Facility , which CITY hereby consents to and for which CITY will allow n COMMISSION reasoable access to wiring, conduits, and roo ms as necessary, subject to CITY's Trusted Party Standard attached hereto as Exhibit 2 for all purposes. CITY may s�upervi�se or inspect CONMSSION's work in this regard,which work may not interfere with CITY's operations. COMENUSSION AGREES TO DO THE FOLLOWING: COMMISSION agrees to the terms and conditions for the Facility shared by City with COMMISSION as identified in this Contract. COMMISSION currently has a number of District Offices located throughout the State of Texas. COMMISSION agrees to use the Facility to house a District Office within the City of Fort Worth, Texas. COMMISSION will assign to this District Office personnel with expertise and experience in natural gas, propane, and gas pipeline safety and operations., COMMISSION agrees to reimburse CITY for the costs of custodial and janitorial services for the Facility in an amount based upon the current rate in the CITY's custodial services contract. Based on the current rate,, COMMISSION agrees to pay CITY the amount of 160.00/ oath,for service twice per week, In the event of a rate increase, COMMISSION and CITY will agree in writing, to elther an increased rate or a reduction in custodial and janitorial services. To the extent allowed by law, COMA41SSION is resp�o�ns,ible for repair and replacement of all portions of ,I the Facility which are necessitated by COMMISSION, its invitees or licensees; otherwise all repairs and replacements,shall be the responsibility of CITY., COMMISSION shall keep the Facility in good, clean condition. At the expiration or termination of this Contract, COMIVIISSION shall deliver the Facility in at least as good condition as the Facility was in on the commencement of the Contract, normal wear and tear and casualty loss excepted. Normal wear and tear means deterioration that occurs without negligence, carelessness, accident, or abuse but nevertheless leaves the Facility in working order and usable condition. I COMNUSSION agrees not to make any alterations, additions, or improvements to the Facility without the or p,r written-ften consent of CITY. BOTH CoMMISSION AND CITY AGRE E TO THE FOLLOWING: CITY will include COMMISSION in any fire or disaster drills and training 'Involving the Facility. COMMISSION will cooperate with CITY in this regard and will participate in the drills and training. of parties will exchange safety related in for i-nation as necessary for the safety and well-being of persons occupying, working in,or visiting the Facility. CONTRACT TERM The Parties agree that the COMMISSION's time and expense in, locating and moving to alternate 'table for a COMMISSION District Office, and the value to the CITY in having a premises suitable I COMMISSION District Office located within the City of Fort Worth, necessitate a long term agreement, in the best interests of the State of Texas and of the City of Fort Worth. This Contract is effective September 1, 2008 and will remain in effect until August 31, 2013. This Contract may be renewed for up to five additional one-year terms# such renewal shall be automatic unless written notice of termination is given, to the other party within 60 days of the expiration of the then- current term. EOFFIICIA,LRECO,RD 2 CTYS C11Y SECRETARY I F To W 01 T*WORTHy TX NOTICE AND AUTHORIZED R-E,PRESENTATIVE Written notice shall be deemed to have been duly served when received by hand delivery or when sent and received by certified or registered mail, or other verifiable delivery service, in each case, to the following Authorized Representative for COMMISSION and CITY. Each party shall advise the other W* w ri ' g o cart' any applicable change in authorized representative or address. in 0 COMINUSSION's Authorized Representative. CITY"s Authorized Representative: Name: Torn Morgan Name.- Joe Paniagua Title-. Purchasing Manager Title- First Assistant City Manager Address-, P.O. Rox 1.296 7 Address-, 101001 Throckmorton Austin,,TX 78711-2967 Fort Worth TX 76102 Phone: (512)463-7680 Phone: (817)392- Fax: (5�12)463-7200 Fax: (817)392- COMMISSION shall deliver problem reports(including items needing repair), as well as concerns related to Facility security, suspicious activity, vandalism, and theft at the Facility to CITY's Authorized Representative, who shall distribute the reports to the responsible person, entity,-or authority for repair, correction'. or investigation as necessary. CITY shall deliver similar reports to COMWSSION's Authorized Representative as necessary for the health, safety or �welfare ofCOMAUSSION's personnel, customers or property. CONTEVUED A-PPROPRIATIONS This Contract is contingent upon the continued availability of appropriated state funds to the COMMISSION. This Contract shall terminate in the event that the governing body of CITY fails to appropriate sufficient 11 funds,to satisfy any obligation of CITY hereunder, Termination shall be effective as of the last day of the fiscal period for which sufficient funds were appropriated or upon expenditure of all appropriated funds, whichever comes first. In accordance with Texas, Government Code 791.0 11(d)(3), each party paying for the performance of' governmental functions must make those payments from current revenues available to the paying party. DISPUTE RESOLUTION The dispute resolution process provided for in Chapter 2260 of the Texas Goveriunent Code shall be used by CITY and COMMISSION to resolve all disputes arising under this Contract. As required by Chapter 2260. CONMSSION has adopted rules, codified at 16 Texas Admin 1 strat'I've Code §§20.21 —20.75, and may adopt revisions to these rules throughout the term of this Contract, including any extensions. The parties shall comply with such rules. This contract is Subject to the laws of the State of Texas. Venue for any legal, action related to this contract is in Travis County, Texas,. OFFICIAL RECORD CITY SECRETARY 3 WORTNt'M AUDITS CITY and COMMISSION agree that the Texas State Auditor's Office ("State Auditor") may audit or investigate either party or any subcontractor or other entity receiving funds from the State of Texas under this contract. Acceptance of funds from the State of Texas directly under this contract or 'Indirectly through a subcontract under this contract constitutes acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds,, Under the direction of the legislative audit committee, any entity that is subject to an audit or 'Investigation by the State Auditor must provide the State Auditor with access to any information the State Auditor considers relevant to the investigation or audit. ENTIRE AGREEMENT This Interlocal Contract, including Exhibits I and 2, attached to this Contract and incorporated here' constitutes the entire Contract between CITY and CONMSSION.No other terms and conditions are applicable,unless this Contract is amended in writing by both parties. SIGNATORY For faithful performance of the terms of this Contract,the parties hereby agree to do so as evidenced by their signatures executed below. The undersigned signatories represent and warrant that they have full authority to enter into this Contract on behalf of the respective parties. ciT'y OF,' ORT THTEXAS RAILROAD COM[MISSION OF TEXAS -------------------- Joe Pania a R.1ch Vare a First Assi nt ety Manager Executive Director Date Date e mi.APPROVED AS -ro 0 M A LEGALITY.: A J EY �z Al"TORN Z*o CoAtract huthorizatioa I Afte#zd VY Date Ja Marty n en ix, dky scommy, LF RECORD RTA RY \\'■ \a: ^Street Annex loo la C t Of FOrt ©oit, Texas \.»°t (2g y$ \4s« » �. . .y <e feet available«l< /# CoMmission. (� OFFICIAL \ \ } \\\\� ■\?\\ /\ RD CITY SECRETARY .�»^ WORTH, � } § � 2 X } � mIB IT CITY'S TRUSTED PARTY STANDARD PHYSICAL ACCESS TO TECHNOLOGY FACILITIES,FOR LM LOYEES OUTSIDE of IT SOLUTIONS OR THIRD R '"ARTY CONTRACTORS Trusted Party Standard Overview The purpose of this standard is to establish the requirements under which Individuals outside the employment of ITS may have physical access to closets, equipment, facilities, etc., normally restricted to ITS personnel,. The standards listed are clearly defined in the City of Fort Worth h formation Security Policy. Facilities, closets, boxes or areas that contain equipment, including but not limited to patch panels, routers, Dubs servers communication systerns i.e,. microwave radios, trunlced radio systerns, Fire Station Alerting System, Paging System, Mobile Data System, etc), and PBX's are considered secure. and restricted.Non-CFW ITS personnel that require access to City of Fort Worth restricted resources,, as described here,gill fall under the Trusted Party Standard, regardless of which depa� ent hosts or houses the facility. Standard Securit y review. Any access (external to CFW ITS personnel)will go through a security review with -the Information Security Division IT Solutions). The reviews are to ensure that all access matches the business requirements in the best possible way, and that the principle of least access is followed for the protection of resources that belong to the City of Fort Worth, The Trusted Party must undergo the same background and security reviews applicable to CFW ITS personnel. Request. Requests for access must he in writing, The request inust be signed by the Trusted Pam that requires the special access. The request shall describe, in detail, the necessary access requested, duration access is needed and detailed contact information for the Trusted Party. The original signed request Is to be :dept on file with IT Solutions. All requests will be reviewed by the Director of the CFW ITS Department, and the Information Security .division, in conjunction with the appropriate CFW ITS Division Manager. Esta �sh�u ccess0 I The requesting party shall snake the request, in writing,for access,. 2. The Trusted Party will be required to undergo all background and security cheeps required by all CFW ITS employees. 3. The Trusted Pay will abide by all City of Fort Worth Administrative Rules and Regulations and the City of Fort Worth Information Security Policy.. 4. The! Trusted Party may not install, configure, or, remove equipment, circuits, or third party connections inside secure facilities to hick they are being granted access prior to review by and coordination with a representative of IT Solutions. 5. The Trusted Party may not sto re anything in the secure facility, without previously having inn obtained written permission from the appropriate CFW ITS Division Manager and the Information Security Division. 6. The Trusted Party may not unplug or change the power distribution inside the secure facility. 7. The Trusted Party may not grant access to others to the secure facility. 6 OFFICIAL RECORD ' CITY SECRETARY FT.WORTH, 8. The Trusted Party is responsible for maintaining the level of security upheld by IT' Solutions and mandated to the Security Policy. 9. The Trusted Party may be issued a key, a code, or badge access to the secure facility and must report breaches immediately to 817-392-8 O�. 10. Changes in personnel, or the responsibilities that effect this agreement,, must be reported immediately in writing to the IT Solutions Director. 11. The Trusted Party shall clean up before they leave the facility. The facility shall be restored, at a minimum,to the condition the Trusted Party found the facility. All connectivity established must be based on the least-access principle, in accordance with the approved,business requirements and the security review. Moth f y Lin .g�or Chagging Mess All changes in access must be accompanied by a written valid business jus,ti,fication, and are subject to security and Operations review. The sponsoring department is responsible for notifying IT Solutions when there is a material change in their original request so that operations, security and access evolve accordingly. Any changes or modifications,to the facility,access must comply with this agreement unless agreed in writing by both parties. Termi"nating Access When access is no longer required, the department within the City of Fort Worth must notify IT Solutions, IT Solutions will conduct an audit of secure facilities on an annual basis,. If ITS determines that a particular department no longer requires access, then such access shall be terminated immediately. Should a security incident occur, access may be revoked at the discretion of the Information Security Division. Access may also be revolved for not adhering to this agreement. The Trusted Party will ensure that any equipment, circuits, or third-party connections originally 0 1 d. The facility shall be restored to installed by the Trusted Party are removed when no longer require 1 1, the condition the Trusted Party found the facility prior to installation less reasonable wear and tear. Definitions I Secure or Restricted Area: Facilities, closets, boxes or areas that contain equipment,, including patch panels, routers, hubs, servers, communication systems, (i.e. microwave radios,, trunked radio systems, Fire Station Alerting System, Paging System, Mobile Data System, etc),and PBX's are considered secure and restricted. 2. Si)onsoring D,ei)arh*nent. The City of Fort Worth Department, Organization, or group that requested that the trusted party have access. 3. Trusted Pggy.-A City employee or third, party normally performing support ftinctions for a City Department or City facility, but not an employee of'ITS. OFFICIAL RECORID, CITY SECRETARY n WORTH, TX IRS: { �i �ww ► a �wrsw �1 wr arwNw w.�,loom�rwww�wa w1 r ww A �JI I uru��l Vr�'� pew►; �w�1M IMr o�M w�wwwwww��rMMlww��rwrw.��w yr � Ift low"901 wwI"'wow,wwwwwMw, rwrMiMw,wirwMw+�wwMw.^WWI. L r MOV4 d ft � r ��. w.wwa.ap Y r ww Nwwnr ar aa' . M wo wM AWN W, ' I > �--� Mwwwrrwwww.w MwMMwuwwwwww 'b am mmommmomw INI>I� I w„ Oki lu I u per.. Y w,w I I I i I �I I I I I j j j II I' I I I I II I I imm M oiling I l i;11111 wMMMM1M OMNMMMM MMm wMM wwwwMw"Mw a w d ma M��wwI1MwMMMMwwr�MMMwwIwwM11MMNIM�11IMIM4MwMMwllw MwwMMMMwwwwlw MIwMwMwIMMMMwM F , ij city or J60rt Worth, A910i = = ■ a ■ Mayor unication r: MAIN',.,J COUNCIL, ACTION. Approved on 7/22:/2008 .. w, , . N �.u�ww,"9r�"k� ,,, 1,1 + '��WJ'eWY,.',t�w�r»IwJn �",w""!;+�dndiirl�kd'":ww dtdt'atlndrpai+''U'oSd�� dnrs"w( ,'rr�:+'u"vw!>rniwMu�u',^�#w ^w >"1N;a�+ a�" "�i1Yk""+mr ;�r�?!+ ✓',��'�uyewi;'S "", �'` DATE: Tuesday, July 22, 2008 LOG NAME.- 012RAILROAD COM REFERENCE NO. -22933 Authorize Execution of an Interl c l Agreement Between the Railroad Commission of Texas and the City of Fort Worth for Facility ,sharing of Space at 401 West, 1,3th, Street,, Fort Worth, Teas RECOMMENDATION', It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement with the Texas railroad Commission for facility sharing by the City of t=ort Worth with the Texas Railroad Commission utilizing 1 497 square feet of office space at 401 'Test 13th Street. The term of the Agreement, shall be for an initial term of five years commencing September 1, 2008, until August 31, 2013, with fire automatic one-year renewal options. DISCUSSION: N Exploration and devel l irm nt activities within the Barnett Shale gas field in Forth Worth and north Texas halve grown dramatically over the course of the last several years. Furthermore, it is anticipated that the Bevel of exploration and development activities in and around Fort Worth will only increase for the foreseeable future. Present and forecasted levels, of exploration and development point to a need for the Texas Railroad Commission (Commission) to have a presence in the City in order to effectively fulfill required inspections of current and future well sites and to transact other business relative to, the affairs of the Commission. A City of Fort Worth location by the Commission will also, provide for rnore effective communications and interaction between Commission and City staff, as Lath staffs respond to issues and concerns related to gas exploration in the area. City staff and the staff of the Commission have negotiated an Interlooal Agreement between the City and the Commission in which the Commission shall relocate its office currently located in Dallas County to Fort Worth. The office contains approximately ten employees engaged) in the inspection process and other business of the Commission. A copy of the Interlocal Agreement is attached hereto and "contains the following terns. 1. Space: 1,497 square feet of office space at 401 West 13th Street, 2. Term: Five years commencing September 1, 20 8,1 through August 31, 2013, with five one-year automatic renewal options; 3. Costs: The Commission shall reimburse the City for the Commiss'ion's, pro' rata share of the custodial and janitorial costs associated with the subject space which shall begin at a level of service at trice pier week at a cost of$160.00 per month. For the current fiscal year the cost will be $160.00 and for Fiscal Year 2008/2009, the cost will be $ 1,920.010 unless the costs increase. Any subsequent increase or decrease in these costs result in negotiation of a nnew, rate for which the Commission shall be responsible, and 4. Signs:-, City shall, be responsible for placement of signage on the building identifying it as the location of the Texas Railroad Commission, and shall also place green and white street signs on adjoining streets bearing the legend-. Texas Railroad Commission. FISCAL INFORMATION/ClERTIFICATION: The Finance Director certifies that the Finance Department is responsibl�e for the collection and disbursement of all funds collected by virtue of the terms of this agreement. TO Fun d,/Account/Centers FROM Fund/Account/Centers G 481152 0205001 $1601.00 ,, AM$ Submftted fo,r..Cwitv arae 's Office hy: Joe Paniagua (6191) Q I menit Head: Reid Rector (1296) rlig'natin- Deoart Addift'lonall Information Contact: Evonia Daniels (75 04)