Loading...
HomeMy WebLinkAboutContract 57621-NA1CSC No. 57621-NA1 NETWORK ACCESS AGREEMENT This Network Access Agreement ("Agreement") is made and entered into by and between the City of Fort Worth ("City"), a home rule municipal corporation with its principal location at 200 Texas Street, Fort Worth, Texas 76102, organized under the laws of the State of Texas and RJN Group, Inc., a Texas Corporation with its principal location at 14755 Preston Rd. #710 Dallas, TX. 75254, ("Vendor"). 1. The Network. The City owns and operates a computing environment and network (collectively the "Network"). Vendor wishes to access the City's network in order to provide In-house CCTV Professional Service Assistance with Training Support, Inspection and Analysis. In order to provide the necessary support, Vendor needs access to VueWorks. 2. Grant of Limited Access. Vendor is hereby granted a limited right of access to the City's Network for the sole purpose of providing In-house CCTV Professional Service Assistance with Training Support, Inspection and Analysis. Such access is granted subject to the terms and conditions forth in this Agreement and applicable provisions of the City's Administrative Regulation D-7 (Electronic Communications Resource Use Policy), of which such applicable provisions are hereby incorporated by reference and made a part of this Agreement for all purposes herein and are available upon request. 3. Network Credentials. The City will provide Vendor with Network Credentials consisting of user IDs and passwords unique to each individual requiring Network access on behalf of the Vendor. If this access is being granted for purposes of completing services for the City pursuant to a separate contract, then, this Agreement will expire at the completion of the contracted services, or upon termination of the contracted services, whichever occurs first. Otherwise, access rights will automatically expire one (1) year from the date of this Agreement ("Expiration Date"). ® Services are being provided in accordance with City Secretary Contract No. 57621. ("Contract") ❑ Services are being provided in accordance with City of Fort Worth PeopleSoft Contract No. . ("PSK #") ❑ Services are being provided in accordance with the Agreement to which this Access Agreement is attached. ("Contract") ❑ Services are being provided without a City Secretary Contract at no cost to the City ❑ No services are being provided pursuant to this Agreement 4. Renewal. This Agreement shall renew in accordance with the term of the Contract or PSK #. If there is no Contract or PSK #, this Agreement may be renewed annually by City, in its sole discretion, at the end of the Expiration Date and each renewal term thereafter. Notwithstanding the scheduled contract expiration or the status of completion of services, Vendor shall provide the City with a current list of officers, agents, servants, employees or representatives that require Network credentials on an annual basis. Failure to adhere to this requirement may result in denial of access to the Network and/or termination of this Agreement. 5. Network Restrictions. Vendor officers, agents, servants, employees or representatives may not share the City -assigned user IDs and passwords. Vendor acknowledges, agrees and hereby gives its authorization to the City to monitor Vendor's use of the City's Network in order to ensure Vendor's compliance with this Agreement. A breach by Vendor, its officers, agents, servants, employees or representatives, of this Agreement and any other written instructions or guidelines that the City provides to Vendor pursuant to this Agreement shall be grounds for the City immediately to deny Vendor access to the OFFICIAL RECORD CITY SECRETARY Network Access Agreement (Rev. 8/28/19) page 1 of 4 FT. WORTH, TX Network and Vendor's Data, terminate the Agreement, and pursue any other remedies that the City may have under this Agreement or at law or in equity. 6. Termination. In addition to the other rights of termination set forth herein, the City may terminate this Agreement at any time and for any reason with or without notice, and without penalty to the City. Upon termination of this Agreement, Vendor agrees to remove entirely any client or communications software provided by the City from all computing equipment used and owned by the Vendor, its officers, agents, servants, employees and/or representatives to access the City's Network. 7. Information Securitv. Vendor agrees to make every reasonable effort in accordance with accepted security practices to protect the Network credentials and access methods provided by the City from unauthorized disclosure and use. Vendor agrees to notify the City immediately upon discovery of a breach or threat of breach which could compromise the integrity of the City's Network, including but not limited to, theft of Vendor -owned equipment that contains City -provided access software, termination or resignation of officers, agents, servants, employees or representatives with access to City -provided Network credentials, and unauthorized use or sharing of Network credentials. 8. LIABILITY AND INDEMNIFICATION. VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ALL DAMAGES THAT THE CITY MAY INCUR DIRECTLY ON ACCOUNT OF ANY BREACH OF THIS AGREEMENT BY VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DAMAGES THAT VENDORMAY INCUR AS A RESULT OF THE CITY'S RESTRICTIONS TO OR DENIAL OF ACCESS TO VENDOR'S DATA ON ACCOUNT OF ANY BREACH OF THIS AGREEMENT BY VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, OR FOR ANY REASONABLE SECURITY MEASURES TAKEN BY THE CITY. IN ADDITION, VENDORSHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, 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 VENDOR, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES. VENDOR, AT VENDOR'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 VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 9. Confidential Information. Vendor, for itself and its officers, agents, employees, and representatives, 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. Vendor 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. Vendor shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. 10. Right to Audit. Vendor agrees that the City shall, during the initial term, any renewal terms, and until the expiration of three (3) years after termination or expiration of this contract, 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 Vendor involving transactions relating to this Agreement. Vendor agrees that the City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in Network Access Agreement (Rev. 8/28/19) Page 2 of 4 compliance with the provisions of this section. The City shall give Vendor reasonable advance notice of intended audits. Vendor 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, any renewal terms, 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. 11. Agreement Cumulative. This Agreement is cumulative of and in addition to any written contracts, agreements, understandings or acknowledgments with the City signed by Vendor. This Agreement and any other documents incorporated herein by reference constitute the entire understanding and Agreement between the City and Vendor as to the matters contained herein regarding Vendor's access to and use of the City's Network. 12. 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 Vendor. 13. Assignment. Vendor may not assign or in any way transfer any of its interest in this Agreement. Any attempted assignment or transfer of all or any part hereof shall be null and void. 14. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 15. Force Maieure. Each parry shall exercise its best efforts to meet its respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 16. Governing Law / Venue. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 17. Signature Authoritv. By affixing a signature below, the person signing this Agreement hereby warrants that he/she has the legal authority to bind the respective party to the terms and conditions in this agreement and 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. [Signature Page Follows] Network Access Agreement (Rev. 8/28/19) Page 3 of 4 [Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED AND AGREED:] City: By: Valerie Washington (Ju(17, 202313:10 CDT) Name: Valerie Washington Title: Assistant City Manager Date: Jul 17, 2023 RJN Group, Inc. Digitally signed by By: Javier Valdez Name: Locaiion: Drtlas accuracy -daVle�/aWeZ aReason: I attest to the accuracy and integrity of this document Date: Date: 2023.07.13 14:28:34-05'00' CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: By: _ Name: Kevin Gunn Title: Director, IT Solutions Approved as to Form and Legality By: Name: Taylor Paris Title: Assistant City Attorney Contract Authorization: M&C: 22-0275 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Cynthi yree(Ju114,202310:14CDT) Name: Cynthia Tyree Title: Assistant Director- IT Finance City Secretary: 4.p'09UOgn� a fORp ca p �`°° 9rldd Ov8 °=d i Oaa� nEoa g4,o.0- By: Name: Jannette Goodall Title: City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Network Access Agreement (Rev. 8/28/19) Page 4 of 4 M&C Review Page 1 of 3 ACITY COUNCIL AGEND Create New From This M&C DATE: 4/12/2022 REFERENCE NO.: **M&C 22-0275 LOG NAME: CODE: C TYPE: CONSENT PUBLIC HEARING: Official site of the City of Fort Worth, Texas Fob H 20SWM IN- HOUSE CCTV NO SUBJECT: (ALL) Authorize Execution of an Engineering Agreement with RJN Group, Inc., in an Amount Not to Exceed $250,000.00 to Support the City of Fort Worth's Storm Drain Rehabilitation Program In -House Closed -Circuit Television Project with Up to Three Renewals and a Maximum Contract Duration of Five Years, Adopt Attached Appropriation Ordinance and Amend the Fiscal Years 2022-2026 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of an engineering agreement with RJN Group, Inc., in an amount not to exceed $250,000.00 to support the City of Fort Worth's Storm Drain Rehabilitation Program In - House Closed -Circuit Television project (City Project No. 103963) with up to three renewals at the City of Fort Worth's sole option and a maximum contract duration of five years; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Stormwater Capital Fund in the amount of $250,000.00, from available funds, for the purpose of funding the City of Fort Worth's Storm Drain Pipe Rehab project (City Project No. P00114); and, decreasing estimated receipts and appropriations in the Unspecified project (City Project No. UNSPEC) by the same amount; and 3. Amend the Fiscal Years 2022-2026 Capital Improvement Program. DISCUSSION: Approval of this Mayor and Council Communication will authorize execution of an engineering agreement in an amount not to exceed $250,000.00 to assist the City of Fort Worth (City) in the implementation of the Stormwater Management Program's Storm Drain Rehabilitation Program In -House Closed -Circuit Television (CCTV) project by providing the following: training to use the equipment and software; assisting staff with pipe evaluations to identify and prioritize corrective rehab measures; reviewing and performing QA/QC of data; and, development of processes and protocols needed for a self-sufficient In -House Program for our Storm Drain Rehabilitation Program. The development of a Storm Drain Rehabilitation Program is a Level 1 Priority, Key Initiative included in the 2018 Council adopted Stormwater Management Program Master Plan. Storm drain rehabilitation is one of the Stormwater Management Program's top priorities due to the life safety risk that can happen when deteriorating storm drain pipe creates sinkholes. From a Request for Qualifications (RFQ) for storm water management professional and engineering services dated July 29, 2021 and August 5, 2021, RJN Group, Inc., was selected as the most qualified consultant for this work based on published selection criteria and their submitted specific proposal to provide pipe assessment and condition program services.??RJN Group, Inc. proposes to perform the scope of work for this contract for a not -to -exceed fee of $250,000.00.??The City will issue individual task orders to authorize the consultant to perform work under this agreement until such time as the contract funds have been expended.?The City, at its sole option, may renew this contract three times under the same terms and conditions. ??Staff considers the fee to be fair and reasonable for the anticipated services to be performed. http://apps.cfwnet.org/council_packet/mc review.asp?ID=29829&councildate=4/12/2022 7/13/2023 M&C Review Page 2 of 3 This contract will not result in any additional annual operating cost for the Transportation and Public Works (TPW) Stormwater Management Division. The funding was included in the FY2022-2026 Capital Improvement Program for project P00114. In order to administratively track the spending of all funding sources in one project, appropriation ordinances are needed to appropriate additional funds into the programmable project to jointly funded future Stormdrain Pipe Rehab child projects. The action in this M&C will amend the Fiscal Year 2022 Adopted Budget as approved in connection with Ordinance 25073-09-2021, Section 6, as listed on page 27. Capital Fund Name 52002- Stormwater Capital Project Project FY2022 CIP Budget Change Revised FY2022 Name appropriations Authority (Increase/Decrease) Budget P00114- Stormdrain Pipe Rehab $1,600,000.00 This M&C $250,000.00 $1,850,000.00 M/WBE Office — A waiver of the goal for Business Equity subcontracting requirement has been approved by the Department of Diversity and Inclusion -Business Equity Division, in accordance with the Business Equity Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. This project is located in ALL COUNCIL DISTRICTS FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Stormwater Capital Projects Fund for the Storm Drain Rehabilitation Program In House CCTV project and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the Stormwater Capital Projects Fund for future identified task order projects related to the Stormdrain Pipe Rehab programmable project to support the approval of the above recommendation and execution of the engineering agreement. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for Citv Manaqer's Office bv: Dana Burghdoff (8018) Oriqinatinq Department Head: William Johnson (7801) Additional Information Contact: Greg Simmons (7862) http://apps.cfwnet.org/council_packet/mc review.asp?ID=29829&councildate=4/12/2O22 7/13/2023 M&C Review Page 3 of 3 ATTACHMENTS 20SWM IN-HOUSE CCTV Funds Availabilitv.r)df (CFW Internal) 20SWM IN-HOUSE CCTV 52002 AO22(r2).docx (Public) 20SWM IN-HOUSE CCTV P00114 Proqrammable Proi Bud Summarv.Ddf (CFW Internal) 20SWM IN-HOUSE CCTV Updated FID table.xlsx (CFW Internal) Form 1295 Certificate 100874808.Ddf (CFW Internal) RJN Group SAM-2022.Ddf (CFW Internal) Waiver SWS-092 In -House CCTV 012122.Ddf (CFW Internal) http://apps.cfwnet.org/council_packet/mc review.asp?ID=29829&councildate=4/12/2022 7/13/2023