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Home My WebLink AboutContract 45358 m CITY MIVA RAW DATA SHARE CONMCT Not Y)DLf,16 AND CONFIDENTIALITY AGICEEME lid" This Share and Confidentiality Agreement("Agree is entered into between the City of Fort Worth (''Fort Worth"), a Texas home rule municipality with principal offices located at 1000 Throokmorton Street, Fort Wolrthi, Texas, 76102, and Kaufman County ("Jurisdiction"'), a Texas County with principal offices located at 100 W. Mulberry St. Kaufman, Texas 75142, sometimes referred to heroin as "I'Partyl'" or the",Parties." R ECIT LS Whereas, the Parties desire to more effectively plan for the services required by the, residents of Fort Worth and Kaufman County who, would need special assistance in the event of an emergency or a. disaster; and Whereas, Fort ''"worth provides a program whore individuals with special needs who reside in Kaufman County may access a web based portal database (known as "'Special deeds Assistance Program") voluntarily to provide specific information as to, their special needs or disabilities for the purpose of assistance in an emergency or disaster; Whereas; in order to plan for and to administer these, services on a regional level, the Parties desire to share Special Needs Assistance Program data with each other; Whereas, Kaufman County will have access to sensitive and confidential information of'a personal nature for governmental purposes; Whereas, Fort Worth would not male such access available, to Kaufman County without Kaufman County's agreement to maintain confidential treatment of such information; Whereas, this Agreement is made under the authority of Sections 791.001 et. Seq., Texas Government Code, Whereas, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that Party; and Whereas, the Parties find that the, performance of this Agreement is in the common interest of Fort'"worth and Kaufman County, that the undertaking will benefit the public, and that the compensation set forth herein fairly compensates the performing, Party for the services to be performed under thin Agreement. Now therefore, in consideration of the mutual promises, agreements and covenants contained herein, the parties do hereby agree as follows: 1. Term. Unless otherwise terminated as sot forth herein, the term of this Agreement shall be a period of one 1 year from the date of execution ("Effective 'Date"), and,, if Kaufman County is not in default of any of its obligations under this Agreement, the Agreement shall automatically renew, annually for one-year periods. 2... Jurisdiction Access. Fort Worth shall provide Kaufman County with access to information provided by participants residing in Kaufman County who are in the Special feeds Assistance Program, as well as access to changes in information, including but not limited to participant additions, removals, and in activations. OFFICIAL RECORD City of Fort Worth I ]ERD L R CO C Y SNAP Data share Agreement CITY SECRETARY Page 1 of 5 10 THI TX TX FT WORTHs TX no J., Kes,triction,s on use �and Disclosure. 3.1 Kaufman County shall, not disclose or use any sensitive, personal, or confidential information received from the Special Needs Assistance Program or from Fort Worth that Kaufman County should reasonably know is sensitive or confidential ("Confidential Information). Kaufman County agrees,to treat Confidential Information as it would its own confidential information and to diisseminate it within its own organization only to the extent necessary for the purposes,for which it has been provided, and only to Kaufman County 11 S employees who are bound to maintain its confidentiality. 3.2 Such restrictions on use or disclosure of Confidential Information described in Paragraph 3.1 do not extend to any information which (i) is plubllicly known at the time of its disclosure (ii) is lawfully received from a third party not bound in a confidential relationship to Fort Worth (iii) is published or otherwise made; known to the public by Fort Worth (iv) is independently developed by Kaufman County without using Confidential Information of Worth or(v) is required to be disclosed pursuant to a court order, duly, authorized subpoena, or other governmental or legislative authority. In such cases, notice must be provided to Fort Worth upon such disclosure. 3.3 Upon termination or expiration of this Agreement, or in the event Fort Worth reasonably determines that Kaufman County is in breach of its duties or obligations under this Agreement, and upon written request by Fort, Worth,, Kaufman County shall return all information received, with a letter confirming that the Confidential Information has in no way been compromised, reproduced or copied beyond that which is allowed by this Agreement, and that all copies have been returned. 3.,4 Th,is Agreement specifically prohibits Kaufman County from granting any access to the Confidential Information or any information compiled by Kaufman County using, the Confidential Information to any third party without the express written consent, of Fort Worth, unless so required to provide the Confidential Information under federal, or state law. Kaufman County is solely responsible for protecting access to Confidential Information against any third party while the information is in the possession of Kaufman County or the third, party. 3.5 Kaufman County shall not distribute or allow unauthorized access to, any Confidential Information in any form that was in all or partly derived from the Special Needs Assistance Program. Kaufman County shall store all Confidential Information in a secure manner and shall not allow unauthorized users to view, access, modify, delete or otherwise corrupt Fort Worth Information in any way. Kaufman County shall notify Fort Worth immediately if the security or integr,ity of any Confidential Information has been compromised or is believed to have been compromised. 4. Compensatlion., Kaufman County shall pay Fort Worth an annual amount not to exceed, $1.00 for use of the Special Needs Assistance Program pursuant to this Agreement. 5. Accuracy of Confidential Information. Fort Worth makes no warranty as to the veracity or accuracy of the Confidential, information or any information in the Special Needs Assessment Program. Kaufman County acknowledges that the Special Needs Assessment Program is a voluntary program and that all information, is provided by the individuals residing in Kaufman County, not by Fort Worth, and Fort Worth, has no duty to determine the accuracy, or veracity of any information in the Special Needs Assessment Program,., 6. . lliicablle Laws. All information shared between the parties,will be transferred, maintained and stored in accordance with all applicable federal and state laws governing the transfer and/or City of Fort Worth SNAP Data Share Agreement Page 2 of 5 .................................... ...... disclosure of personal' information, including but not limited to, Chapter 552 of the Texas Government Code, the Texas Medical Practices Act, the Americans with Disabilities Act, and any applicable federal, state or local laws, rules, regulations and ordinances. 7. LIABILITY. It is expressly understood and agreed that in the execution of this Agreement, no party waives nor, shall be, deemed hereby to waive any ,immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. Each party agrees to be liable for any damages or loss, that may be caused by its own negligence, omission, or intentional misconduct. The term party shall include empiloyees officers, agents,: representatives, and volunteers of Kaufman County or Fort Worth. 8. Terminafion. Termination of access to the information provided pursuant to this Agreement shall only be au�thorized if there is a change in the Special Needs Assistance Program or in the event-thait Kaufman County does not fulfill its duties and obiligations herein stated. 9. Assi*g.nment and Subco'ntragfilm. Neither Fort Worth nor Kaufman County will assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the other, party. 10. Notices. Notices required pursuant to the provisions of this Agreement shall be conclusively deterrmined to have been delivered when (1:) hand-delivered to the other party, its agents, employees,, servants or representatives,, (2) delivered, by facsimile, with electronic confirmation of the transmission, or (3) received by the other party by United States fail,l registered, return receipt requested,, addressed: as follows: To Fort Worth: To KAUFMAN COUNTY: City of Fort Worth Kaufman County Attn: Human Resources Director Attn: Emergency Management Director 1000 Throckmorton 100 v .. Mulberry St. Fort Worth, TX 76102-6311 Kaufman, TX 75142 11. Governaing, Law/Venue. This Agreement shall be construed in accordance with the internal 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. 12. Severabifli-ly. 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. 13. Relationship olf,the Parties. It is expressly understood that the employees, methods, facilities and equipment of Fort Worth shall at all times be under the exclusive Kaufman County, direction and control. It is understood that the employees, methods, facilities, and equipment of Kaufman County shall at all, times, be under Kaufman County's, exclusive Kaufman County, direction and control 14. Entire t A This Agreement including the schedule of exhibits attached y of.._Areement hereto, and any documents incorporated herein by reference, contains the entire understanding and agreement between Fort Worth and Kaufman County, their assigns and successors in interest, as to the matters contained herein., Any prior or contemporaneous oral or written agreement is hereby declared null, and void to the extent in conflict, with any provision of this Agreement. 5® Force Majeure. Fort Worth and Kaufman County shall exercise their best efforts to meet their respective duties and oblligations, 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 Gold, acts,of the public enemy, fires, strikes, lockouts,, natural city of Fort Worth SNAP Data Share Agreement Page 3 of 5 disasters, wars, riots, material or labor restrictions by any governme ntal: authority, transportation problems and/or any other similar causes. 16. No Waiver. The failure of Fort Worth, or Kaufman County, to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of Fort Worth's or Kaufman County is respective right to insist upon, appropriate performance or to assert any such right on any future occasion. [SI*gnature Page Follows] City of Fort.W oirth SNAP Data Share Agreement Page 4 of 5 FORT WORTH, OF N: COUNTY: CITY OF FORT WORTH COUNTY OF KAUFMAN el M. Higgins Bruce Wood City anager County Judge Date Date APPROVED AS TO FORM AND LEGALITY-. 'All /I TV211' Assistant City Attorney() Date loft 0 0 0 OFFICIAL RECORD FF I CORD] R Y CI,TY SECRETARY T % City of For Worth, FTm WORTH�TX SNAP Data Share Agreement Page 5 of 5