HomeMy WebLinkAboutContract 43746-NA1 CITY SECRETARY
NETWORK ACCESS AGREEMENT CONTRACT NO.
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'This NETWORK ACCESS AGREEMENT' ("'Agreement") is made and entered into by and
between the CITY OF FORT WORTH ("City""), a home rule munici�pa�l corporation with its principal
location at 1000 Throckmorton Street, Fort Worth�, Texas 76102, organized under the laws of the State of
Texas and situated in portions of Tarrant, Denton and Wise Counties, Texas, and 360 Clarulis, LLC with
its principallocation at 4660 Cedarvi�e�w Dr., Fort Worth, Texas 761123, ("Contractor'"i
T'h�e Network. The City owns and operates a, computing environment and network (collectively
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the ""Network"'). Contractor wishes to access the City"s network in, order to provide Stormwater Program
Management assistance. In order to provide the necessary support, Contractor needs access to Internet,
Intranet, network drives, GIS data, and storage for the,Stormwater Program management activities.
2. Grant of LI'mited Access. Contractor is hereby granted a limited' right of access to the City's
Network for the sole purpose of'providing Stormwater Program Management assistance. Such access is
granted subilect 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,
applicabile provisions, are hereby iincorporated by reference and made a part of this Agreenilent for all
purposes herein and are available upon request'.
31. Network Credentials. The City will provide Contractor with Network Credentials consisting of
user IDs and passwords unique to each individual requiring Network access on behalf of the Contractor.
Access rights wi�l�l automatically expire one(1) year from the date of this Agreement. If th�is 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. This A,g,reemen�t will be associated'with the Services designated below.
Services a:re being provided in accordance with City Secretary,Contract No. 43746-R1.
Services are being prov,ided in accorda:nice with City of Fort Worth Purchase Order No.
0 Services, are being, provided in accordance with the Agreement to which this Access Agreement
is attached.
No services are being provided pursuant to this Agreement.
4. Renewal. At the end of the first,yea�r and each year thereafter, 'this Agreement may be, renewed
annually if the fol�lowin,g conditions are met,
4.1 Contracted services have not been completed.,
4.2 Contracted services have not been terminated.
4.3 With�in the th�irty (30), days prior to the scheduled annua�l expiration of this Agreement, the
Contractor has provided the City with a current list of its officers, agents, servantsl employees or
representatives requiring Network credentials.
Notwithstanding the scheduled contract expiration or the status of completion of services, Contractor shall
provide the City with a current list of officers, agents, servants, employees or representatives that require
Network credientials 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., Contractor officers, agents, servants, employees or representatives may
not share the, City-ass,igned user IDs and passwords. 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. A breach by Contractor, its officers, agents, servanits,
employees or representatives, 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, terminate,,,fhe Agreement, and pursue any other
remedies that the City may have under this B'greLsff law or in, equity.
OFFICIAL REP-11,WIR
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a. 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 n�otice, and without penalty to the Cilty'.
Upon termination of this, Agreement, Contractor agreesto remove entirely any client or communications
software provided by the City, from all computing equipment used and owned by the Contractor,1 its
officers, agents, servan�ts, employees and/or representatives to access,the City's Network.
7. Information Se Contractor 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 ulnauthorized disclosure and use. Contractor agrees to notify the City immediately upon discovery of
a breach or threat of breach whlich: could compromise the integrity of the City s Network, including but not
limited to, theft of Contractor-owned equipment that, contains City-provided access software, termination
,or res,ignation 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. 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 CITTS RESTRICTIONS
TO OR DENIAL OF ACCESS TO CONTRACTOR"S, DATA 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/O,R 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 CONTRACTOR,, ITS OFFICERS, AGENTS,
SERVANTS ANDJOR EMPLOYEES. CONTRACTORY AT CONTRACTORYS 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 OM�ISSION(S) OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS
OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
9. Confidential Informafion. Contractor, for itself and its officers, agents, employees, and
1.
representatives,, agrees,that, it sha!ll treat all information provided to, it by the City as confidential and shall
not disclose any such information to a third party without the, pr,ior written approval of the City. Contractor
further agrees that it shall store and maintain City Information in a secure manneir and shall not a,llow
unauithorized users to access, modify, delete or otherwise corrupt City Information, in any way. Contractor
shall notify the City immediately if the security or, i'ntegr,ity of any City information has been compromised
or is believed to have been compromised.
10. Right to Audit. Contractor agrees that the City shall, during the initial term, any renewal terms,
and until the exp:iration of three (3) years after termination or exp:i�rati�on of this contract, have access to
and the right to examine at reasonable times any d'irectly pertinent books, d�ata, documents, papers and
rec,ord�s, both hard' copy and electronic, of the Contractor involving transactions relating to this
Agreement. Contractor agrees that the City shall' have access during normal working holu�irs to all
necessary Contractor facilities and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provis,io,nis 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 thatthe 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 furtherthat City shall have access
during normal working hours, to al�l subcontractor facilities and' shall be provided adequate and
appropriate work space in order to conduct audits in compliance, with the, prolvis,ioins of this paragraph.
City shalll' give subcontractor reasonable notice of intended aud'its.
Vendor,Network Access Agreement 2
360 Clarus, LLC Rev. 08/24/2012
Agreement Cumullat*lve. This Agreement is cumulative of and in addition to any written
i
:
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 Con-tractor, as to the matters contained herein
regarding Contractor's access,to andl 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 Contractor.
131., Assignment. Contractor 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. Severaw illt 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 party 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 I 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 equi�ty, 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.
117. Sic signing this Agreement hereby
nature Authori By affixing a signature below, the person i i
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 TO FOLLO,Vq
Vendor Network Access Agreement 3
360 Clarus, LL C Rev. 08/24/2012
ACCEPTED AND AGREEM
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360 C lar 11s, LLB Rev.
V & Review
Official siite®f the City of Fort Worth,Texas
CITY COUNCIL AG�ENDA FoRTWORTH
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COUNCIL ACTION: Approved on 9/1812012
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DATE: 9f18/201'2 REFERENCE **c-25840 LOO NAME: OSWM MAST
�TEPLANNING
CODE: c TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT': Authorize Execution of any Agreernent with Brown & Gay Engineers, Inc., in the,Amiount of
6, 0,00:0.00 for Developmen�t,and' Implementation of a Stormwater Master Plan (ALL
COUNCIL, D Ii ST P I CTS)
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RECOMMENDATION:
It is recommended that the cite council authorize the, execution of an .Agreement with Brown & Gay
Engineers, Inc., in the amount of'$650,000.010, for assistance with the Dievel!opment and
Implementation of a Stormwater Iast�er Pla,n�, including three optional renewals, subject to available
funds.
DISCUSSION:
This contract grill assist with the development of a city-pride, Stormwater Master Plan that vwrill provide
strategic guidance in the priioritizaion of future drainage studiies and capital improvement projects to
maximize effectiveness in reducing flood conditions and maintaining public safety. It its expected that
the ultimate Stormwater Faster Plan will be developed in phases utilizing various consulting entities
over a 10-20 year time-frame yielding an overall strategic review and implementatiion of projects to
alleviate flooding throughout the city.. Since the inception of the Stormwater Utility in 20106, the moist
immediate drainage problems in the City have been addressed individually used on more visible and
historic flooding events. After six years of program deployment in this manner, a moire comprehensive
and strategic assessment of all drainage basins in the City is needed) to ensulre the optimal use of
Stormwater Utility operating and capital funding going forward.
The Stormwater Master Plan is designed to systematically identify drainage deficiencies throughout the
City, evaluate strategies for flood mitigation, develop specific feasible alnd cost-efffective solutions, and
provide prioritized projects for construction under the Stormw,ater Capital Improvement Project
program. Work accomlplished under this contract will include a city- ridie assessment of storm drain
capacities and the development of standards, parameters and criteria for individual detained studies to
more effectiivel prioritize future stormwater projects, as well as greater guidance in evaluating feasible
solutions and balancing project. costs and functional effectiveness. Resultant projects will be designed
and constructed through separate contracts.
A F equest for Qualifications (R for this contract was published l in the Fort Worth tar-Tele ram in
November, 2011. Eight consultants responded, Brown & Gay Engineers, Inc., was selected as the
moist+qualified consultant. Brown & Garr Engineers, Inc., proposes to perform the scope of work for
this contract on a time and materials basis for a not-to-exceed fee of$ 50,000.00,. The contract also
includes a provision for the City to, exercise an opitiion for three additional renewals to manage the
implementation of the individual studies which will comprise the Stormwater Faster Plan. Staff
considers this fee to be fair and reasonable for the scope of services provided.
Brown & Garr Engineers, Inc., is in compliance with the city's MJWBE Ordinance by committing to 16
percent MANBE participation. The ciity's goal for this project is 16 percent.
This master planning work is located in ALL COUNCIL DISTRICTS.
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a.cket/mc rcvicw.,asp?1D 17197&counc 1da.te--9/18/201 3/1 /2014
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FISCAL INFORMAOnONICEIRTIFICATION:
The Financial Management Services Directo�r certifies thiait funds are available in the current operating
budget, as appropriated, of the, Storm�water Utility Fund.
TO Fund/Account/Centers FROM F'und/A,ccount/Centers
PE691 5131200 020Q12D2 $6501000-00
.......... .......... .............
Submitted for C*0 Ma,naner's, Office by: Fern,ando Costa (6122)
Origin,atl[ng Department Head: Douglas W. Wiersig (7'801)
Addifilonal Information Contact: Steven Eubanks (7857)
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ATITACHMEN�T'S
http-,Happs.cfwnet.org/cou.ncil_packet/mc—revj',,e,w.asp.?ID=I 7197&co'uiiciIdate=9/18/2012 31/18/20,14