HomeMy WebLinkAboutContract 26037 RY
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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 laws of the State of Texas and situated in portions of Tarrant and Denton
Counties, Texas, and Carter-Burgess ("Contractor").
The following statements are true and correct and form the basis of this Agreement:
A. The City owns and operates a file server computer system and network (collectively the
"Network").
B. The Fire Department has contracted with the Contractor to perform plan review services
for fire protection systems ("Plan Review Services") and the Contractor currently is
certified by the City's Fire Department as a third party organization to perform Plan
Review Services in the City.
C. The Fire Department has certain data associated with Plan Review Services ("Data") on
the City's Network and the Contractor requires access to the City's Network in order to
carry out Plan Review Services. The City is willing to grant Contractor access to the
Network, subject to the terms and conditions set forth in this Agreement.
NOW, THEREFORE,the City and Contractor hereby agree as follows:
1. GRANT OF LIMITED ACCESS.
Contractor is hereby granted a limited right to access the City's Network the sole purpose
of accessing Fire Department fire protection systems data pursuant to Contractor's Plan Review
Services. Because Contractor can enter the City's Network only through the City's computer
security systems, the City will provide Contractor with a password and sign on for said system.
2. NETWORK RESTRICTIONS.
2.1. Contractor may not share the password or sign on provided by the City except
with Contractor's officers, agents, servants or employees as may reasonably be required
pursuant to Contractor's Plan Review Services.
2.2. Contractor may not access the Network for any purpose other than performing
contracted services for the fire department.
2.3. Contractor acknowledges, agrees and hereby gives its authorization that the City
may monitor Contractor's use of the City's Network in order to ensure Contractor's
compliance with this Agreement.
2.4. If the City revokes Contractor's certification to perform Plan Review Services,
Contractor shall immediately cease its use of the City's Network.
2.5. 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 Fire Department fire protection systems Data in
addition to any other remedies that the City may have under this Agreement or at law.
2.6. The City may terminate this Agreement at any time and for any reason.
3. LIABILITY AND INDEMNIFICATION.
CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
DAMAGES THAT THE CITY MAYINCUR DIRECTLY ONACCOUNT OFANYBREACH
OF THIS AGREEMENT BY CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR
EMPLOYEES. THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES,
SHALL NOT BE LIABLE FOR ANYDAMAGES THAT CONTRACTOR MAYINCUR AS A
RESULT OF THE CITY'S RESTRICTIONS TO OR DENIAL OF ACCESS TO FIRE
DEPARTMENT FIRE PROTECTION SYSTEMS DATA ONACCOUNT OFANY BREACH
OF THIS AGREEMENT BY CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR
EMPLOYEES, OR FOR ANY REASONABLE SECURITY MEASURES TAKEN BY THE
CITY.
4. AGREEMENT CUMULATIVE.
This Agreement is cumulative of and in addition to any written contracts, agreements,
understandings or acknowledgments with the City signed by Contractor as to Contractor's
authorization by the City to perform plan Review Services.
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5. ENTIRE AGREEMENT.
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. 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.
Any prior or contemporaneous oral or written agreement is hereby declared null and void to the
extent in conflict with any provisions of this Agreement. The signature below of an authorized
representative acknowledges that the Contractor has read this Agreement and agrees to be bound
by terms and conditions set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
day of J OJ E , epoD
CITY OF FORT WORTH: CONTRACTOR:
Carter-Burgess
Name of Contractor
By: AC By: �/ 0/a,
Charles Boswell AuthorizWSignature
Assistant City Manager
Printed Name: Wwp�
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Title: V t C-c'r , (C 'PeyyT
ATTEST: ATTEST:
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By: aQBy:
City Secret
�Pr Pu6,u KATHY K L]LE
APPROVED AS TO FORM AND LEGALITY: * * JStateofTComm.E*.03
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ss1 t Ci or
M& C: none required
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