HomeMy WebLinkAboutContract 33533 05/16/2006 12:16 9724229867
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CITY SECRETARY
CONTRACT NO.
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, Denton and Wise
Counties, Texas, and AFFILIATED TELEPHONE INC. ("Contractor"), a Te _xascorporation.
The following statements are true and correct and form the basis of this Agreement:
WHEREAS:
A. The City owns and operates a file server computer system and network (collectively the
"Network").
B. Contractor wishes to access the City's network.
C. The Contractor wishes to access to,pro vde_maintenance to the Cit 's Sym onium
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system from a remote location. The City is willing to grant Contractor access to the
Network, subject to the terms and conditions set forth in this Agreement, and in the City's
standard outside connections policy, ("Extranet Standard") attached as Exhibit "A" and
hereby incorporated by reference and made a part of this Agreement for all purposes
herein.
NOW,THEREFORE,the City and Contractor hereby agree as follows:
1. GRANT OF LIMITED ACCESS.
Contractor is hereby granted a limited right of access to the City's Network for the sole
purpose of accessing providin_q mairitenanpe 2nd troublesh6ofina 6all ollot and web Client
CLAN IP address of the Cit 's Symposium s stem. The City will provide Contractor with a
password and access number or numbers as necessary.
2. NETWORK RESTRICTIONS.
2.1. Contractor may not share any passwords or access number or numbers provided
by the City except with Contractor's officers, agents, servants or employees who work
directly with this project.
2.2. Contractor may not access the Network for any purpose other than analyzing
Contractor's own Data.
2.3. 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.
2.4. 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
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Contractor access to the Network and Contractor's Data in addition to any other
remedies that the City may have under this Agreement or at law or in equity,
2.5. The City may terminate this Agreement at any time and for any reason.
3. 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 CITY'S
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/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 CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS AND/OR
EMPLOYEES, CONTRACTOR, AT CONTRACTOR'S OWN COST OR EXPENSE', HEREBY
AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS,
AGENTS, SERVANTS ANDIOR 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
CONTRACTOR, 17-S OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
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.
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. 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.
[Signature pages follow)
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vrESS WH RE F, the parties hereto have executed this Agreement on this
day of _ .
CITY OF FORT WORTH: AFFILIATED TELEPHONE INC.:
By; J(�� -
As stant City Manager 4utho�hzed Signature
Printed Name: : C�+Aer
Title: JQ
ATTEST: ATTEST:
By:0By:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
By;.
Assistant City Attomey
M & C: none required