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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 International Business Machines Corporation, hereinafter ("Contractor"),
a New York corporation.
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"). Contractor wishes to have access to the City's network.
B. Contractor wishes to perform activities as defined in the Professional Services
Agreement for Technical Staff Augmentation Services and as provided for in City
Secretary Contract[ ]No. ( ], together
with any amendments, appendixes or future statement(s) of work.
C. In order to perform the necessary duties, Contractor needs access to the City's MAXIMO
and PeopleSoft applications and all applications and databases to which MAXIMO and
PeopleSoft interfaced with as well as any other applications and databases for which the
City may request troubleshooting or other technical staff augmentation services.
Contractor also requires access to City email and calendars, internet and intranet.
D. 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 providing technical staff augmentation services. Contractor can only enter the
Network via the City's computer system; therefore, the City will provide Contractor with a
password and access number or numbers as necessary to perform Contractor's duties.
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 those set
forth in Section B of this Agreement.
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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
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'S LIABILITY IS SUBJECT TO THE LIABILITY AND INDEMNIFICATION
(SECTION 8) AND THE LIMIITATION OF LIABILITY (SECTION 9) PROVISIONS SET FORTH
IN THE PROFESSIONAL SERVICES AGREEMENT.
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. To the extent that any
term or condition of this Agreement conflicts with any term or condition of City Secretary
Contract No. ( ], City Secretary Contract No. ( ]shall control.
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.
Ifs WITNESS WHER. I the parties hereto have executed this Agreement on this
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CIS OF` O T ORTH: INTERNATIONAL BUSINESS
MACHINES CORPORATI N:
By. ,• By:
arc Ott — Jo
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Assistant City Manager Partner, Public Sector
IBM Business Consulting Services
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Date: Date: Lzw 2q! 7 a,�—�
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APPROVED AS TO FORM AND LEGALITY:
By:
Assistant City Attorney
Date: I I)I lob—
Attested
By:
Alarty Hendrix
City Secretary
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EXHIBIT "A"
EXTRANET STANDARD
Overview
The purpose of this standard is to establish the requirements under which third party
organizations may connect to the City of Fort Worth networks for the purpose of transacting City
business. The standards listed are specific activities required by Section 2.2 of the City of Fort
Worth Information Security Policy.
Scope
Connections between third parties that require access to non-public City of Fort Worth
resources fall under this standard, regardless of whether a telecommunications circuit (such as
frame relay or ISDN) or Virtual Privacy Network (VPN) technology is used for the connection.
Connectivity to third parties such as the Internet Service Providers (ISPs) that provide Internet
access for the City of Fort Worth or to the Public Switched Telephone Network do not fall under
this standard.
Standard
Security Review
All new extranet connectivity will go through a security review with the City's Information
Security Department (IT Solutions). The reviews are to ensure that all access matches the
business requirements in a best possible way, and that the principle of least access is followed.
Third Party Connection Agreement
All new connection requests between third parties and the City of Fort Worth require that the
third party and the City of Fort Worth representatives agree to and sign a third party agreement.
This agreement must be signed by the Director of the sponsoring organization as well as a
representative from the third party who is legally empowered to sign on behalf of the third party.
The signed document is to be kept on file with IT Solutions. All documents pertaining to
connections into the City of Fort Worth labs are to be kept on file with IT Solutions.
Business Case
All production extranet connections must be accompanied by a valid business justification, in
writing, that is approved by a project manager in IT Solutions. Lab connections must be
approved by IT Solutions. Typically this function is handled as part of a third party agreement.
The sponsoring organization must designate a person to be the Point of Contact (POC) for the
Extranet connection. The POC acts on behalf of the sponsoring organization, and is responsible
for those portions of this policy and the third party agreement that pertain to it. In the event that
the POC changes, IT Solutions must be informed promptly.
Establishing Connectivity
Sponsoring organizations within the City of Fort Worth that wish to establish connectivity to a
third party are to file a new site request with IT Solutions to address security issues inherent in
the project. If the proposed connection is to terminate within a lab at the City of Fort Worth, the
sponsoring organization must engage IT Solutions. The sponsoring organization must provide
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full and complete information as to the nature of the proposed access to the extranet group and
IT Solutions, as requested.
All connectivity established must be based on the least-access principle, in accordance with the
approved business requirements and the security review. In no case will the City of Fort Worth
rely upon the third party to protect the City of Fort Worth's network or resources.
Modifying or Changing ConnectivitV and Access
All changes in access must be accompanied by a valid business justification, and are subject to
security review. Changes are to be implemented via corporate change management process.
The sponsoring organization is responsible for notifying IT Solutions when there is a material
change in their originally provided information so that security and connectivity evolve
accordingly.
Terminating Access
When access is no longer required, the sponsoring organization within the City of Fort Worth
must notify IT Solutions, which will then terminate the access. This may mean a modification of
existing permissions up to terminating the circuit, as appropriate. IT Solutions must conduct an
audit of their respective connections on an annual basis to ensure that all existing connections
are still needed, and that the access provided meets the needs of the connection. Connections
that are found to be deprecated, and/or are no longer being used to conduct the City of Fort
Worth business, will be terminated immediately. Should a security incident or a finding that a
circuit has been deprecated and is no longer being used to conduct the City of Fort Worth
business necessitate a modification of existing permissions, or termination of connectivity, IT
Solutions will notify the POC or the sponsoring organization of the change prior to taking any
action.
Definitions
Circuit For the purposes of this policy, circuit refers to the method of
network access, whether it's through traditional ISDN, Frame Relay
etc. or via VPN encryption technologies.
Sponsoring Organization The City of Fort Worth organization that requested that the third
party have access to the City of Fort Worth network.
Third Party A business that is not a formal or subsidiary part of the City of Fort
Worth.
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NUMBER
CERTIFICATE OF INSUR."NOE CERTIFICATE
`>.
100817
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS
UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS
CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
Marsh,Inc. POLICIES DESCRIBED HEREIN.
1166 Avenue of the Americas
New York,NY 10036 COMPANIES AFFORDING COVERAGE
Telephone(212)345-5000 COMPANY A: American Home Assurance Company
INSURED COMPANY B: National Union Fre Insurance Co.of Pittsburg,PA
International Business Machines Corp.
&Any Other Subsidiary Corp.Owned or Controlled by the Insured
Including IBM Credit Corporation
North Castle Drive
Armonk,NY 10504
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED
TO THE INSURED NAMED HEREIN FORR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIRMENTS,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE
AFFORDED BY THE POLICIES LISTED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY
PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MWDDIYY) DATE(MMIDDIYY)
A GENERAL LIABILITY RMGL 4806302 AS 5/21/2004 5/21/2005 GENERAL AGGREGATE $10,000,000.00
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPAGG $10,000,000.00
CLAIMS MADE FV-1
OCCUR PERSONAL&ADV INJURY $10,000,000.00
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $10,000,000.00
- FIRE DAMAGE(Any one fire) $10,000,000.00
MED EXP(Any one person) $25,000,00
A AUTOMOBILE LIABILITY RMCA 5189020 VA 5/21/2004 5/21/2005 COMBINED SINGLE LIMIT
$10,000,000.00
A X ANY AUTO RMCA 5189022 AOS 5/21/2004 5/21/2005
A ALLOWED BODILY INJURY(Per(RMCA 5189019 TX 5/21/2004 5/21/2005 person)
A RMCA 5189021 MA 5/21/2004 5/21/2005
SCHEDULED AUTOS
HIRED AUTOS BODILY INJURY(Per accident)
NON-OWNED AUTOS
PROPERTY DAMAGE
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT
ANY AUTO OTHER THAN AUTO ONLY
EACH ACCIDENT
AGGREGATE
EXCESS LIABILITY EACH OCCURRENCE
UMBRELLA FORM AGGREGATE
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND MRSATUTORY oTeeR P
EMPLOYERS'LIABILITY
EL EACH ACCIDENT
THE PROPRIETOR/
PARTNERSIEXECUTIVE INCL EL DISEASE-POLICY LIMIT
OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEI
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/SPECIAL ITEMS
Please see page 2 for additional insureds and any additional language.
CERTIFICATE HOLDER: CANCELLATION'
_
City Of Fort Worth,Purchasing SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION
1 OOO ThfOCI(mlOftOn St. DATE THEREOF,THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 30 DAYS
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH
Ft.Worth,TX 76102 NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER
AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES,OR THE ISSUER OF THIS
CERTIFICATE.
MARSH USA INC.
BY: Stephanie Loh
VALIDAS.0 4/99/2006
ADDITIONAL:INFORMATION CERTIFICATE NUMBER
_.
100817
PRODUCER COMPANIES AFFORDING COVERAGE
Marsh,Inc.
1166 Avenue of the Americas
New York,NY 10036
Telephone(212)345-5000
INSURED
International Business Machines Corp.
&Any Other Subsidiary Corp.Owned or Controlled by the Insured
Including IBM Credit Corporation
North Castle Drive
Armonk, NY 10504
TEXT
Project: Technical Staff Augmentation - Bid #05-0115
If there is a question regarding this certificate please contact Sarah Everett
(Email: severet@us.ibm.com Phone: 918-746-4916)
All operations incidental to the conduct of insured's business in the United States of America.
CERTIFICATE HOLDER
City of Fort Worth, Purchasing
1000 Throckmlorton St.
Ft.Worth,TX 76102
1 0( (.. ._
i..tS Jf VIJ�J1
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/17/2005
DATE: Tuesday, May 17, 2005
LOG NAME: 13P05-0115 REFERENCE NO.: **P-10153
SUBJECT:
Authorize a Purchase Agreement with EMA Inc., Vivare Inc. and IBM Corporation to Support the
Water Department's Information Systems
RECOMMENDATION:
It is recommended that the City Council
1. Authorize a purchase agreement with EMA Inc., Vivare Inc. and IBM Corporation to support the Water
Department's Information Systems; and
2. Authorize this agreement to begin May 18, 2005 and expire May 17, 2006, with options to renew for
two additional one-year periods.
DISCUSSION:
On August 12, 2003, (M&C C-19708) the City Council authorized the Water Department to implement a
series of strategic information technology systems. The implementation includes: the migration of paper-
based water and sewer data into the City's Geographic Information System. The implementation of a
Customer Relationship Management System to support customer service and billing operations and the
implementation of a Maintenance Management System that will help manage the life-cycle costs of the
Water Department's assets. The rollout of the first phase of the Customer Relationship Management and
Maintenance Management Systems is scheduled for June 2005. In lieu of hiring additional information
technology staff to support every function of the new systems, the Water Department has elected to
augment its internal IT staff with companies having established success supporting the aforementioned
systems. Task Orders will be issued to one or more of the vendors when their services are required. The
total expense to all three vendors will not exceed $200,000.00
BID ADVERTISEMENT - EMA Inc, IBM Corporation and Vivare Inc. are designated as Catalogue
Information Systems Vendors by the State of Texas. Under Section 271.083(c) of the Texas Local
Government Code. A local government satisfies otherwise applicable bidding requirements when it makes a
purchase through the Texas Building and Procurement Commission catalogue purchasing procedure. The
City will comply with that procedure for the purchase agreement authorized under this Mayor and Council
Communication.
BID TABULATION - See attachment.
M/WBE -A waiver of the goal for M/WBE subcontracting requirements is not required when making a
purchase from a Cooperative Purchasing Program.
RENEWAL OPTIONS -
This agreement may be renewed for up to two successive one-year terms at the City's option. This action
Logname: 13P05-0115 Pagel of 2
does not require specific City Council approval provided that the City Council has appropriated sufficient
funds to satisfy the City's obligations during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available, as appropriated, in the current operating budget of
the Water and Sewer Fund.
BQN\05-0115\WW
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office bv: Richard Zavala (Acting) (6183)
Originating Department Head: Jim Keyes (8517)
Additional Information Contact: Robert Combs (8357)
Logname: 13P05-0115 Page 2 of 2