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HomeMy WebLinkAboutContract 41298 (2)CITY SECRETARY CONTRACT Mr ?, r__ 3--es aq NETWORK ACCESS AGREEMENT This NETWORK ACCESS AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"). a home rule municipal 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 TELESTE LLC with its principal location at 1911 N. Austin Avenue, Suite 404, Georgetown, Texas 78626, ("Contractor"). 1. The Network The City owns and operates a computing environment and network (collectively the "Network"). Contractor wishes to access the City's network in order to provide maintenance and support services in accordance with the purchased Service Level Agreement (SLA) for the VMX system. In order to provide the necessary support, Contractor needs access to Teleste VMX video management system. 2. Grant of Limited Access. Contractor is hereby granted a limited right of access to the City's Network for the sole purpose of providing maintenance and support services for the Teleste provided VMX video management system. Such access is granted subject 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 applicable provisions are hereby incorporated by reference and made a part of this Agreement for all purposes herein and are available upon request. 3. 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 will automatically expire one (1) year from the date of this Agreement. If this 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 Services are being provided in accordance with City Secretary Contract No. PO-11-00063829. 4. Renewal. At the end of the first year and each year thereafter, this Agreement may be renewed annually if the following conditions are met: 4.1 Contracted services have not been completed. 4.2 Contracted services have not been terminated. 4.3 Within the thirty (30) days prior to the scheduled annual expiration of this Agreement, the Contractor has provided the City with a current list of its officers, agents, servants, employees or representatives requiring Network credentials. N otwithstanding 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 N etwork credentials 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 n ot share the City -assigned 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, servants, e mployees 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 the Agreement, and pursue any other remedies that the City may have under this Agreement or at law or in equity. 6. 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 notice, and without penalty to the City. Upon termination of this Agreement, Contractor agrees to remove entirely any client or communications Vendor Network Access Agreement 12-28-1 AO9' 1Q IN OFFICiat RECORD i `'1iisMETARY Ft WORTH; TX software provided by the City from all computing equipment used and owned by the Contractor, its officers, agents, servants, employees and/or representatives to access the City's Network, 7. Information Security. 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 unauthorized disclosure and use. Contractor agrees to notify the City immediately upon discovery of a breach or threat of breach which 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 resignation of officers, agents, servants, employees or representatives with access to City -provided Network credentialsand 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 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 S HALL 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, S ERVANTS ANDIOR EMPLOYEES. CONTRACTOR, AT CONTRACTOR'S 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 N EGLIGENT ACT(S) OR OMISSIONS) OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 9. Confidential Information. Contractor, for itself and its officers, agents, employees, and representatives, agrees that it shall treat all information provided to it by the City as confidential and shall n ot disclose any such information to a third party without the prior written approval of the City. Contractor further agrees that it shall store and maintain City Information in a secure manner and shall not allow u nauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Contractor shall notify the City immediately if the security or integrity 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 expiration of three (3) years after termination or expiration of this contract, 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 the Contractor involving transactions relating to this Agreement. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions 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 that the 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 further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. Vendor Network Access Agreement TELESTE LLC Rev. 12 / 10 r2009 11. Agreement Cumulative. This Agreement is cumulative of and in addition to any written 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 Contractor as to the matters contained herein regarding Contractor's access to and 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. 13. 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. Severability, 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 Majeure. 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 / 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 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. 17, Signature Authority. 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. ACCEPTED AND AGREED: CITY OF F • RT WORTH: By: ACM Name Assistant City M Hager Date: / o'��o� �/�0 ATTEST By: theuttA,1 .Marty Hendrix City Secretary APPROVED.A 4/0 FOR & ND Assistant City attorney M & C: none required Vendor Network Access Agreement TELESTE LLC CONTRACTOR NAME: By: Cosa— + am e: C °Awe Title: V P 7cc.!STE LLt Date: /V 32//o ATTEST: .00 46.C$fr' Ris 112) Jf h a n 00 0 OS% O pitrj 00 eta kip 0 3 OFFICIAL RECORD CITY SECRETARY Page 1 of 4 FORT WORTH CITE L :0 Fr: w• TH Purchase Order V E N D O R Vendor Number: 0000032669 TELESTE LLC 1911 N AUSTIN AVE STE 404 GEORGETOWN, TX 78626 INVOICES: Direct invoices in DUPLICATE to the address shown. STANDARD PURCHASING TERMS AND CONDITIONS set forth in the City of Fort Worth's Bid or Quotation, are incorporated herein by reference and become a part of this order. P.O. DATE: 12/17/2010 Purchase Order Number PO 11E200063829 SHOW THIS NUMBER ON ALL PACKAGES, INVOICES AND SHIPPING PAPERS. S H 1 P T 0 B 1 L L T 0 TRANSPORTATION & PUBLIC WORKS TPW - TRAFFIC SERVICES 5001 JAMES AVE FORT WORTH, TX 76115 Phone: MAIL INVOICE IN DUPLICATE TO: TRANSPORTATION & PUBLIC WORKS TPW - TRAFFIC SERVICES 5001 JAMES AVE FORT WORTH, TX 76115 Phone: Account Code: GG01-523070-0204004 Bid No.: 11-0019 Item Class -Item Payment Terms: Shipping Terms: Net 30 Destination, Prepaid & Allowed Delivery Calendar Day(s) A.R.O.: 0 Requisition Quantity Unit Unit Price Total 27 1 2 Purchase Agreement approved by City Council December 14, 2010, for a Teleste Video Management System for the Transportation and Public Works Department, using the State of Texas Department of Information Resources Contract Number, DIR-SDD-1 566. Reference Teleste LLC Quotation Numbers 10100501 JR & 10100502 JR, dated November 6, 2010. Project Name: ITS Video Monitoring System Class -Item 204-20 VS2301-100-5.0 VMX Monitoring Server, Suite 5.0, 100 video streams 1 26,420.00 26,420.00 VMX Server, 19" 2U rack mount, Windows 2008 server, redundant PSU LN/FY/Account Code 1/11 /0001-523070-0204004 Dollar Amount $13,219.50 Class -Item 204-20 VS3301-050-5.0 VMX Monitoring and Recording Server, Suite 5.0, 50 video streams and 50 recording loops 1 24,420.00 24,420.00 VMX Server, 19" 2U rack mount, Windows 2008 server, redundant PSU LN/FY/Account Code 2/11 /0001-523070-0204004 Dollar Amount $11,903.50 Class -Item 204-20 3 VN1504-5.0--VMX NVR, Suite 5.0 19" 2U rack mount, Win 2008 Server, RAID, 12TB (12x 1TB HDD) built-in storage, redundant PSU LN/FY/Account Code 3/11 /GG01-523070-0204004 Dollar Amount $9,144.80 1 1 1 EA EA EA $13,219.50 $11,903.50 $9,144.80 $13,219.50 $11,903.50 $9,144.80 Class -Item 204-20 4 VV1902-16-5.0 • VMX Video Wall, Suite 5.0, Video Wall Application for 16 decoding channels 4 5,059.00 20,236.00 VMX Workstation with 4x Monitor O/P, Win7 OS on HDD 5 LN/FY/Account Code Dollar Amount 4/11/GG01-523070-0204004 $12,703.60 Class -Item 204-20 VJ1301-5.0 VMX JPEG Gateway, Suite 5.0 1 10,945.00 10,945.00 VMX Server, 19" 2U rack mount, redundant PSU LN/FY/Account Code Dollar Amount 5/11/GG01-523070-0204004 $6,625.50 Class -Item 204-20 6 VU1301-5.0 VMX Unicast-Multicast Gateway, Suite 5.0 1 10,945.00 10,945.00 VMX Server, 19" 2U rack mount, redundant PSU (Up to 50 streams) LN/FY/Account Code Dollar Amount 6/11/GG01-523070-0204004 $6,625.50 Class -Item 204-20 7 VW1301-40-5.0 VMX Web Server, Suite 5.0, 40 concurrent Web Client connections 1 13,030.00 13,030.00 VMX Server, 19" 2U rack mount, redundant PSU (requires separate stream reflector) LN/FY/Account Code Dollar Amount 7/11/GG01-523070-0204004 $7,626.50 Class -Item 204-20 8 VM1301-5.0 VMX Stream Reflector, Suite 5.0 3 6,600.00 19,800.00 VMX Server, 19" 2U rack mount, redundant PSU LN/FY/Account Code Dollar Amount 8/11/GG01-523070-0204004 $10,752.00 Class -Item 204-20 9 330-5782 Fixed Rack Equipment Shelf 4 172.00 688.00 For rack mounting W1902-16 VMX Video Wall Receiver LN/FY/Account Code Dollar Amount 9/11/GG01-523070-0204004 $372.40 Class -Item 204-20 10 Cisco 877-K9VPN VPN Router For remote management LN/FY/Account Code Dollar Amount 10/11/GG01-523070-0204004 $648.20 Class -Item 204 20 11 MPX E8CO-FTR-X-E1 8 Channel Encoder (8*2CIF / 4*4CIF) - MPEG-4 / MJPEG 2*Audio, 3*Da a, 2*100Base-Tx, 19" wide, 1U high LN/FY/Account Code Dollar Amount 11/11/GG01-523070-0204004 $5,663.00 Class -Item 204-20 12 MPC E1JD-FTRXXX-X-E1 1 Channel Encoder (1*4CIF) - MPEG-4 / MJPEG 8 1,120.00 8,960.00 2*Audio, 2*Data, 1*CC, 100Base-Tx 4 1 1 1 3 4 1 2 8 EA EA EA EA EA EA EA EA EA $3,175.90 $6,625.50 $6,625.50 $7,626.50 $3,584.00 $93.10 $648.20 $2,831.50 $784.00 Page 2 of 4 $12,703.60 $6,625.50 $6,625.50 $7,626.50 $10,752.00 $372.40 $648.20 $5,663.00 $6,272.00 Page 3 of 4 LN/FY/Account Code Dollar Amount 12/11/GG01-523070-0204004 $6,272.00 Class -Item 204-20 13 CPS243 Power supply for MPX devices 10 105.00 1 050.00 115 VAC / 12VDC 3.3 Al USA 14 LN/FY/Account Code Dollar Amount 13/11/GG01-523070-0204004 $735.00 Class -Item 204 20 CIC504 Management cable 10 15.00 150.00 RJ-45 ? D9, 2.0 m LN/FY/Account Code Dollar Amount 14/11/GG01-523070-0204004 $105.00 Class -Item 204-20 15 INT001 Camera integration 1 15,000.00 15,000.00 Cohu 3960HD LN/FY/Account Code Dollar Amount 15/1 1/GG01-523070-0204004 $13, 500.00 Class -Item 204 20 16 CON001 Factory Configuration LN/FY/Account Code Dollar Amount 16/11/GG01-523070-0204004 $3,975.75 Class -Item 204-20 17 TRA001 Operator training LN/FY/Account Code Dollar Amount 17/11/GG01-523070-0204004 $5,700.00 Class -Item 204 20 18 TRA002. Administrator training LN/FY/Account Code Dollar Amount 18/11/GG01-523070-0204004 $2,850.00 Class -Item 204-20 19 SUP001 Service Level Agreement - 1 year, Includes VPN router for remote access. For system quoted herein LN/FY/Account Code Dollar Amount 19/11/GG01-523070-0204004 $48,942.00 Class -Item 204-20 20 SUP006 On site support LN/FY/Account Code Dollar Amount 20/11/GG01-523070-0204004 $6,650.00 Class -Item 204 20 21 Traveling Mileage 10 10 1 1 2 1 3 7 8 EA EA EA EA EA EA EA EA EA $73.50 $10.50 $13,500.00 $3,975.75 $2,850.00 $2,850.00 $16,314.00 $950.00 $165.00 $735.00 $105.00 $13,500.00 $3,975.75 $5,700.00 $2,850.00 $48,942.00 $6,650.00 $1,320.00 Page 4 of 4 22 23 24 25 26 LN/FY/Account Code Dollar Amount 21/11/GG01-523070-0204004 $1,320.00 Class -Item 204-20 Hotel LN/FY/Account Code Dollar Amount 22/11 /GG01-523070-0204004 $1,600.00 Class -Item 204-20 Perdiem LN/FY/Account Code Dollar Amount 23/11/GG01-523070-0204004 $896.00 Class -Item 204-20 This is a no charge item. LN/FY/Account Code Dollar Amount 24/11/GG01-523070-0204004 $0.00 Class -Item 208-20 XCL CXX-ASAAA-XX-EN VMX Client License Full Client Application - Software Only LN/FY/Account Code Dollar Amount 25/11/GG01-523070-0204004 $18,063.50 Class -Item 208-20 SUP001 Sevice Level Agreement - 1 year for VMX system qouted herein. LN/FY/Account Code Dollar Amount 26/11/GG01-523070-0204004 $7,741.50 8 16 1 13 3 EA EA EA EA EA $200.00 $56.00 $0.00 $1,389.50 $2,580.50 TOTAL: $1,600.00 $896.00 $0.00 $18,063.50 $7,741.50 $203,635.25 Rev. 20091027 APPROVED: By: Angela Gonzales Phone#: (817) 392 7648 BUYER