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Home My WebLink AboutContract 43752NETWORK ACCESS AGREERJ1FNT CITY SECRETARY CONTRACT P1O -4- ?f73 � - 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 Katherine Livingston, an individual with its principal location at 116 Copperwood Drive, Lakeside, TX 76108, ("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 professional services to the Parks and Community Services Department in connection with the implementation of Phase I of the Wallace Foundation Next Generation System Building Initiative Grant as described in Fort Worth City S ecretary Contract No. 43400. In order to provide the necessary support, Contractor needs access to network folder 1\fs1001PACS\SWR\Wallace Foundation. 2. Grant of Limited Access. Contractor is hereby granted a limited right of access to the City's N etwork for the sole purpose of providing professional services (including but not limited to assisting in service distribution map development, advisory group formation, vendor selection and engagement, annual report preparation and budgeting) associated with implementation of Phase I of the Wallace Foundation Next Generation System Building Initiative Grant as described in Fort Worth City Secretaty Contract No. 43400. 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. This Agreement will be associated with the Services designated below. S ervices are being provided in accordance with City Secretary Contract No. CSC43400. Services are being provided in accordance with City of Fort Worth Purchase Order No. Services are being provided in accordance with the Agreement to which this Access Agreement is attached. N o services are being provided pursuant to this Agreement. 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 not share the City -assigned user IDs and passwords. Contractor acknowledges, agrees and_here_12_ysivasesse, its authorization to the City to monitor Contractor's use of the City's Network -in--Order to ensure an Contractor's compliance with this Agreement. A breach by Contractor, its officer - ribiti ` , ` l9s9R CiTY SECRETARY Vendor Network Access Agreement FfivW%' '►,ry . 2TX 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. 11. Aareement 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 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 / 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. By affixing a signature below, the person signing this Agreement hereby 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 FOLLOW] Vendor Network Access Agreement 3 Katherine Livingston, an individual Rev. 08/24/2012 ACCFPTED AND AGREED: CITY FORT WORTH: By: ACM Name Assistant anager Date: +°91ty i i � ( Y ATTEST: By: r Mary J. Ka City Secretary By: I IY� Nee Assistant City Attorney M & C: i %o Y0 Q° . cis a° 00 APPROVED AS TO FORM A L AJ4I 'Qtitzh trA5t*cr °A 8 r CONTRACTOR NAME: By: Name: Title: Date: Avis Oar ‘1Zk 07A col' u 0 � d none reduired Name: Title: OFFICIAL RECORD CITY SECRETARY Ft WORTh, TX Vendor Network Access Agreement 4 Katherine Livingston, an individual Rev. 08/24/2012