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HomeMy WebLinkAboutContract 50394-NA1 Date Received: Jan 13, 2021 City Secretary 50394-NA1 Time Received: 9:46 am Contract No.: NETWORK ACCESS AGREEMENT 1. The Network. The City owns and operates a computing environment and network (collectively the "Network"). Consultant wishes to access the City's network in order to provide professional consulting services for the development, implementation, data migration and training to consolidate permitting processes for Planning and Development. In order to provide the necessary support, Consultant needs access to description of specific Network systems to which Consultant requires access to internet, intrrnet and Accela software. 2. Grant of Limited Access. Consultant is hereby granted a limited right of access to the City's Network for the sole purpose of providing development,implementation,data migration and training to consolidate permitting processes for Planning and Development. 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 Consultant 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. 3.1. ® Services are being provided in accordance with City Secretary Contract No. Contract No.; 50394 3.2. Services are being provided in accordance with City of Fort Worth purchase Order No. PO No.; 3.3. Services are being provided in accordance with the Agreement to which this Access Agreement is attached. 3.4. No 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;and 4.3. Within the thirty (30) days prior to the scheduled annual expiration of this Agreement, the Consultant has provided the City with a current list of its officers, agents, servants, employees or representatives requiring Network credentials. s[Cube]Inc. OFFICIAL RECORD Rev.9/2017 CITY SECRETARY FT. WORTH, TX Notwithstanding the scheduled contract expiration or the status of completion of services, Consultant shall provide the City with a current list of officers, agents, servants, employees or representatives that require Network 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. Consultant 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, employees or representatives, of this Agreement and any other written instructions or guidelines that the City provides to Consultant pursuant to this Agreement shall be grounds for the City immediately to deny Consultant 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. 5.1. Notice to Consultant Personnel — For purposes of this section, Consultant Personnel shall include all officers, agents, servants, employees, or representatives of Contractor. Consultant shall be responsible for specifically notifying all Consultant Personnel who will provide services to the City under this agreement of the following City requirements and restrictions regarding access to the City's Network: 5.1.1. Contractor shall be responsible for any City-owned equipment assigned to Consultant Personnel, and will immediately report the loss or theft of such equipment to the City; 5.1.2. Contractor, and/or Consultant Personnel, shall be prohibited from connecting personally-owned computer equipment to the City's Network; 5.1.3. Contractor Personnel shall protect City-issued passwords and shall not allow any third party to utilize their password and/or user ID to gain access to the City's Network; 5.1.4. Contractor Personnel shall not engage in prohibited or inappropriate use of Electronic Communications Resources as described in the City's Administrative Regulation D7; 5.1.5. Any document created by Consultant Personnel in accordance with this Agreement is considered the property of the City and is subject to applicable state regulations regarding public information; 5.1.6. Contractor Personnel shall not copy or duplicate electronic information for use on any non-City computer except as necessary to provide services pursuant to this Agreement; 5.1.7. All network activity may be monitored for any reason deemed necessary by the City; and 5.1.8. A Network user ID may be deactivated when the responsibilities of the Consultant Personnel no longer require Network access 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, Consultant agrees to remove entirely any s[Cube]Inc. Rev.9/2017 Page 2 of 4 client or communications 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. Consultant 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. Consultant 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 credentials, and unauthorized use or sharing of Network credentials. [SIGNATURES TO APPEAR ON FOLLOWING PAGE] s[Cube]Inc. Rev.9/2017 Page 3 of 4 ACCEPTED AND AGREED: CITY OF FORT WORTH: s[Cube] Inc.: 115444,8cr,�A�uJo Naileab San7uel By: Dana Burghdoff( n 11,20 16:51 CST) By: Haileab Samuel(Jan 8,202111:23 EST) Dana Burghdoff, Asst. City Manager Haileab Samuel, Chief Executive Officer City of Fort Worth s[Cube] Inc. Date: Jan 11, 2021 Date: Jan 8, 2021 APPROVED AS TO FORM AND LEGALITY: t o- By: JB Strong(Jan 11, 021 14:45 CST) John B. Strong, Sr. Assistant City Attorney Law Date: Jan 11, 2021 4a4oan� a4 FORT�aa CONTRACT COMPLIANCE MANAGER: O�........A;n �,•o� oo dd By signing I acknowledge that I am the person ATTEST: o =d� responsible for the monitoring and administration *o000 4 of this contract, including ensuring all performance ��a 1 nEXA`aop� and reporting requirements. far Ronald P. Gonzales By: for Ronald P.Gonzales(Jan 11,202116:56 CST) e/L e Mary Kayser, City Secretary ifer Ezern n behalf n 8,202110:27 CST) 61 City Secretary's Office Janie S. Morales, Department Manager Development Services Date: Jan 8, 2021 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX s[Cube]Inc. Rev.9/2017 Page 4 of 4