HomeMy WebLinkAboutContract 44604 (2)_ - �. �. ..� : 5 �
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DATA SHARE
AND CONFIDENTIALITY AGREEMENT
This Data Share and Confidentiality Agreement ("Agreement") is entered into between the City of Fort
Worth ("Fort Worth"), a Texas home rule municipality with principal offices located at 1000 Throckmorton
Street, Fort Worth, Texas, 76102, and the City of Burleson ("Burleson"), a home rule municipality with
principal offices located at 141 W. Renfro, Burleson, TX 76028, sometimes referred to herein as "Party"
or the "Parties."
RECITALS:
Whereas, the Parties desire to more effectively plan for the services required by the residents of Fori
Worth and Jurisdiction who would need special assistance in the event of an emergency or a disaster;
and
Whereas, Fort Worth provides a program where individuals with special needs who reside in Jurisdiction
may access a web based portal database (known as "Special Needs Assistance Program") voluntarily to
provide specific information as to their special needs or disabilities for the purpose of assistance in an
emergency or disaster;
Whereas, in order to plan for and to administer these services on a regional level, the Parties desire to
share Special Needs Assistance Program data with each other;
Whereas, Jurisdiction will have access to sensitive and confidential information of a personal nature for
governmental purposes;
Whereas, Fort Worth would not make such access available to Jurisdiction without Jurisdiction's
agreement to maintain confidential treatment of such information;
Whereas, this Agreement is made under the authority of Sections 791.001 et. Seq., Texas Government
Code;
Whereas, each governing body, in performing governmental functions or in paying for the performance of
governmental functions hereunder, shall make that performance or those payments from current
revenues legally available to that Party; and
Whereas, the Parties find that the performance of this Agreement is in the common interest of Fort Worth
and Jurisdiction, that the undertaking will benefit the public, and that the compensation set forth herein
fairly compensates the performing Party for the services to be performed under this Agreement.
Now therefore, in consideration of the mutual promises, agreements and covenants contained herein,
the parties do hereby agree as follows:
1. Term. Unless otherwise terminated as set forth herein, the term of this Ag�eement shall be a
period of one (1) year from the date of execution ("Effective Date"), and, if Jurisdiction is not in
default of any of its obligations under this Agreement, the Agreement shall automatically renew
annually for one-year periods.
2. Jurisdiction Access. Fort Worth shall provide Jurisdiction with access to information provided
by participants residing in Jurisdiction who are in the Special Needs Assistance Program, as well
as access to changes in information, including but not limited to participant additions, removals,
and in activations.
c�ry of Fort wortn
SNAP Data Share Agreement
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3. Restrictions on Use and Disclosure.
3.1 Jurisdiction shall not disclose or use any sensitive, personal, or confidential information
received from the Special Needs Assistance Program or from Fort Worth that Jurisdiction
should reasonably know is sensitive or confidential ("Confidential Information).
Jurisdiction agrees to treat Confidential Information as it would its own confidential
information and to disseminate it within its own organization only to the extent necessary
for the purposes for which it has been provided and only to Jurisdiction's employees who
are bound to maintain its confidentiality.
3.2 Such restrictions on use or disclosure of Confidentiai Information described in Paragraph
3.1 do not extend to any information which (i) is publicly known at the time of its
disclosure (ii) is lawfully received from a third party not bound in a confidential
relationship to Fort Worth (iii) is published or otherwise made known to the public by Fort
Worth (iv) is independently developed by Jurisdiction without using Confidential
Information of Fort Worth or (v) is required to be disclosed pursuant to a court order, duly
authorized subpoena, or other governmental or legislative authority. In such cases,
notice must be provided to Fort Worth upon such disclosure.
3.3 Upon termination or expiration of this Agreement, or in the event Fort Worth reasonably
determines that Jurisdiction is in breach of its duties or obligations under this Agreement,
and upon written request by Fort Worth, Jurisdiction shall return all information received,
with a letter confirming that the Confidential Information has in no way been
compromised, reproduced or copied beyond that which is allowed by this Agreement, and
that all copies have been returned.
3.4 This Agreement specifically prohibits Jurisdiction from granting any access to the
Confidential Information or any information compiled by Jurisdiction using the
Confidential Information to any third party without the express written consent of Fort
Worth, unless so required to provide the Confidential Information under federal or state
law. Jurisdiction is solely responsible for protecting access to Confidential Information
against any third party while the information is in the possession of Jurisdiction or the
third party.
3.5 Jurisdiction shall not distribute or allow unauthorized access to any Confidential
Information in any form that was in all or partly derived from the Special Needs
Assistance Program. Jurisdiction shall store all Confidential Information in a secure
manner and shall not allow unauthorized users to view, access, modify, delete or
otherwise corrupt Fort Worth Information in any way. Jurisdiction shall notify Fort Worth
immediately if the security or integrity of any Confidential Information has been
compromised or is believed to have been compromised.
4. Compensation. Jurisdiction shall pay Fort Worth an annual amount not to exceed $1.00
for use of the Special Needs Assistance Program pursuant to this Agreement.
5. Accuracv of Confidential information. Fort Worth makes no warranty as to the veracity or
accuracy of the Confidential Information or any information in the Special Needs Assessment
Program. Jurisdiction acknowledges that the Special Needs Assessment Program is a voluntary
program and that all information is provided by the individuals residing in Jurisdiction, not by Fort
Worth, and Fort Worth has no duty to determine the accuracy or veracity of any information in the
Special Needs Assessment Program.
6. Applicable Laws. All information shared between the parties will be transferred, maintained and
stored in accordance with all applicable federal and state laws governing the transfer and/or
City of Fort Worth
SNAP Data Share Agreement
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disclosure of personal information, including but not limited to, Chapter 552 of the Texas
Government Code, the Texas Medical Practices Act, the Americans with Disabilities Act, and any
applicable federal, state or local laws, rules, regulations and ordinances.
7. LIABILITY. It is expressly understood and agreed that in the execution of this Agreement, no
party waives nor shall be deemed hereby to waive any immunity or defense that would otherwise
be available to it against claims arising in the exercise of governmental powers and functions.
Each party agrees to be liable for any damages or loss that may be caused by its own
negligence, omission or intentional misconduct. The term party shall include employees officers,
agents, representatives, and volunteers of Jurisdiction or Fort Worth.
8. Termination. Termination of access to the information provided pursuant to this Agreement
shall only be authorized if there is a change in the Special Needs Assistance Program or in the
event that Jurisdiction does not fulfill its duties and obligations herein stated.
9. Assiqnment and Subcontracting. Neither Fort Worth nor Jurisdiction will assign or
subcontract any of its duties, obligations or rights under this Agreement without the prior written
consent of the other party.
10. Notices. Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its
agents, employees, servants or representatives, (2) delivered by facsimile with electronic
confirmation of the transmission, or (3) received by the other party by United States Mail,
registered, return receipt requested, addressed as follows:
To Fort Worth:
City of Fort Worth
Attn: Human Resources Director
1000 Throckmorton
Fort Worth, TX 76102-6311
To JURISDICTION:
City of Burleson
Attn: Fire Chief
141 W. Renfro
Burleson, TX 76028
11. Governinq Law / Venue. This Agreement shall be construed in accordance with the
internal 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 shail lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division.
12. Severabilitv. 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.
13. Relationship of the Parties. It is expressly understood that the employees, methods, facilities
and equipment of Fort Worth shall at all times be under the exclusive jurisdiction; direction and
control. It is understood that the empioyees, methods, facilities, and equipment of Jurisdiction
shall at all times be under Jurisdiction's exclusive jurisdiction, direction and control.
14. Entiretv of Aqreement. This Agreement, including the schedule of exhibits attached
hereto and any documents incorporated herein by reference, contains the entire understanding
and agreement between Fort Worth and Jurisdiction, their assigns and successors in interest, as
to the matters contained herein. Any prior or contemporaneous oral or written agreement is
hereby declared null and void to the extent in conflict with any provision of this Agreement.
15. Force Maieure. Fort Worth and Jurisdiction shall exercise their best efforts to meet their
respective duties and obligations as set fo�th 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.
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SNAP Data Share Agreement
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16. No Waiver. The failure of Fort Worth or Jurisdiction to insist upon the performance of any
term or provision of this Agreement or to exercise any right granted herein shall not constitute a
waiver of Fort Worth's or Jurisdiction's respective right to insist upon appropriate performance or
to asse�t any such right on any future occasion.
[Signature Page Follows]
c�ty of Fort wortn
SNAP Data Share Agreement
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FORT WORTH:
CITY OF FORT WORTH
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JURISDICTION:
CITY OF Burleson
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APPROVED AS TO FORM AND
LEGALITY:
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Assistant City Attorn y
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City of Fort Worth
SNAP Data Share Agreement
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Dale Cheatham
City Manager
City Manager