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HomeMy WebLinkAboutContract 44583 CITY SECRETARY I-) 111�'. CONTRACT NO. NETWORK ACCESS AGREEMENT This NETWORK ACCESS AGREEMENT ("Agreement") is made and entered into by and between the CITY OF' FORT WORTH RTH ("Cit "), a home rule municipal c r r u i with its principal location at 1000 Throckmorton Street, Forte Worth„ Texas 76102, organized under the laws, of'the State of Texas and situated in portions of Tarrant, Denton and Wise Counties, Texas, and WINSTON SEE VICES, INCo, a, Texas, corporation with its principal location at 832 Sandy Lane, Fort Worth, TX 61201 ("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 third party plan review and building inspection services. In order to provide the necessary support, Contractor needs access to the Accela Autornation permitting system over the intranet. 2. Grant of Limited Access. Contractor is hereby granted a limited right of access to the City's Network for the sole purpose of providiing third) party plan review and building inspection services. Such access is granted subject to the terns and coindlitions forth in this Agreement and applicable provisions of the City's Administrative Regulation D-7 (Electronic Communications Resource Use Policy), of which such appl'icable 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 ICs and passwords unique to each individual requiring Network access on behalf of the Contractor. Access rights will automatically e spire 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 assoiciated with the Services designated below. Services are being provided in accordance with City Secretary Contract No. 3690, as amended. F-1 Services are being provided in accordance with City of Fort Worth Purchase order No. El Services are being provided in accordance with the agreement to, which this Access Agreement is attached.. 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. 42 Contracted services have not been terminated. 4.3 Within the thirty (30) days prior to the scheduled annual expiration of this A reement, the Contractor has provided the City with a current Dist of its officers, agents, servants) employees or representatives requiring Network credentials. Notwithstanding 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 (Network credentials on an annual basis. Failure to adhere to, this requirement may result in denial of access to the Network andor,termination of this Agreement. S. Network Restrictions. Contractor officers, agents, servants, employees or representatives may not share the City-assigned user lCs 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, employees or representatives,1 of this Agreement and any other written instructions or guidelines that the City provides to Contractor pursuant to thus 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 relmedlies that the City may have under this Ag uit y. OFFICIAL 70' RDA SECRETARY CITY Vendor Network Access Agreement Rev. 08/24/2012 2 FTa WORTIf, IFX w do 10 w do oil IS 0 I • MOTO 0 A^ 0 If 0 do a 00 10 w w w w w 0 lw AW. w w 0 140% goo 0 ow all IS 4p op Aw dr ow Ar 41 IS Z 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. 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 smatters contained herein regarding Contractor's access to and use o f t he 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 ally or any part hereof shall be null and void. 14. Severabillity. 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 thus Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes bleyond their reasonable control (force majeure), including, but not limited: to, compliance with any government law, ordinance or regi.,ilation, acts of God, acts of the public enerny; 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 a�ccoirdlance 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 lliie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Dlivision, 17. Signature Authori ., By affixing a signature below, the person signing this Agreement hereby warrants that he/she has the legal authority to, bind the respective party tot he 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 31 WINSTOIS11 SER VICES, INC., a Texas corporation Rev.C ACCEPTED AND AGREED,.- CITY OF FORT WORTH INST RVICESI INC.: ow By: By- is Susaikkah, ro,I j..... ClIch aw Assistant C,ity,Mania er Title., rYzAp"8J&+ -- -------- ATTEST: ATTEST':wr'^ By: �"4� 1�,,Z� By: r j---- ary Kayser ame. ............... 10�0 Acl>; ,,Name:, City Secretary (2 000 APPROVED A T FORM AND LEG! 0 0 flu W 0 > Assistant IMy Attorn 0 'Oe M&C: none cluired I F ............................. 0!F!'jFlClAL RECORD CITY SECRETARY t R/7 Mn *rj7' 7 Vendor Network Access Agreement 4 ..... ......... WINSTON SERVICES, INC., a Texas, corporation Rev.