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Home My WebLink AboutContract 44694 (2)�1� �� . . METWORK ACCESS AGREEMEf�T �� `� This NETWOI�K ACCESS AGREEIUIENT ("AgreemenY') is made and entered into by and between the CITY OF FORT WO�TH ("City"), a home rule municipal corporation with its principal location at 1000 Throckmorton Street, Fort Worfh, Texas 76102, organized under the laws of the State of Texas an� situated in portions of Tarrant, Denton and Wise Counties, Texas, and TBey Consaalting Group, a Texas corporation, with its principai location at 2300 Valley View Lane, Ste. 332, Irving, TX 75062, ("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 temporary staffing augmentation services. In order to provide the necessary support, Contracior needs access to Internet, Intranet, and e-mail]. 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 temporary stafiing augmentation services. 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 refierence and made a part of this Agreement for all purposes herein and are available upon request. 3. Network Credentials. The City will provide Contractor wiih 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 pursuanf 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. ❑ Services are being provided in accordance with City Secretary Contract No. . � Services are being provided in accordance with City of Fort Worth Purchase Order No. 13-78420. ❑ 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. 4.2 Contracted services have not been terminated. 4.3 Within Yhe 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. Notwithstanding the scheduled contract expiration or the sfatus 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 and/or termination of this Agreement. 5. Network Restrictions. Contractor officers, agenfis, servants, employees or representatives may not share the City-assigned user IDs and passwords. Contracfor 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 Agreerr�ent and any other written instructions or guidelines ihat the City provides to Contractor pursuant to this Agreement shall be grounds .tk�a�rt � mediately Yo deny Contractor access to the Network and Confractor's Data, termi; a e the A re�i�,� pursue any other remedies fhat the City may have under this Agreement or at lav� �[j�� Vendor Network Access Agreement �1'�� V��'AR� Fr"�o ��, �� Rev. 08/24/2012 f! N% (�' �a R F � E � �1 � d �A�I�G °° � 2093 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 fo remove entirely any 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 Securitv. 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 credentials, and 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, SEt2VANTS AND EMPLOYEES, SHALL NOY BE LIABLE FOR ANY DAMAGES THAT CONTRACTOR IVIAY INCUR AS A RESULT OF THE CITY°S RESTRICTIONS TO OR DENIAL OF l�CCESS TO CONTRACTOR'S DAiA 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 SHALL 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 NEGI.IGEfVT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS ANDlOR EMP�OYEES. CONTRACTOR, AT CONTRACTOf2'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 NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCY OF CONTRACTOR, 17S OFFICERS, AGENTS, SERVANTS OF2 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 not 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 unauthorized 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. Riqht 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 aorees 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 Vendor Network Access Agreement 2 TBey Consulting Group, a Texas corporation, Rev. 08/24/2012 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. Aqreement 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 �na 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. Assiqnment. 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. Severabilitv. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remair�ing 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. Governinq Law / Venue. This Agreement shall be construed in accordance with the laws of fihe 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 FOLL0IN] Vendor Netwoi•k Access Agt•eement 3 TBey Consulting Group, a Texas corporation, Rev. 08/24/2012 ACCEPTED AND AGREED: CITY OF FORT WORTH: � BY. , � �- �san lanis Ass�s nt Ci y M nager Date: � � �� I � �-, ATTEST: By: Ular�/ J!-Ka�i City Secretary APP ED A T FORM AND LEGALITY: gy: �. p�►1S C. MC Assistan � y Attorn M& C: non e uired ��, < w� t� $ g �.� ,.-�00000 � �� o� o� S 4� 0 �� OFFICIAI- RE�ORD �IqY SECRETARX F'% dVORTH, TX Vendor Network Access Agreement 4 TBey Consulting Group, a Texas corporation, Rev. 08/24/2012 O��°� �°�o !i it�'I&C Review w � � ` Page 1 of 2 Official site of the City of Fort Worth, Texas �"OIiT �O�TI� COUNCIL ACTION: Approved on 7/9/2013 S . - DATE: •� 7/9/2013 REFERENCE NO.: **P-11540 P TYPE: CONSENT LOG NAME: PUBLIC HEARING: 13P13-0066 PROF TEMP SERV CC � SUBJECT: Authorize Non-Exclusive Purchase Agreements with Makro Technologies, Inc., P.I.E. Management, LLC, TBey Consuiting Group, Inc., and TS Staffing Services, Inc., for a Combined Amount Up to $525,000.00 for the First Year, to Provide Temporary Professional Employment Services to the City of Fort Worth (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize Non-Exclusive Purchase Agreements with Makro Technologies, Inc., P.I.E. Management, LLC, TBey Consulting Group, Inc., and TS Staffing Services, Inc., for a combined amount up to $525,000.00 for the first year, to provide temporary professional employment services to the City of Fort Worth. DISCUSSION: City Departments will use these Non-Exclusive Purchase Agreements to acquire professional personnel on a temporary basis from private employment agencies to work in conjunction with Staff. The length of assignments will vary from a few weeks to several months. Temporary professional personnel will fill positions primarily vacated by City employees until vacancies are filled. Positions include auditing, accounting and buyers. Additionally, these staffing services will provide laboratory personnel qualified to operate a laboratory based on Texas Commission on Environmental Quality accreditation standards. The Invitation to Bid consisted of detailed job descriptions furnished by the Human Resources Department describing experience and education the selected candidates must possess. The departments certify Makro Technologies, Inc., P.I.E. Management, LLC, TBey Consulting Group, Inc., and TS Staffing Services, Inc., meet the requirements stated in the specifications. It is recommended that multiple Agreements be awarded to ensure personnel is provided in a timely manner. As staffing needs arise, Staff will notify the agencies of the needs and requirements. Under these Non-Exclusive Agreements, the department will request services according to cost and availability. No guarantee was made that a specific amount of services would be purchased. The departments have included sufficient resources in their budgets to acquire this service on an as-needed basis. PRICE ANA�YSIS - The changes in pricing average an increase of four percent compared to pricing that has been in effect since September 2008, as awarded by City Council (M&C P-10840). Overall, prices are considered fair and reasonable. BID ADVERTISEMENT - This bid was advertised in the Fort Worth Star-Teleqram on January 30, 2013, February 6, 2013, February 13, 2013 and February 20, 2013. Twenty-two vendors were solicited from the purchasing database; six responses were received. BID TABULATION - See attached bid tabulation. M/WBE - A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office, in accordance with the BDE Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier http://apps.cfwnet.org/council�acket/mc review.asp?ID=18501&councildate=7/9/2013 8/2/2013 :✓I&C Review opportunities are negligible. Page 2 of 2 ADMINISTRATIVE CHANGE ORDER - An Administrative Change Order or increase may be made by the City Manager in the amount up to $50,000.00 and does not require specific City Council approval as long as sufficient funds have been appropriated. AGREEMENT TERMS - Upon City Council approval, these Agreements shall begin on July 10, 2013 and end July 9, 2014. RENEWAL OPTIONS - This Agreement may be renewed for up to four additional one-year terms at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. Staff anticipates that the costs for renewal years shall remain approximately the same as the first year. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budgets, as appropriated, of the participating departments. BQN\13-0066\CC TO Fund/Account/Centers Submitted for City Manager's OfFice bv: Originatina Department Head: Additional Information Contact: FROM Fund/Account/Centers Susan Alanis (8180) Jay Chapa (8517) Jack Dale (8357) Cristina Camarillo (8355) ATTACHMENTS BID TAB 13-0066.pdf http://apps.cfwnet.org/council�acket/mc review.asp?ID=18501&councildate=7/9/2013 8/2/2013