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Home My WebLink AboutContract 36928-NA1 APLIW Sammy: aL ,q1yo._1V CONTRACTNO, q NETWORK ACCESS AGREEMENT This NETWORK ACCESS AGREEMENT (""Agireemente") is made and entered into by and between the CITY OF FORT WORTH ("Clity"'), 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 Code Sollutlions inc., a Teixals corporation with its principal location at 313 Cindy Sit S, Keller Texas 76248,, ("Contractiorl"). I. The Network. The City owns, and operates a computing environment and network (co�llectively the"Network"'). Contractor wishes to access the City's network in order to provide third party p�lan review and building inspection services., In order to prov,ide the necessary support, Contractor needs access to the A,ccela Automation permitting system over the intranet. 2. Grant of Limifted Access.' Contractor is hereby granted, a limited right of access to the City's Network, for the sole purpose of providing, th,ird party plan review and building inspieictioln 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 reference and made a part of this Agreement for all purposes herein and are available upon request. 3. Network Credenitlialls. The City will provide Contractor with Network Credentials cons,isting of' user lDs, 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,l expli�re at the completion of the contracted, services, or upon termination of the contracted s,eirvic,e�s, whichever occurs first. This Agreement will be associated with the Services,designated below. Z Services are being provided in accordance with City Secretary Contract No. 361928, as amended. E] 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. 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 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 o�fficers, agents,, servants, eimplioye,es or representatives requiring Network credentials. Notwithstanding the scheduled contract expiration or the status of'completion of servi�ces, 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 Restrictolons. Contractor officers,, agents, servants, employees or representatives may not share,the City-assigned user ID,s and passwords. Contractor acknowledges, agrees and hereby g�ives, its authorization to, the City to monitor Contractor's use of the City's Network in order to ensu,re 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 Contractor pursuant to this Agreement shall be grounds for the City immediately to deny Contractor access,to the Network and, Contractor's Data, term,inate the Agreement, and pursue any other remedies that the City may have under this Agreement or at law or in equity. E I V1 E U OFFICIAL RECORD Vendor Network Access Agreement CITYLSECRE2TIAIM ev.0:8/24/20,12 WOROrH no WORTIN, TX All w v w Ah ft 40 Wo 4W w 40 4h op vp w Wri A A A a rw ld it I OEM MI-ft, a d 0 AL AV wo w -"llml Z w mo -W v ow All w IS • 0 A ra+ me,nGt 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. I Iq Amendments. The terms of this Agreement shall not be waived, altered, modified, I supplemented, or amended in any manner except by written instrument signed by an authorized, representative of both the City and Contractor. 13. Ascion t. 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. Severabl"&., If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provis,ions shall not in any way be affected or impaired. 1150, Force Mpjeure. 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. 10. Goveming 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. Sianat,ure Authorl ., 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 FOLLOMI Vendor Network Access Agreement 3 Code Solutions inc. , a Texas corporation Rev.08/24/20,12 ACCEPTED AND AGREED-. CITY OF FORT WORTH: Code Solutions I By: By- 4*e Susan Alarlls Name: Assistant City M�anager Title: 'cue: Date: � zto� - A ST; T. J. e: K a City Sec1Secretary �� fie: n icy 000010 APPROVE%AS,TO FORM AND L icy By: Assi nt City Abrney LOFFICIALRECORD jr E CffY SECRENMRY F T a Wo JrH I TX To WORTH;TX Vendor Network Access Agreement 4 Code Solutions inc. , a Texas corporation Rev.08/24/2012