HomeMy WebLinkAboutContract 59565-NA1CSC No. 59565-NAl
NETWORK ACCESS AGREEMENT
This Network Access Agreement ("Agreement") is made and entered into by and between
the City of Fort Worth ("City"), a home rule municipal corporation organized under the laws of
the State of Texas, and Halff Associates, Inc. ("Vendor").
1. The Network. The City owns and operates a computing environment and network
(collectively the "Network"). Vendor wishes to access the City's network in order to provide
drainage and floodplain review services. In order to provide the necessary support, Vendor needs
access to a Geocortex web mapping application (the "Services").
2. Grant of Limited Access. Vendor is hereby granted a limited right of access to the
City's Network for the sole purpose of providing the 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 Credentials. The City will provide Vendor with Network Credentials
consisting of user IDs and passwords unique to each individual requiring Network access on behalf
of the Vendor. 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. Otherwise, access
rights will automatically expire one (1) year from the date of this Agreement ("Expiration Date").
® Services are being provided in accordance with City Secretary Contract No. 59565.
("Contract")
❑ Services are being provided in accordance with City of Fort Worth PeopleSoft Contract
No. . ("PSK #")
❑ Services are being provided in accordance with the Agreement to which this Access
Agreement is attached. ("Contract")
❑ No services are being provided pursuant to this Agreement.
4. Renewal. This Agreement shall renew in accordance with the term of the Contract
or PSK #. If there is no Contract or PSK #, this Agreement may be renewed annually by City, in
its sole discretion, at the end of the Expiration Date and each renewal term thereafter.
Notwithstanding the scheduled contract expiration or the status of completion of services,
Vendor 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. Vendor officers, agents, servants, employees or
representatives may not share the City -assigned user IDs and passwords. Vendor acknowledges,
agrees and hereby gives its authorization to the City to monitor Vendor's use of the City's Network
in order to ensure Vendor's compliance with this Agreement. A breach by Vendor, its officers,
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
agents, servants, employees or representatives, of this Agreement and any other written
instructions or guidelines that the City provides to Vendor pursuant to this Agreement shall be
grounds for the City immediately to deny Vendor access to the Network and Vendor's Data,
terminate the Agreement, and pursue any other remedies that the City may have under this
Agreement or at law or in equity.
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, Vendor agrees to remove entirely any
client or communications software provided by the City from all computing equipment used and
owned by the Vendor, its officers, agents, servants, employees and/or representatives to access the
City's Network.
7. Information Securitv. Vendor 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. Vendor 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 Vendor -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. VENDOR SHALL BE LIABLE
AND RESPONSIBLE FOR ALL DAMAGES THAT THE CITY MAY INCUR DIRECTLY
ON ACCOUNT OF ANY BREACH OF THIS AGREEMENT BY VENDOR, ITS
OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. THE CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY
DAMAGES THAT VENDORMAY INCUR AS A RESULT OF THE CITY'S
RESTRICTIONS TO OR DENIAL OF ACCESS TO VENDOR'S DATA ON ACCOUNT
OF ANY BREACH OF THIS AGREEMENT BY VENDOR, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES, OR FOR ANY REASONABLE SECURITY MEASURES
TAKEN BY THE CITY. IN ADDITION, VENDORSHALL 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 NEGLIGENT
ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF VENDOR, ITS
OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES. VENDOR, AT VENDOR'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 MISCONDUCT OF VENDOR, ITS OFFICERS,
AGENTS, SERVANTS OR EMPLOYEES.
9. Confidential Information. Vendor, 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. Vendor 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. Vendor 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. Right to Audit. Vendor 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 Vendor involving
transactions relating to this Agreement. Vendor agrees that the City shall have access during
normal working hours to all necessary Vendor 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 Vendor reasonable advance notice of intended audits. Vendor further
agrees 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 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
Vendor. This Agreement and any other documents incorporated herein by reference constitute the
entire understanding and Agreement between the City and Vendor as to the matters contained
herein regarding Vendor'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 Vendor.
13. Assignment. Vendor 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. Severability. 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 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. Governing 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. Signature Authoritv. 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 Follows]
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth
0Lvu
By: Valerie Washington (Jun 16, 202315:47 CDT)
Name: Valerie Washington
Title: Assistant City Manager
Date: J U n 16, 2023
Approval Recommended:
Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
By: Cynthi yree(Jun14,202309:48CDT)
Name: Cynthia Tyree
Title: Asst. Director, IT Solutions
Approved as to Form and Legality:
By: `
Name: Kevin Gunn
Title: Director, IT Solutions /�-
�oobanpb By:
Attest:
��o�oFORraa Name: Taylor C. Paris
0o d�
c°!`o s9-+dd Title: Assistant City Attorney
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q s °4 aj E0000 o Contract Authorization:
By: (J °naa44 M&C: 23-0389
Name: Jannette S. Goodall Approved: 05/23/2023
Title: City Secretary
ki-W63-116"t
Halff Associates, Inc.
By:
Name: Cindy H. Mosier
Title: Water Resources QA Manager
Date: 06/14/2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
M&C Review
Page 1 of 2
ACITY COUNCIL AGEND
Create New From This M&C
Official site of the City of Fort Worth, Texas
Fo H
REFERENCE **M&C 23- 06HALFF PROFESSIONAL
DATE: 5/23/2023 NO.: 0389 LOG NAME: SERVICES FOR STORMWATER
AND FLOODPLAIN RE
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Execution of a Professional Services Agreement with Halff Associates,
Inc. in an Amount Up to $900,000.00 for Drainage and Floodplain Review Services for
Fiscal Year 2023
IA%1�,ILyi121►117_1111:0]►I
It is recommended that the City Council authorize execution of a Professional Services Agreement
with Halff Associates, Inc. in an amount up to $900,000.00 for Drainage and Floodplain review
services for Fiscal Year 2023 with two renewal options.
DISCUSSION:
The Professional Services Agreement recommended by this Mayor and Council Communication is for
drainage and floodplain review services associated with private development projects. Halff
Associates, Inc. will augment staff to reduce the review time of the drainage and floodplain design
component of private development projects.
In May 2021, the Transportation and Public Works Department (TPW), Stormwater Management
Division, published a Request for Qualifications (RFQ) for various engineering consulting services.
Fifteen consultants responded to the RFQ for the development review services area with Statements
of Qualifications (SOQ). An evaluation by City staff subject matter experts from the Stormwater
Management Division of TPW selected Halff Associates, Inc as one of the most qualified consultants
to perform these services.
Halff Associates, Inc. proposes to perform this work on an on -call, time, and materials basis for a fee
in an Amount Up to $900,000.00. This contract is expected to provide 200 to 275 reviews over
approximately 12 months, depending on the level of development activity.
Upon completion of this contract, there is no anticipated annual operation cost to the the Development
Services and the Transportation & Public Works Department.
Funding is budgeted in the Development Services Department's rollup within the General Fund. The
Fiscal Year 23 amount that can be spent under the budget is $1,646,462.29.
This agreement may be renewed for two additional terms.
M/WBE Office: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the
Department and approved by the MWBE Office, in accordance with the BDE Ordinance, because the
purchase of goods or services from source(s) where subcontracting or supplier opportunities are
negligible.
The project is located in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and award of the
contract, funds are available in the current operating budget, as previously appropriated, in the
http://apps.cfwnet.org/council_packet/mc review.asp?ID=31017&councildate=5/23/2O23 6/14/2023
M&C Review Page 2 of 2
General Fund. Prior to any expenditure being incurred, the Development Services and the
Transportation & Public Works Department has the responsibility to validate the availability of funds.
TO
Fund Department Account Project Program Activity ' Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID I Year (Chartfield 2)
Submitted for Citv Manaqer's Office bv: Dana Burghdoff (8018)
Oriqinatinq Department Head: D.J. Harrell (8032)
Additional Information Contact: Ty Thompson (2120)
ATTACHMENTS
06HALFF PROF SERVICE FOR STORMWATER AND FLOODPLAIN.docx (CFW Internal)
06HALFF PROF SERVICES FOR STORMWATER AND FLOODPLAIN RE.xlsx (CFW Internal)
230505 Waiver Drainaae Studv Reviews (Halff).Ddf (CFW Internal)
Form 1295 Certificate 101044105.Ddf (CFW Internal)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=31017&councildate=5/23/2023 6/14/2023