HomeMy WebLinkAboutContract 57621-NA1CSC No. 57621-NA1
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 with its principal location at 200 Texas Street,
Fort Worth, Texas 76102, organized under the laws of the State of Texas and RJN Group, Inc., a Texas
Corporation with its principal location at 14755 Preston Rd. #710 Dallas, TX. 75254, ("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 In-house
CCTV Professional Service Assistance with Training Support, Inspection and Analysis. In order to provide
the necessary support, Vendor needs access to VueWorks.
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 In-house CCTV Professional Service Assistance with Training
Support, Inspection and Analysis. 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. 57621. ("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")
❑ Services are being provided without a City Secretary Contract at no cost to the City
❑ 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, 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
OFFICIAL RECORD
CITY SECRETARY
Network Access Agreement (Rev. 8/28/19) page 1 of 4
FT. WORTH, TX
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
Network Access Agreement (Rev. 8/28/19) Page 2 of 4
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 parry 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]
Network Access Agreement (Rev. 8/28/19) Page 3 of 4
[Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED
AND AGREED:]
City:
By: Valerie Washington (Ju(17, 202313:10 CDT)
Name: Valerie Washington
Title: Assistant City Manager
Date: Jul 17, 2023
RJN Group, Inc.
Digitally signed by
By: Javier Valdez
Name: Locaiion: Drtlas
accuracy
-daVle�/aWeZ aReason: I attest to the
accuracy and integrity
of this document
Date: Date: 2023.07.13
14:28:34-05'00'
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
By: _
Name: Kevin Gunn
Title: Director, IT Solutions
Approved as to Form and Legality
By:
Name: Taylor Paris
Title: Assistant City Attorney
Contract Authorization:
M&C: 22-0275
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(Ju114,202310:14CDT)
Name: Cynthia Tyree
Title: Assistant Director- IT Finance
City Secretary:
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By:
Name: Jannette Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Network Access Agreement (Rev. 8/28/19) Page 4 of 4
M&C Review
Page 1 of 3
ACITY COUNCIL AGEND
Create New From This M&C
DATE: 4/12/2022 REFERENCE NO.: **M&C 22-0275 LOG NAME:
CODE: C TYPE: CONSENT PUBLIC
HEARING:
Official site of the City of Fort Worth, Texas
Fob H
20SWM IN-
HOUSE CCTV
NO
SUBJECT: (ALL) Authorize Execution of an Engineering Agreement with RJN Group, Inc., in an
Amount Not to Exceed $250,000.00 to Support the City of Fort Worth's Storm Drain
Rehabilitation Program In -House Closed -Circuit Television Project with Up to Three
Renewals and a Maximum Contract Duration of Five Years, Adopt Attached Appropriation
Ordinance and Amend the Fiscal Years 2022-2026 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an engineering agreement with RJN Group, Inc., in an amount not to
exceed $250,000.00 to support the City of Fort Worth's Storm Drain Rehabilitation Program In -
House Closed -Circuit Television project (City Project No. 103963) with up to three renewals at
the City of Fort Worth's sole option and a maximum contract duration of five years;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Stormwater Capital Fund in the amount of $250,000.00, from available funds, for the purpose
of funding the City of Fort Worth's Storm Drain Pipe Rehab project (City Project No. P00114);
and, decreasing estimated receipts and appropriations in the Unspecified project (City Project No.
UNSPEC) by the same amount; and
3. Amend the Fiscal Years 2022-2026 Capital Improvement Program.
DISCUSSION:
Approval of this Mayor and Council Communication will authorize execution of an engineering agreement
in an amount not to exceed $250,000.00 to assist the City of Fort Worth (City) in the implementation of the
Stormwater Management Program's Storm Drain Rehabilitation Program In -House Closed -Circuit
Television (CCTV) project by providing the following: training to use the equipment and software; assisting
staff with pipe evaluations to identify and prioritize corrective rehab measures; reviewing and performing
QA/QC of data; and, development of processes and protocols needed for a self-sufficient In -House
Program for our Storm Drain Rehabilitation Program.
The development of a Storm Drain Rehabilitation Program is a Level 1 Priority, Key Initiative included in
the 2018 Council adopted Stormwater Management Program Master Plan. Storm drain rehabilitation is
one of the Stormwater Management Program's top priorities due to the life safety risk that can happen
when deteriorating storm drain pipe creates sinkholes.
From a Request for Qualifications (RFQ) for storm water management professional and engineering
services dated July 29, 2021 and August 5, 2021, RJN Group, Inc., was selected as the most qualified
consultant for this work based on published selection criteria and their submitted specific proposal to
provide pipe assessment and condition program services.??RJN Group, Inc. proposes to perform the
scope of work for this contract for a not -to -exceed fee of $250,000.00.??The City will issue individual task
orders to authorize the consultant to perform work under this agreement until such time as the contract
funds have been expended.?The City, at its sole option, may renew this contract three times under the
same terms and conditions. ??Staff considers the fee to be fair and reasonable for the anticipated services
to be performed.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=29829&councildate=4/12/2022 7/13/2023
M&C Review
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This contract will not result in any additional annual operating cost for the Transportation and Public Works
(TPW) Stormwater Management Division.
The funding was included in the FY2022-2026 Capital Improvement Program for project P00114. In order
to administratively track the spending of all funding sources in one project, appropriation ordinances are
needed to appropriate additional funds into the programmable project to jointly funded future Stormdrain
Pipe Rehab child projects. The action in this M&C will amend the Fiscal Year 2022 Adopted Budget as
approved in connection with Ordinance 25073-09-2021, Section 6, as listed on page 27.
Capital Fund
Name
52002-
Stormwater
Capital
Project
Project FY2022 CIP Budget Change Revised FY2022
Name appropriations Authority (Increase/Decrease) Budget
P00114-
Stormdrain
Pipe Rehab $1,600,000.00 This M&C $250,000.00 $1,850,000.00
M/WBE Office — A waiver of the goal for Business Equity subcontracting requirement has been approved
by the Department of Diversity and Inclusion -Business Equity Division, in accordance with the Business
Equity Ordinance, because the purchase of goods or services is from sources where subcontracting or
supplier opportunities are negligible.
This project is located in ALL COUNCIL DISTRICTS
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the Stormwater Capital Projects Fund for the Storm Drain Rehabilitation Program In House
CCTV project and upon approval of the above recommendations and adoption of the attached
appropriation ordinance, funds will be available in the Stormwater Capital Projects Fund for future identified
task order projects related to the Stormdrain Pipe Rehab programmable project to support the approval of
the above recommendation and execution of the engineering agreement. Prior to any expenditure being
incurred, 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
Year
(Chartfield 2)
Submitted for Citv Manaqer's Office
bv:
Dana Burghdoff (8018)
Oriqinatinq Department Head:
William Johnson (7801)
Additional Information Contact:
Greg Simmons (7862)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=29829&councildate=4/12/2O22 7/13/2023
M&C Review
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ATTACHMENTS
20SWM IN-HOUSE CCTV Funds Availabilitv.r)df (CFW Internal)
20SWM IN-HOUSE CCTV 52002 AO22(r2).docx (Public)
20SWM IN-HOUSE CCTV P00114 Proqrammable Proi Bud Summarv.Ddf (CFW Internal)
20SWM IN-HOUSE CCTV Updated FID table.xlsx (CFW Internal)
Form 1295 Certificate 100874808.Ddf (CFW Internal)
RJN Group SAM-2022.Ddf (CFW Internal)
Waiver SWS-092 In -House CCTV 012122.Ddf (CFW Internal)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=29829&councildate=4/12/2022 7/13/2023