HomeMy WebLinkAboutContract 59543-NA1CSC No. 59543-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 with its principal location at 200 Texas Street,
Fort Worth, Texas 76102, organized under the laws of the State of Texas and Civilian Division d/b/a GI -
Mow, a Texas limited liability company with its principal location at 4170 Willman Ave. Richland
Hills, TX. 76180 ("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 Channel
Mowing and Maintenance Services for mowing and grounds maintenance. 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 Channel Mowing and Maintenance 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. 59543. ("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
Network Access Agreement (Rev. 8/28/19) CITY SECRETARY 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 Washin¢ton (Jul 19, 2023 13:40 CDT)
Name: Valerie Washington
Title: Assistant City Manager
Date: Jul 1912023
Vendor: Civilian Division, LLC d/b/a GI -
Mow
By: 6xrfif kfpvey
Name: Curtis Kinsey
Title: Owner
Date: July 19, 2023
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
By:
Name: Kevin Gunn
Title: Director, IT Solutions
Approved as to Form and Legality
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By:
Name: Taylor Paris
Title: Assistant City Attorney
Contract Authorization:
M&C: 23-0301
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(Jul19,202313:000DT)
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
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ACITY COUNCIL AGEND
Create New From This M&C
Official site of the City of Fort Worth, Texas
FORT WORTII
'141�
REFERENCE **M&C 23- 13P23-0019 CHANNEL
DATE: 4/25/2023 NO.: 0301 LOG NAME: MOWING SERVICES EC
TPW
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Execution of Agreement with Civilian Division, LLC dba GI Mow for
Channel and Buy -Out Lot Mowing Services in an Annual Amount Up to $226,000.00 and
Authorize Up to Four Automatic Renewal Options for the Same Annual Amount for the
Transportation and Public Works Department
RECOMMENDATION:
It is recommended that the City Council authorize execution of agreement with Civilian Division, LLC
dba GI Mow for channel and buy-out lot mowing in an annual amount up to $226,000.00 and authorize
up to four automatic renewal options for the same annual amount for the Transportation and Public
Works Department.
DISCUSSION:
The Transportation and Public Works approached the Purchasing Division to procure an annual
agreement for channel and buy-out lot mowing. Under the proposed agreement the vendor will provide
mowing services on city -owned lots and channels. In order to procure the service, staff issued
Invitation to Bid (ITB) Number 23-0019. The ITB consisted of detailed specifications describing the
required responsibilities and requirements to provide these services and supplies.
The ITB was advertised in the Fort Worth Star -Telegram for three consecutive weeks: Wednesday
February 1, 2023, Wednesday February 8, 2023 and Wednesday February 15, 2023.
The City received five (5) responses. An evaluation panel, comprised of members of
the Transportation and Public Works and the Code Compliance Departments, reviewed and scored
the submittals using the Best Value criteria.
The individual scores were averaged for each of the criteria and the final scores are listed in the table
below.
(Proposer
IEvaluation Factors
I
I
Ila IIb
III
Ild IlTotal ScorellRankl
ICivilian Division LLC (dba GI Mow) II231112
1113
II40II88•00
Ill I
(Lawn Patrol, Inc.
II26II6
II13.5II28II73.02
112 I
Leon's Landscaping, LLC
1116117.5
113.5
11351161.63
113 I
IAbescape Group, LLC
11211110.5113
IIO 1134.5
114 I
IL.A.T.E. LLC
II1%6
II4.5
IIO 1125.5
II0* I
* Bidder did not achieve the minimum technical points required to be considered further, and
therefore, did not receive a ranking.
After evaluation, the panel concluded that Civilian Division LLC dba GI Mow presents both the best
value and the necessary coverage for the City; therefore, the panel recommends that Council
authorize an agreement with Civilian Division LLC dba GI Mow. No guarantee was made that a
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M&C Review
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specific amount of services would be purchased. Staff certifies that the recommended vendor bids met
specifications.
FUNDING: The maximum annual amount allowed under this agreement will be $226,000.00; however
the actual amount used will be based on the need of the department and available budget. Funding is
budgeted in the Other Contractual Services account of the Transportation and Public Works
Department's Stormwater Utility Fund.
BUSINESS EQUITY: A waiver of the goal for Business Equity subcontracting requirement is approved
by the DVIN-BE, in accordance with the Business Equity Ordinance, because the purchase off goods
or services is from sources that have negligible subcontracting or supplier opportunities.
AGREEMENT TERMS: Upon City Council approval, the agreement will begin upon execution and will
end September 30, 2023.
RENEWAL OPTIONS: This agreement may be automatically renewed for up to four (4) automatic
one-year renewal periods (October 1 to September 30). This action does not require specific City
Council approval provided that City Council has appropriated sufficient funds to satisfy the City's
obligations during the renewal term.
ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by
the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does
not require specific City Council approval as long as sufficient funds have been appropriated.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendation, funds are available in the
current operating budget, as previously appropriated, in the Stormwater Utility Fund. Prior to an
expenditure being incurred, the Transportation and Public Works Department has the responsibility to
validate the availability of funds.
BQN\\
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
d :Tel JA ■
Fund Department Account Project
ID ID
Submitted for Citv Manager's Office bv:
Oriqinatinq Department Head:
Additional Information Contact:
I_%IIII f_TS]:ILT, 141,111 K
Program Activity Budget Reference # Amount
Year (Chartfield 2)
Reginald Zeno (8517)
William Johnson (5806)
Reginald Zeno (8517)
Lauren Prieur (6035)
Jo Ann Gunn (8525)
Eugene Chandler (2057)
13P23-0019 CHANNEL MOWING SERVICES EC TPW funds availabilitv.pdf (CFW Internal)
230126 Dept Waiver signed Channel Mowing Services.odf (CFW Internal)
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Civilian Division LLC dba GI Mow SAM.aov Search.odf (CFW Internal)
FID Table for Channel Mowina.xlsx (CFW Internal)
GI Mow 1295 certificate.odf (CFW Internal)
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