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Home My WebLink AboutContract 28398�� LINIITED ACCESS AGREEMENT �Q[��- �� ' �� This LIMITED ACCESS AGREEMENT ("Agreement") is made and entered into by and between the C�TY OF FORT WORTH {'"City"), a horne rule municipal corpora#ian orgatuzed under the laws o� the State of Texas and situated in portions of Tarrant and Denton Counties, Texas, and Canas & Flores Law Office ("Contractar"'}. The following statements are true and correct and forn� the basis of �his Agreement: A. B. The City owns and operates a file server computer system and netwaxk {collectiv�ly the "Network" }. Contractar wishes to access the City's mainframe in order to gain access to court file�. C. Contractor has access to court fil�s using City's equipment at City's location that is on the City's Network. Contractor has requested access to the City's Network in order io research his court files from a remote location. The City is willing to grant Cantractor access to the Neiwork, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, the City and Contractar hereby� agree as follows: 1. GRANT �F LIMTTED ACCESS. Coniractor is hereby grranted a limited right ta access the City's Network the sole purpose of analyzing Contractar's own Data pursuant to Municipal Court Services. Because Contractor can enter the City's Network anly through the City's carnput�r security systems, the City will provide Contractor with a password and access number ar nuznbers. 2. COMPENSATION TO CITY. In return for the City's provision ta Contractor of limiied access to the City's Network, Contractor shall pay the City fees at the rat�s sei farth in Exhibit 1, attached hereto and hereby made a part of this Agreernent far a11 purpos�s. Contractoz` shall pay the fees wiihin thirky (30} days fol�owing receipt of an invoice for the same from th� City. The �ee shall he payable to th�e City of Fort Warth, IT Solutions Department, Attn: IT Chiaf Financial Officer, 1000 Throckmorton Street, Fart Worth, TX 76102. The City shall have the right ta deny Contractor ace�ss to the Network and Contractar's Data if the City has not received paytneni far any invoice submitted to Conirac�or within ihirty (30) days o�receipt. The City shall have the rights to revise the rates at any time upon thirty (30) days writien notice to contractor. 3. NETWORK RESTRICTIONS. 3.1. Contractor may not share the password or access number or numbers provided by the City except with Contractor's officers, agents, servants or employees as may reasonably be r�quir�d. Ua��{� � , ^��,� , .' ,�1'�'7 3.2. Contractor may not aceess the N�tworlc for any purpose othar than analyzing Contractor's awn Data. 3.3. Contractar acknawledges, agrees and hereby give� its authorization that the City may rnonitor Contractor's use of ihe City's Network in arder to ensure Contractor's complxance with this Agreement. 3.4. A breach by Contractor, its officers, agents, servants or employees, of this Agreement and any oiher wriiten inst�-uctians ar guidelines that the City provides to Contractor pursuanfi ta this Agreernent shall be grounds for the City irnxnediately to deny Contractor access to the Network and Contractor's Data in addition to any o�her remedies thafi the City may have under thi� Agreernent ar at law. 3.5. The City a�ra�ay terminate this Agreement at any time and for a�y reason. 4. LIABTLITY AND INDEMNIFICATION. C0IVTRAGTOR SHA�L BE LIABLE AND RESPONSIBLE FQIl ANY AND ALL DAMAGES TI�AT THE CITYMAYINCUR DrRECTLYONACCOUNT OFANYBREACH OF THIS AGREEMENT BY CON7'RACTOR, ITS OFFIC�RS, AGENTS, SERYANTS OR EMPLOYEES. THE CITY, �TS OF'F'ICER.S, AGENTS, SERl�ANTS A1VD EMPL�YEES, SHALL NOT BE LIABLE FOR ANY DAMAGES' THAT CONTRACTOR MAY INCUR AS A RESULT DF THE CITY'S RESTRICTION'S TO 4I2 DENIAL O.F ACC'E.SS TD CONTRACTOR'S DATA ON ACCOUNT 4F ANY BREACH OF THIS AGREEM�NT BY CONTRACTOR, 1'TS OFFICERS, AG�'NT'S, SERVANT'S OR EMPLOYEES, OIZ FOR A1VY REASONABLE SECURITY MEAS URES TAI�EN B Y THE CITY. IN ADDITION, CONTRACTOR SHALL BE LIABLE AND RESPQNSIBLE FOR ANYAND ALL PROPERTYLOSS, PROPERTYDAMAGE AND/DIZ PERSONAL INJURY, INCL UD1'NG DEATH, AND ALL CLAIMS, DEMANDS AND .IUD GMENTS THEREFUR, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(SJ OR OMISSION(S) �R INTENTI�NAL MISC4NDUCT' OF CONTRACTOR, ITS OFF�CERS, AGENTS, SERYANTS AND/OR EMPLOYEES. CONTRACTOR, �lT CONTRACTOR'S OA'N COST OR EXPENSE, HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD H'ARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMP�OYEES FROM AND AGAINST ANY CLAIM, LAWSUIT', DEMAND OR OTHER ACTION TO THE EXTENT THAT THE SAME ARISES FROM �"HE NEGLIGEIVT ACT(S} OR 4MI�'SIDN(S) OR IIVTENTI4NAL M1"SCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SER l�'ANTS OR EMPLOYEES. 5. AGREEMENT CUMULATYVE. This Ag�c�eement is cumulative of and in addition to any written contracts, agreements, undersiandings or acknowledgments with the City sign�d by Contractor. �. ENTIRE AGREEMENT. The terms of this A�reement shall not be waived, altered, modified, supplemented, or amended in axry manner excepi by written instru�i�nt signed by an autharized representafive of both the City and Contractor, This Agreement and any other doc�aments inco�rporated herein by reference constitute the entire understanding and agreenr�ent between the City and Contractar as to the matters contained herein regardin.g Contractor's access to and use of the City's Network. Any priar ar contemparaneous oral or written agxeement is hareby declared null and void ta the extent in conflict with any provisions of ihis Agreement. Th� signature below of an authorized representative acknawledges �hat the Cont�ractar has read this Agreement and agrees ta be bound by terms and condiiions set fortb herein. IN ��NESS WI3EREOF the parties hereio have executed this Agreenc�ent on this ��= day o f �C'.�['v0.t� , 0�04 . � � - C�TY OF FORT WORTH: By: � C arles Boswell Assistant Cit� Manager ATTE�': � , � r _ � i• By: .�iG1 � —,__ _,.�1r%' �`ity Secr ary CAN�AS & FLORES By: � .C.�� Autho�ized SignatuYe Printed Name: �� v ( l��✓�� Ti�le: �Lh c�� i ��f��t.)�7�,«-- ATTEST: �� APPROVED AS TO FORM AND LEGALTTY: c By. a�.s� � , � Assist t City At orne�r M & C: none required -I 1�� "'�nw9rr � Exhi�it l� Rat,es The rates set forih below axe the curreni prices for services provided. � Batch & Databas� Processing CTCS Transaction Lines Printed Network Dial-in Service � Network Di al-in S etup Each ra�e is describ�d below. Batch & Database Processing CICS Transaction Lines Printed Network Dial-in Service Network Dial-in Setup $C.15 Per Minute $O.OQ�S Per Traxisaction $O.Q005 Per Line $60.00 Per Sign-on/Manth $180.00 Each Batch Processing includes nighttime mainfrarne computer processing, disk storage, tape starage, and utilization of ancillary equipment as we11 as ali DB2 Database Processing. Batch Processing is generally associated with report ganeratian and nightly updating of production comput�r systems (e.g., MARS}. The cost for printing reports created by Batch Processing are not included in this service CICS Transactions represent t�� cornplete cost of online transaction pracessing. A txansaction is always initiated by a user on ihe CICS {Cusiomer In�armation and Control Systern) tran.saction processing system. A user initiates a t�ansactaan by hitting the ENTER and SEND l�eys. Each line printed on a laser printer or an impact printer are counted and a charge per printed line (regardless of the number of characters printed on the line). Network Dial-in Service pravides access to network functions from any location in Nortk� America. Dial in service requires the customer PC ta have a modem, Windows 9S, 98 ar Windows NT Workstation, and Dial� up Networking capability (a standard capability of those operaring systems). Unlimited use is included in this service. This seivice f�e is a one-iime setup charge that zncludes setting up security and sign-ons to the systems as well as con�guration o� a customer supplied PC for dial-in service capability. Customer rnust supply the PC system unit for conf'iguration by th� City prior to dialing into the system. �