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Home My WebLink AboutContract 28414�lYY ��P�� `� � ��N�RAG� �. - - ,� LIMITED ACCESS AGREEMENT Th�is LIMITED ACCESS AGREEMENT ("A�reement") is made and entered into by and hetween the CITY �F FORT WORTH ("City"), a home rule municipal corporation organized u�der the laws of the State of Texas a.�d situated in portions of Tarrant and Denton Countzes, Texas, and L�ne Star Professianal Services ("Contractnr"). The following statements are true and conrect and form th� basis of this Agreement: A. T`he Ci.ty owns and aperates a file ser�er computer system and netvvork (collectively the "Network" ). B. Cont:racior wishes to perform third party plan review and inspection services for construction projects in the City ("Inspectivn Services"). Contzactor has compl�ted and signed an "Application for Certification for a Third Pariy Organization" and currently is certafied by the City's Development Deparf�iez�t as a thirc� party organization to perform plan review and inspec�ion services in the City. C. Contractor has cert�in data associated with �nspection 5ervices ("Data"} on the City's Network. Contractor has requestcd access to the City's Netwark in o�der to carry out Inspection Se�rvices. The City is willin� to grant Contractor access to the Network, subject to the terms and condi�ia�s set forth in this Agreement. NOW, THEREFORE, the City and Cont�actor hereby agxee as %llows: 1. GR�iNT OF LYMITED ACCE5S. Con�ractor is hereby granted a limited right to access the City's Network the sole.purpose a� analyzing Co�.tractor's own Data pursuant to Contractor's Inspection Services. Because Coniractor can enter the City's Network only through the City's computer security sysiems, the Ciiy will provide Contractor with a password and access number or numbers. 2. COMPENSATION TO CTTY. In return for the City's provision to Contractor of limited access to the City's Network, Contractar shall pay the City fees at the rates set forth in Exhibit 1, attached hereta and hereby �ade a part of this Agreement for all pt�rposes. Contractor shall pay the fees within thirty (30} days following receipt of an invoice foar tbe same from the City. The fee sha11 be payable to the City of Fort Worth, IT Solutions Departz�r�enf, Atitn: TT Chief Financial Qfficer, 10a4 Th�ockmorton 5ire�t, Fort Worth, TX 76102. The City shall have the right to deny Contractor access ta the Netwo�'k and Coniractor's Da#a if the City has nofi receirred paym�nt for any invoice submitted t� Contractor witlain �hirty (30) days of receipt. The City shall have �he rights io r�vise the rates at any time upon thirty (30} days written notice to contractor. 3. NETWORK RE��2TCTYONS. 3.L Contractor may not share the password ar aceess number or numbers provided by the City e�cept with Contracior's officers, agents, serv�nts or employees as may reasonably be required. 3.�. Contractor may not access the Network for any puipose other than ana�yzing Cantractar's own Data. 3.3. Contractor acknowledges, agrees and hereby gives its authorization that the City rnay monitor Contractor's use of the �ity's Network in order to ensure Contractor's compliance with this Agreemeni. 3.4. If the City revokes Contractor's certification to perform Inspection Services, Contractor shall irnmediately (i) cease its use of #he City's Network and (ii) notify the Director of the City's Tn�or�ation Technology Solutions Department or authorized represen�ative. 3.�. A breach by Contz'actor, its offieers, agents, servants or employees, of this Agreern�nt and any other written instruc�ions or guidalines that the City provides to Contractor putsuant to this Agreement shall be grounds �ox the City immediately to deny Cantractor access to the Netwoxk and Cantr�ctor's Data in addition to any other remedies ihat th� City may have under this Agreement or at law. 3.6. The City rnay t�rrninate this Agreement at any iirne and for any reason. 4. LYABILITY AND INDEMNIFICATION. CONTRACTOR SHALL BE LIABLE AND RE,SPONSISLE FOR ANY AND ALL DAMAGES ?'HAfiTHE CITYMAYINCUR DIRECTLYONACCOUNT 4FAIVYBR�ACH OF TI�IS AGREEMENT BY CONThACTOR, ITS OFFICE�S, AGEN7"S, �ERYANTS aR EMPLOYEES THE CITY, IT5 OFFICERS, AG.�NTS, SL�RYANTS AND EMPLOYEES, SI�A�L NOT' BE LIABLE FQR ANY DAMAGES T HAT CONTRACTOR NfAY INCUR AS A RESULT OF THE CITY'S RE,STRICTIONS TO OR DEMAL OF ACCESS TO CONTRACTOR'S DAT'A ON ACCOUNT OF ANY BllEACH OF THIS AGREE1l�TENT BY CONTRACTOR, .ITS OFFICERS, AGENTS, S�RYANTS OR ENfPLDYEES, OR FOR ANY REASONABLE SL�CURI�Y 1VfEASURES TAIfEN BY THE CITY. I1V ADDITION, C4NTT2ACTOR SHALL �E LIABLE AND RESPONSIBLE FOR ANYAND ALL PROPERT'YLOSS, PIZOPERTYDAMAGE AND/OR PERSONAL IIVJURY, INCL UDING DEAT�`I, AND .AL� CLAIMS, DEM�NDS AND JUD GMENTS TH�REFOR, TO THE EXTENT CAUSED BY THE NEGLIGEIVT AC�"{S) OR O11�IS5ION(S) OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERYANTS A1VD/QR EMPLDYEES COIVTRACTOR, AT CONTRACTDR'S OWIV COS� OR EXPENSE, HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE GI7'Y, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES FROM A1VD AGAl'NST ANY CLAIM, LAWSUIT, I)EMAND OR OTHER ACTION TO TSE EXT'ENT TI�AT THE SAME ARISES FROM THE NEGLIGENT ACT(S) OR OMISSION(5) OR INTENTIONAL MISCONDUCT OF CONTRACTOR, IT'S OFFICERS, AGENTS, SERVANTS OR EMPLDYEES. 5. A�REEMENT CUMULATIVE. This Agreernent is cumulative of and in addition to any written contracts, agreements, understandings or acknowledgrnents with the City signed by Contractor. 6. ENTIRE AGREEM�NT. The terms of this A�eement sha11 not be waived, altered, modified, supplemented, or amended in any manner except by written instrument sigried by an authorized representative of both the City and 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 Cantractor's access ta and use of the City's Network. Any priar or contemporaneous oral or written agreement is hereby declared null and void �o the extent in conflict with any provisions of this Agreement. The signature below of an authorized representative acknowledges that the Contractor has read this Agreement and agrees ta be bound by t�rms and conditions set fartih herein. IN W&TNESS WHEREOF, the parties hereto have executed this Agreement on this �`r day of �G1f` C �--� , a�-�� CITY OF FORT WORTH: By:__ � ' Charles Boswell Assistant City Manager ATTE�': LONE STAR PROFESSIONAL SERICES: I: �,. _ �.�,� �= �,! � - / '�. , . , Printed Name: ��3 �� n ��.l� Title: P,��-'�� ATTEST: $' I «. � - ' 'l 9 = _ Y�. `City SeCTetary � �� 1�--C ��Qy� �ta�tt��et 1�uthcar3,��t�o�a i ,J 1 r 3 �� APPROVED A� TO FORM AND LEGALITY: . ` By: -� - ..? �f�' ;;G, � `� Assistan�ity Attomey M & C: none reauired Exhibi� I Rates The rates sst forth below are the current prices for services provided. Batch & Databa5e Processing CrCS Transaction Lines Printed Network Dial-in Sexvice Network Dial-in Setup Each rate is described below. Batch & Database Processing CICS Transactian Lines Printed Network Dial-in Service Network Dial-in Setup $6.15 Per Minuie $0.4�45 Per Tzansactian $0.0005 Per Line $60.00 Per Sign-on/Mani�i �iso.ao Each Batch Processing includes nighttirne mainfram� computer proces�ing, disk siorage, tape storage, and utilization of ancillary equipment as we11 as all DB2 Database Processing. Batch Processing is generally associated with report generaiiQn and nightly updating of production computer systems {e.g., MAR5). The cost for printing re�arts created by Batch Processing are not included in this service CICS Transactions represent the complete cost of online transaction processing. A transaction is always ini.itiated by a user on the CICS (Gusiomer Information and Contxol System) transaction processing system. A user initiates a transaciion by hitting the ENTER and SEND keys. Each line printed on a lasear printer or an impact printer are count�d and a charge per printed line (regardless of the nurnber of characters printed an the line). Netvvark Dial-in Service provides access to network functions from ax�y location in North America. Diai in se�wice requires the customer PC to have a modem, Windo�vs 95, 98 ar Windvws NT Workstatzon, and Dial- up Networking capability (a standard capahility af those op�rating systems). Unlim�tted use is included in this service. This service fee is a one-time set-up charge that includes seiting up security and sign-ons to the systems as w�ll as confguration of a customer supplied PC for dial-in sexvice capability. Customer must supply the PC system unit for configuration by the City prior to dializ�g into the system. E