HomeMy WebLinkAboutContract 44694 CITY 00�A Ry J I
NETWORK ACCESS AGREEMENT CONTRACT NO* qL1
This NETWORK ACCESS AGREEMENT' '"Agreement" as made and entered into by and
between the CITE" of FORT WORTH "City"), a horse rule municipal corporation with its principal
location at 1000 Throekmorton Street, Fort Worth, Texas 76102, organized under the laws of the State of
Texas and situated in portions of Tarrant,, Denton and Wise Counties, Texas, and T eyr Consulting
Group, wa Texas corporations, with its principal location at 2300 valley View Dane, Ste. 332, Irving, TX
75062, ("Contractor").
1. The Network., The City owns and operates a computing environment and network (collectively
the "'Network"). Contractor wishes to access the city=s network in order to provide temporary staffing
augmentation services. In order to provide the necessary support, contractor needs access to Internet,
Intranet, and e-mail].
2. Grant of Limited Access. `ontractor is hereby granted a limited right of access to the City's
Network cork far the ,sole purpose of providing temporary staffing augmentation services.. Such access is
granted subject to the terms and conditions forth in this Agreement and applicable provisions of the City's
Administrative Regulation ( lectronic 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 contractor with Network credentials consisting of
user IlDs and passwords unique to each individual requiring Network access on behalf of the contractor..
Access rights will automatically expire one 1 year from the date of'this Agreement. If this access is being
granted for purposes of completing services for the city pursuant to a separate contract,1 then this
Agreement will expire at the completion of the contracted services, or upon termination of the contracted
1.
services, whichever occurs first. This agreement will be associated with the Services designated below.
1 � r �
Services are being provided in accordance with city Secretary Contract o.
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Services are being provided in accordance with city of Fort Worth purchase order Flo. 13-78420.
E' Services are beiing provided in accordance with the Agreement to which this access Agreement
is attached.
No services are being provided pursuant to this agreement..
4. Renewal. At the end of the first year and each year thereafter, this agreement may be renewed
annually if the following conditions are met.
4.1 contracted services have not been completed.
4.2 Contracted services have not been terminated.
4.3 Within, the thirty 3 days prior to the scheduled annual expiration of this a reement, the
Contractor has provided i the City with a current list of its officers, agents, servants, employees or
representatives requiring Network credentials.
Notwithstanding the scheduled contract expiration or the status of completion of services, contractor 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. contractor officers, agents, servants,1 employees or representatives may
not share the city-assigned user ICs and passwords. contractor acknowledges, agrees and hereby gives
its authorization to the City, to monitor contractor's use of the city's Network in order to ensure
Contractor's compliance with this agreement. A breach by Contractor, its officers, agents, servants,
employees or representatives, of this Agreement and any other written instructions or guidelines that the
City provides,
p e grounds mediatel to deny
p wades to contractor pursuant to this
Agreement shall
Contractor access to the Network and Contractor's Data, terms a e the A re pursue and other
remedies that the city may have under this Agreement or at,la "Ifflo
CITy S
enclor Network Access Agreement Rev. X02 2 1
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appropriate work space in order to conduct audits in compliance with the provisions of this paragraph.
City shall give subcontractor reasonable notice of iintended 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 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 Contractor's access to and use of the city's,s, Network.
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12. Am:enidments. The terms of this Agreement shall not be waivied, altered, modified,
supplemented, or amended in any manner except by written instrument signed by an authorized
representative of both the City and Contractor.
13. As§1 nment, Contractor 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. Severabl"lliltv. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining piroviisioins shall'i not in any way be affected or
impaired.
1 . 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 diue to force majeure or other causes beyond their reasonable control (force majeure):,
including, but not limited to, compliance with any golvern ment 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- Governinn Law I 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 sh�a,lll lie in state courts located, in Tarrant County, Texas or the United
States District Court for the Noirthern District of Texas, Fort Worth Division.
17. Signature Au"t'hor.11'Ity. By affixing a signature below, the person sigining 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 two 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, TO FOLLOW]
Vendor Network Access Agreement 3
TBey Consulting Group,, a Texas corporation, Rev. 08/24/20 12
ACCEPTED AND AGREED:
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Vendor Network Access Agreement 4
TBey Consulting Group, a Texa�s,corporation, Rev.08/24/201.2
'11v4&C Review Page I of 2
Official site of the City of Fort Worth,Texal's
For W,oRTH,
C IT v. IAL"0 U NC"l L AG E N DA
COUNCIL ACTION: Approved on 7/9/20113
0 13P13-0066 PROF
DATE: 7/9/2013 REFERENCE NO.: **'P-1 1540 LOG NAME, TEM,P SERV CC
CODE: ` TYPE:0 CONSENT PUBLIC NO
HEARING-
0
SUBJECT,%, Authorize Non-Exclusive Purchase Agreements with Makro Technologies, Inc., P,.I.E.
Management, LLC, TBey Consulting Group, Inc., and TS Staffing Services, Inc., for a
Combined Amount Up to $525,000.00 for the First Year, to Provide Temporary
Professional Employment Services to the City of Fort Worth (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize Non-Exclusive Purchase Agreements with Makro
Technologies, Inc., P.,I.E. Management,, LLC, TB1ey Consulting Group, Inc., and TS Staffing Services,
Inc., for a combined amount up to $525,000.00 for the first year, to provide temporary professional
employment services to the City of Fort Worth.
DISCUSSION:
City Departments will use these Non-Exclusive Purchase Agreements to acquire professional 0/0"
personnel on a temporary basis from private employment agencies to work in conjunction with
Staff.. The length of assignments,will:l vary from a few weeps to several months. Temporary
professional personnel will fill positions primarily vacated by City employees, Lintil vacancies are
filled. Positions include auditing, accounting and buyers. Additionally, these staffing services will
provide laboratory personnel qualified to operate a laboratory based on Texas Commission on
Environmental Quality accreditation standards.
The Invitation to Bid, consisted of detailed job,descriptions furnished by the H uman Resources
Department describing experience and education the selected candidates must possess. The
departments certify Makro Technologies, Inc., P.I.E. Management, LLC, TBey Consulting Group, Inc.,
and TS Staffi ng Services, Inc., meet the requirements stated in the specifications.
It is recommended that multiple Agreements be awarded to ensure personnel is provided in a timely
manner. As staffing needs arise, Staff will notify the agencies of the needs and requirements. Under
these Non Exclusive Agreements, the department will request services according to cost and
availability.
No guarantee was made that a specific amount of services would be purchased. The departmen:ts,
have included sufficient resources in their budgets to acquire this service on an as-needed basis.
PRICE ANALYSIS -The changes in pricing average an increase of four percent compared to pricing
that has been in effect since September 20018, as awarded by City,Council (M&C,P-108401). Overall,
prices are considered fair and reasonable.,
BID ADVERTISEMENT-This bid was advertised in the, Fort Worth 'tar-Tele gram on January 310�,
2013, February 6, X013, February 13, 2013 and February 20, 2013. Twenty-two vendors were
solicited from the purchasing database; six responses were received.
BID TABULATION - See attached bid tabulation.
M/WBE -A waiver of the goal for CBE/SEE subcontracting requirements was requested by the
Purchasing Division and approved) by the M/WBE Office, in accordance with the B Ordinance,
because the purchase of goods or services is,from sources,where subcontracting or supplier
http:,//apps.,cfwnet.org/council_packet/mc—review.asp' ID=l 8501&counc1*1date=7/9/2013 8/2/2013
--,M&C Review Page 2 of 2
opportunities, are negligible.
ADMINISTRATIVE CHANGE ORDER -An Administrative Change Order or increase may be made
by the City Manager in the amount up to $5�0,00:0.0,0 and does not require specific City Council
approval as long as sufficient funds have been appropriated.
AGREEMENT TERMS - Upon City Council approval, these Agreements shall begin on July 10, 20,13
and end July , 2014.
RENEWAL OPTIONS -This Agreement may be renewed for up to,four additional one-year terms at
the City's option. This action does not require specific City Council approval provided that the City
Council has appropriated sufficient funds to satisfy the Ciity's obligations,during the renewal
term., Staff anticipates that the costs for renewal years shall remain approximately the same as the
first year.,
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budgets, as appropriated, of the participating departments.
BQN\1 3-0066\CC
TO Fun�d/Account/Centers FROM Fund/Account/Centers
Submj"fted for twit y Manager's Offic Susan Alanis (818o)
Oriciiinating Department Head: Jay Ch�apia (815117),
Jack Dale (8357)
Add"tionall Information Contact*
Cris'll-ina, Camarillo (8355)
ATTACHMENTS
BID TAB 13-00616
http://app,s.cfwnet.,org/counckpacket/mc—revi ew.asp'?1D=18501&councildate=7/9/2013 81212013