HomeMy WebLinkAboutContract 41415CITY SECRETARY 4 L_{
CONTRACTNO . I lS
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 1000 Throckmorton 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 Pam Durgan with its
principal location at 3220 Rock Springs Road, Fort Worth Botanic Garden, ("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 research and
information on nutrient loading of waterways in the Botanic Garden. In order to provide the necessary
support, Contractor needs access to Network systems including Internet, Intranet, email, and GIS.
2. Grant of Limited Access. Contractor is hereby granted a limited right of access to the City's
Network for the sole purpose of providing research and information on nutrient loading of waterways in
the Botanic Garden. 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 Contractor with Network Credentials consisting of
user IDs 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, then , this
Agreement will expire at the completion of the contracted services, or upon termination of the contracted
services, whichever occurs first. Services are being provided in accordance with City Secretary Contract
No.
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 (30) days prior to the scheduled annual expiration of this Agreement, the
Contractor has provided 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, employees or representatives may
not share the City-assigned user IDs 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 to Contractor pursuant to this Agreement shall be grounds for the City immediately to deny
Contractor access to the Network and Contractor'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, Contractor agrees to remove entirely any · nt or communications
Vendor Network Access Agreement
OFFICIAL RECORD
CITY SECRETARY
FT. W 14;1fit20 9
software provided by the City from all computing equipment used and owned by the Contractor, its
officers , agents , servants , employees and/or representat ives to access the City's Network .
7. Information Security. Contractor 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 . Contractor agrees to notify the C ity 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 Contractor-owned equipment that conta ins C ity-provided access software , termina ti on
or resignation of officers, agents, servants , employees or representatives w ith access to City-provided
Network credentials , and unauthorized use or sharing of Network credent ials .
8. LIABILITY AND INDEMNIFICATION. CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE
FOR ALL DAMAGES THAT THE CITY MAY INCUR DIRECTLY ON ACCOUNT OF ANY BREACH OF
THIS AGREEMENT BY CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES .
THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES , SHALL NOT BE LIABLE FOR
ANY DAMAGES THAT CONTRACTOR MAY INCUR AS A RESULT OF THE CITY'S RESTRICTIONS
TO OR DENIAL OF ACCESS TO CONTRACTOR'S DATA ON ACCOUNT OF ANY BREACH OF THIS
AGREEMENT BY CONTRACTOR, ITS OFFICERS , AGENTS, SERVANTS OR EMPLOYEES, OR FOR
ANY REASONABLE SECURITY MEASURES TAKEN BY THE CITY . IN ADDITION, CONTRACTOR
SHALL 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 CONTRACTOR, ITS OFFICERS, AGENTS,
SERVANTS AND/OR EMPLOYEES. CONTRACTOR, AT CONTRACTOR'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 CONTRACTOR, ITS
OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
9 . Confidential Information. Contractor , 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 wr itten approval of the City. Contractor
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 . Contractor
shall not ify the C ity immediately if the security or integrity of any City information has been compromised
or is believed to have been compromised .
10. Right to Audit. Contractor agrees that the City shall , during the initial term, any renewal terms ,
and until the expiration of three (3) years after termination or exp irat ion of this con tract , have access to
and the right to examine at reasonable times any d irectly pertinent books , data , documents , papers and
records , both hard copy and electronic, of the Contractor involv ing transact ions relat ing to this
Agreement. Contractor agrees that the City shall have access during normal work ing hours to all
necessary Contractor facilities and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of th is section. The City shall g ive Contractor
reasonab le advance notice of intended audits. Contractor further agrees to include in all its
subcont ractor ag reements hereunder a provision to the effect that the subcont ractor agrees that the C ity
shall , during the in itial 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 tha t 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 provision flif1l'fts""tra1"21'('lra-t~--
City shall give subcontractor reasonable notice of intended audits . OFFICIAL RECORD
Vendor Network Access Agreement
Pam Durgan
2
CITY SECRETARY
FT. WORTH, TX
Rev . 12/10/2009
11. Agreement Cumulative. This Agreement is cumula tive of and in add it ion to any written
contracts, agreements , understand ings or acknowledgments w ith the C ity signed by Contractor. This
Agreement and any other documents incorporated herein by reference constitute the entire
understand ing and Agreement between the City and Contractor as to the matters contained here in
regarding Contractor'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 wr itten instrument signed by an authorized
representat ive of both the City and Contractor.
13. Assignment. Contractor may not assign or in any way transfer any of its interest in th is
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
val idity, legal ity and enforceability of the remaining provisions shall not in any way be affected or
impaired .
15. Force Majeure. Each party shall exercise its best efforts to meet its respective duties and
obligat ions as set forth in this Agreement , but shall not be held liable for any delay or omission in
performance due to force maj eure or other causes beyond the ir reasonable control (force majeure),
including , but not limited to , compliance with any government law, ordinance or regulation , acts of God ,
acts of the publ ic enemy, fires, strikes, lockouts, natural disasters, wars , riots , material or labor
restrictions by any governmental authority, transportation problems and/or any other s imilar 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 Authority. The signature below of an authorized representative acknowledges that the
Contractor has read this Agreement and agrees to be bound by terms and conditions set forth herein .
ACCEPTED AND AGREED:
By : ____________ _
Assistant Ci
M & C : __ __,_=~~=-----
Vendor Network Access Agreement
Pam Durgan
3
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
R ev . 12/10/2009
Volunteer Personnel
limited Access Acknowledgment
Thank you for choosing to be a volunteer for the City of Fort Worth!
As you assist customers and citizens of the City, your role may require that you be provided access to the
City's computer systems, data and networks. If you do require access to the Network, you will be provided a
unique user ID and password. With your personal User ID comes certain responsibilities outlined in this
Limited Access Acknowledgement ("Acknowledgement").
By signing below, you acknowledge the following:
I understand and acknowledge that it is my responsibility to comply with the City of Fort Worth ("City")
Administrative Regulation 0-7, Electronic Communications Use Policy ("AR-07"), as applicable, which
establishes the citywide policy for the use of Electronic Communications Systems, Services and Resources
("Network"). Electronic Communications Resources subject to this Acknowledgement are the property of
the City of Fort Worth and are generally to be used for business purposes only . I agree that:
• I will protect my password, and will not share it with anyone .
• I will allow no one else to use my personal user ID to gain access to the Network.
• I will not engage in prohibited conduct or inappropriate use of Electronic Communications
Resources as described in AR-D7 .
• Any document or information I create is considered the property of the City of Fort Worth, and is
subject to applicable state regulation pertaining to the Public's right of access to such information.
• I will not copy or duplicate electronic information for use with any non-City computer except as
necessary to fulfill the responsibilities of my role as a volunteer.
• All Network activity may be monitored for any reason deemed necessary by the City .
• My Network user ID will be deactivated if my volunteer duties and responsibilities no longer require
Network access.
• A breach of any of the foregoing provisions may result in the revocation of Network access
privileges and/or termination of my volunteer status .
The City may terminate access at any time and for any reason with or without notice and without penalty to
the City . As long as access is provided, this Acknowledgment must be renewed annually.
Acknowledged and Accepted :
PACS/Botanic Garden .
Pam Durgan
~Jt~
Signature ~ /:2-· 2-10
Dat~
Submit form to IT Solutions -Information Security Division Rev : 2/23/2009
FORT WORTH
January 13, 2011
To:
From:
Susan Alanis, Assistant City Manager
Richard Zavala, Director 1:Q.Q.Q,D
Parks and Community Se,ces Uep~~
JAN 2 5 2011
Subject: VOLUNTEER ACCESS TO CITY SYSTEMS -PAM DURGAN
Pam Durgan, an engineering student, has volunteered to provide research and
information on nutrient loading of waterways in the Botanic Garden. Data will be
collected from diverse GIS sources and from the field with remote sensing
equipment. Data will be coalesced into a database and analyzed.
She will need access to City Network systems including Internet, Intranet, email,
and GIS to assist the Botanic Garden staff with this project.
In accordance with AR-D7, Ms. Durgan has completed the necessary paperwork,
which is attached for your approval.
~~e:.
fv' l.l 7 ~ ~ '2.-t-,"2-~
c::,.. r"\ r\. u ..-\ \ ~ ~ ...... ~
C: Sandra Youngblood, Assistant Director, PACS ~.:z.<---t · f
Henry Painter, Director, Fort Worth Botanic Garden
PARKS AND COMMUNITY SERVICES DEPARTMENT
THE CITY OF foRT W ORT H * 4200 S OUTH F REEWAY * F ORT W ORTH , T EXAS 76115-1499
817-871-PARK * FAX 817-871-5724 !; Pr in ted on recycled pa per