HomeMy WebLinkAboutContract 57973-NA1CSC No. 57973-NA1
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 Integrated Media
Technologies, Inc., a Delaware corporation with its principal location at 3500 W. Olive Ave., Suite
640, Burbank, CA 91505, ("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 We need the remote
development team based in CA able to access Crestron processors/servers and devices on the AV network
in the chamber equipment room and through -out the chamber. We also need access to the AIO dais
workstations, VC and associated gear in the green room, Executive session room and chamber. The current
plan is, once commissioning is underway in December/January, these devices will come on-line and we
will need access to deploy software code and start testing.. In order to provide the necessary support,
Vendor needs access to for remote access into the FTW network via Internet, direct access to the AV
network in the chamber (only this portion of the network) and access to all Crestron devices in the
equipment room.
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 support to our team to provide software for only the Chamber
project. 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").
❑x Services are being provided in accordance with City Secretary Contract No. 57973.
("Contract")
❑ Services are being provided in accordance with City of Fort Worth PeopleSoft Contract No.
. ("PSK #")
El 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.
OFFICIAL RECORD
CITY SECRETARY
Network Access Agreement (Rev. 8/28/19) FT. WORTH, Tx Page 1 of 5
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
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.
Network Access Agreement (Rev. 8/28/19) Page 2 of 5
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
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 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 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. verning 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
Network Access Agreement (Rev. 8/28/19) Page 3 of 5
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 4 of 5
[Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED
AND AGREED:]
City:
By: ` —) ;
Name: Mark McDaniel
Title: Deputy City Manager
Date: Oct 21, 2024
Integrated Media Technologies, Inc.:
By: C?/
Name: _Chris Dryna '
Title: COO
Date: 10/16/24
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
By:
Name:
Kevin Gunn
Title:
Director, IT Solutions
Approved as to Form and Legality:
By: 5�
Name: Taylor Paris
Title: Assistant City Attorney
Contract Authorization:
M&C: 22-0399
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: Cynt Oct l 202411:11 CDT)
Name: Cynthia Tyree
Title: Assistant Director- IT Finance
City Secretary:
By:
Name: Jannette Goodall
Title: City Secretary
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Network Access Agreement (Rev. 8/28/19) Page 5 of 5
M&C Review
Page 1 of 3
A CITY COUNCIL AGEND
Create New From This M&C
DATE: 5/24/2022 REFERENCE NO.: **M&C 22-0399 LOG NAME:
CODE: C TYPE: CONSENT PUBLIC
HEARING:
Official site of the City of Fort Worth, Texas
FORTWORTH
21 FUTURE CITY HALL
CMAR GMP
NO
SUBJECT: (CD 9) Authorize Execution of a Construction Manager at Risk Contract with Linbeck
Group, LLC in the Amount Not to Exceed $87,076,188.00, Including an Owner's
Construction Contingency Allowance, for the New Council Chamber Building at Future
City Hall and Renovations to Future City Hall Building at 100 Energy Way
IN :[%]177IJ,12101Uv11I[91►P
It is recommended that the City Council authorize execution of a construction manager at risk contract
with Linbeck Group, LLC in the amount not to exceed $87,076,188.00, including an owner's
construction contingency allowance, for the new council chamber building at Future City Hall and
renovations to Future City Hall Building at 100 Energy Way.
DISCUSSION:
The purpose of this Mayor and City Council Communications (M&C) is to recommend that the City
Council authorize execution of a Construction Manager at Risk (CMAR) Contract with Linbeck Group,
LLC in the amount not to exceed $87,076,188.00, including an owner's construction contingency
allowance, for the new council chamber building at Future City Hall site and renovations to Future City
Hall Building at 100 Energy Way. This contract will accomplish the majority known construction work.
This work will be completed in phases. The initial phase will order material that have long lead times,
as created by the current supply issues and construction market. Following phases will remodel the
office tower, construct the new council chambers, and provide additional structured parking. These
phases will run concurrent when possible. Other amendments may be required as additional work is
defined.
On December 15th, 2020, the City Council authorized the acquisition of the former Pier 1 building,
located at 100 Energy Way, for use as the future City Hall (M&C 20-0910).
On June 22nd, 2021, the City Council authorize execution of Amendment No. 1 to the professional
services agreement with the Athenian Group, LLC, for multi -year project management services
associated with the relocation of City Hall to 100 Energy Way (M&C 21-0429). The Athenian Group,
LLC has conducted a detailed assessment of the departments and functions associated with the
relocation. They have provided a written program and illustrated diagrams to make recommendation
regarding what departments functions would move to and where they would be located at the Future
City Hall.
On November 30th, 2021, the City Council authorized execution of Amendment No. 1 to the
professional services agreement with the BOKA Powell, LLC, in the not to -exceed amount of
$5,460,279.00, including reimbursable expenses, for design and construction administration services
associated with the relocation of City Hall to 100 Energy Way. This initial contract will accomplish the
majority of design work that has been affirmed so far, but amendments may be required as additional
work is defined.
On December 2nd, 2021, the Athenian Group and the Property Management Department issued a
Request for Qualifications, to select Construction Manager at Risk (CMAR) team to provide
construction management and delivery of the construction required to build a new council chambers
building, remodel 100 Energy Way and make it suitable for use as Fort Worth's City Hall. Statements
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M&C Review
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of Qualifications (SOQs) were due January 6t", 2022. The City received 5 SOQs from qualified
construction manager at risk firms. The selection committee included representatives from the City
Manager's Office, the City Hall Steering Committee, Property Management Department, and the
Diversity and Inclusion Business Equity Office. The firms submitting SOQs were:
• Balfour Beatty, Phillips -May, Source, RPMG joint venture
• Byrne, Potere, and Post L joint venture
• Linbeck Group, RD Howard, IMT joint venture
• Muckleroy Falls and HJ Russell joint venture
• Yates, Tarrant, KAI joint venture
After reviewing the SOQs, the committee met on January 12th, 2022, to select 3 of the 5 firms for
interviews based on their rankings in a qualifying matrix. The interviews took place January 21st, 2022
and the following is a summary of the results of the interview process:
SCORING MATRIX TABLE:
CMAR Contractor
Balfour Beatty,
Byrne,
Linbeck, RD
Evaluation
Phillips -May,
Potere,
Howard, IMT
Source, RPMG
Post L
Proposed Fees
53
55
53
Experience &
References CMAR
16
10
19
PROJECTS
Buisness Equity Plan 11 7 11 1511 10
Knowledge of City 7 7 10
Procedures
TOTALS 83 87 92
On the 12th of April 2022, the City administratively executed a contract for pre -construction services
for an amount totaling $98,500.00. At this time city staff recommends execution of a CMAR
construction contract with Linbeck Group, LLC in the amount of $87,076,188.00, to be delivered in
phases to address current construction costs and material lead times.
The overall project costs are expected to be as described in table below:
PROJECT COST
Initial Building Purchase
Professional Services (Project Management &
Design Contract)
CMAR Construction Contract (Including Owner's
Construction Contingency Allowance)
Administrative Costs (Staff Time, Additional ITS,
AV, Security, Building Infrastructure, Major
Maintenance, FF&E, and Moving Costs)
Project Contingency
11
PROJECT TOTAL 11
TOTALS
$69,500,000.001
$10,360,279.00
$87,076,188.00
$6,690,000.00
$6,882,478.001
$180,508,945.00
This project is funded from a mix of funds, including Tax Note 2021 A. Tax Note 2022, ARPA, PEG,
Operational. Available resources within the General Fund will be used to provide interim financing
until debt is issued. Once debt associated with the project is sold, proceeds will reimburse the
General Fund.
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M&C Review
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There are several operating and maintenance costs associated with the Future City Hall. These costs
will be better defined as the phases are designed, and the sale of annexes and other downtown
facilities are realized. The annual operating and maintenance cost will be presented to City Council at
a future date.
Waiver of Building Permit Fees - In accordance with the City Code of Ordinances, Part II, Chapter
7-1 Fort Worth Building Administrative Code, Section 109.2.1, Exception 2; "Work by non -City
personnel on property under the control of the City of Fort Worth shall be exempt from the permit fees
only if the work is for action under a contract that will be or has been approved by City Council with
notes in the contract packages stating the fee is waived."
DIVERSITY AND INCLUSION BUSINESS EQUITY OFFICE: Linbeck Group, LLC is in compliance
with the City's Business Equity Ordinance by committing to 30\% MWBE participation on this project.
The City's MWBE goal on this project is 30\%.
The new City Hall is to be located in COUNCIL DISTRICT 9 but will benefit all council districts.
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The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the Grants Cap Projects Federal, Cable TV Peg, Tax Note 2021 A and Tax Notes
2022 Funds for the City Hall Move 100 Energy Way project to support the approval of the above
recommendation and execution of the contract. Prior to any expenditure being incurred, the Property
Management Department has the responsibility of verifying the availability of funds.
TO
Fund Department I Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfic 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID I Year (Chartfield 2)
Submitted for Citv Manager's Office bv: Dana Burghdoff (8018)
Oriciinatina Department Head: Steve Cooke (5134)
Additional Information Contact: Brian Glass (8088)
ATTACHMENTS
21 FUTURE CITY HALL CMAR GMP funds availabilitv.Ddf (CFW Internal)
Compliance Memo -- CMAR Citv Hall Renovation - Executed 2022.Ddf (CFW Internal)
CoiDv of FUTURE CITY HALL CMAR GMP FID TABLE.4.28.xlsx (CFW Internal)
Easement SURVEY -PIER 1-FINAL.Ddf (Public)
Future Citv Hall CMAR GMP maD.Ddf (Public)
GL0019-07 - Proiect Budget Summarv.Ddf (Public)
Linbeck - SAM GOV.Ddf (CFW Internal)
Linbeck 1295.Ddf (CFW Internal)
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