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HomeMy WebLinkAboutContract 62113-A1FoRTWORTH. Routing and Transmittal Slip Water Department DOCUMENT TITLE: First Amendment to VSA with Agilent Technologies, Inc. M&C: CPN: CSO TO Jason Lyssy, IT Manager, Water Department Rick Lisenbee, Sr. IT Manager, Water Department Lindsay Beth Willett, Bids Response Specialist lindsay.willett@agilent.com Shane Zondor, Assistant Director, Water Department Jan Hale, Deputy Director, Water Department Chris Harder, Director, Water Department Hye Won Kim, Assistant City Attorney William Johnson, Assistant City Manager Ron Gonzales, Assistant City Secretary Jannette Goodall, City Secretary Allison Tidwell, Administrative Assistant, City Secretary Charmaine Baylor, Sr. IT Business Planner, Water Dept 62113 DOC #: INITIALS APPROVER INITIALS Approver --a- Signer Signer Approver Approver Signer Signer Signer Approver Signer Form Filler Acceptor O KC EXPLANATION Please sign or approve this First Amendment to CSC 62113, the contract between Agilent Technologies, Inc. (Agilent), and the Water Department. Agilent will be providing and installing a gas chromatograph with software, consulting, and technical support. Because the device will be on the Water Network, a Network Access Agreement is required. This amendment adds that agreement, with no additional changes to the contract. If you have any questions or concerns, please call or email me. Thank you, Charmaine Baylor Sr. IT Business Planner, Water IT Water Department Phone: (817) 392-6629 CSC No. 62113-A1 FIRST AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 62113 This First Amendment to Fort Worth City Secretary Contract No. 62113 is made between the City of Fort Worth ("City"), a home rule municipality of the State of Texas and Agilent Technologies, Inc, a Delaware corporation ("Vendor"). WHEREAS, on October 8, 2024, the City and Vendor entered into City Secretary Contract No. 62113 to provide and install a gas chromatograph with software, services, on -site consulting, and technical support services, with a total amount of compensation not to exceed $178,539.40 (the "Agreement"); WHEREAS, it is the collective desire of both City and the Vendor to amend the Agreement to include a Network Access Agreement to allow Vendor access to the City's Water Department network; and WHEREAS, the total annual amount of compensation shall not increase. NOW, THEREFORE, the Parties, acting herein by and through their duly authorized representatives, agree to the following terms, which amend the Agreement as follows: 1. The Network Access Agreement attached hereto, is incorporated into the Agreement as Exhibit B to allow the Vendor access to the Water Department network to provide and install a gas chromatograph with software, services, on -site consulting, and technical support services. 2. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. [Signature Page Follows] OFFICIAL RECORD First Amendment to Fort Worth City Secretary Contract No. 62113 CITY SECRETARY Agilent Technologies, Inc FT. WORTH, TX Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth By: William Johnson (N v 19,202413:17 CST) Name: William Johnson Title: Assistant City Manager Date: Nov 19, 2024 Approval Recommended: By: Christopher Harter (Nov 19, 202410:37 CST) Name: Christopher Harder Title: Director, Water Department ifoftr 4p4non��� Attest: XY 00 *oo. Aaad ° °o�� , Poo o d o dd Pa o *,� ZL nEXA 54.d By: Name: Jannette Goodall Title: City Secretary VENDOR: Agilent Technologies, Inc. By: Lin 'ay Wille (N v12,202418:21EST) Name: Lindsay Willett Title: Bids Response Specialist Date: Nov 12, 2024 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: Richard LisenbEe (Nov 12, 202414:35 CST) Name: Richard Lisenbee Title: Senior IT Manager, Water Department Approved as to Form and Legality: By: Name: Hye Won Kim Title: Assistant City Attorney M&C No. 24-0838 / September 17, 2024 Form 1295 No. 2024-1197180 OFFICIAL RECORD First Amendment to Fort Worth City Secretary Contract No. 62113 CITY SECRETARY Agilent Technologies, Inc FT. WORTH, TX EXHIBIT B 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 100 Fort Worth Trail, Fort Worth, Texas 76102, organized under the laws of the State of Texas and Agilent Technologies, Inc. a Delaware corporation with its principal location at 2850 Centerville RD, Wilmington, Delaware 19808 ("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 provide and install a Gas Chromatograph with software, services, on -site consulting, and technical support services. In order to provide the necessary support, Vendor needs access to the Water Department network. 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 and installing a Gas Chromatograph with software, services, on - site consulting, and technical support services. Such access is granted subject to the terms and conditions set 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. Seq 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"). ® Services are being provided in accordance with City Secretary Contract No. 62113. ("Contract") ❑ Services are being provided in accordance with City of Fort Worth PeopleSoft Contract No. . ("PSK #") ❑ Services are being provided in accordance with the Agreement to which this Access Agreement is attached. ("Contract") ❑ 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; and 4.3 Within the thirty (30) days prior to the scheduled annual expiration of this Agreement, the Vendor 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, 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. Network Access Agreement (Rev. 8/28/19) Page 1 of 4 5. Network Restrictions. Contractor 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 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 Vendor pursuant to this Agreement shall be grounds for the City immediately to deny Vendor 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. 1.1. Notice to Vendor Personnel — For purposes of this section, Vendor Personnel shall include all officers, agents, servants, employees, or representatives of Contractor. Vendor shall be responsible for specifically notifying all Vendor Personnel who will provide services to the City under this agreement of the following City requirements and restrictions regarding access to the City's Network: 1.1.1. Contractor shall be responsible for any City -owned equipment assigned to Vendor Personnel, and will immediately report the loss or theft of such equipment to the City; 1.1.2. Contractor, and/or Vendor Personnel, shall be prohibited from connecting personally -owned computer equipment to the City's Network; 1.1.3. Contractor Personnel shall protect City -issued passwords and shall not allow any third party to utilize their password and/or user ID to gain access to the City's Network; 1.1.4. Contractor Personnel shall not engage in prohibited or inappropriate use of Electronic Communications Resources as described in the City's Administrative Regulation D7; 1.1.5. Any document created by Vendor Personnel in accordance with this Agreement is considered the property of the City and is subject to applicable state regulations regarding public information; 1.1.6. Contractor Personnel shall not copy or duplicate electronic information for use on any non -City computer except as necessary to provide services pursuant to this Agreement; 1.1.7. All network activity maybe monitored for any reason deemed necessary by the City; and 1.1.8. A Network user ID maybe deactivated when the responsibilities of the Vendor Personnel no longer require Network access 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. Network Access Agreement (Rev. 8/28/19) Page 2 of 4 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. [Signature Page Follows] Network Access Agreement (Rev. 8/28/19) Page 3 of 4 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all By: William Johnson (N v 19, 202413:17 CST) performance and reporting requirements. Name: William Johnson Title: Assistant City Manager Nov 19, 2024 Date: By: RicharddLisenbpe (Nov 12,202414:35CST) Name: Richard Lisenbee Approval Recommended: Title: Senior IT Manager, Water Department Approved as to Form and Legality: GGr,�U�z�Gre� t�de� By: Christopher Harter (Nov 19, 202410:37 CST) Name: Christopher Harder Title: Director, Water Department By: Name: Hye Won Kim Attest: Title: Assistant City Attorney By: Name: Jannette Goodall Title: City Secretary VENDOR: Agilent Technologies, Inc. By: Lin ''y Wille (Nov 12, 202418:21 EST) Name: Lindsay Willett Title: Bids Response Specialist Date: Nov 12, 2024 Network Access Agreement (Rev. 8/28/19) Page 4 of 4