HomeMy WebLinkAboutContract 44989 A461W VS
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CONTRA 4
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T OCAL CONTRACT
BETWEEN
THE RAILROAD COMMISSION OF TEXAS
D
T CITY OF FORT WORTH,TEXAS
PARTIES
The Railroad ComlYlission of Texas COOMMISSI+ N �, an agency of the State of Texas, and the City of
Fort'"North,Texas(CITY), an incorporated city in the State of Texas, enter into this Tnterlocal Contract
(Contract). CITY and COMMISSION may be collectively referred to as"the parties"and in dividually
referred to as a"party."
PURPOSE AND AUTHORITY
COMMISSION and CITE'`enter into this Contract for the purpose of sharing of facilities, services and
expertise.
This Contract conforms,to the Interlocal Cooperation,Act,Texas Government Code,Title 6,Chapter 791.
CITY AGREES To PROVIDE THE FOLLOWING:
Beginnig on September 1, 2013, CITY will provide for C ISSION s exclusive use of l,4 7 square
feet, more or less, of office space "'Facility") at City :Mall 13'b Street Annex, 401 W. 13'h Street, Fort
'worth,Texas 76102,as shown in Exhibit I, attached to this contract and incorporated herein,at no cost to
COMMISSION.
CITY will provide COMMISSION the following:
1. si nage as follows: one or more green and white street signs on adjoining streets, visible to
traffic, bearing the legend ":Railroad Co *ssion" with an arrow pointing to the :facility, and a
si gn on each entrance to the Facility l eam* g the legend"Railroad Con n.ission of Texas "and
2. four sets of keys for access to the Facility, including keys to any internal doors with the
Facility.
CITY will manage the Facility including building oversight facility management services: repairs to
CITY property and utilities; security and operation, custodial and janitorial services, 'Including trash and
recycling removal; and scheduling of conference rooms and other facilities, at a, level at least equivalent
to those provided by CITE'" for its own office space,at no cost to COMMISSION.
CITY will provide utility services at no cost to COMMISSION, with the understanding that most of the
COMMISSION personnel assigned to, the Facility will not occupy the Facility full-time. Utility service
usage includes electricity, beating, cooling, water, and wastewater, trash and recycling pickup. Utility
service usage does not include telephone, Internet or wireless services, which COMMISSION will
provide at OMMISSI �' s expense. It may be recess for COMMISSION to install additional
Internet ports in the Facility, which CITY .hereby consents to and for which CITY will allow
COMMISSION reasonable access to wiring, conduits, and rooms as necessary, subject to CI Y's Trusted
Party Standard attached hereto ,as Exhibit 2 for all poses. CITY ray, supervise or inspect
RECEIVED, OCT I
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u,jMMISSION's work *in this regard, which work may not interfere with CITY's operations,.
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COMMISSION AGREES TO DO THE FOLLOWING,
COMMISSION agrees to the terms and conditions, for the Facility shared by City with COMMISSION as
identified *in this Contract.
COMMISSION currently has a number of District Offices located throughout the State of Texas.
COMMISSION agrees to use the Facility to house a District Office within the City of Fort Worth, Texas.
COMMISSION will assign to this District Office personnel with expertise and experience 'in natural gas,
propane,and gas pipeline safety and operations.
COMMISSION agrees to reimburse CITY for the costs of custodial and jam'tori'al services for the Facility
in an amount based upon the current rate in the CITY's custodial services contract. Based on the current
rate,COMMISSION agrees to pay CITY the amount of$184.00/mo�nth, for service twice per week. In the
event of a rate increase in CITY's custodial services contract, COMMISSION and CITY' will agree in
writing to a corresponding rate change in custodial and jar itoria.l services.
To the extent allowed by law, COMMISSION is responsible for repair and replacement of all portions of
the Facility which are necessitated by COMMISSION, its invitees or licensees; otherwise all repairs and
replacements shall be the responsibility of CITY.
COMMISSION shall keep the Facility in good, clean condition. At the expiration or ternn ation of this
Contract, COMMISSION shall deliver the Facility in at least as good condition as,the Facility was in on
the commencement of the Contract, normal wear and tear and casualty loss excepted. Normal wear and
tear means deterioration that occurs without negligence, carelessness,, accident, or abuse but nevertheless
leaves the Facility in working order and usable condition.
COMMISSION agrees,not to make any alterations,additions,or improvements to the Facility without the
prior written consent of CITY.
BOTH COMMISSION AND CITY AGREE TO THE FOLLOWING.
CITY will 'include COMMISSION in any fire or disaster drills and t,rainm' g involving the Facility.
COMMISSION will cooperate with CITY in this regard and will participate in the drills and training.
Both parties will exchange safety relate�d information as necessary for the safety and well-being, of
persons occupying, working *in, or visit M" g the Facility.
CONTRACTTERM
The Parties agree that the COMMISSIO N's, time and expense in locating and moving to alternate
premises suitable for a COMMISSION District Office, and the value to the CITY in having, a
COMMISSION District Office located within the City of Fort Worth,, necessitate a long to agreement,
in the best interests of the State of Texas and of the City of Fort Worth.
This Contract is effective September 1, 2013 and will remain in effect until August 31, 20,18. This
Contract may be renewed for up,to five additional one-year terns; such renewal shall be automatic unless
written notice of termination is given to the other party within 6�O days, of the expiration of the then-
current term.
NOTICE AND AUTHORIZED REPRESENTATIVE
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Written notice shall be deemed to have been duly served when received by hand delivery or when sent
and received by .certified or registered mail, or other verifiable delivery service, in each case to the
following 'A'Uthonzed Representative for COMMISSION and CITY. Each party shall advise the other
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writing of any applicable change m' auttinozed representative or address.
COMMSSION's Authorized Representative-9 CITY's Auth,onzed resentative-
Name: Tom Morgan Name: Charles W. Daniels
IL M
Title,-. Purchasing I manager Title: Assistant City Manager
Address-, P.O. Box 12967 Address: 1000 Throckmortoin
Austin,,TX 78711-2967 Fort Worth,TX 76102
Phone-, (512)463-7680 Phone: (817) 392- 8476
Fax.- 512)463-72,00 Fax (8117) 392-61314
COMMISSION shall deliver problem reports(including items needing repair), as well as concerns related
to Facility security, suspicious activity, vandalism, and theft at the Facility to CITY's, Authorized
Representative, who shall distribute the reports to the responsible person, entity, or authority for repa*
correction, or investigation as necessary. CITY shall deliver similar reports to COMMISSION's
Authorized Representative as necessary for the health, safety or welfare of COMMISSION's personnel,
customers or property.
CONTINUED APPROPRIATIONS
This Contract is contingent upon the continued availability of appropriated state funds, to the
COMMISSION.
This Contract shall terminate 'in the event that the governing body of CITY fails to, appropriate sufficient
0
funds to satisfy any,obligation of CITY hereunder'. Termination shall be effective as of the last day of the
fiscal period for which sufficient funds were appropriated or upon expenditure of all appropriated funds,
whichever comes first.
in accordance with Texas Goverment Code 719,1.01 I(d),(,31)1, each party paying for the performance of
governmental functions must make those payments from current revenues,available to the paying party.
DISPUTE RESOLUTION
The dispute resolution process provided for in Chapter 2260 of the'Texas Government Code shall be used
by CITY and COMMISSION to resolve! all disputes arisig under his Contract. As required by Chapter
2260. COMMISSION has adopted rules, codified at X16 Texas Administrative Code §§20.21 —20.75, and
may adopt revisions to these rules throughout the terms, of this Contract, 'including any extensions. The
parties shall comply with such rules.
This, contract is subject to the laws of the State of Texas. Venue for any legal action related to this
contract is 'in Travis County,Texas.
AUDITS
CITY and COMMISSION agree that the Texas State Auditor's Office ("State Auditor") may audit or
investigate either party or any subcontractor or other entity receiving funds from the State of Texas under
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this contract. Acceptance of funds from the State of Texas directly under this contract or indirectly
through a subcontract under this contract constitutes acceptance of the authority of the State Auditor,
under the direction of the legislative audit colTIMI'ttee, to conduct an audit or investigation in connection
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w ith those fimds. Under the direct* slative audit comimttee,, any entity that is subject to an
i ion oi tne iegq i I 1 1
audit or investigation by the State Auditor must provide the State Auditor with access to any infon-nation
the State Aulditor considers relevant to the investigation or audit.
ENTIRE AGREEMENT
This Interlocal Contract, including Exhibits I and 2, attached to this,Contract and incorporated herein,
constitutes the entire Contract between CITY and COMMISSION.,No other terms and conditions are
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applicable,unless,this,Contract is,amenaect in writing by both parties.
SIGNATORY
For faithful performance of the ten-ns of this Contract.,the parties hereby agree to do so as evidenced by
their signatures executed below.
The undersigned signatories represent and warrant that they have full authority to enter into this Contract
on behalf of the respective parties.
CITY OF FORT WORTIII TEXAS RAILROAD COMMISSION OF TEXAS
010,
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(Charles W.Dni
aels W-Itm tester
=S�tlant City Manager Executive Director
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Mary
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13th Street Annex Floor Plan
City of Fort Worth,Texas
showing 1497 square feet available to Conum*ssio�n.
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EXBMIT 2
CITY'S TRUSTED PARTY STANDARD
P1[IYSICAL ACCESS TO TECHNOLOGY FACILITIES FOR
EMPLOYEES OUTSIDE OF IT SOLUTIONS OR THIRD PARTY CONTRACTORS
Trusted Party Standard,
Overview
The purpose of this standard is to establish the requirements under which individuals outside the
employment of ITS may have physical access to closets, equipment, facilities, etc., normally
restricted to ITS personnel. The standards listed are clearly defined in the City of Fort Worth
Information See urityPolicy,
Sc2pe
Facilities, closets, boxes or areas that contain equipment, including but not limited to patch panels,
routers, hubs, servers, communication systems (i.e. microwave radios, trunked radio systems, Fire
Station Alerting Systerr4 Paging System,, Mobile Data Systen-4 etc), and PBX's are considered secure
and restricted. Non CFW ITS personnel that require access to City of Fort Worth restricted resources,
as described here,will fall under the Trusted Party Standard, regardless of which department hosts or
houses the facility.
Standard
Security Review.Any access (external to CFW ITS personnel) will go through a security review with
the Information Security Division (IT Solutions')�. The reviews are to ensure that all access matches
the business requirements in the best possible way, and that the principle of'least access, is followed
for the protection of resources that belong to the City of Fort Worth. The Trusted Party must undergo
the same background and secun*ty reviews applicable to CFW ITS personnel.
R . Requests for access must be in writing. The request must be signed by the Trusted Party
that requires the special access. The request shall describe, in detail, the necessary access requested,
duration access is needed and detailed contact information for the Trusted Party. The original signed
request is to be kept on file with IT Solutions. All requests will be reviewed by the Director of the
CFW ITS Department, and the Information Security Division, in conjunction with the appropriate
CFW ITS Division Manager.
Establishina Access:
1. The requesting party shall make the request in writig for access.
2. The Trusted Party will be required to undergo all background and security checks required by
all CFW ITS employees.
3. The Trusted Party will abide by all City of Fort Worth Administrative Rules and Regulations
and the City of Fort Worth Information Security Policy.
4. The Trusted Party may not install, configure, or remove equipment, circuits, or third party
connections inside secure facilities to which they are being granted access prior to review by
and coordination with a representative of IT Solutions.
5. The Trusted Party may not store anything in the secure facility, without previously having,
obtained written permission from the appropriate CFW ITS Division Manager and the
Information Security Division.
6. The Trusted Party may not unplug or change the power distribution inside the secure facility.
7. The Trusted Party may not grant access to others to the secure facility.
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8. The Trusted Party i's responsible for maintaining the level of security upheld by IT Solutions
and mandated in the Security Policy.
9. The Trusted P' y may be, issued a key, a code, or badge access to the secure facility and
must report breaches immediately to 817-392-8800.
10. Changes in personnel, or the responsibilities that effect this agreement, must be reported
immediately in writing to the IT Solutions Director.
11. The Trusted Party shall clean up before they leave the facility. The facility shall be restored,
at a minimum, to the condition the Trusted Party found the facility.,
All connectivity established must be based on the least-access principle, in accordance with the
approved bus"mess requirements and the security review.
Modihjng or Cha="jjg Access
All changes *in access must be accompanied by a written valid business *ustification, and are subject,
to security and Operations review. The sponsoring department is responsible for notifying IT
Solutions when 'there is a material change 'in their or ginal request so that operations, security and
access evolve accordingly. Any changes or modifications to the facility access must comply with this
agreement unless agreed 'in writing by both parties,.,
Ternn"nating Access
When access is no longer required, the department within the City of Fort Worth must notify IT
Solutions. IT Solutions will conduct an audit of secure facilities on an annual basis. If ITS
determines, that a particular department no longer requires access, then such access shall be
terminated fi=ediately. Should a security incident occur, access may be revoked at the discretion of
the Information Sec `t Division. Access may also be revoked for not adhering to this agreement.
The Trusted Party will ensure that any equi ment, circuits or third-party connections originally
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installed by the Trusted Party are removed when no longer required. 01.1- -facility shall be restored to
the conditionthe Trusted Party found the facility prior to installation less reasonable wear and tear.
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Defimnoins
1. Secure or Restricted Area: Facilities, closets, boxes or areas that contain equipment,
including patch panels,routers, hubs, servers,communication systems(i.e. microwave radios,
trunked radio systems, Fire Station Alerting Systern, Paging System, Mobile Data System,
etc),and PBX's are considered secure and restricted.
2. Sponsorm* jz Department. The City of Fort Worth Department, Organization, or group that
requested that the trusted party have access,.
31. Trusted 'Party. A City employee or third party normally performing support ftinctions for a
City Department or City facility,but not an employee of IT'S.
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M&C Review
Page 1 of 2
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COUNCIL ACTION: Approved on 7/9/2013
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DATE: 7/9/2013 REFERENCE NO.: **C-26305 LOG NAME: 02RAILROAD COM
2013
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Interlocal Agreement Between the Railroad Commission of
Texas and the City of Fort Worth for Facility Sharing of Space at 401 West 13th Street, Fort
Worth, Texas (COUNCIL DISTRICT 9)
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RECOMMENDATION:
It is recommended that the City Council authorize an Interlocal Agreement with the Texas Railroad
Commission for facility sharing by the City of Fort Worth with the Texas Railroad Commission utilizing
1,497 square feet of office space at 401 West 13th Street.
DISCUSSION:
Exploration and development activities within the Barnett Shale gas field in Fort Worth and north
Texas have grown dramatically over the course of the last several years. Present and forecasted
levels of exploration and development point to a continued need for the Texas Railroad Commission
(Commission) to have a presence in the City of Fort Worth (City) in order to effectively fulfill required
inspections of current and future well sites and to transact other business relative to the affairs of the
Commission.
Pursuant to Mayor and Council Communication (M&C C-22933) approved on July 22, 2008, the City
and the Commission entered into an Interlocal Agreement for facility sharing for office space located
at 401 West 13th Street, with the Agreement being for a term from September 1, 2008 through
August 31, 2013. Although this original Agreement provides for five one-year renewals, the parties
have agreed to enter into a new Agreement on substantially the same terms that will supersede the
original Agreement. The new Agreement will be for facility sharing at the same location, because a
City location by the Commission has provided for more effective communications and interaction
between Commission and Staff, as both Staffs respond to issues and concerns related to gas
exploration in the area.
The terms of the Agreement are as follows:
1. Space: 1,497 square feet of office space at 401 West 13th Street;
2. Term: Five years commencing September 1, 2013, through August 31, 2018, with five one-year
automatic renewal options;
3. Costs: The Commission shall reimburse the City for the Commission's pro rata share of the
custodial and janitorial costs associated with the subject space which shall begin at a level of service
at twice per week at a cost of$184.00 per month. For the current fiscal year and for Fiscal Year
2013/2014, the cost will be $184.00 per month, but any increase or decrease in the City's cost for
these services will result in a corresponding new rate for which the Commission shall be responsible;
and
4. Signs: City shall be responsible for maintenance of(i) existing signage on the building
identifying it as the location of the Texas Railroad Commission and (ii) existing green and white street
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=I 8523&councildate=7/9/2013 8/26/2013
M&C Review Page 2 of 2
signs on adjoining streets bearing the legend: Texas Railroad Commission.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Transportation and Public Works
Department is responsible for the collection and deposit of funds due to the City.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 465235 0205001 $184.00
Submitted for City Manager's Office by: Charles Daniels (6199)
Originating Department Head: Shirley Little (6110)
Additional Information Contact: Evonia Daniels (7504)
ATTACHMENTS
http:H apps.cfwnet.org/council_packet/mc_review.asp?ID=18523&councildate=7/9/2013 8/26/2013