HomeMy WebLinkAboutContract 58562-NA1CSC No. 58562-NAl
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 Halff Associates, Inc.,
("Vendor"), with its principal location at 1201 North Bowser Road, Richardson, TX 75081.
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 services as
described in City Secretary Contract No. 58562, including storm inlet and pipe assessments using CCTV
to support condition assessment modeling for lifecycle forecasting and maintenance scheduling. In order to
provide the necessary support, Vendor needs access to various City systems as it pertains to the services
agreed upon in the aforementioned City Secretary Contract.
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 provided services as described in City Sectary Contract No.
58562. 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").
® Services are being provided in accordance with City Secretary Contract No. 58562. ("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")
❑ 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.
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
OFFICIAL RECORD
Network Access Agreement CITY SECRETARY Page 1 of 4
FT. WORTH, TX
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.
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
Network Access Agreement Page 2 of 4
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. 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 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 parry, 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 Follows]
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[Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED
AND AGREED:]
City:
By: Diann o(Jul 22, 202510:09 CDT)
Name: Dianna Giordano
Title: Assistant City Manager
Date: 07/22/2025
Halff Associates, Inc.
Digitally signed by Gini Connolly
G i n i DN: cn=Gini Connolly,
ou=FortWorth
o l l y 05'00'2025.07.11 13:42:15 -
By: Conn
Name:
Title: _GIS Director
Date:
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
Y
Name: Kevin Gunn
Title: Director, IT Solutions
Approved as to Form and Legality:
N. KevinAnders, H
By: M. Kevin Anders, I I(J u 122, 202509:57 CDT)
Name: M. Kevin Anders, II
Title: Assistant City Attorney
Contract Authorization:
M&C: 22-1012
Approval Date: 11/29/2022
Form 1295: 2022-946637
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.
G. l".. 4%
By: Cynt Tyree (JuII 202511:10 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 Page 4 of 4
6/24/25, 4:05 PM M&C Review
ACITY COUNCIL AGEND
Create New From This M&C
DATE: 11/29/2022 REFERENCE NO.: **M&C 22-1012 LOG NAME:
Official site of the City of Fort Worth, Texas
FoRTWORTti
20SWM SDR
PRGM
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Execution of an Engineering Agreement with Halff Associates, Inc., in an
Amount of $600,000.00 for Storm Drain Condition Assessment Services Citywide
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Agreement for Engineering
Related Professional Services with Halff Associates, Inc., in an amount of $600,000.00, with two
additional annual renewal options, for the implementation of the citywide Storm Drain Pipe Rehab
project (City Project No. 104487).
DISCUSSION:
Approval of this Mayor and Council Communication will provide engineering related professional
services to assist the City in the implementation of the Stormwater Management Program's Storm
Drain Rehabilitation Program by providing the following: storm drain condition assessment
services; evaluate the condition findings to identify and prioritize corrective rehab measures; and
finalize development of a strategic, long term Stormwater Management Pipe Assessment and
Condition Program (PACP). A strategic, long term PACP is important to ensure critical pipe systems
function as designed and to avoid catastrophic failures that pose a danger to the public.
The development of a Storm Drain Rehabilitation Program is a Level 1 Priority, Key Initiative included
in the 2018 Council adopted strategic Stormwater Management Program Master Plan. Storm drain
rehabilitation is one of the Stormwater Program's top priorities due to the life safety risk that can
happen when deteriorating storm drain pipes create sinkholes.
In May 2021, the Transportation and Public Works Department (TPW), Stormwater Management
Division, published a Request for Qualifications (RFQ) for various engineering consulting services.
Eleven (11) consultants responded to the RFQ for the Information Management service area with
Statements of Qualifications (SOQ). An evaluation team of two City staff subject matter experts from
the Stormwater Management Division and Business Support Division of TPW scored the SOQ's based
on company experience, prior projects, workload, and team experience. The City's Business Equity
team also evaluated the SOQ's. Based on the scoring, Halff Associates, Inc. was selected as the
most qualified consultant for this work. Halff Associates, Inc. proposes to perform the scope of work for
this contract for a not -to -exceed fee of $600,000.00.
The City will issue individual task orders to authorize the consultant to perform work under this
Agreement until such time as the contract funds have been expended. The City, at its sole option,
may renew this contract two times for an additional $600,000.00 each under the same terms and
conditions. Staff considers the fee to be fair and reasonable for the anticipated services to be
performed.
This contract will not result in any additional annual operating cost for the Transportation and Public
Works (TPW) Stormwater Management Division.
Funding is budgeted in the TPW Dept Highway & Streets Department's Stormwater Capital Projects
Fund for the purpose of funding the Storm Drain Pipe Rehab project, as appropriated.
M/WBE Office - HALFF ASSOCIATES, INC. is in compliance with the City's Business Equity
Ordinance by committing to 5.00\% Business Equity participation on this project. The City's Business
Equity goal on this project is 5\%.
This Stormwater Contract area is located in ALL COUNCIL DISTRICTS.
apps.cfwnet.org/council_packet/mc_review.asp? I D=30565&cou ncildate=11 /29/2022 1 /2
6/24/25, 4:05 PM
M&C Review
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the Stormwater Capital Projects Fund for the Storm Drain Pipe Rehab project to
support the approval of the above recommendation and execution of the agreement. Prior to any
expenditure being incurred, the Transportation and Public Works Department has the responsibility to
validate the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by_ William Johnson (5806)
Originating Department Head: Lauren Prieur (6035)
Additional Information Contact: Jennifer Dyke (2714)
ATTACHMENTS
104487 Storm Drain Rehabilitation Proaram Services Compliance Memo 221108.pdf (CFW Internal)
2022-10-17 Halff SAMS Search ResuIts. pdf (CFW Internal)
20SWM SDR PRGM.docx (CFW Internal)
Form 1295 Certificate.pdf (CFW Internal)
Halff Associates Citvwide FID Table.xlsx (CFW Internal)
apps.cfwnet.org/council_packet/mc_review.asp? I D=30565&cou ncildate=11 /29/2022 2/2