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HomeMy WebLinkAboutContract 63582-NA1Network Access Agreement Page 1 of 4 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 Integrative Emergency Services Physician Group, P.A. (“Vendor”) with its principal location at 4835 Lyndon B Johnson Fwy, Suite 900, Dallas, Texas 75244. 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. 63582, which includes providing personnel to support the operations of professional services as requested by the City. 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. 63582. 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. 63582. (“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 Network Access Agreement Page 2 of 4 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 Security. 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 Network Access Agreement Page 3 of 4 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 Majeure. 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 Authority. 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 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] [Executed effective as of the date signed by the Assistant City Manager below.]/ [ACCEPTED AND AGREED:] City: BY: D�o (Jul 28, 2025 15:59:59 CDT} Name: Dianna Giordano Title: Assistant City Manager Date: 07/28/2025 Integrative Emergency Services Physician Group, P.A. � By: Name: �&./ Title: � � Date: 1(-t.,211-£ CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: By: Name: Kevin Gunn Title: Director, IT Solutions Approved as to Form and Legality: By: M Kevi11 A11de;,-s, II M. Kevin Anders, II (Jul 28, 202515:38:03 COD Name: M. Kevin Anders, II Title: Assistant City Attorney Contract Authorization: M&C: 25-0354 Approval Date: 04/22/2025 Form 1295: 2025-1282885 Network Access Agreement Contract Compliance Manager: By signing I aclmowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. B r�;, � y : Cyn jD .. IM> 2025 14:25:38 CDT) Name: Cynthia Tyree Title: Assistant Director -IT Finance City Secretary: By: r="� Name: Jannette Goodall Title: City Secretary Page 4 of 4 7/8/25, 2:38 PM CITY COUNCIL AGENDA Create New From This M8�C DATE: CODE: 4/22/2025 REFERENCE N O.. C TYPE: F�RT�'�ORTI� -�~- **M&C 25- 14EMPLOYMENT 0354 LOG NAME: AGREEMENT EMS MEDICAL DIRECTOR PUBLIC CONSENT HEARING: NO SUBJECT: (ALL) Authorize Execution of an Employment Agreement with Dr. Jeffrey Jarvis for Employment as the City of Fort Worth Emergency Medical Services Medical Director with an Initial 10-Year Term and in the Amount of $270,000.00 Annually and Authorize Execution of Vendor Service Agreements with the University of Texas Southwestern Medical Center and Integrated Emergency Services Physician Group, P.A. to Provide the City with the Services of Associate Medical Directors for the Office of Medical Director in an Annual Amount Not to Exceed $102,000.00 for the Initial Term and $440,000.00 for any Renewal Term, Collectively RECOMMENDATION: It is recommended that City Council: 1. Authorize execution of an employment agreement with Dr. Jeffrey ]arvis to hire Dr. ]arvis as an employee of the City of Fort Worth and the City of Fort Worth Emergency Medical Services Medical Director, and department head over the City of Fort Worth Office of Medical Director, in the amount of $270,000.00 annually; and 2. Authorize execution of vendor services agreements with the University of Texas Southwestern Medical Center and Integrated Emergency Services Physician Group, P.A. to provide the City with the services of associate medical directors, as independent contractors, to assist the City's Emergency Medical Services Medical Director and the Office of Medical Director in an amount not to exceed $102,000.00 for the Initial Term and $440,000.00 for any renewal term, collectively. DISCUSSION: In 1988, the City of Fort Worth (City) and certain other local jurisdictions came together to create a regional ambulance and emergency medical services (EMS) agency known as the Area Metropolitan Ambulance Authority, d/b/a Medstar, (the Authority) through the adoption of a uniform EMS ordinance and interlocal cooperative agreement under the provisions of Section 773.051 of the Texas Health and Safety Code and pursuant to Ordinance Number 10094. Known as the Metropolitan Area EMS Authority and operating under the trade name MedStar Mobile Healthcare, the Authority operated under the Restated and Amended Interlocal Cooperative Agreement executed in 2020 (Fort Worth City Secretary Contract No. 54348; hereinafter, the Agreement) and an updated uniform EMS ordinance. The Agreement provided that the Authority would continue in existence until all units of governments that are party to the Agreement (the Member Cities) withdraw from the Agreement. The Member Cities have, pursuant to the Memorandum of Understanding and Agreement (MOUA) executed by each Member City (Fort Worth City Secretary Contract No. 62555) agreed to: withdraw from and terminate the Agreement; dissolve the Authority; and designate the City as the licensed EMS Provider for the Member Cities' jurisdictions. Pursuant to the MOUA, the Authority will continue to exist, operate and serve as the EMS Provider for the Member Cities in a transitional capacity until at least July 1, 2025 (the Transition Period) under the management and control of the City. It remains in the best interests of the public health and welfare of the people of the Member Cities' jurisdictions to have available to them a regulated EMS System with an exclusively contracted EMS Provider. Therefore, the City has established an EMS division through the City of Fort Worth Fire M&C Review apps.cfwnet.org/council_packet/mc_review.asp?ID=33217&councildate=4/22/2025 1 /3 7/8/25, 2:38 PM M&C Review Department to operate a new EMS System and provide services to the people of the jurisdictions who execute an EMS Interlocal Agreement with the City, each a"Client City." The Texas Administrative Code, Title 25, Part 1, Chapter 157, and specifically § 157.11(c)(6)(L), requires the City, as the applying entity for its EMS Provider license, to provide a copy of a signed contract or agreement with a physician who is currently licensed in the state of Texas to be employed as its Medical Director. As a result, a formal, written, agreement for the City's EMS Medical Director is required. The purpose of this Mayor and Council Communication (M&C), in part, is to authorize the City to engage Dr. Jeffrey Jarvis as a City of Fort Worth employee and to authorize execution of the employment agreement. Dr. Jarvis is a physician who is licensed in Texas and board certified in emergency medicine and currently serves as the Chief Medical Officer and Medical Director for the Authority. Dr. Jarvis has agreed to serve as the Chief Medical Officer and Medical Director for the City's EMS system (the Medical Director). Additionally, by and through Ordinance No. 27372-12-2024, adopted by the City Council on December 10, 2024, the City established a new department, the Department of Office of the Medical Director (OMD), which shall be responsible for serving as the clinical office through which the Medical Director carries out his rights, duties, and obligations under the City's Uniform EMS Ordinance and the City's EMS Interlocal Agreements. Dr. Jarvis, as the Medical Director, will be the head of the OMD and subject to the authority of the City of Fort Worth City Council and the City of Fort Worth City Manager and Assistant City Managers. The Medical Director is charged with providing medical direction and oversight, consultation, training, education, clinical quality assurance and improvement for the EMS System and participating First Responder Organizations and all duties required of EMS Medical Directors by the State of Texas and the City's EMS interlocal Agreements with Client City's. The Medical Director must also participate in the City's EMS advisory boards, known as the Medical Control Advisory Board and the EMS Advisory Board. In addition to the requirements of general city employees and the City's personnel rules and regulations, Dr. Jarvis' employment agreement (the Employment Agreement) requires that he maintain his Texas medical license and board certification in emergency medicine and any other occupational licenses as may be required of an EMS System medical director for the duration of his employment with the City. The Employment Agreement will be effective on July 1, 2025 with an initial term of 10 years. Thereafter, the Employment Agreement will automatically renew from year to year unless either the City or Dr. Jarvis provides 90 days' written notice of non-renewal or termination. Dr. Jarvis' employment is at will and can be terminated by either the City or Dr. Jarvis for any reason or no reason. Compensation for the Medical Director position includes a fixed annual gross salary of $270,000.00, subject to deductions and withholding mandated by law, payable every two weeks as bi- weekly payments and in accordance with the City's required payroll practices and procedures. The Employment Agreement includes benefits typical of general employees and pursuant to Chapter 6 of the City's Personnel Rules and Regulations. As part of the total compensation, the Medical Director will receive a vehicle allowance in the amount of $3,600 annually. With the approval of this M&C, the City Council will also authorize the City to execute vendor services agreements with the University of Texas Southwestern Medical Center (UTSV� and Integrated Emergency Services Physician Group, P.A. (IES) to provide the City with the services of specific associate medical directors to assist the Medical Director and the OMD. IES and UTSW will appoint Angela Cornelius, M.D. and Brian Miller, M.D., respectively, to serve as independent contractors and Associate Medical Directors of the City and its EMS System (Associate Medical Directors). The Associate Medical Directors will, at all times, exercise their own independent professional judgment in matters related to medical care and remain employees of UTSW and IES, respectively. The Associate Medical Directors will act as independent contractors with respect to the City and will not be an employee of the City. The Medical Director is charged with administering the Associate Medical Director agreements and reviewing each Associate Medical Director's performance. The Associate Medical Directors are charged with assisting the Medical Director in providing medical direction, consultation, training, and oversight for all clinical aspects of the EMS System and the First Responder Organizations in the EMS System, all of which requires physician expertise in emergency medicine and emergency medical services. The initial term of the Associate Medical Director Agreements will be for three months, beginning July 1, 2025 and ending September 30, 2025. The initial three-month term enables the Associate Medical Director Agreements to start before the City's fiscal year and align the renewal terms of the Associate apps.cfwnet.org/council_packet/mc_review.asp?ID=33217&councildate=4/22/2025 2/3 7/8/25, 2:38 PM M&C Review Medical Director Agreements with the City's fiscal year. After the initial term, the Associate Medical Director Agreements will automatically renew for successive one-year renewal terms (each a "Renewal Term"), with the first Renewal Term beginning October 1, 2025 and ending September 30, 2026, unless terminated earlier in accordance with the terms of the Associate Medical Director Agreements. The City will pay IES and UTSW for the services of each Associate Medical Director an amount not to exceed $102,000.00 collectively for the initial term. Thereafter, the City will pay IES and UTSW an annual amount not exceed $440,000.00, collectively, for any single renewal term. Each Associate Medical Director may be provided with access to City vehicles for the performance of the services as required by the agreements. The City will provide coverage for losses arising out of the use of a City-owned vehicle only while conducting City business and has agreed to procure an auto liability policy for the vehicles. The Associate Medical Director and Medical Director Agreements are awarded pursuant to Section 2254.008 of the Texas Government Code and are exempt from competitive bidding. Upon the transition of EMS to the City of Fort Worth, funding will be available in the Emergency Medical Services Fund for the Fire Department. A Form 1295 is not required for a contract with Dr. Jarvis because it is an employment agreement with an individual, and a Form 1295 is not required for a contract with UTSW because it is with a governmental entity, state agency or public institution of higher education. A Form 1295 for IES has been attached to this M&C. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the recommendations and adoption of the Fiscal Year 2025 Budget for Emergency Medical Services by the City Council, funds will be available in the current operating budget, as appropriated, in the Emergency Medical Services Fund. Prior to an expenditure being incurred, the Fire 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_ Originating Department Head: Additional Information Contact: ATTACHMENTS IES - 1295.pdf (CFW Internal) Dianna Giordano (7783) Dianna Giordano (7783) apps.cfwnet.org/council_packet/mc_review.asp?ID=33217&councildate=4/22/2025 3/3