HomeMy WebLinkAboutContract 38942 ~~ ~
QTY SECRETAiiV
NETWORK ACCESS AGREEMENT
This NETWORK ACCESS AGREEMENT into by and
between the CITY OF FORT WORTH ("City"), a home rule municipal corporation with its principal
location at 1000 Throckmorton Street, Fort Worth, Texas 76102, organized under the laws of the State of
Texas and situated in portions of Tarrant, Denton and Wise Counties, Texas, and OLT Solutions, Inc. with
its principal location at13861 Sunrise Valley Dr, Suite 400 Herndon, VA2O171` ("Cmntractor").
1. The Network. The City owns and operates a computing environment and network (collectively
the "Network"). Contractor wishes to aooeun the City's network in order to provide on-site oon/|nea for
implementation and development for GT/T for Peop8munft Software. In order to provide the necessary
mupport. Contractor needs access to Peop|mSoft databases, 9eop|e8oD fiha narvere, and email server for
email integration, the ST7\T Server and the Shat Database. Finally we would be touching desktops that
will have the STAT client installed,
Z Grant of Limited Access. Contractor is hereby granted a limited right ofaccess to the City's
Network for the soie purpose of providing on-site services for implementation and development for STAT
for Penp/esnft Software. Such ecmeoo is granted subject to the terms and conditions forth in this
Agreement and applicable provisions of the City's Administrative Regulation D-7 (Beobnnkr
Communications Resource Use Poiny). 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 Contractor with Network Credentials consisting of
user IDs and passwords unique to each individual requiring Network access on behalf of the Contractor.
Access rights will automatically expire one(1)year from the date of this Agreement. If this access is being
granted for purposes of completing services for the City pursuant to a separate contract, then, this
Agreement will expire ed the completion cf the contracted nen/|ceo, or upon termination of the contracted
services whic ver occurs first. Services are being provid
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4. Renewal. At the end nf the first year and each year thereafter, this Agreement may borenewed
annually if the following conditions are met:
4.1 Contracted services have not been completed.
4.2 Contracted services have not been terminated.
4.3 Within the thirty(30)days prior to the scheduled annual expiration of this Agreement, the
Contractor has provided the City with a current list of its ofRuero, agenba, men/antm, employees or
representatives requiring Network credentials.
Notwithstanding the scheduled contract expiration nrthe status of completion of services, Contractor shall
provide the City with e current list ofoffioero. agents, servants, employees or representatives that require
Network credentials on on annual basis. Failure to adhere to this requirement may result in denial of
access to the Network and/or termination nf this Agreement.
S. N21&ork Restrictions. Contractor officers, employees representatives may
not share the City-assigned user IDs and passwords, Contractor acknowledges, agrees and hereby gives
its authorization 'to the City to monitor Contractor's use of *the Citys Network in order to ensure
Contractoes compliance with this Agreement. A breach by Contractor, its officers, agents, serfants,
employees or representatives, of this Agreement and any other written instructions or guidelines that the
City provides to Contractor pursuant to this Agreement shall be grounds for the City immediately to deny
Contractor access to the Network and Contractor's Data, terminate the Agreement, and pursue any other
remedies that the City may have under this Agreement urak law o/|nequity.
6. ]2MInigion.` In addition to the other rights of termination set forth herein, the City may terminate
this and for an� reason with or without notice and ��h�u� p�n�|�� bm �h� �ky,
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11.
contracts, agreements, understandings or acknowledgments with the City signed by Contractor, This
Agreement and any other documents incorporated herein by reference constitute the entire
understanding and Agreement between the City and Contractor as to the matters contained herein
regarding Contractor's access to and use of the City's Network.
12. Amendments. The terms of this Agreement shall not be vmaived, ahened, mcdified,
supplemented, or amended in any manner except by written instrument signed by an authorized
representative of both the City and Contractor.
13. Assionment. Contractor may not assign or in any way transfer any of its interest in this
Agreement.Any attempted assignment or transfer of all cv any part hereof shall be null and void.
14. If any provision of this Agreement is held to be invalid, unenforceable,e�a|or unenforceable,the'Severability.
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 reement ohe|| be construed in accordance with the laws of the
State of Texas. |f any action, whether naa| or asserted, at law or in aqudy, is brought on the basis of this
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.The signature below of an authorized representative acknowledges that the
Contractor has read this Agreement and agrees to be bound by terms and conditions set forth herein.
ACCEPTED AND AGREED/
CITY OF 7FT WORTH: 011"At"
Karen L.Montgomery Rame_�"(�aFeeAe Coggin
Assistant City Mana Title: Contracts Team Lead
Date: Date:—07/29/2009
�� ATTEST:
By. By:Ma
C4 Secretary Ti+Jm:
APPROVED
L�S 0 FORM AND LEGALITY-
Assistant City Attorney
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