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HomeMy WebLinkAbout025275 - General - Contract - Winston ServicesCITY SECRETARY �y CONTRACT NO , c� J� � / � LIMITED ACCESS AGREEMENT This LIMITED ACCESS AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a home rule municipal corporation organized under the laws of the State of Texas and situated in portions of Tarrant and Denton Counties, Texas, and Winston Services ("Contractor"). The following statements are true and correct and form the basis of this Agreement: A. The City owns and operates a file server computer system and network (collectively the "Network"). B. Contractor wishes to perform third party plan review and inspection services for construction projects in the City ("Inspection Services"). Contractor has completed and signed an "Application for Certification for a Third Party Organization" and currently is certified by the City's Development Department as a third party arganization to perform plan review and inspection services in the City. C. Contractor has certain data associated with Inspection Services ("Data") on the City's Networlc. Contractor has requested access to the City's Network in order to carry out Inspection Services. The City is willing to grant Contractor access to the Network, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, the City and Contractor hereby agree as follows: 1. GRANT OF LIMITED ACCESS. Contractor is hereby granted a limited right to access the City's Network the sole purpose of analyzing Contractor's own Data pursuant to Contractor's Inspection Services. Because Contractor can enter the City's Network only through the City's computer security systems, the City will provide Contractor with a password and access number or numbers. 2. COMPENSATION TO CITY. In return for the City's provision to Contractor of limited access to the City's Network, Contractor shall pay the City fees at the rates set forth in Exhibit 1, attached hereto and hereby made a part of this Agreement for all purposes. Contractor shall pay the fees within thirty (30) days following receipt of an invoice for the same from the City. The fee shall be payable to the City of Fort Worth, ISS Department, Attn: IT Chief Financial Officer, 1000 Throckmorton Street, Fort Worth, TX 76102. The City shall have the right to deny Contractor access to the Network and Contractor's Data if the City has not received payment for any invoice submitted to FFI ! ,l ' EC 1; � 1 i�Y S���E1A,�'� �i. ��V 1H. TE�X. Contractor within thirty (30) days of receipt. The City shall have the rights to revise the rates at any time upon thirty (30) days written notice to contractor. 3. NETWORK RESTRICTIONS. 3.1. Contractor may not share the password or access number or numbers provided by the City except with Contractor's officers, agents, servants or employees as may reasonably be required pursuant to Contractor's Inspection Services. 3.2. Contractor may not access the Networlc for any purpose other than analyzing Contractor's own Data. 3.3. Contractor acknowledges, agrees and hereby gives its authorization that the City may monitor Contractor's use of the City's Networlc in order to ensure Contractor's compliance with this Agreement. 3.4. If the City revokes Contractor's certification to perform Inspection Services, Contractor shall immediately (i) cease its use of the City's Network and (ii) notify the Director of the City's Information Systems and Services Department or authorized representative. 3.5. A breach by Contractor, its officers, agents, servants or employees, 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 ixnmediately to deny Contractor access to the Network and Contractor's Data in addition to any other remedies that the City may have under this Agreement or at law. 3.6. The City may terminate this Agreement at any time and for any reason. 4. LIABILITY AND INDEMNIFICATION. CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL DAMAGES THAT THE CITYMAYINCUR DIRECTLY ONACCOUNT OFANYBREACH OF THIS AGREEMENT BY CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANYDAMAGES THAT CONTRACTOR MAYINCUR AS A RESULT OF THE CITY'S RESTRICTIONS TO OR DENIAL OF ACCESS TO CONTRACTOR'S DATA ON ACCOUNT OF ANY BREACH OF THIS AGREEMENT BY CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, OR FOR ANY REASONABLESECURITYMEASURES TAKENBYTHE CITY. IN ADDITION, CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND 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 2 INTENTIONAL M�SCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES. CONTRACTOR, AT CONTRACTOR'S OWN COST OR EXPENSE, HEREBYAGREES 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 CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 5. AGREEMENT CUMULATIVE. This Agreement is cumulative of and in addition to any written contracts, agreements, understandings or acknowledgments with the City signed by Contractor as to Contractor's authorization by the City to perform Inspection Services. 6. ENTIRE AGREEMENT. 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 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. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provisions of this Agreement. 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. IN WITNESS WHE OF the p��ies hereto have executed this Agreement on this ..30� day of ,��i,n��,�:th/ , �. ��_�+����_ � � ��1iL���_� i � CONTRACTOR: Winston Services By: � • Charles Boswell Assistant City Manager Name of Contractor By: _ , Author' d i ature Printed Name: U'I�Y�'u � �� ��YVIQA'� I Title: ��1 �-GY►�' ATTEST: ATTEST: , By: By: �� City cretary , APPROVED AS TO FORM AND LEGALITY: By: � Assistant City Atto M & C: none reauired Exhibit 1 Rates The rates set forth below are the current prices for services provided. IBatch & Database Processing �CICS Transactions ILines Printed INetwork Dial-in Service INetwork Dial-in Setup $6.15 Per Minute $0.0045 Per Transaction $0.0005 Per Line $60.00 Per Sign-on/Month $180.00 Each Each rate is described below. Batch & Database Processing Batch Processing includes nighttime mainframe computer processing, disk storage, tape storage, and utilization of ancillary equipment as well as all DB2 Database Processing. Batch Processing is generally associated with report generation and nightly updating of production computer systems (e.g., MARS). The cost for printing reports created by Batch Processing are not included in this service. CICS Transactions CICS Transactions represent the complete cost of online transaction processing. A transaction is always initiated by a user on the CICS (Customer Information and Control System) transaction processing system. A user initiates a transaction by hitting the ENTER or SEND keys. Lines Printed Each line printed on a laser printer or an impact printer are counted and a charge per printed line (regardless of the number of characters printed on the line). Neiwork Dial-in Service Nefinrork Dial-in Service provides access to network functions from any location in North America. Dial in service requires the customer PC to have a modem, Windows 95, 98 or Windows NT Workstation, and Dial-up Networking capability (a standard capability of those operating sYstems). Unlimited use is included in this service. Nefinrork Dial-in Setup This service fee is a one-time setup charge that includes � setting up security and sign-ons to the systems as well as configuration of a custQmer supplied PC for dial-in service capability. Customer must supply the PC system unit for configuration by the City prior to dialing into the system.