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Home My WebLink AboutContract 45810 CIS SECRETARY comma RNMAMW RMAM This DMIS Share and Coff4imifaffty AWOMM4(" ant")to entered Into balween the My at"Fort Worth("Fort Worth"),a Tom home rule municipality with principal offices f ocabad at 1000 7v**morton Street, Fort Worth, Tame, 78102, and the Town of Me Elm CJurledic•tiono), a Town home rule munhrtpel ty with principal offices located at sometimes referred to hemeein as"Party"or the CIT : Where=' the Parties desire to more effactivefy plan for the required by the residents of Fort Worth and Jurisdiction who would need special assishmoe in the event of an emergency or a disaster; and WhMM,Fort Worth provides a program where individuals with special needs who reside in Jurisdiction may Maces a web based portal d (known as"Special Needs Assistance Program")voluntarily to provide specific Uhhhrmation as to their special needs or disablutles for the purpose of assistance in an emergency or dieaster, In order to plan for and to administer these services on a regional level,the Parties desire to Share Special bleeds Assistance Program data with snob other; Jurisdiction will have access to sansltive and oordfdential Information of a personal nature for governmental purposes; Fort Worth would not make such access available to Jurisdiction without Jurlsdlotiowa a graement to maintain confidential treatment of such Information; this Agreement is made under the authority of Sections 781.001 et. Seq.,Texas Government Code; Whereas,each governing body,In performing governmental functions or In paying for the performanos of governments! functions hereunder, shall make that performance or those payments from current t revenues legally available to that Party;and VVIVeraw,the i Parties find that the panes of this Agreement is in the oommon Interest of Fort Worth and Jurisdiction,that the undertaking will benefit the public, and that the compensation set forth herein fairly compensates the performing Party for the services to be performed under this Agreement. NOW thwelom In consideration of the mutual promises, agreements and covenants contained herein, the partles do hereby agree as follows: 1• XMIM Unless otherwise terminated as set forth herein, the berm of this Agreement shall be a period of one(1)year'from the date of 0)(So tin ("Effootive Date"), and, M Jurisdiction is not in default any of igations under this Agreement, the annul! for Agreement shall automatically renew 2. kWAROM Fort Worth shall provide Jurisdiction with access to information provided by partiotpante residing in Jurisdiction who are In the Special Needs Assistance Program,as well and In access tolchanges in Information, Including but not limited to participant additions, removals, CRY of ftd WOM OFFICIAL,RECORD FT, W0,11"Mi TX AUG 11014 3. Rtdddm an 13L 3.1 Jurisdiction shall root disclose or use anysenstlive, personal,or con&hM l information received thorn the Special Noads Assistance Program or from Fort Worth that Jurisdiction should reasonably know is sensiiiss or confidential (TAmtkiential information). Jurl ill ction agrees to beat Confldwft lr formoWn as it would its own corrfldentlaf Information and to disseminate it within its own organization only to the axiel necessary for the purposes for which it has been provided and only to Jurisdiction g employees who are bound to maintain fie cormentt gy. 3.2 Such restrictions on use or dledowrs of Confidential Infom s*m described it Paragraph 3.1 do not extend to any informmbn Which (1) 'is publicly known at the time of its disclosure (g) is lawfully nstxrived from a third party not bound in a confdential relationship to Fort Worth(80 Is pubUshed or oth Y*o made known to the public by Fort Worth (iv) is independently developed 'by Jurisdbtbn without using Com kiarmid information of Fort Worth or Is required to be disclosed Pursuant to a court order,duly authorized subpoena; or other povemmentel or Ie8loMgtve authority. In such cases, nodoe must be prewldad to Fad Worth upon such disclosure. 3.3 upon termination or expiraft of this Agreement, or in the event Fort worth reasonably detsrmbtes float Jurisdiction Is in broach of its duties or obligations under this Agreement, and upon wrtifsn request by Fort Worth,Jurisdiction shall retum all Information received, with a letter confirming that the Coddenim Information has in no way been oompromised,'reproduced or copied beyond#0 which is allowed by this Agreement,and that GO copies have been retuned. 3.4 This Agreement epaaifloally prohibits Jurisdktiion from granting any access to the Cc Mal Information Or any 'Information compiled by Jurisdictioon using the CordidentW Information to any third party without the express written consent of Fart Worth,unless so required to provide the ConodeM d information under federal or state law. Jurisdction Is sblety responsible for pmmc ft=me to Confidential Information against any third party while the brfomation is in the poassasbn of Jurisdkrfbn or the third patty. 3.6 Jurisdiction shall not distribute or allow unauthorimd mom to any Confidential Inbrmatbn In any form that was In all or partly derived from the Special Needs Assistance Program. Jurbdlction shag stone all Confidential information In a secure manner and shall not allow unsuffmftad users to view, Boom, modit delete or otherwise corrupt Fort Worth Information in any way.Jurisdiction shall no*Fort Worth immediately K<the security or Integrity of any CoM MtW information has been compromised or is believed to have been compromised. 4. e"mwl mgm Jurisdiction shall pay Fort Worth an annual amount not to exceed$1.00 for use of the$pedal Needs Assistance Prograrn pursuant to this Agreement. & Fort Worth makes no warranty as to the veracity or accuracy of the Confidential Information or any Information in the ape" Needs Assessment Program. Jurisdiction acknowledges that the Special'M%K%Assessment Program is a voluntary program and that d information Is provided by the individuals residing in Jurisdiction, not by Fort Worth,and Fort Worth has no duty to determine the aocurgoy or veracity of any Information In the Special Needs Assessment Program. 8• ,aRICIilabiLLM All information shafted between the parties wig be transferred,maintained and stored in accordance with all appilcable federal and state laws governing the transfer and/or COY ofF=tWbM POPUFS -disclosure#personal f ibmetiorr, 1ntiUtllrrq but not 1im1 'tc, Cfiap6sr oy the Tun Government Code,the Texas Msdktal Pramloss Atli,the Americans vd#h DeabNides Act,and any aP01e federal,state or local[oats,rules,regulation and ordinances., I UMLUV. It Is understood and agreed that in the execution of this Agreement,no Party waly"nor shall be deemed hereby to waive any immunriy or defense that would Otherwise be available to it ago*claims wiling in the =mobs of govemmantai Powers and functions. Each PAY agrees to be liable for any damages or loss that may be caused by its own neglMuoe,omissln or intentional misconduct. The tsmr party shall include employass ofncars, roPreSBn�hres,and voiunbeers of Jurisdiction or Fort Worth. S. SM"Wwd Q. Termination of eaves to the Information provided Pursuant to this Agreement shad only be if there b a change In the Special Needs Aseetarm program or In the event that Jurisdiction does not fultili its duties and obligaik=herein stetad. 8• Neither Fort Worth nor Jurisdiction will assign or i dubs,obligations or rights under this Agreement WNW the prior written 10.JNkfiL Notices required Pursuant to the WwWlons of this Agreement shall be =***determined to have been dellvensi when (1)tWUWgIWarad to the other party, its dents, employees, servants or represenlativee, (2) delivered by fnalmNe with elsctronio ocnlhmation of the bwmmesion, or (5) racsWed by tha'other party by United States Mon, (eOsered,tebtm reoeWt requested,addressed es follows: To Fort To Cattle tam: Clly of Fort Worth Town of tittle Elm Attu:Human Resources Director Attu:Human Resources Dlreotor 1010 Throckmorton 100 W.Eldorado Parkway Fort Worth,TX 78102-8511 t.ittte Elm,TX 76068 11.6912NN I-m nue. This Agreement shall be kxmstrued in a000rdance with the in*W laws of the State of Taucae. If any Win, whathsr treat or asserted,at law or In equltyr, is brc*d on the base of this Agreement,venue for such action shall 8e In state oourts located In Tarrant Counly,Taxes or the United States District Court for the Northern DisM of Texas, Fort Worth Division. 12. q[ 4 K any provision of this Agreement Is held to be Invalid, illegal or unenforceable, the or Impaired. and er>foroeabNtgr of the remaining provisions shall not in any way be atreabsd 15.BAMM aluffbe It IS woressly understood that the errs ass, ma trods,facilities and aqulpment of Fart Worth shall at 911 times be under the exohrslva Jurisdiction. direction and control. it is understood that the empioyees, methods,fSdNIes, and equipment of Jurisdkelon shall at all times be under Juriediction s WAusive jurisdlotion,`dhstion and control. 1 4• h rid ��io 1 This Agreemend, Including the schadule of exhibits atteohed Y noorPorated herein by referenoe,ow telm the entire understanding and agreement between Fort Worth and Jurisdiction,their asatgns and sucosemm in interest,as to the ma"are contained hereln. Any Prior or contemporaneous oral or written agreement is hereby declared null and void to the extent In Corrilict with any provision of this Agreement. 15. fa laftem. Fort Worth and Jurisdiction shall Onfolee thek best efforts to meet their 108PKMW dates and obligations as not forth in this Agreement, but shah not be held liable for any delay or omission In peformanoe due to force majeure or other causes beyond their reasonable control(forte moure),including,but not limited to,comolar"with any government taw,ordinance or reguetion,acts of GOO,acts of the publIo enemy,tires,strikes,lookouts,natural disasters,wars,riots,material or labor restrkrtlons by any governmental authority, transportation Problems and/or any other similar osuaes. CIW OfFovtworrn pap 3i 015 stare/iproe,nerK ' term fih faAora of FM WNt or mod am m tD bim u -the= or Provision of this AWown nt or to a w"s a parfornia�ioe ad ally WOW of Fort Worth's or Jurlsdh�ton's r+ee ny herein Ad not cot MUM a to assert any such eQM on any ft&M&M ocoas to insist appTOpriate perfortnancs�or pioature Page Fottowe] C1 OIRWtWorth S4�9homAordwm t FORT VUORTH: Me Elm: CRY OF FORT WORM TOWN OF D. ELPR T M .A�r 0 Cw, 0 it Mueffer CKY momew 0 7. 31. 14-, Dab Data APPROVED AS TO FORM AND LEE Q,ALrTY- Asi latent WAuomoy7 Of FO 6 1 0 0 , AttesW by,�` 0 �, 00 , 00 maxy c 0 ol( . Seretary 0:eNo. P IIN0000 Doo OFFICIAL RECO, RD m 011,*==AW96M4M ap p"96ofs CITYSSECRETAM WORTH