HomeMy WebLinkAboutContract 25920 CITY
CONTRACT NO Y9��
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 Inspection Tech 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 organization to perform
plan review and inspection services in the City.
C. Contractor has certain data associated with Inspection Services ("Data") on the City's
Network. 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, IT Solutions 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
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submitted to Contractor within thirty (30) days of receipt. The City shall have the rights to revise
the rates at any time upon thirty (3 0) 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 Network 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 Network 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 Technology Solutions 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 immediately 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 OFANY BREACH
OF THIS AGREEMENT BY CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR
EMPLOYEES. THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES,
SHALL NOT BE LIABLE FOR ANY DAMA GES THAT CONTRACTOR MA Y INCUR ASA
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
REASONABLE SECURITY MEASURES TAKEN BYTHE 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
INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS,
SERVANTS AND/OR EMPLOYEES. CONTRACTOR, AT CONTRACTOR'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 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 ESS WHEREOF, the parties hereto have executed this Agreement on this
7t,'L day of .Gliy,zi
CITY OF FORT WORTH: CONTRACTOR:
Inspection Tech Services
Name of Contractor
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By: &,,&, " �Y
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Charles Boswell Authorizeature
Assistant City Manager �Ij
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Title: 460,1746A-
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ATTEST: ATTEST:
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By: By:
City Secretary —DD
APPROVED AS TO FORM AND LEGALITY:
By:
Ayss'l'stAht City Attorne
M& C: none required
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Exhibit 1
Rates
The rates set forth below are the current prices for services provided. Rates
effective through September 30, 2000. Rates subject to change each October
1 thereafter.
Batch & Database Processing $6.15 Per Minute
CICS Transactions $0.0045 Per Transaction
Lines Printed $0.0005 Per Line
Network Dial-in Service $60.00 Per Sign-on/Month
Network Dial-in Setup $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).
Network Dial-in Service Network 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.
Network 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 customer 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.