HomeMy WebLinkAboutContract 47148 3
INTERLOCAL COOPERATION CONTRACT
This Interlocal Cooperation Contract ("Contract") is entered into by and between the
Contracting Parties shown below, each referred to separately as a "Party" and collectively
as the "Parties" pursuant to the authority granted by and in compliance with Chapter
791 , Texas Government Code.
I. Contracting Parties
The Receiving Party: The City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
ATTN: Barbara Sharpe
The Performing Party: The University of Texas at Austin, an institution of higher
education and agency of the State of Texas
ITS Office of Telecommunication Services ("UT OTS")
P.O. Box 7580, Mail Code C3800
Austin, TX 78713-7580
ATTN: Kelly Porterfield
II. Purpose / Scope
Subject to Receiving Party's compliance with the Texas Higher Education Network
("THEnet") Use Policy (Appendix A attached and incorporated by reference),
Performing Party shall provide Receiving Party with access to national networks,
including the commodity Internet, the Internet2 and National LambdaRail networks
(the "services"), and includes a port charge which is necessary to connect to the
network. Such access is accomplished via Receiving Party's connection to the THEnet
backbone. The THEnet backbone interconnects all THEnet subscriber institutions,
including Receiving Party, and acts as a conduit to the national networks.
Ill. Responsibilities
Receiving Party shall comply with the Texas Higher Education Network ("THEnet") Use
Policy (Appendix A attached and incorporated by reference). Performing Party shall
provide Receiving Party with access to national networks, including the commodity
Internet networks (the "services") through the Receiving Party's connection to the
THEnet backbone. Performing Party shall enter into necessary agreements to allow
Receiving Party to connect to the THEnet backbone. .
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I
IV. Basis for Calculating Reimbursable Costs
Service #of Charge Amount #of Months and Total for
Units per per Dates Contract
(Mbps) Mbps Month
Commodity 12 Months
Internet 100 $12.90 $1,290.00 9/1/2015-8/31/2016 $15,480.00
OPTEMAN Infra- 12 Months
structure Charge $281.51 9/1/2015-8/31/2016 $3,378.12
Main Campus 12 Months
Port Charge $229.00 9/1/2015-8/31/2016 $2,748.00
Total Amt. of
Contract $1,800.51 $21,606.12
V. Contract Amount
The total amount of this Contract shall not exceed $21,606.12.
VI. Payment for Services
Performing Party shall send invoices to Receiving Party on a monthly basis. Receiving
Party agrees to pay all invoices of Performing Party within thirty (30) days of receipt of
such invoice. Performing Party may charge interest on late payments not to exceed one
percent(1%).
Payments made under this Contract will (1) fairly compensate Performing Party for the
services performed under this Contract, and (2) be made from current revenues available
to Receiving Party.
VI 1. Warranties
Performing Party warrants that (1) it has authority to perform the services under
authority granted in Section 65.31, Texas Education Code and Chapter 791 , Texas
Government Code; (2). it has all necessary power and has received all necessary
approvals to execute and deliver this Contract; and (3) the representative signing this
Contract on its behalf is authorized by its governing body to sign this Contract.
Receiving Party warrants that (1) the services are necessary and authorized for activities
that are properly within its statutory functions and programs; (2) it has the authority to
contract for the services under authority granted,in Chapter 791, Texas Government
Code; (3) it has all necessary power and has received all necessary approvals to execute
and deliver this Contract; and (4) the representative signing this Contract on its behalf is
authorized by its governing body to sign this Contract.
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Vill. Term of Contract
This Contract is effective as of the later of September 1, 2015 or date fully executed by
both parties ("Effective Date") and shall terminate on August 31 , 2016.
IX. Termination
Performing party may terminate the Contract without cause upon thirty (30) days' advance
written notice of termination to the Receiving Party. Receiving party may terminate the
Contract without cause upon thirty (30) days' advance written notice of termination to the
Performing Party. If this Contract terminates before August 31, 2016, a Termination Fee
shall be paid by Receiving Party to Performing Party to reimburse Performing Party for a
portion of the costs associated with obtaining the OPTEMAN aggregation port from AT&T.
The Termination Fee shall be $281.51 per month beginning at the first month following
the termination of this Contract, through August 31, 2016. In no event shall the
termination fee exceed $3,096.61.
X. Fiscal Funding Out
In the event no funds or insufficient funds are appropriated by the Receiving Party in any
fiscal period for any payments due hereunder, the Receiving Party will notify Performing
Party of such occurrence and this Contract shall terminate on the last day of the fiscal
period for which appropriations were received without penalty or expense to the Receiving
Party of any kind whatsoever, except as to the portions of the payments herein agreed
upon for which funds have been appropriated.
XI. Government to Government Mutual Indemnity and Liability
As self-insured, Governmental entities, with certain rights and immunities, in the event of
any type of claim, cause, action, lawsuit of any kind or character, rather real or asserted,
for any property damage or loss, and/or personal injury, including death, or an
infringement of any patent, copyright, trademark, trade secret or similar property right
arising from the use or sharing of the service, technologies, or equipment in this contract,
both parties mutually agree, at its own costs and expense, and to its own interests, to
defend, settle, or pay any claim or action, according to its own negligent acts, omissions,
or malfeasance of its entity, officers, agents, servants, employees or other valid users,
subject to the applicable laws and defenses, related to the use and sharing of the service,
technologies, or equipment in this agreement. Furthermore, no agreement to transfer risk,
liability, negligence, defense, indemnity, or to hold harmless the other entity is implied or
intended in this contract.
XII. Right to Audit
Performing Party agrees that Receiving Party and its internal auditor will have the right to
audit, which shall include, but not be limited to, the right to complete access to and the
right to examine, the financial and business records of Performing Parry that relate solely
to the documentation provided to the City pursuant to this Agreement, including, but not
limited to, all necessary books, papers, documents, records, and personnel, (collectively
"Records") in order to determine compliance with this Agreement. Performing Party
shall make all Records available to Receiving Party at 1000 Throckmorton Street, Fort
Worth, Texas or at another location acceptable to both parties within thirty (30) days after
notice by Receiving Party and shall otherwise cooperate fully with Receiving Party
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during any otidit. Notwithstanding anything to the contrary herein, this section shall
u-uzvivethn expiration oz earlier toruzinotiouof this Agreement,
X0. Immunity
It is expressly understood and agreed that in the execution of this [ont[a(t, no party
waives nor shall be deemed hereby towaive any immunity or defense that would otherwise
be available to it against da|rns arising in the exercise of governmental powers and
functions.
XlV. Successors and Assigns
Neither Party shall assign, sub|et, subcontract or transfer any interest in this Contract
without the written consent of the other party. No assignment, delegation of duties or
subcontract under this Contract will be effective without the written consent of the other
party.
X'V. Venue
The Parties to this Contract agree and covenant that this Contract will be enforceable in
Texas; and that if legal on is necessary to enforce this Contract, exclusive
venue will lie in Tanzarrt,County, Texas.
XVI. Remedies
No right or remedy granted herein or reserved to the Parties is exclusive of any other right
mr remedy herein bv law or equity provided or permitted; but each shall be cumulative of
every other right or remedy given hereunder. No covenant orconditions of this Contract
may be waived without written consent of the Parties. Forbearance o[ indulgence byeither
Party shall not constitute avvaiver of any covenant or condition to be performed pursuant
tn this Contract.
XV|L SeverabiDty
If any of the ternns, se(t}ons, subsecdons, sentences, dauses, phrasos, provisions,
covenants, conditions or any other part of this Contract are for any reason held to be
invalid, void or unenforceab|e, the remainder of the terms, sections, subsecdons,
sentences, clauses, phrasos, provisions, covenants, conditions or any other part of this
Contract shall remain in full force and effect and shall in no way be affected, impaired or
invalidated.
XV]U. Applicable Law
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This Contract shall be subject to and is to be construed, governed and enforced under all
applicable Texas and Federal laws. Siius of this Contract is agreed to
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County.
Texas for all purposes. indudingperfornanceand execudon. ^
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X3X. Entire Agreement
This Contract embodies the complete agreement uf the Parties hereto, superseding all oral
or written previous and contemporary agreements between the parties relating to matter
herein; and except as otherwise provided herein, cannot be modified without written
agreement of the parties.
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XX. Authorization
The undersigned officers or agents are properly authorized to execute this Contract on
behalf ofthe Parties hereto' and each Party hereby certified to the other that any necessary
resolutions or actions extending such authority have been duly passed and are now in full
force and effect,
XX), Relationship uf the Parties
It is expressly understood that the ennp|oyees, rnethods, fadlities, and equipment of the
Receiving Party shall at all times be under its exclusive jurisdiction, direction and control.
It is understood that the ennp|oyees, methods, fad|/ties, and equipment of the Performing
Party shall at all times be under its exclusive jurisdiction, direction and control.
Executed effective as of the Effective Data by the following duly authorized
representatives of the Contracting Parties:
Receiving Party Performing Party
The City of Fort Worth The University of Texas at Austin
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Name: ' '' ' ' -��� '
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Title:
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Date' Date:
Approved as to Form and Legality:
Assistant City Attorney '0
AttA t'
K�a rovZ Suauo'Alaoio �
City Sec[e &eeiatmot City Manager
Contract 0
Date
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Appendix A: THEnet Use Policy at The University of Texas at Austin
Network Abuse
Office of Telecommunication Services ("OTS") takes a direct and immediate interest in
protecting the operational integrity of the network from any activity at a THEnet
subscriber site which causes disruption of communications services on THEnet or
elsewhere on the Internet. In order to protect the network from any such occurrence,
THEnet subscriber organizations must be able to physically locate any given computer
based on the IP address assigned to it and, upon request, remove that computer from
the network or revoke the computer user's access to that and other computers, as
appropriate. In any case where on-going disruption of communications services on
THEnet or elsewhere on the Internet is traceable to a particular THEnet subscriber
organization and such activity cannot be controlled by that subscriber, then the
subscriber's THEnet connection may be shut down until the disruptive activity has
ceased.
IP Spoofed Address Denial of Service (DoS) Attacks
OTS requires that THEnet subscribers configure their router(s) in such a way as to
prevent their site's participation in so-called 'smurr and other IP spoofed address attacks
on other Internet sites.
The intended result of this policy is 1) to prevent a smurf attack or other IP spoofed
address attack from originating at a THEnet subscriber site, and Z) to prevent the use of
a THEnet subscriber as an intermediary 'amplifier' site.
Please see "Preventing IP Spoofed Address Denial of Service (DoS) Attacks" document at
http://www.the.net/tools/docs/`dosattacl<s.php. for an example of how to configure your
router against DoS attacks.
Spam
Transmission of unsolicited bulk email ("Spam") by a THEnet subscriber is strictly
prohibited, including the maintenance by a THEnet subscriber of 'open relay' systems
permitting such transmission by third parties. Additionally, a THEnet subscriber may not
host a network service (web-based or other) that is advertised in unsolicited bulk email,
even though such email originates in other networks. Repeated infractions of this Spam
policy will be considered grounds for termination of THEnet service.
Resale of THEnet Connectivity
The resale of THEnet/Internet access by any THEnet subscriber is prohibited.
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION:* Approved on 1/15/2008
DATE: Tuesday, January 15, 2008 REFERENCE NO.: **P-10710
LOG NAME: 13P07-0130
SUBJECT:
Authorize Cooperative Purchasing Agreements for Goods and Services Between the City of Fort Worth,
Local Governments and Local Cooperative Organizations Authorized by the Texas Local Government
Code
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute Cooperative Purchasing
Agreements for goods and services between the City of Fort Worth, local governments and local
cooperative purchasing organizations authorized by the Texas Local Government Code.
DISCUSSION:
The Purchasing Division will use this authorization to contract with local governments and local
cooperative organizations to obtain goods or services. The use of these contracts allows the City of Fort
Worth to take advantage of lower prices without the cost of competitive bidding by obtaining access to
existing competitively procured contracts with entities such as Tarrant County, Houston-Galveston Area
Council, Texas Association of School Boards' Local Government Purchasing Cooperative and U.S.
Communities.
This authorization will allow other local governments such as Tarrant County, the City of Arlington and the
City of Grand Prairie to participate in contracts awarded by the City of Fort Worth that may result in the
addition of other entities' quantities at the next bidding opportunity. Increasing the volume of goods and
services bid increases the possibility of lower prices to the City through greater economies of scale. Either
of the contract participants may terminate the agreement with written notice to the other party.
Section 271.102(x) of the Texas Local Government Code allows local governments to participate in
cooperative purchasing programs. Section 271.102(c) of the Code provides that a local government
purchasing goods or services under a cooperative purchasing program satisfies any state law requiring
that the local government seek competitive bids for purchase of the goods or services. The contracts for
goods and services have been competitively bid to increase and simplify the purchasing power of local
governments across the State of Texas.
The Law Department recommends that the Purchasing Division review these agreements
periodically. The last M&C regarding execution of agreements with these cooperatives was approved on
March 27, 2001 (M&C C-18510). Going forward these agreements will be reviewed every five years.
Approval of this Mayor and Council Communication will not commit the City to spend any funds.
Purchases exceeding the administrative procurement threshold provided in the City Code of Ordinances
will be presented to Council for authorization as required.
FISCAL INFORMATION / CERTIFICATION:
Logname: 13P07-0130 Page 1 of 2