HomeMy WebLinkAboutContract 51741 CITY SECRETARY
CONTRACT NO. 517y l
Data Sharing and Non-Disclosure Agreement for Electronic Data and Intangible Assets
This Data Sharing and Nondisclosure Agreement for Electronic Data and Intangible Assets (the
"Agreement") is by and between Tarrant Regional Water District, a Water Control and Improvement
District, (the "District") and the City of Fort Worth,Texas, a home rule municipal corporation ("Receiving
Party")(both parties,collectively,the"Parties").
WHEREAS, the District maintains rain, river, sump and lake gauges that record data
("Information")the Receiving Party feels would enhance their flood warning network;
WHEREAS,the Information collected and maintained by the District is not public information;
WHEREAS,Receiving Party desires to access and use the Information for its internal flood warning
network;and
WHEREAS,the District agrees to provide the Receiving Party with Information upon the following
terms and conditions.
NOW THEREFORE, in consideration of the duties, covenants, and obligations below, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as follows:
1. The District agrees to make available the Information by secure file transfer of
Information to OneRain, Inc.,the third party hosting entity for the Receiving Party.
2. All Information made available to the Receiving Party will remain the exclusive property
of the District, except as allowed for by Section 4 below and shall be used by Receiving Party only for the
purpose of enhancing its flood warning network.
3. ALL INFORMATION IS PROVIDED "AS IS." DISTRICT MAKES NO WARRANTIES, EXPRESS
OR IMPLIED, REGARDING THE ACCURACY OR COMPLETENESS OF INFORMATION. Monitoring sites
operated by the District are strictly for operational purposes. Documented routine inspections and
other quality assurance measures are not performed that would make the data acceptable for archival,
retrieval,or future use in general scientific or interpretive studies.
4. If Receiving Party publicly displays any part of the Information, Receiving Party shall
include the following disclaimer:
"Monitoring sites operated by the District are strictly for operational purposes. Documented
routine inspections and other quality assurance measures are not performed that would make the
data acceptable for archival, retrieval, or future use in general scientific or interpretive studies."
5. Either Party may terminate this Agreement upon ten (10)days written notice.
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OFFICIAL RECORD
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6. Notwithstanding any other provision of this Agreement, it is stipulated and agreed that,
by entering into or performing under this Agreement, the District nor the Receiving Party has not and
does not thereby waive its sovereign immunity from suit and/or liability.
RECEIVING PARTY: DISTRICT:
CITY OF FORT WORTH,TEXAS, TARRANT REGIONAL WATER DISTRICT
a home-rule municipal corporation a Water Control and Improvement District
CAJ1_ �,G— / By:
i\,—)Susan Alanis Printed Name:
Assistant City Manager
CONTRACT COMPLIANCE MANAGER
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Name: KeLf%.A(AVj
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Title: ►'L('cY fyz&� t in[Gw'
Date:
APPROVED AS TO FOP.:"AND LEGALITY:
By. Nv
Christa R. Lopez-Reynolds U Senior 4istant City Attorney
Date:
ATTEST,
TTES
By: Ir
17—AN Kayser < 4,
City Secretary
Date:
Form 1295: Not required
Contract Authorization:
P:\TRWD\CIT/FW\Data Sharing\TRWD Offsite Data Sharing Agreement(4)12-20-2018.docx
OFFICIAL RECORD
2 CITY SECRETARY
FT. WORTH,TX