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HomeMy WebLinkAboutContract 30968 CITY SECRETARY CONTRACT NO. JOq66 FORT WORTH IT SOLUTIONS DEPARTMENT USE LICENSE AGREEMENT Licensor: CITY OF FORT WORTH Licensee: GIDEON TOAL, INC. c/o IT SOLUTIONS DEPARTMENT ATTN: DAVID PETTIT 1000 THROCKMORTON STREET 500 W. SEVENTH STREET, SUITE 1400 FORT WORTH, TEXAS 76106-2736 FORT WORTH,TEXAS 76102 In consideration of the mutual covenants, promises and obligations contained herein, the parties agree as follows: This Use License (hereinafter "license") embodies existing land use data, lot and block data, certain exiting utilities information, taxable land values and improvements data, existing traffic patterns and public transportation locations, historically significant structures and designations, and district and political boundaries, collectively "Geographic Information Systems (GIS) data" for the City of Fort Worth. 1. Pursuant to City Secretary Contract ("CSC") No. 30910, the terms of which are hereby incorporated by reference and made a part of this agreement, Licensor hereby grants to Licensee an irrevocable, non-exclusive license in perpetuity to reproduce, reformat or make copies of the GIS data, or excerpts therefrom, in its geographic database. Under this agreement, the Licensee may copy the GIS data on local network systems and free-standing workstations owned, leased, or operated by the Licensee, or an authorized Licensee subcontractor, for use by authorized users at their principal place of business. Nothing herein contained shall be construed as granting to Licensee the right to utilize the information for any manufacture or sale of any types of reproduction, other than those specifically listed herein. Furthermore, the GIS data is not to be sold, copied or reproduced for any other entity, agency, company or corporation outside of the licensee, or its subcontractors. The GIS data is provided as is, and any required updates to the information shall be by agreement only. 2. Licensee may use the GIS data to plan, manage and redevelop a feasibility analysis for a mixed-use neighborhood in east Fort Worth commonly known as the Woodhaven neighborhood ("Woodhaven") in accordance with CSC No. 30910. If data is missing from the information provided, and more accurate GIS data exists within the City of Fort Worth GTS layer, then that data may be incorporated into the provided information upon request. 3. If the GIS information is included in any sort of publication or public display, Licensee shall not make any claim or right of ownership to the GIS data. If displayed publicly, the Licensee agrees to accord a credit, conspicuously and appropriately located, in substantially the following form: GIS data for this project was furnished by the City of Fort Worth, Texas O Copyright 2004 by the City of Fort Worth. All rights reserved. All other characteristics of such credit shall be left to Licensee's discretion. 4. Licensor warrants that the GIS data is duly copyrighted under the U.S. Copyright laws and that Licensor has the legal right to grant this License. The Licensor hereby disclaims all express or implied warranties or guarantees regarding the GIS data. 6. This license is binding upon, and shall inure to the benefit of the parties' respective successors and assigns. This license constitutes the entire agreement between Licensor and Licensee and shall not be altered, modified or amended except by a written instrument signed by both parties. 7. Licensee agrees to indemnify and hold Licensor, its agents, officers, or employees harmless from any and all damages, liabilities, costs, losses and expenses (including legal costs and reasonable attorneys' fees) arising out of any breach of any of the warranties, representations or covenants made by this Agreement. 8. Licensor shall supply Licensee a copy of the GIS data licensed for use as specified herein, and in accordance with CSC No. 30910. 9. Upon any breach or alleged breach of this Agreement by licensee, Licensor shall have the right to immediately rescind all rights granted herein, terminate this Agreement, or sue for injunctive relief. 10. This License shall be governed by and interpreted according to the laws of the State of Texas applicable to agreements to be wholly performed therein. If any action, whether real or asserted, is brought on the basis of this Agreement, venue shall lie in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. IN WITNESS WHEREOF, the parties thereto have executed this Agreement in multiple originals on this the A�_day of p,,w1 , 2004. CITY OF FORT WORTH: GIDEON TOAL, INC.: y By: By: Assistant Cit Manaag{er Date: �� �U ` --' Name: ✓ ✓ V �t� Title: Date: -~ Approved as to Fo 1 and Legality: By: By: Marty Hen rix City Secretary Assistant City Attorney l�Q.. t mqa k � Date: ac authorizatiou STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigneduthorit a Notary Public in and for the State of Texas, on this day personally appeared � ki Q-VA� &e'l � , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Gideon Toal, Inc., and that he/she executed the same as the act and deed of Gideon Toal, Inc., for the purposes and consideration therein expressed and in the capacity therein stated GIVEN UNDER MY HAND AND SEAL OF OFFICE this I day of rY6V�l � 20 `4 _A TRACEY tA. MWAY Ml'COtv1hyS3iON EXPIRE 3 September 11,20L17 r ' Notary Publ' in and for the S to of Texas STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authorit a Notary Public in and for the State of Texas, on this day personally appeared ( , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he/she executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. ,Z", — GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of c✓¢,rte �� 20 'J. TRACEY M. MWAY l u ' Ml'Co.,%i.5310N EiXPIRE.3 � September 11,2007 Notary Pu lic in and for the aJ. of Texas