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Home My WebLink AboutContract 26688nPR-12-01 TF.0 8�27 hl,f TP4��,' ,;DI��iIi� EA}; ti0, 917 8?1 8092 P, 2 �, CITY �ECREiARY `' CONTRACT NC.� , s��a 8 LIMITED RIG�iT OF USE AGRE�MENT This LIMITED �tIG�iT USE AGREEMENT ("Apreement") is made and entered into by and between the CITY OF k'ORT WORTI� ("City"), a home rule municipal corporation situated in portions of Tarrant and Denton Counties, Texas and'1'1)1Z 1Z QJU,IE �' S�Ac1'�J �� , ("Contractor"). The following statements are true and correct and fortn the basis of this Agreement: A. The City has proeured and is maintaining City-wide digital orthophotography ("Orthophotograph,y") to support geographic land base development and other GIS implementation activities. B. Contractor has entered into a contract with the City to perform services in eonneation with that certain project entitled l��{MOt� i�Afl E1G'LEIri5Lb1�1 ("Projeet"). Contractor acknowledges and agzees that the Project contraet shall be in addition to and incorporated as part of this Agreement for all purposes, Contractor requires the use of the Orthophotography in order to carry out its services to the City under the Project. The City is willing to grant Contractor use of the Orthophotogzaphy, subject to the terms and conditions set forth in this Agreement. NOW, THERE.�'ORE, the Ciry and Contra�tor hereby agree as follows: 1. SPECIFXCATIO�IS. 1.1. The Oxthophotography covers approximately 650 square miles and includes Tarrant County and portions of Collin and Denton Gounties, Texas, includin� the City in its entirety. The Orthophot.ography is partitioned into areas in the form of map tiles, each of which is 12,000 feet by 3,000 feet. 1.2. The Orthophotography, with 0.5 meter pixel resolution, was produced from 1"=2,800' scal.e photogzaphy acquired from a controlled aezial survey at a flight altitude of 17,300 feet above ground elevation (1994-95 data) and 10,200 feet for a 1997 update. The Orthophotography has a horizontal root-mean-square-ezror equal to or less than 1.0 meter. The horizontal accuracy requires th.at two-thirds of a11 photo-identifiable points fall within 1.0 metez' and 90 percent of all photo-identiiiable points within 2.0 meters. 1.3. 5treet eenterlines, railroads, and water bodies constitute a raw vector planimetric database derived from the 1994-95 data. The vectors were developed as part o£ the digital orthophotographic rectification process and as such represent raw vector data with no attributes attached. The vectors are positionally accurate to the underlying digital orthophotographic base with horizontal aecuracy as deseribed in Section 1.2 of fhis 'u��J'�� QL� ��f ��c�� ,, „�,��;� ��. � �� ;�,_; , APR 12 '01 a8�49 817 871 8�9? PAGE.02 hPR-12—01 T�U 8:28 hl,� TPI��' ,;DI�iIi` F,,�A'. tdp, �17 8?1 �iJ92 P, 3 ti Agreement. An associated coverage depicting NAD 83 Texas State Plane Covrdinate grid tics was produced. 1.4. The Digital Elevation Model ("DEM") was generated from the 1994-95 1"-2800' scale photography. The DEM has 90% of ttte points vertically accurate to within 1.0 meter. This allows the creation of topographic maps that accurately depict 2.0 meter contour intervals. The terrain model consists of 3-D break lines and spot elevations. Th� optional street edges data was captured as raw vectors with no attributes attached. The vectors are positionally accurate to the underlying digital orthophotographic base with horizontal accurac� as described in Seetion 1.2 of this Agreement. 1.5. The CYty is graniing Contractor the use of the Orthopl:otography as a courtesy to Contr�ctor. Cvntractor shal! use the Orthophotography only as an aid and not in lieu of olher industry standards that would ordinarily be ernployed by Contracior �'n tlie performance of its duties, obligations anr! services under the Project. Contractor untlerstands and agrees that tlte Orthopltotograpl�y may not be accurate enough or cur�ertt enougli for Contractor to rely solely on the Ort/:ophotography in the performar:ce of Its duties, obligatfons and services uncler tfre Project. Cvntractor shal! be liable for any damages, errors, omissions based upon scrcli rel�'ance. 2, GRA,1�tT OF YJSE AND DATA �OPYRYGHT ANn DZST�tIBUTION. 2.1. Contractor is hereby gra�ted a limited right to use the Orthophotography which includes street centerlines, railroads and water bodies for the specified map tiles. This Agreement also applies to the limited use of the DEM and street edges database over the same geographic area. The list af znap tilas applicable to this Agreement is provided in Exhibit 1, entitled Coverage Area, which is attached hereto and hereby made a part of this Agre�ment for all �urposes. 2,2. The Cit� shall retain copyright ownership of th� Orthophotography. 2,3. The Contractor shall use the Orthophotography for the sole purpose of fulfilling tasks associated with the Contractor's obligations under the Project. Upon completion of such project or upon the City's written request, Contractor shall completely erase all electronic copies o� the Orthophotography. 2.4. Contractor shall not reproduce andlor distribute the Orthophotography or any of its associated data in printed, electronic or any other form without the City's written consent and direction. Contractor further agrees to ensure that the Orthophotography is not reproduced and/or distributed in printed, electronic or any other form by any other party. ��G�O�c �/�a G��C�C��D �n�1 �[��;��G�� n �'�`J� !'�) �� FU L�i��Fi Z _ �:.. APR 12 '01 08�50 817 871 8�92 PAGE.03 RPR-12-01 THU 8:29 Hhf TPI�J ADI�;�II,I � 3. LIABTL�TY AND YNDEI'�NIFYCATION. EA� I�O, 817 8?1 80'32 P, 4 CONTRAC�'OR SHALL BE LIABLE 1�'OR ANY AND .4LL PROPERTY LOSS, PROPERT.� DAMA�E AN1'J/OR PERSON,4L !NJ'iIRY, 1'NCiUDING DEATH, AND ALL C,CAIMS, DEMANDS AND JUDGMENTS TH,E.REFOR, TO THE EXTEN'T C�l USED BY THE IYEGLICENT ACT(S) OR OMISSIDN(S) OR INTL�IVTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICE.RS, AGENTS, SE,RVANTS AND/OR EMPLOYEES CONTItACTOR, AT CONTRACTOR'S OT3lN COST OR EXPENSE, HEREBX AGREES TO INDEM'NIFY, DEFEND AN.D HOLD K4RMLESS T�i'E CITY, 1?'S OFFICERS, AGENTS, SL�R vANTS AND/OR EMPLOYEES FR OM AND A GAINST ANY CLAIM, LA WS UIT, DEMAND OR OTHER ACTXON TO THE EXTENT TH.4 T THE SAME A.RISES, IN WHOLE OR I1V PART, FROM THE NEGLIGENI ACT(S) OR OM.�SSION(S) OR 1'NTENTXONAL MISCONDUCT OF CONTRACTOR, XTS OF.�'ICERS, AGENTS, S.�'RVAIVTS OR E��PLOYEES. T1YE CITY, ITS OFFICERS, AGENTS, SERVAN?'S AND EN,tPLOYEES, SHALL NOT BE LIABLE TO CONTRACTOR OR ANY THI,RD PA.RTY FOR ANY DIRECT, INDIRECT, SPECL4L, INCIDENTAL OR CONSEQ UEN77AL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, ,ttEVENUE, DATA OR USE, 1'1YCURRL�'D BY CONTRACTOR O� ANY TH1'R,D PARTY, WHETHER IN AN ACTIDN 1'N CONTRACT OR TORT, EVEN IF ADVl'SED OF �HE POSSIBILITY OF SUCH DAN,(A GES. 4, ENTIRE AGREEMENT. The terms of this Agree�nent 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. Tl�is Agreement, including Exhibit 1 and ar�y other documents incorporated herein by re%rence, c2nstitutes the entire understanding and agreement between the City and Contractor as to the matters contained herein. An� prior or cor�temporaneous 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 ackziowledges that the Contractor has read this Agreement and agrees to be bound by terms and conditions set forth herein, IN `VVITNESS WHEREOF, the parties hereto have executed this Agreement on this j'L. day of �1PR,1 L � �_• _ ,J��0�� G?�C��G�D �� G��I U'y�� r"��r ��ii:�l;�)il UlSL��, � _.. ;;°-` ,_,.__: �_�.. =, _:, APR 12 '01 08�50 817 871 8092 PAGE.04 CITY OF FORT WORTH: � : , � ,� _s� ,_�� / Charles Boswell Assistant City Manager ATTEST: � gy: r��-a''}-' City Secretary 'u"�� APPROVED AS TO FORM AND LEGALITY: . By: Assist t City Attorney �� M & C: none required - CONTRACTOR: �f �-t� � `� � � � 1 � � � Name of Contrcrctor �By At�thorized ignatttre Printed Name: �f►�tJ �OJ 1C t'i Title: �55�- . V �� ATTEST: C � �::�i]�u�;; U.I�:� �'�C�uaD E�:- �� 1�^ ��:� Uu��Uv';1 c ll 's 4 i �'�,i ;:11 "' � , �1�� ,,!�-_ U�p ��. RPR-I�-OI TF�U o:30 Al�� TP1+��' ,4DI�i�I� FA� I�O, 917 8?1 �092 P, 6 EX��BIT 1 �ovQra�� re� The following tiles are hereby released f�r the egclusive use of the follorrving pruject: PROJECT NAMF�: /7-�� l%�%� �__��•��D�CJ Tiles: �v�v� �.0 � �% � ��::��U�'f� �� U ��CC��D ° '��f ��'';'G°�f� ,° G°�1� � 4 5 r � � ~l(:'1 5 1 .r�'° I�1�r` ��''�'+��1, �I.��1r��, �I APR 12 '01 0��51 817 871 8092 PAGE.05 �� W "_�� °. � -;�i�i,=��:� u� ��= G..'��G(�D ';-�'?�`�� I�`�G'[��;G�� '~ I�IIf�'�� )�7��j�j r(�'1 ;'n �.-�f` l„`i,;}i.l��i-II'JII �J�.y)( _ ��,..._ - D l�[��a