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Home My WebLink AboutContract 26822 CITY SECRETARY:? ¢�'fJ CONTRACT NO. U LIMITED RIGHT OF USE AGREEMENT This LIMITED RIGHT USE AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a hoff rule mun cipal cprporatio situated in portions of Tarrant and Denton Counties, Texas and ��a ("Contractor"). The following statements are true and correct and form the basis of this Agreement: A. The City has procured and is maintaining City-wide digital orthophotography ("Orthophotography") to support geographic land base development and other GIS implementation activities. B. Contractor has entered into a con�act with the City to perform services in connection with that certain project entitled ;n�; ("Project"). Contractor acknowledges and agrees that the Project contract 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 Orthophotography, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE,the City and Contractor hereby agree as follows: 1. SPECIFICATIONS. 1.1. The Orthophotography covers approximately 650 square miles and includes Tarrant County and portions of Collin and Denton Counties, Texas, including the City in its entirety. The Orthophotography is partitioned into areas in the form of map tiles, each of which is 12,000 feet by 8,000 feet. 1.2. The Orthophotography, with 0.5 meter pixel resolution, was produced from 1"=2,800' scale photography acquired -from a controlled aerial 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-error equal to or less than 1.0 meter. The horizontal accuracy requires that two-thirds of all photo-identifiable points fall within 1.0 meter and 90 percent of all photo-identifiable points within 2.0 meters. 1.3. Street centerlines, railroads, and water bodies constitute a raw vector planimetric database derived from the 1994-95 data. The vectors were developed as part of 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 accuracy as described in Section 1.2 of this Agreement. An associated coverage depicting NAD 83 Texas State Plane Coordinate 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 the 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. The 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 accuracy as described in Section 1.2 of this Agreement. 1.5. The City is granting Contractor the rrse of the Orthophotography as a courtesy zl to Contractor. Contractor shall rrse the Orthophotography only as an airs and not in lieu of other industry standards that ►vould ordinarily be employed by Contractor in the performance of its dirties, obligations and services under the Project. Contractor understands and agrees that the Orthophotography may not be accurate enough or current enough for Contractor to rely solely on the Orthophotography in the performance of its dirties, obligations and services tinder the Project. Contractor shall be liable for any damages, errors, omissions based upon such reliance. 2. GRANT OF USE AND DATA COPYRIGHT AND DISTRIBUTION. 2.1. Contractor is hereby granted 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 of map tiles applicable to this Agreement is provided in Exhibit 1, entitled Coverage Area, which is attached hereto and hereby made a part of this Agreement for all purposes. 2.2. The City shall retain copyright ownership of the 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 of the Orthophotography. 2.4. Contractor shall not reproduce and/or 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 fiirther agrees to ensure that the Orthophotography is not reproduced and/or distributed in printed, electronic or any other form by any other party. PY r 2 L. c JJ' J_ ➢ U�e 3. LIABILITY AND INDEMNIFICATION. CONTRACTOR SHALL BE LIABLE FOR ANY AND 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 OM1SSION(S) OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES. CONTRACTOR,AT CONTRACTOR'S OWN COST OR EXPENSE, HEREBYAGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES FROM AND AGAINST ANY CLAIM, LATVSUIT, DEMAND OR OTHER ACTION TO THE EXTENT THAT THE SAME ARISES, IN IVHOLE OR IN PART, FROM THE NEGLIGENT ACT(S) OR OJYIISSIOIV(S) OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, SHALL NOT BE LIABLE TO CONTRACTOR OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY CONTRACTOR OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DA M4 GES. 4. 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, including Exhibit I and any other documents incorporated herein by reference, constitutes the entire understanding and agreement between the City and Contractor as to the matters contained herein. 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 `VI ESS WHEREOF the parties hereto have executed this Agreement on this _day of mar 3 `� 'rJ� CITY OF FORT WORTH: CONTRACTOR: Name of Contractor^ B 6? U: �L� By: {. y• Charles Boswell Authorized Sig Assistant City Manager Printed Name:' h�� .h.� �•�•��,� Title: ATTEST: ATTEST: By: f By. Aity-Seciretary APPROVED AS TO FORM AND LEGALITY: Contract Authorization Date B Agsistu City Attorney ,y M M& C: none required // CITY SECRETARY p CONTRACT NO. O Z� August 16, 1999 LIMITED RIGHT OF USE AGREEMENT INSTRUCTIONS The following steps must be taken in order to release CFW Digital Orthophotography to a CFW Third Party Contractor. 1. Fill out a LIMITED RIGHT OF USE AGREEMENT for each project request—even if it is an extension of an area for which a request has been previously submitted. (Copies of the agreement may be obtained in GIS. You may also copy and keep several ready for use in your department.) 2. Have the requesting company take the agreement and get it signed by an authorized representative of their company. According to city of Fort Worth policy,this must be a vice-president or higher. 3. Have the contractor return the signed contract to you. 4. Forward the completed contract to me: Kathy winters, GIS manager. Please 'include a fiend-account-center number to charge the process to. (Usually this is a$25 fee to burn the CD andl/4-112 hour of analyst time at$55/hour to process this.) If this amount is to be paid for by the contractor—please make arrangements to bill them for this charge. 5. I will then authorize a CD to be burned of the requested tiles. 6. We will contact you when the CD is ready to be picked up. FYI —we have worked hard to come up with a way to streamline this process. Once the Contractor signs the contract, we are free to process the request even though it will not have been signed by the ACM. I will forward the contract to legal and to the appropriate parties and keep them on file in GIS/ISS. Please call Kathy Winters, GIS Manager, X8435 or Douglas Belardi, X6636 if you have any questions. DD DSU c LSis`'��Y