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HomeMy WebLinkAboutContract 51220 CITY SECRETARY �` -k Wil.U CONTRACT NO. 409 South Jackson Street Moscow,ID 83843 Tel:208-883-3500 Fax.208-882-3317 www.economicmodeling.com Emsi Representative:Josh Wright Developer Agreement This Developer agreement is between City of Fort Worth, Texas ("Licensee"), and Economic Modeling, LLC of Moscow, Idaho ("Emsi"). I. Subscription Term Emsi will provide Licensee with access to Developer beginning September 1,2018 and ending August 31,2019, unless this agreement is extended or renewed. II. Fee The fee for the subscription is$10,000.00, invoiced upon contract signature and due within 30 days.Sales tax will be added for non-tax-exempt institutions. III. Subscription Services Users Emsi will provide Licensee with access to Developer for up to 10 authorized user(s).Authorized users must be employees of Licensee or of a partner entity specifically listed below. Emsi will issue each authorized user a unique login credential (username and password). Login credentials may not be generic(e.g., email aliases)or shared. Licensee will designate one person as the admin user,who will be authorized to manage Licensee's authorized user list and coordinate training. List of partner entities receiving users through this agreement(if applicable): Licensed Dataset Licensee will be provided access to the following selected United States data("Licensed Dataset"): Developer Data Detail Business Data Detail Developer Add-Ons Region Region ❑ National ❑ Emsi Zip ❑ Emsi County ❑National ❑Emsi Zip ❑ Emsi County ❑Job Posting Analytics 01 MSA(s) ® Emsi Zip ® Emsi County _MSA(s) ❑Emsi Zip ❑ Emsi County ❑On-Site Training* State(s) ❑ Emsi Zip ❑ Emsi County _State(s) ❑Emsi Zip ❑Emsi County 10County(ies) ® Emsi Zip © Emsi County _County(ies) ❑Emsi Zip ❑Emsi County List of selected region(s)(if applicable): Data for Dallas-Fort Worth MSA and surrounding counties *Additional Fee(this additional fee is applicable, for higher education institutions only, if the ProductAdd-On"On-Site Training" is selected above) In addition to the subscription fee, if Licensee choses to add an On-Site Training to their agreement, Licensee shall reimburse Emsi, upon completion of the On-Site Training, for travel expenses of the Emsi trainer(s) at an estimated cost of$1,500.00 but not to exceed$2,000.00. Emsi will provide Licensee with an itemized invoice for reimbursable travel expenses payable within 30 days of receipt. Additional Services Provided The subscription includes the following services: • Developer user training • Technical support via telephone or e-mail • Access to all new data releases(new data is released periodically) • Access to all Developer updates and upgrades during the subscription period -�- OFFICIAL RECORD CITY SECRETARY WORTH,TX ., Page 2 of 3 IV. Terms of Service Economic Modeling, LLC dba Emsi ("Emsi") provides online SaaS applications that use labor market data to connect and inform people, education, and business. Emsi's applications include Analyst, Developer, Career Coach, Workforce Insight, Alumni Insight, Talent, Staffing, and College Analyst. These Emsi Terms of Service ("ToS") apply to all Emsi's current applications, as well as any applications Emsi develops in the future whether or not they are named here(collectively"Emsi Apps"). License Licensees of Emsi Apps are granted a non-exclusive, nontransferable, non-assignable limited license to access data (the "Licensed Dataset")through Emsi Apps as follows: a) Unless otherwise stated in a written agreement, login credentials(a username and password)will be issued only to employees of a Licensee("authorized users"). Login credentials may not be shared. Licensee will not allow access to Emsi Apps by anyone who has not been assigned login credentials by Emsi. b) Licensee and Licensee's authorized users may(i)download elements of the Licensed Dataset using the download tools in Emsi Apps for Licensee's internal use, and may(ii)publish static elements(e.g.,tables,charts, graphs)of the Licensed Dataset in work products created by Licensee in the normal course of Licensee's business, either for Licensee or for a third party, provided that Emsi is cited as the source of the data. The citation shall be substantially in the form described in the Knowledge Base article,"How Do I Cite Emsi Data?" c) Licensee may not distribute any part of the Licensed Dataset to a third party in any manner that allows it to be further manipulated for that third party's independent use. d) Neither Licensee nor Licensee's authorized users will attempt to replicate Emsi Apps or the Licensed Dataset in design,content, or functionality. e) If an Emsi App or Licensed Dataset includes access to individual profiles or personally identifiable information("PII"), Licensee may only publish aggregated data that cannot be used to identify individual persons, and may not under any circumstance publish PII or data that may be manipulated or reverse engineered to create PII. f) Any Licensed Dataset that includes profile data or PI I is to be used for research purposes only. No Licensed Dataset may be used to identify or evaluate a person in a way that violates applicable employment, privacy, or other laws. Licensees may contact Emsi for permission to use the Licensed Dataset in a use case not covered by these ToS. Disclaimers The reports and forecasts in Emsi Apps and Licensed Datasets are created using proprietary analytical processes applied to data from public,proprietary,and government data sources.Emsi uses estimates when there are suppressed or missing data points, and such estimates are subject to error. Data, reports, and forecasts included in Emsi Apps and Licensed Datasets may differ significantly from actual circumstances or outcomes.In addition,Emsi cannot make any representation of the completeness of data aggregated from any source. Some Emsi Apps use global professional profiles aggregated by Emsi's parent company,CareerBuilder, LLC.Profiles that appear in Emsi Apps are built with publicly available data posted online by individuals about themselves.Such data comes from over 100 sources including popular sites such as GitHub,Google+,and Stack Exchange,as well as other professional networking sites, talent hubs, blogs, publications, journals, and social networks. Any information obtained from such sources cannot be guaranteed or verified to be accurate or up to date. Emsi Apps and the Licensed Datasets are provided "as is,"without warranty for a particular purpose or project. Emsi is not liable for their misuse, or for the results of any planning errors based thereon. Licensee is fully responsible for the decisions that are made based on Emsi Apps and the Licensed Datasets and the outcomes of those decisions, including any economic loss. Emsi's liability for damages to Licensee shall not exceed the amount Licensee paid to Emsi for the product or service in question. Licensee is responsible for providing computer equipment that meets the minimum technical requirements for accessing Emsi Apps described at.http:/Avww.economicmodeling,com/docs/analyst technical reguirements.pdf. Page 3 of 3 Emsi updates and upgrades products and services periodically. Emsi is not obligated to continue to support legacy versions of any product or service or make legacy versions of products or services available to Licensee.Emsi may update these ToS at any time without prior notice. Substantial changes to these ToS will be presented to authorized users at their next login after the changes are posted.Authorized users are required to read and agree to these ToS as a condition of using Emsi Apps and Licensed Datasets. For answers to questions about Emsi Apps, Licensed Datasets,or these ToS, go to Emsi's online Knowledge Base, use Emsi's online Get In Touch contact form,or contact your Emsi customer service representative by email or at 208-883- 3500. V. Applicable Law Any litigation regarding interpretation or enforcement of this agreement shall be brought in the state of Texas,and this agreement shall be interpreted according to the laws of the state of Texas without regard to any conflict of law provisions. VI. Licensee Contact Information(to be completed by Licensee before contract signature) Invoice Contact Admin User Name: or a SD �D RT Title: Mailing Address: X S 605 5% j�7- 9,Vk rHj 77( Phone: 7-H 8l7 - B16t - I Fax: 142vo Email.- /�-T1{ Y C� - O rOAe—1tcZR_T14 1EXAS.4 p V VII. Complete Agreement This is the complete agreement between the parties.Any amendments to this agreement, including any terms that Licensee is required by law to include in a contract for services,must be in writing and signed by both parties. For Emsi: For.Licertsee: -- 8-24-18 �r, 2C� Authorized Signature Date Au t I ized Signature Date Timothy van den Broek snsan Alanis Printed Name Printed Name Assistant C tY Hana99 Economic Modeling, LLC City of Fort Worth 409 South Jackson Street 200 Texas Street Moscow, ID 83843 Fort Worth,Texas 76012 B. Strong, 3 8. istant City Attorney :onal;ZGonza1es( ,&'St. City- Fi5 OFFICIAL RECORD 1295: N CITY SECRETARY FT.WORTH,TX Emsi Developer Agreement 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. Steve Streiffert Assistant Director,IT Solutions Department OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX