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