HomeMy WebLinkAboutC2007-441 - 12/21/2007 - NAGEGGRAPHIC 1N1=0R~IATIGN SYSTEM GIS} DATA-SHARING AGREEMENT
~lIIHEREAS, the City of Corpus Christi, a Texas home rule municipal corporation City}, has used its
hardware and incorporated information into its Genamap~ software to create a valuable geographic database
including products, attributes, and services of the entire City, the Basemap, PlanninglZoning layers GIS
Data}, aerials, topographic, utilities, parcels, ownership, land use, right of way, pavement, street names.
UvHEREAS, Civic Design, Inc. ~Consuitant}, desires to obtain a copy of a portion of said GIS Data
Basemaps] far use in the City's lVorthide and Hillc,re~t Redevelopment Plan Project}; and
WHEREAS, Cansultant must only use the GIS Data for the "Northside and Hiilcrest Redevelopment
Plan Project" Agreement}, between the City and Consultant, through which Consultant will provide the City
with consulting services far the Praject.
NGIIII, THEREFORE, the City and Cansultant, inconsideration of the mutual covenants contained
herein, hereby agree as follows:
~. The City will provide to Consultant a cagy of that pardon of the [Basemap] GIS Data which are
available for the Project Area. The City will convert the GIS Data to a dxf format far Consultant's use;
City continues to assert its copyrightofthe information in thedxfformatand Consultantmustsa note
on all use it makes of the GIS Data. Sae Section 9 below.
~. The City will not charge for the GIS Data sa long as Consultant uses the GIS Data solely for the
Praject. Consultantmust payforany commercial use of the GIS Data, including the Basemaps as set
out in Section ~ below.
3. Consultant must make na commercial use of the GIS Data, specifically including the Basemaps and
PlanninglZoning t.ayers. If Consultant uses any por#ion of the GIS Data, including the Basemaps or
the PlanninglZoning Layers, far a purpose other than the Praject, including providing copies of the
GIS Data to any third party, it will be deemed a commercial use and Consultant must pay the City,
within 3a days of the written demand of Director of Engineering Services, ar his designee, City
Engineer} therefor, based on the then current GIS Data loo schedule for grids and planningl2oning
layers, If there is no fee schedule then Consultant covenants to pay the City ~5,D00 far each 10
square mile grid of the Basemap and $10,OD0 for each 1 g square mile grid of each PlanninglZoning
Layer of the GIS Data provided, in the same manner as payment is required for the fee schedule.
Further, Cansultant must pay all the City's legal costs in collecting the GIS Data fees. This covenant
not to use the GIS Data commercially, or to pay far any such commercial use in the manner set out in
this section, is additional consideration for City's agreement to provide the GIS Data to Cansultant.
~, Cansultant must safeguard the Gl5 Data, praviding appropriate physical and computer-operating
system security, City copyrights its GIS Data; therefore, any written publication or public display of
any portion of GIS Data must be approved in writing by the pity Engineer, prior to publication or
display by Cansultant.
~. The City is praviding the GIS Data to Consultant as part of a data sharing contract with the Consultant
as agent far City of Corpus Christi The Contract, and Consultant's covenant not to commercially use
the GIS Data, ar to pay for commercial use as set out in Section 3, constitute payment to the City far
GIS Data, subject to payment far all commercial use of the GIS Data by consultant. All GIS Data,
including the Basemaps and PlanninglZoning Layers, given to Cansultant by the City, and the updates
to this GIS Data, must be returned to the City at the end of the Project and Cansultant must delete all
GIS Data from all of its corrrputers except that which is included in the final work product of the
Praject.
. Consultant will not export any of GIS Data from Consultant's GIS system without the City Council's
prior written approval. Any unauthorized export of GIS Data by Consultant will be deemed to be
commercial use requiring payment as set out in ectivn ,
~~~~ 441 eve effort to n er all GIS Data correct) ~ h wever the Cit rr~akes no
rY e t Y1 0 Y
1121107 .II GIS Data is accurate, and use of the GIS Data is solely at Consultant's risk.
i~ic ~es~gn
8, Any notice to the parties herein may be hand-delivered or mailed, by certified mail, to the fallowing
addresses:
City of Corpus Christi Civic Design, Inc.
P. ~. Box 9~~1 4~1 Montrose Boulevard, quite 824
Corpus Christi, TIC 7849-g~7~ Houston, Texas 7~OD6
Phone. ~~1~} 88~-35~o FAQ. ~5~2~ 88a 350 Phone: ~~1~ ~~a 5fig6 FAX~~~1~} 2D 7~g7'
Attn: CIS Manager Attn: Jinn Hill
9. If the Consultant wish to dispense hard paper} copies o~ I Data, each page dispensed must be
legibly stamped with a rubber stamp or computer generated statement which says, "the Basemaps
and Planningl2oning Layers of the City of Carpus Christi CIS Data X1994 -~D07 appearing hereon is
property of the City of corpus Christi; accuracy of this infQrmatian is not warranted." The rubber
stamp ar computer generated statement must be updated at least annually to reflect City"s copyright
of all I Data, and each stamp or statement must Shaw each year of copyright, either separately or
through inclusion of all years. Dispensing hard copies bearing the proper stamped or computer
generated statement will not be considered a commercial use.
10. All parties to this Agreement by their signature hereon verify that ail act'rans required to be taken to
make thisAgreement binding have been taken
ATTEST: CITY of oRPU HRITI
Armando Chapa Date By: ` gel R, Eseobar, P. E. Date
City secretary Interim Assistant City Manager
APPROVED A~ To PoRI~;
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By: ~ , ~~~ ~~ at
Assistant Ci Attorn ~~
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CiiD DESIGN, IN~
ill
Principal
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1 19 07
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~I~ Agreem~ ;
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