HomeMy WebLinkAboutDavey Resource Group-12/13/2010Waterloo Tree Inventory Project
Black Hawk County and City of Waterloo
GIS Data Distribution Agreement
By and Between
Black Hawk County, Iowa, City of Waterloo, Iowa, AND
Davey Resource Group (hereinafter referred to as Customer)
(Print or Type Customer Name)
1500 North Mantua Street, PO Box 5193, Kent, Ohio 44240-5193
(Print or Type Customer Address)
800-828-8312 Justin Stratton
(Print or Type Customer Telephone Number) (Print or Type Customer Contact Person)
Black Hawk County (hereinafter BHC), and the City of Waterloo have developed a
digital graphic and tabular database (Geographic Information System, hereinafter GIS)
depicting land and cadastral data based on North American (horizontal) Datum of 1983
(NAD83), Iowa North Zone, State Plane Coordinate System with linear measurement in
U. S. Survey feet; North American Vertical Datum of 1988 (NAVD 88). Note: NGVD
1929 was utilized for Primary Control Network from 1994-2007 and is superseded by
NAVD88 post -2007.
The BHC and City of Waterloo GIS data and data products are hereinafter collectively
referred to as Products.
BHC and the City of Waterloo are willing to authorize the use of the Products for
City of Waterloo, Iowa
(specify area of interest - township name(s) and/or unincorporated area, or entire Black Hawk County)
to Customer as listed on Page 4 of this Agreement, pursuant to the terms of this
Agreement.
Customer hereby acknowledges the limitations of the Products and information
contained therein and restrictions on the use of the Products.
Limitations
1. BHC and the City of Waterloo are not responsible for any hardware or software
needed to access and use the product and information therein.
2. The Products distributed by the BHC Information Technology Department contain
information from publicly available sources. BHC has developed the Products for
internal use. All data is provided as is, with all faults, and without warranty of any
kind, either expressed or implied, including but not limited to the implied warranties
of merchantability and fitness for a particular purpose.
Page 1 GIS Data Distribution Agreement
3. The Customer understands and acknowledges that the Products and information
contained therein are subject to constant change and that the accuracy thereof cannot
be guaranteed. BHC and the City of Waterloo make no warranties or guarantees,
either expressed or implied, as to the completeness, accuracy, or correctness of such
Products, nor accept any liability arising from any incorrect, incomplete or
misleading information contained therein.
4. BHC and the City of Waterloo shall not be subject to liability for human error, defect
or failure of machines, or any material used in connection with the machines,
including but not limited to tapes, disks, and energy.
5. BHC and the City of Waterloo shall not be subject to liability for any lost profits or
consequential damages, or claims against the Customer by third parties.
6. The entire risk as to the quality, performance and usefulness of the data rests with the
Customer.
7. The Customer releases BHC, the City of Waterloo, and their officers, agents,
consultants, contractors and employees from any and all claims, actions or causes of
action for damages, including but not limited to any costs of recovering,
reprogramming or reproducing any programs or data stored in or used with the BHC
and City of Waterloo GIS data, damage to property, damages for personal injury or
for any lost profits, lost savings or other special incidental or consequential damages
arising from the use of or inability to use the Products.
8. The Customer shall indemnify and hold harmless BHC, the City of Waterloo, and
their officers, agents, consultants, contractors and employees from any and all
liability claims or damages to any person or property arising from or connected with
the use of the Products.
Restrictions on Use
9. The Customer agrees to recognize and honor in perpetuity the copyrights, and other
proprietary claims for databases, tax maps, and other collateral information, and
products established or produced by BHC, the City of Waterloo, or the vendors
furnishing said items to BHC.
1-0. The Customer may copy the Products only for backup purposes and not for use by
any party other than the Customer.
11. Graphic displays and printed tabular listings derived from the Products may be used
in publications and presentations, provided that credit is given to BHC as the
custodian of the data and credit is also given to the original source of the data if other
than BHC.
Page 2 GIS Data Distribution Agreement
12. The Products are distributed solely and exclusively for the use of the Customer to
create a layered map of the City of Waterloo for the Waterloo Tree Inventory Project.
This layered map will be made available to the City of Waterloo and BHC and not for
the use by any other person or entity, including but not limited to any entity which is
affiliated with the Customer, unless specified at the time of distribution by BHC or
the City.
13. The Customer shall not license, assign, release, publish, transfer, sell or otherwise
make available the Products or portion thereof to a third party without the express
written permission of BHC and the City of Waterloo. Any such attempted
assignment or transfer shall be null and void and shall be a breach of this Agreement.
14. Upon the occurrence of the breach of or non-compliance with any term or provision
of this Agreement, BHC and/or the City of Waterloo may provide written notice of
the occurrence to the Customer and terminate this Agreement. This Agreement shall
terminate 60 days following such notice by BHC and/or the City of Waterloo.
Customer shall, within 30 days after termination of this Agreement, return all
Products that were exchanged through this Agreement and are in the possession of the
Customer to BHC and the City of Waterloo.
15. Upon not renewing the accessibility to Tree Keeper online, all data that has been
- inputted into the system shall be made available to the City of Waterloo and Black
Hawk County.
16. This Agreement constitutes the entire contract between the parties hereto concerning
the subject matter hereof. This Agreement may not be changed, modified, or
amended, in whole or in part, except in writing, and signed by the parties.
17. This Agreement and performance hereunder shall be governed and construed by the
laws of the State of Iowa.
BHC and the City of Waterloo provide the Products listed below to the Customer
for internal use in accordance with this Data Distribution Agreement.
The Products being authorized for use by the Customer are:
Aerial Photos of Waterloo, Parcel polygons (including attributes:
Permanent parcel number, Deed name 1 & 2, Contract Buyer 1 & 2,
Property address, Value information for Auditor-Class/subclass & 100%
land, building and dwelling values), Road- centerline and name, road
dimension (right-of-way widths), Railroad- centerline and name,
Political corporate/township polygon, Section Polygon, Water line
(rivers and lakes) and name, Waterloo parks, Waterloo Municipal Golf
Courses, Bike trails, Systematic tree trimming zones, Schools, and tree
inventory and attributes.
The period of time for which the Customer is allowed the right to use the Products
is: Indefinitely until the City of Waterloo does not renew the access to Tree Keeper
Online, or as otherwise provided in this Agreement.
Page 3 GIS Data Distribution Agreement
Other restrictions imposed on the use of such Products are:
The undersigned acknowledges the terms and conditions of this GIS Data
Acquisition Agreement specified above and warrants to BHC and the City of
Waterloo that he/she has full power and authority to enter into, and where
applicable, to act as the agent of the Customer and be bound to perform its
obligations under this Agreement.
Authorizing Signature: 'f Date 11(11/16
Print Name: Justin Stratton
Title: Supervisor - IT
Company or Affiliation: Davey Resource Group
Black Hawk County and the City of Waterloo acknowledge this GIS Data
Distribution Agreement.
Craig White, Chair, Black Hawk County Board of Supervisors
Craig White, Chair, Black Hawk County Conference Board
Ernest G. G. P1Frk, Mayor, City W
Date /(.-3d
Date / -3o —/c
Date 1413/91M
Page 4 GIS Data Distribution Agreement