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Home My WebLink AboutGIS DATA DISTRIBUTION AGREEMENT Waterloo Tree Inventory Project Black Hawk County and City of Waterloo GIS Data Distribution Agreement By and Between Black Hawk County, City of Waterloo AND Stratapoint, Inc. (hereinafter referred to as Customer) (Print or Type Customer Name) 14802 Delmar Court, Rosemount, MN 55068 (Print or Type Customer Address) 651-322-4000 Jason Bass (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 Note: NGVD 1929 was utilized for Primary Control Network from 1994-2007 and is superseded by NAVD88 post-2007.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 GIS Products for City of Waterloo (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 Acquisition Agreement,pursuant to the terms of this Agreement. Customer hereby acknowledges the limitations of the GIS Products and information contained therein and restrictions on the use of the GIS Products. Page 1 Data Distribution Agreement 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 BHC and City of Waterloo GIS Products distributed contain information from publicly available sources. The Products have been developed 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. 3. The Customer understands and acknowledges that the Products and information contained therein are subject to constant change and that its accuracy 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 accepts 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 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 GIS 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 GIS Products. Page 2 Data Distribution Agreement 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 10. The Customer may copy the BHC and City of Waterloo GIS 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 BHC and the City of Waterloo GIS 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. 12. The BHC and City of Waterloo GIS 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. 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 expressed written permission of BHC. 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 GIS 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 Point DataMap-Online, all data that has been inputed into the system shall be made available to the City of Waterloo and Black Hawk County. 16. This Data Distribution Agreement constitutes the entire contract between the parties hereto. 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. Page 3 Data Distribution Agreement • 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 The period of time for which the Customer is allowed the right to use the Products is: Indefinitely or until the City of Waterloo does not renew the access to Point DataMap — Online. Other restrictions imposed on the use of such Products are: The undersigned acknowledges the terms and conditions of this 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; r Authorizing Signature: =T , re� r. c Date & a) Print Name: Jason Bass Title: President Company or Affiliation: StrataPoint, Inc. Black Hawk County and the City of Waterloo acknowledge this Data Distribution Agreement. John Miller OA Chair, Bl k Ha County Board of Supervisors 7 Date 1—2- 2 c Ji 711 Chairyliet Ha County Conference Board Date r i Tim Hurley,Hu Mayor, City of Waterloo �i �//�� !u�E�C! Date (9 --/� O Page 4 Data Distribution Agreement