HomeMy WebLinkAbout09-167 - King County - Pictometry Imagery Authorized User Agreement (Aerial Phtographs)NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
1. DEFINITIONS
09 -167
Council Approval N/A
KING COUNTY PICTOMETRY IMAGERY AUTHORIZED USER AGREEMENT
(fly
THIS AGREEMENT is made and entered into this 22 day of October 2009
by and between City of Tukwila
(hereinafter "Agency and King County, a home rule charter county and a political subdivision of
the State of Washington, (hereinafter "County
WHEREAS, the County has entered into a contract with Pictometry International Corp.
(hereinafter "Contractor") for the provision of Oblique Orthophotography Imagery; and
WHEREAS, said contract permits County to designate Authorized Subdivisions which
shall have permission to use the Licensed Imagery and Electronic Field Study software; and
The following terms shall have the meanings set forth below whenever they are used in
this Agreement.
A. Authorized Subdivisions: An Authorized Subdivision is any department, sub unit
or location within King County, which County has given permission to use the
Licensed Imagery. Authorized Subdivisions may have the Licensed Imagery
and Electronic Field Study software installed on Authorized Subdivision
computers, and shall use or execute the Licensed Imagery and Electronic Field
Study software for official purposes only. Authorized Subdivisions are further
described in Paragraph 6 herein.
B. Authorized User: An Authorized User is any person designated by the
Authorized Subdivision to use the Licensed Imagery and Electronic Field Study
software within the Authorized Subdivision.
C. Electronic Field Study "EFS A proprietary software and file structure package
that allows for the display, navigation, measurement, annotation and analysis of
Contractor's Imagery, and supporting data and files.
D. Licensed Imaaerv: Orthogonal and oblique digital images, captured from
airborne platforms using Contractor's patented and proprietary hardware and
software capture system.
E. Technical Lead: A person with GIS or other technical experience who has been
designated by Agency as the contact for County's GIS staff for the coordination of
the installation of the Licensed Imagery and EFS software and as a resource for
Agency's Authorized Users.
2. TERM OF AGREEMENT
This Agreement effective date shall be that date when the Agreement is executed by
both parties. The Agreement shall continue from year to year, but shall in no event
continue for more than six (6) consecutive years.
1
/34-6,1 02 40//6//v/16.--S
The terms of this Agreement shall survive any termination of County's contract with
Contractor or termination of this Agreement with County or the departure for any reason
of Agency's Authorized Users.
3. SCOPE OF AGREEMENT
A. County Responsibility
1. The County shall furnish Agency with the Licensed Imagery and EFS
software as defined above for Agency's installation and use solely for
Agency's governmental purposes and exclusively on designated
workstations/ computers operated by Agency. County shall deliver to
Agency the Licensed Imagery and EFS software on a hard drive to be
downloaded on Agency's appropriate hardware.
2. The County shall provide Agency with one set of documentation in
electronic format on the use of the Licensed Imagery and EFS software.
3. The County shall schedule one training class on the use of the Licensed
Imagery and EFS software for Agency's designated Authorized Users.
4. County shall provide telephone technical assistance, as practicable within
County technical contact's knowledge, to Agency's designated Technical
Lead to help resolve issues and problems in the installation,
maintenance, and use of the Licensed Imagery and EFS software
provided herewith. Should County be unable to timely or otherwise
address and resolve the issues or problems, County will contact
Contractor to directly provide the needed technical support and
assistance. County's technical contact is specified in Exhibit A herein.
5. The County shall provide Agency with new Licensed Imagery after such
Imagery has been provided to County by Contractor and County has
accepted the Imagery.
B. Aaencv Responsibility
1. Agency shall designate a Technical Lead to be the contact for County's
GIS staff for the coordination of the installation of the Licensed Imagery and
EFS software, and to be a resource for questions on the use of the
Licensed Imagery and EFS software from Agency's Authorized Users.
Agency's designated Technical Lead shall be specified in Exhibit A herein.
2. Agency shall specify the names or positions of designated Authorized
Users who will have access to the Licensed Imagery and EFS software in
Exhibit A herein. Agency shall only allow designated Authorized Users to
access the Licensed Imagery and EFS software, and shall not allow non
designated Users to have access to the Licensed Imagery and EFS
software.
2
4. LICENSE
3. Agency is responsible for providing all equipment and hardware to house
the Licensed Imagery and EFS software. After Agency specifies the
portion of the Licensed Imagery that they are requesting within the Scope
of this Agreement, County will provide Agency with the specification for the
hardware that is necessary to support that portion of the Licensed Imagery.
A. Subject to the terms and conditions set forth in this Agreement, Agency is granted
a perpetual, non exclusive, non transferable license to use all Licensed Imagery
and EFS software as provided by County.
B. Agency may use and copy the documentation pertaining to the Licensed Imagery
and EFS software as supplied by County as required for Authorized Users.
C. Reproductions of individual (or limited quantities of) Licensed Imagery using the
EFS software, or reproduction or copying of the Licensed Imagery in any form by
any other means by Agency shall be permitted for distribution to Agency's
constituency.
5. COPYRIGHT
A. Agency acknowledges and agrees that Contractor has and retains sole and
exclusive ownership and all right, title, and interest in and to any Licensed
Imagery and EFS software provided under this Agreement and all copyrights,
patents, and other proprietary rights of the Licensed Imagery and EFS software.
Agency agrees: (a) that it will never assert or claim any interest in, or
intentionally do anything that may adversely affect the validity of, or infringe on,
any proprietary right, (b) that it will protect the proprietary rights, including
placing or maintaining all copyright notices and other indications of Contractor's
ownership on all Licensed Imagery and EFS software and on all copies of
Licensed Imagery and all other property of Contractor when instructed by
County, and (c) that it will notify County promptly of any known or suspected
breach of any proprietary rights.
B. Agency acknowledges and agrees that Contractor owns and retains all
ownership rights in trademarks, trade names, and logos used by Contractor in
connection with the Licensed Imagery and EFS software. Agency agrees not to
attach any additional trademarks, trade names, logos or designations to any
Contractor product or to any copies of any of the Licensed Imagery without
written approval from County. Agency may, however, include an Agency seal
and contact information so long as these annotations in no way obscure or
deface the Contractor's marks. Agency further agrees that Agency will not use
any Contractor trademark, trade name, logo, or designation in connection with
any product or service other than the Licensed Imagery and EFS software.
Agency's nonexclusive right to use Contractor's trademark is coterminous with
this Agreement.
3
6. AUTHORIZED SUBDIVISION CATEGORY DESIGNATION
7. PRICE
A. There are two (2) different categories of Authorized Subdivisions designated
within this Agreement, identified below.
1. E -911 Subdivisions: Includes Public Safety Answering Points "PSAPs
in County's E -911 system, the public safety response agencies they
provide service to, and city addressing authorities. City addressing
authorities are defined as the individual(s) assigned by the city to
coordinate with County's E -911 Program Office for maintaining an up -to-
date 911 address database for Agency's serving area. This includes
notifying the E -911 Program Office of new and changed addresses, and
verifying the accuracy of addresses when requested by the E -911
Program Office.
2. County GIS Subdivisions: All other agencies included in the definition of
Authorized Subdivisions in Paragraph 1.A. above that are not included in
E -911 Subdivisions in Paragraph 6.A.1.above.
3. For the purposes of this Agreement, Agency has been designated as the
following category of Authorized Subdivision: County GIS Subdivision.
A. The County price to Agency for the products and services specified in this
Agreement is as follows:
1. E -911 Subdivisions: The products and services specified in this
Agreement are included in the E -911 Program Office coordination of the
E -911 system with Agency. These products and services will enhance
Agency's ability to respond to 911 emergency calls and to coordinate with
the E -911 Program Office on the maintenance of an up -to -date 911
address database.
2. County GIS Subdivisions:
The price to Agency is based on the number of standard King County
7,500 index tiles they acquire for each area of interest, multiplied by the
share value of each tile. A King County 7,500 index tile is a predefined
square map area, 7,500 ft on edge, comprising approximately 2.02
square miles. Each tile is $189.00. This price is established as 50% of
the total 2 -year project contract price divided by the total number of tiles
in the project area. All tiles in the project area have the same share
value, regardless of location and image resolution. There are no partial
tiles. Cost -share calculation and data distribution will be in full tiles only.
All services provided beyond those described in Paragraph 3.A.1.
through Paragraph 3.A.5. above, are subject to standard KCGIS Center
Client Services hourly rate charges in effect at the time of service.
4
8. GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of the
State of Washington. The Superior Court of King County, Washington shall have
exclusive jurisdiction and venue over any legal action arising under this Agreement.
9. ASSIGNMENT
This Agreement shall be binding upon the parties, their successors and assigns.
Neither party shall assign this Agreement without the other party's written consent.
AGREED TO:
City of T kwila
ayor, Ji erton
Print e:
h1
19GW Vic,)
Date: 0 3i '09
Agency Address: 6200 Southcenter Blvd.
Tukwila, WA 98188
AGREED TO:
King County
By:
5
t,I
orized Si(natur
Prir'Yf Name:
e_ t t/ ,2
Date: 11//'
1
KING COUNTY PICTOMETRY IMAGERY AUTHORIZED USER AGREEMENT
1. County Contact Information
A. Agreement Coordination
EXHIBIT A
Name: George Horning
Title: KCGIS Center Manager
Phone: 206 263 -4801
E -mail: George.Horning@kingcounty.gov
B. Installation and Technical Assistance
Name: Mike Leathers
Title: GIS Data Coordinator
Phone: 206 263 -4867
E -mail: Mike.Leathers @kingcounty.gov
Name:
Title:
Phone:
E -mail:
2. Agency Contact Information
A. Agreement Coordination
Name: Bob Giberson
Title: Acting Public Works Director
Phone: (206) 431 -2457
E -mail: bgiberson@ci.tukwila.wa.us
B. Technical Lead
Name: Roman Linsao
Title: GIS Coordinator
Phone: (206) 431 -2447
E -mail: rlinsao @ci.tukwila.wa.us
3. Agency's Authorized Users (Designated by Name or Position)
All City of Tukwila Department Directors and their staff (Mayor's Office, City Clerk,
Municipal Court, Finance, Public Works, Community Development, Parks and Rec, IT,
Police, Fire) utilizing our associated GIS software and any GIS viewers
6
The installation and use of this software is governed by a License Agreement between
Pictometry and King County "Licensee To use this Software and the Pictometry Image
Library you agree that you are an Authorized Licensee Subdivision and that you understand and
will abide by the terms of the License Agreement.
"Authorized Users" shall mean such persons in the employ of Licensee, or in the employ of an
Authorized Subdivision, as may be designated in writing by the Licensee from time to time to
use and execute the Licensed Software on the designated computers. Licensee has agreed: (a)
that it will not allow any persons other than Authorized Users to use or operate, or to have any
other access to, any of the Licensed Products, (b) that it will not allow access to any of the
Licensed Software or any Images except through Authorized Workstations, and (c) that it will
cause all Authorized Users to comply with all of the terms, conditions, and limitations applicable
to the Licensee under this Agreement. You agree that you are an Authorized User.
Further you agree that you will use the Software and Pictometry Image Library in the conduct of
the operations of the Licensee and/or of the Authorized Subdivisions and to use and execute the
Licensed Products for internal use in pursuit of its or their public responsibilities and no others.
I Agree:
Effective Date: /a /t �1
AUTHORIZED SUBDIV1ISION NAME: City of Tukwila
By:
Printed Name: T6 6
Title: l rin w
Address: U43 C 3kgd_ S r6 v_Jcs
Phone:
PICTOMETRY INTERNATIONAL CORPORATION
Authorized Subdivision
User Agreement
Licensee Countersign:
By:
Printed Name: George Horning
Title: King County GIS Center Manager
05312008
1