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Home My WebLink About20142382.tiff RESOLUTION RE: APPROVE LICENSE AGREEMENT FOR GIS DIGITAL DATA AND AUTHORIZE CHAIR TO SIGN - SAM HOUSTON STATE UNIVERSITY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with a License Agreement for GIS Digital Data between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Information Technology, and Sam Houston State University, commencing July 30, 2014, and ending July 29, 2015, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the License Agreement for GIS Digital Data between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Information Technology, and Sam Houston State University be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of July, A.D., 2014. BOARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO ATTEST: G.1 &,4 „/O; 0 v ( ., V ,c�-- gl R Weld County C Clerk to the Board,��EZ�� iemacher, air • • -r -ra Kirkmeyer, o-Tem BY. ► 1 . !! .it l.i�. �.� it61 Ij.o�•�a D= . A y Clerk to e Boar SED PIPIrJ P. Conway D A RM: Mike Free my Attorney Wi am . Gar Date of signature: th2 a. / \ $/t($ 2014-2382 DP0010 BC-0045 MEMORANDUM TO: Weld County BOCC July 21, 2014 FROM: Ryan Rose, Chief Information Officer CC SUBJECT: GIS License Agreement with Sam Houston University The attached License Agreement for Geographic Data between Weld County and Sam Houston University is being presented for consideration. There are no exceptions to the standard from, however SMU has requested to waive the standard fee for Address Points. The data is being requested in support of research pertaining to the effectiveness of Emergency Operations during the September 2013 Flooding. The request for the fee waiver has previously been approved by OEM and via BOCC Pass Around (attached). It is the recommendation of the Department of Information Technology to approve this agreement, thereby enabling the dissemination of Weld County Address Points to SMU at no cost. 2014-2382 LICENSE AGREEMENT THIS LICENSE AGREEMENT, made this QOrL day of Lit e 20/4( is entered into by and between the COUNTY OF WELD, STATE OF COLORADO, a body politic and corporate (the "County"), and (the "Licensee"), with offices for transaction of business located at 5-ata b oucro t Steve (/,t ivcrs r/ , 7exe s . WITNESS ETH: WHEREAS, the Licensee has requested from Weld County a license to use the f/vu1'chrki L,.yrhi/vn /2tdii ; and WHEREAS,the County is willing to grant said license to Licensee subject to the limitations and provisions set forth in this agreement. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein, the parties hereby agree as follows: ARTICLE I SCOPE OF AGREEMENT A. In consideration of Licensee's payment of the sum set forth in Article III, the County hereby grants the Licensee a personal, non-exclusive, non-assignable and non-transferable license for the term of this agreement to use the 7--1r sc/ / keel c_on- QCt9A owned by Weld County(the "Product") for internal use" only by the Licensee and the Licensees, contractors for the sole purpose of ___��SLSf/iri;� and as restricted by this agreement in Article [V. B. This Agreement does not constitute a sale of any title or interest in the Product. Title to the Product is not transferred to Licensee. Ownership of the Product and of any authorized copies made by Licensee is vested in the County, subject to the rights granted to Licensee in this agreement. The County reserves all rights not expressly granted to the Licensee by this agreement. LICENSE AGREEMENT PAGE 2 C. The Licensee understands this is a one-time delivery and that the County has no responsibility for updating the Product or information contained therein. County shall have no obligation or responsibility to provide maintenance, support or training to Licensee. D. No part of the Product may be copied, reproduced or transmitted in any form or by any means whatsoever, including but not limited to, electronic, mechanical, photocopying, recording, scanning, or by any information retrieval system except for"approved purposes", without the express written permission of the County. "Approved purposes"under this agreement shall include the following: 1. Unrestricted use of the Product on the Licensee's computers or by Licensee's contractors' or agents' computers for purposes of their contract or agency; 2. Use by the Licensee to create a 'new product', which uses as a component of said 'new product' some or all of the information contained in the Product provided to Licensee under the terms of this License Agreement. In order to constitute a new product, the Licensee must demonstrate to the County that the Licensee shall add meaningful additional information to some or all of the data contained in the Product; shall reorganize some or all of the data contained in the Product to make it usable to the audience to whom the Licensee intends to provide the data; and/or shall extrapolate some of the data contained in the Product in order to formulate and present opinions as to the meaning of the data. A copy of the Licensee's explanation of how it intends to create a new product from the Product is attached to this License Agreement as Exhibit A. LICENSEE IS SPECIFICALLY PROHIBITTED FROM LICENSING, SUB-LICENSING, ASSIGNING, LEASING, PUBLISHING, TRANSFERRING, SELLING, PERMITTING ACCESS TO, DISTRIBUTING, ALLOWING INTERACTIVE ACCESS TO, OR OTHERWISE MAKING AVAILABLE THE PRODUCT OR ANY PORTION TIIEREOF T 0 ANY THIRD PARTY FOR ANY PURPOSE OT}IER THAN AN APPROVED PURPOSE AS DEFINEDABOVE. Licensee agrees to notify its employees, agents, and any contractors of the restrictions contained in this License Agreement, and ensure their compliance with all restrictions. E. The Licensee agrees to recognize and honor in perpetuity the copyrights, and other proprietary claims for survey control information, databases, collateral infonnation, and products established or produced by the County or the vendors furnishing said items to the County. LICENSE AGREEMENT PAGE 3 ARTICLE II PERIOD OF AGREEMENT A. This agreement shall commence upon payment in full to the County of the sum set forth in Article III by certified check to "Weld County" and upon the Licensee's receipt of the Product from the Weld County Geographic Information Systems Division("GIS"). The agreement shall remain in force for a term of efe yet.," from the date Licensee receives the Product from GIS. / B. The Licensee is only granted the right to use the Product during the License Period. This agreement shall automatically terminate upon the expiration of the term. C. The provisions of this agreement regarding confidentiality and restrictions (Article I, Paragraph D) and the provisions of Articles IV, V, and VI shall survive termination of this agreement for any reason. ARTICLE III AGREEMENT SUM The Licensee shall pay to the County 0� as apploLe / by certified check upon execution of this agreement by Licensee and prior to receipt of the Product. Payment shall be made in full without deduction for any sales, use or other taxes or similar charges, which shall be paid exclusively by Licensee. ARTICLE IV NO WARRANTIES The Product has been developed solely for internal use only by the County. Licensee expressly agrees that use of the Product is at Licensee's sole risk. The Licensee understands and acknowledges that GIS database and data in the Product is subject to constant change and that its accuracy and completeness cannot be and is not guaranteed. The designation of lots or parcels or land uses in the data base does not imply that the lots or parcels were legally created or that the land uses comply with applicable State or Local law. UNDER NO CIRCUMSTANCE SHALL THE PRODUCT BE USED FOR FINAL DESIGN PURPOSES. THE PRODUCT IS DISTRIBUTED ON AN "AS IS" BASIS. THE COUNTY MAKES NO WARRANTIES OR GUARANTEES, EITHER LICENSE AGREEMENT PAGE 4 EXPRESSED OR IMPLIED, AS TO THE COMPLETENESS,ACCURACY, OR CORRECTNESS OF SUCH PRODUCT,NOR ACCEPTS ANY LIABILITY,ARISING FROM ANY INCORRECT, INCOMPLETE OR MISLEADING INFORMATION CONTAINED THEREIN. THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, OF TITLE OR MERCHANTABILITY OR FITNESS OF SUCH PRODUCT FOR A PARTICULAR PURPOSE. THE COUNTY IS NOT RESPONSIBLE AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT. INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF USE OF THE PRODUCT OR INABILITY TO USE THE PRODUCT OR OUT OF ANY BREACH OF ANY WARRANTY. THE LICENSEE AGREES THAT TIIE PRODUCT SHALL BE USED AND RELIED UPON ONLY AT THE RISK OF THE LICENSEE. ARTICLE V LIABILITIES A. THE LICENSEE AGREES TO INDEMNIFY AND HOLD HARMLESS THE COUNTY, ITS OFFICIALS, OFFICERS, EMPLOYEES AND SERVANTS FROM ANY LIABILITY, CLAIMS, LOSS, DAMAGES, INJURY, COSTS AND ATTORNEY FEES ARISING OUT OF THIS AGREEMENT OR PROCURING, COMPILING, COLLECTING, INTERPRETING, PRODUCING, USING OR COMMUNICATING THE PRODUCT OR INFORMATION CONTAINED THEREIN. B. IF,NOTWITHSTANDING ARTICLE IV ABOVE, LIABILITY CAN BE IMPOSED ON COUNTY, THEN LICENSEE AGREES THAT COUNTY'S AGGREGATE LIABILITY FOR ANY AND ALL LOSSES OR INJURIES TO LICENSEE, ARISING OUT OF ANYTHING TO BE DONE OR FURNISHED HEREUNDER, REGARDLESS OF THE CAUSE OF THE LOSS OR INJURY AND REGARDLESS OF TIIE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NEVER EXCEED THE DOLLAR AMOUNT RECEIVED BY COUNTY UNDER THIS AGREEMENT, AND LICENSEE COVENANTS AND PROMISES THAT IT WILL NOT SUE COUNTY FOR A GREATER AMOUNT. C. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO WAIVE OR LIMIT ANY RIGHT OR DEFENSE AVAILABLE TO COUNTY UNDER THE "COLORADO GOVERNMENTAL IMMUNITY ACT", §§24-10-I0I et seq., C.R.S. OR ANY SIMILAR OR RELATED STATUTORY PROVISION AS APPLICABLE NOW OR HEREAFTER AMENDED. LICENSE AGREEMENT PAGE 5 ARTICLE VI BREACH AND REMEDIES A. In the event the Licensee breaches any of the terms,conditions, covenants, or agreements contained in this agreement, not only shall the license granted herein immediately cease, but the County shall thereupon have the right to any and all legal or equitable remedies, including but not limited to injunctive relief. B. Licensee acknowledges that use or disclosure of the Product in violation of this agreement may cause irreparable harm to the County. ARTICLE VII NON-ASSIGNABILITY Neither this agreement nor the rights granted by it shall be assigned or transferred by the Licensee under any circumstance whatsoever. This restriction on assignments and transfers shall apply to assignments or transfers by operation of law, as well as by contract, merger,or consolidation. Any attempted assignment or transfer in derogation of this prohibition is void. ARTICLE VIII GOVERNING LAW The validity, interpretation, and construction of this agreement shall be governed by and construed in accordance with the laws of the State of Colorado and the United States of America. The exclusive jurisdiction and venue for any lawsuit between theparties arising s ng out of this agreement shall be Weld County, Colorado, and/or the Federal District Court for the District of Colorado. LICENSE AGREEMENT PAGE 6 ARTICLE IX MISCELLANEOUS A. The Licensee will do or cause to be done all things necessary to preserve its rights and meet its obligations under this agreement. • B. This agreement contains no financial commitments on the part of the County, and any financial commitments on the part of the County which become a part of this Agreement are subject to appropriation by the Board of County Commissioners of Weld County, State of Colorado. If County funds for this agreement are not appropriated for each County fiscal year, the County may terminate this agreement upon thirty(30) days written notice to Licensee. The County's fiscal year is currently the calendar year. C. Captions used in this agreement are for convenience and are not used in the construction of this agreement. D. This agreement contains the entire agreement of the parties. No other representation whether oral or written may be relied upon by either party other than those that are expressly set forth herein.No agent, employee or other representative of either party is empowered to alter any of the terms herein unless done in writing and signed by an authorized representative of the parties. No amendment may be made to this Agreement unless such amendment is first reduced to writing and duly executed by authorized representatives of both parties. F. If for any reason a court of competent jurisdiction finds any provision of this agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this agreement shall continue in full force and effect. F. Nothing contained herein shall imply an employer/employee relationship, ajoint venture, partnership, or other association between County and Licensee. G. Any notice or communication given pursuant to this agreement shall be given in writing, either in person (deemed given when actually received) or by certified mail, return receipt requested(deemed given three (3)days after mailed). Notice shall be given to the following parties at the addresses: LICENSE AGREEMENT PAGE 7 The County: Weld County GIS Division 1400 N. 17th Avenue P. 0. Box 758 Greeley, Colorado 80632 with a copy to: Weld County Attorney P. O. Box 1948 Greeley, Colorado 80632 The Licensee: Qepart49fiik c M/t;calS("'nee, .ix/ u stein.ftaercat/✓eir, /90/ a. I 44Isv//e , 7k 171/7/ H. The undersigned warrants to the County that it has full power and authority to enter into, and where applicable, to act as the agent of the Licensee and be bound to perform its obligations under this agreement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. I LICENSE AGREEMENT PAGE 8 IN WITNESS WHEREOF,said parties have hereto set their hands and seals. BOARD OF COUNTY COMMISSIONERS ATTEST: OF THE COUNTY OF WELD, STATE OF dCC�� // C ORADO itlfinl .Xltn;(1+_ BY: my ,,Cbar— �g se La ouglas/Rademacher, Chair `� d County Clerk to the Board 1 JUL 3 0 2014 It o 1/42 0 F""R,.`,e``� eputy Cler o the Board LICENSEE: °eV fro/f:Ca/cr;ince, cA'≤l/ BY: AA 74 C STATE OF Teo 5 ) (.,0Gl V&A— ) ss: COUNTY OF Subscribed and sworn to before me in the county of l.,J a_L Kel , State of Te)( , this 3rd day of To it . 20 ELI-. 1Nb drys official smnatur 1 f M %° KERRY E BERRY I My Commission Expo August 13,2015 c?/ / l 5 / O l,5— (Commission expiration date) BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW/WORK SESSION REQUEST RE: GIS Data Fez Waver for Srr,Hoes,University DEPARTMENT: Information Technology-GIS DATE: 4/21/2014 PERSON REQUESTING: Ryan Rose and Jake Mundt Brief description of the problem/issue: Sam I louston University has requested a tee waiver in order to obtain GIS Address Points for Weld County (typically a $2,500 lee is associated with this dataset). Their letter of intent, attached, explains that they would use the data to evaluate the performance of Emergency Operations in response to the September 2013 Flooding. The data set would he used to send surveys to households affected by the flooding, and results of the research • would he available to Weld County. If the Ice waiver were to be granted, Sam Houston State University would • still need a license agreement to obtain the data. What options exist for the Board? (Include consequences,impacts,costs,etc.of options) I) Approve the fee waiver for this dataset($2,500). 2) Deny the fee waiver and request payment in full from Sam Houston University if they wish to receive a copy of the data. Recommendation: In this situation, Information Technology recommends that the Board approve option (1) and grant the fee waiver. the Weld County Office of Emergency Management has reviewed this request and supports providing the data to Sam I louston University (see attached), and Information Technology is in agreement. If the fee waiver is denied. Sam I louston t Iniversity may exclude Weld County from their analysis, which could be an opportunity lost if'the research products could be useful in planning tg for future emergency response situations. Approve Schedule Recommendation Work Session Other/Comments' Douglas Rademacher,Chair —1 TS Barbara Kirkmeyer Sean P.Conway . Mike Freeman t.,.tF William F.Garcia '•' Sam Houston State University A Member of The 7'exas State University System POLITICAL SCIENCE DEPARTMENT April 10, 2014 Weld County Board of County Commission 1150 O Street, Greeley,CO 80632 Dear Commissioners: This letter is to request the Weld County address points GIS(Geography Information System)shapefile data.The data will be used for a National Science Foundation research project: RAPID: Emergency Evacuations and Risk Communication During the 2013 Colorado Flood (CMMI-1431139). This project is conducted by Drs.Tristan Wu,Clayton Wukich,and Andrew Prelog from Sam Houston State University, Texas.Our research team is interested in investigating households' evacuation behavior and emergency manager decision-making during the 2013 Colorado. The research involves sending out household surveys to the Weld County households which were involved with the evacuation response during the floods. The research team needs Weld County address point data to integrate with the FEMA (Federal Emergency Management Agency)flood zone data and create a mailing list for the households flood response surveys. The purpose of this research is completely non-profitable and non-commercial. The results of the research will aid in developing more effective emergency evacuation responses in the Colorado area with the ultimate goal of saving lives. Please feel free to contact any of the researchers listed below if you have any questions. Tristan Wu, Ph.D. Clayton Wukich, Ph.D. Andrew Prelog, Ph.D. Post-doc Research Associate Assistant Professor Assistant Professor Department of Political Science Department of Political Science Department of Sociology Sam Houston State University Sam Houston State University Sam Houston State University (405)501-5329 (936)294-4654 andrew.prelog@shsu.edu tristanhcwuashsu.edu wukich@shsu.edu Very respectfully, Wu, Hao-Che(Tristan), Ph.D Postdoctoral Fellow, Political Science Department, Sam Houston State University Editorial Assistant, International Journal of Mass Emergencies and Disasters 1901 Avenue I, Rm 474A, Huntsville, TX 77341 Email: tristanhcwu(a),shsu.edu Sarre Houston State University is an Equal Opportunity/Affirmative Action Institution Huntsville,Texas 77341-21.49 • 936.294.4571 • FAX 936.294.4172 • www.shsu.edu.' poi www Jacob Mundt Subject: FW:Inquiries on Colorado State Address Dataset From: Roy Rudisill Sent: Wednesday,April 16, 2014 5:06 PM To: Jacob Mundt Cc: Merle Leach; Grade Marquez Subject: Re: Inquiries on Colorado State Address Dataset Jake,I'm in support of providing the data point information as long as we are able to receive a report or have access to findings in the research completed by Mr Wu. Roy Director Roy Rudisill Weld County OEM 970-381-0417 Mobil 970-304-6540 Office From my iPhone Hello