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Home My WebLink AboutHDR ENGINEERING, INC. - AFSAGREEMENT FOR SERVICES This Agreement entered into as of the/day of l/�'Te�' 2015, by and between HDR Engineering, Inc. ( HDR") and the City of La Porte, Texas ("Subscribing Entity"). Hosting Services provided by execution of this document shall be for the term beginning October 1, 2015 and ending on September 30, 2016. WHEREAS, the Subscribing Entity has requested to renew its subscription to online Geographic Information System ("GIS") hosting services as provided by HDR through the hdrgateway. com domain. NOW, THEREFORE, the Subscribing Entity and HDR hereby agree as follows: 1. Engaaement of HDR -HDR hereby agrees to provide the services as listed under the section entitled "Basic Subscription Services". HDR agrees to initiate those services upon receipt of an executed copy of this Agreement for Services. The subscribing entity acknowledges and understands that HDR is providing these services utilizing a software license provided by a third party. HDR's ability to provide such services to the subscribing entity is based upon this license. Such license has been provided to HDR tluough a Master License Agreement with the software entity. 2. Basic Subscription Services -The following services will be provided by HDR for the Subscribing Entity based on receipt of up-to-date subscription fees: aI Unlimited browser access to an Internet based map applications) containing the parcels (which are designated as being contained within the Subscribing Entity's city limits) and associated attributes as contained in the Harris County Appraisal District parcels shapefiles. Access to the map application may either be through a hyperlink from the Subscribing Entity's web site, or by utilizing a Universal Resource Locators (URL) as provided by HDR. bI The applications) shall contain, at a minimum: 1) A layer displaying calendar year 2014 aerial imagery as obtained tluOng h the Houston -Galveston Area Council of Governments of the subscribing entity's city limits (newer aerial imagery may be used if licensed by the subscribing entity and furnished to HDR). 2) A layer containing parcels located within the subscribing entity's city limits complete with ownership and situs address amibutes. 3) A layer containing street centerline data for city maintained streets, as well as county roadways, state highways and federal interstates located within the subscribing entity's city limits that will display street name labels at specific scales. 4) User tools for performing the following functions: a) Zoom In, Zoom Out, and Zoom All (full extent) b) Pan, Pan North, Pan South, Pan East, and Pan west c) Previous Extent and Next Extent d) Measure (user can use this function to measure length between two points, as well as square footage and/or acreage of any user drawn polygon) e) Get Coordinates (user can use this tool to display the longitude and latitude coordinates for any point clicked on the map extents) f) Search (user can use this function to search parcels by either partial or complete owner name, partial or complete address, or specific Parcel ID number) g) Identify (used to show attributes pertaining to an individual feature in the active layer, such as a parcel, street, fire hydrant, etc.) h) Clear (clear either selected features or measurements) i) Print (used to create either 8%2"xII" or 11"x17" PDF files of either the current extent of the screen or at a scale selected by the user) ' A Universal Resource Locator (URL) is a means of identifying an exact location on the Internet. For example, htto:/hvww.nticrosoft.com is the URL that defines the use of HTTP to access the web page for Microsoft. 3. Additional Services - Additional services may be rendered, based on requests by the Subscribing Entity, for enhancements to their online mapping application(s). Time and materials charges for additional services requested and rendered beyond those described under the heading Basic Subscription Services above will be invoiced on the basis of direct labor costs times a factor of 3.05 and direct costs plus 10%. No Additional Services will be performed or invoiced without prior authorization from the Subscribing Entity. Examples of additional services could include: a. Development of new or edits to existing layers such as: 1) New parcels or changes in ownership information, addresses, etc. 2) New subdivisions 3) New streets 4) Address changes / new address points 5) Changes in zoning designations b. Development of customized tools to be added to the websites such as: 1) Tool used to select and generate mailing labels 2) Query tool for calculating totals such as miles of streets by surface, zoning designations, etc. 4. Terms of Use - Property Ri¢hts -The HDR GIS website is owned and operated by HDR and is protected by intellectual property and other laws throughout the world. The individual data files which are used to create the online mapping application(s) (subject to the use license in paragraph 5) belong to the Subscribing Entity. HDR will provide a copy of the data files to the City of La Porte upon request or termination of this Contract. 5. Instruments of Service -All electronic files and documents prepared in accordance with this contract including all maps and databases are the property of the Subscribing Entity. HDR is hereby granted a perpetual, royalty -free license to use all of the data in connection with future engineering projects involving the Subscribing Entity, other Governmental Entities, or other third parties working on the City of LaPorte projects. HDR may retain copies of electronic files and reproducibles of all information prepared under this Agreement. 6. Availability of Services - HDR does not provide the Subscribing Entity with access to the Internet or the equipment necessary to access the Internet or the HDR GIS website. The Subscribing Entity is responsible for the fees charged by other parties to obtain access to the HDR GIS website (by way of example only, an Internet Service Provider) and for providing the equipment necessary to access the HDR GIS website. It is understood that the services being provided by HDR are based upon HDR's licensing with a third party. In the event such licensing becomes unavailable to HDR in the future, said services may be affected, interrupted, or discontinued. The parties agree that HDR has set its prices and entered into this Agreement in reliance upon the disclaimers and limitations set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of a bargain between the parties. 7. Linking To or From the HDR Website - The Subscribing Entity cannot link to the HDR GIS website without prior written consent. While the HDR Website may have links to the websites of other entities and parties, HDR has no control over those websites. HDR is not responsible or liable for any content, advertising, products, services or other materials on or available from those websites. HDR is not responsible or liable, directly or indirectly, for any direct or indirect damage or loss caused or alleged to be caused by or in connection with use of or reliance of any content, advertising, products, services or other materials on those websites. 8. Fee - The subscription fee for the basic subscription service is $500.00 per month for a twelve month period. Included as a part of the services provided for this monthly fee are up to two hours of labor performed to the site during the actual days contained in the billing period for the invoice as submitted. Any additional services beyond those described under the heading Basic Subscription Services, and the maximum of two hours of labor, will be billed in accordance with Item 3 above. 9. moment and Fee Schedule - HDR will submit a monthly invoice for services rendered. 10. Terms of Payment - Payment of fees as determined under Paragraph 8 herein above shall be due and payable by the Subscribing Entity within thirty (30) days following receipt of HDR's monthly invoice. 11. Termination — a. The Subscribing Entity may terminate this contract by giving thirty days written notice to HDR. In that case, all finished or unfinished map application files and other materials produced under this contract shall become the Subscribing Entity's property subject to HDR's license granted in paragraph S. If the contract is terminated by the Subscribing Entity in accordance with this provision, HDR shall be paid for all services performed to the date of termination. b. Termination/Cancellation - The Subscribing Entity may terminate its subscription to HDR GIS services at the end of any contractually established time period by providing written notice to HDR The cancellation of the Subscribing Entity's subscription services will automatically occur if the Subscribing Entity fails to renew its contract by the end of the current contractual period. Upon termination or cancellation of a Subscribing Entity's subscription services, HDR may immediately deactivate or delete Subscribing Entity's access to the HDR GIS server. c. Termination/Cancellation by HDR - HDR may terminate this Agreement by giving 30 days written notice to the subscribing entity. In the event HDR experiences any interruption and/or difficulty in renewing its Master License Agreement, required internet access, and/or required data, HDR may terminate this Agreement by written notice to the Subscribing Entity. In that case, all finished or unfinished map application files and other materials produced under this contract shall become the Subscribing Entity's property subject to HDR's license granted in paragraph 5. 12, DISCLAIMER OF WARRANTIES - SUBSCRIBING ENTITY UNDERSTANDS AND AGREES THAT THE HDR GIS WEBSITE AND THE SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HDR DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND THE SUBSCRIBING ENTITY WAIVES, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON - INFRINGEMENT. THE FUNCTIONS, MATERIALS AND CONTENT OF THE HDR GIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR -FREE, AND HDR ENGINEERING INC. MAKES NO WARRANTY THAT THE INFORMATION ON THE HDR GIS WEBSITE WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY THE SUBSCRIBING ENTITY THROUGH THE HDR GIS WEBSITE WILL MEET THE SUBSCRIBING ENTITY'S EXPECTATIONS. HDR ENGINEERING INC. MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF THE SPATIAL DATA OR DATABASE INFORMATION PROVIDED HEREIN, HDR SHALL ASSUME NO LIABILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED, OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN BY ANY PERSON RELYING ON ANY INFORMATION OR DATA FURNISHED WITHIN. HDR DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION. THE SUBSCRIBING ENTITY SHALL ASSUME THE RISK OF LOSS AND DAMAGE DUE TO ITS USE OF THE HDR GIS WEBSITE, INCLUDING BUT NOT LIMITED TO, THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE. 13, LIMITATIONS OF LIABILITY - THE SUBSCRIBING ENTITY'S USE OF THE HDR GIS WEBSITE IS ENTIRELY AT THE SUBSCRIBING ENTITY'S SOLE RISK. HDR AND ITS RESPECTIVE OWNERS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH THE SUBSCRIBING ENTITY MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE HDR GIS WEBSITE, EVEN IF SUBSCRIBING ENTITY HAS BEEN ADVISED OF THE POSSIBILITY THAT USE MAY RESULT IN DAMAGE. 14. Governing Law - This Agreement shall be deemed to have been made under, and shall be construed and interpreted in accordance with the laws of the State of Texas. The venue of any suit for enforcement or construction of this contract shall be in Harris County Texas. ENTERED INTO AND AGREED by the parties hereto as the day and year first written. HDR ENGINEERING, INC. BY: V b4z' DAVID WESTON Vice President/Department Manager SUBSCRIBING ENTITY BY: TIM TIETJENS Director of Planning Cit of La Portexas