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Home My WebLink AboutMINUTES - 12182001 - C.121 . c Uzi TO: BOARD OF SUPERVISORS • Contra FROM: DENNIS M. BARRY, AICP �� S• COMMUNITY DEVELOPMENT DIRECTOR C - '� Coounun ty DATE: December 18, 2001 SUBJECT: Authorization for the Community Development Director to sign a contractwith the Contra Costa Transportation Authority regarding use of a database of transportation improvement projects. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Authorize the Community Development Director to sign a contract with the Contra Costa Transportation Authority,regarding a database of transportation improvement projects. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS The Community Development Department and Public Works Department seek to establish a database of transportation improvement projects in the County. The database will enable staff to monitor projects, and provide information about them, more quickly and efficiently when requested by members of the Board or the public. The Contra Costa Transportation Authority (CCTA) has such a database and has offered to give it to the County. Staff will then customize the database for our in- house use by Community Development staff and Public Works staff. CCTA has asked us to sign the attached contract, setting forth certain terms and conditions regarding the database. There are no financial implications to the contract. ,, CONTINUED ON ATTACHMENT: / YES SIGNATURE I ACTION OF BOARD ON 4 ao»1 APPROVED AS RECOMMENDED _ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: John Greitzer (925/335-1201) cc: Community Development Department (CDD) ATTESTED JOHN SWEETEN, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR SAransportation\Board order CCTA contract.doc BY DEPUTY c TO: BOARD OF SUPERVISORS Contra I / FROM: DENNIS M. BARRY, A1CP Costa COMMUNITY DEVELOPMENT DIRECTOR County M DATE: December 18, 2001 . S UBJECT: Authorization for the Community Development Director to sign a contractwith the Contra Costa Transportation Authority regarding use of a database of transportation improvement projects. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Authorize the Community Development Director to sign a contract with the Contra Costa Transportation Authority, regarding a database of transportation improvement projects. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS The Community Development Department and Public Works Department seek to establish a database of transportation improvement projects in the County. The database will enable staff to monitor projects, and provide information about them, more quickly and efficiently when requested by members of the Board or the public. The Contra Costa Transportation Authority (CCTA) has such a database and has offered to give it to the County. Staff will then customize the database for our in- house use by Community Development staff and Public Works staff. CCTA has asked us to sign the attached contract, setting forth certain terms and conditions regarding the database. There are no financial implications to the contract. CONTINUED ON ATTACHMENT: / YES SIGNATURE 1 � ]�� ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE _ UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: John Greitzer (925/335-1201) cc: Community Development Department (CDD) ATTESTED JOHN SWEETEN, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR S:ltransportation\Board order CCTA contract.doc BY . DEPUTY O ' CONTRA COSTA TRANSPORTATION AUTHORITY G� N AGREEMENT TDFM 01-06 REGARDING USE OF CONTRA COSTA TRANSPORTATION AUTHORITY COMPREHENSIVE TRANSPORTATION PROJECT LIST CONTRA COSTA TRANSPORTATION AUTHORITY ("CCTA") and Contra Costa County ("User") as of the date set forth below, do hereby agree as follows: 1. CCTA agrees to provide on a personal, non-transferable and non-exclusive basis, data files from its Comprehensive Transportation Project List (CTPL), or portions thereof, (the "Data") described as follows: Microsoft Access® data files including records of all transportation projects and associated queries and reports. 2. User agrees: a. to only install and operate the Data on a computer system owned, leased or otherwise controlled by User in its own facilities; b. to use and execute all portions of the Data on such computer systems for the following purposes only: to enable User to identify and track transportation projects within Contra Costa County, to generate reports, and to assist User with in-house organization and management of transportation projects. C. to only make such number of copies of the Data as necessary for the foregoing purposes, and a further reasonable number of copies solely for nonproductive back-up purposes in accordance with its standard procedures, provided that it accounts for such copies; d. to provide CCTA with written documentation of any revisions to the Data. 1 3. Any use, copying or distribution of the Data by User not authorized by this Agreement shall automatically terminate User's rights hereunder. Use of the Data on processors accessible through communications networks through terminals and devices not on premises owned or controlled by User is prohibited unless otherwise agreed in writing by CCTA. User shall promptly notify and make available to CCTA all modifications, additions, or updates User makes to the Data and shall grant CCTA a perpetual, royalty-free license to use, reproduce, sublicense, and modify such modifications, additions, or updates. 4. Title to the Data, including all copies and derivative works thereof prepared by User, shall be in and remain with CCTA. User hereby assigns to CCTA ownership of all such copies and derivative works. Agreement No.TDFM 01-06 Page 1 of 3 November 30,2001 5. CCTA, ITS AFFILIATES, SUBCONTRACTORS AND REPRESENTATIVES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTIES INCLUDING, WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE DATA. USER AGREES THAT ITS SOLE REMEDY AGAINST CCTA, ITS AFFILIATES, SUBCONTRACTORS AND REPRESENTATIVES FOR LOSS OR DAMAGE CAUSED BY ANY DEFECT OR FAILURE OF THE DATA, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL, TO THE EXTENT FEASIBLE (AS DETERMINED SOLELY BY CCTA) BE THE REPAIR OR REPLACEMENT OF THE DATA. IN NO EVENT SHALL CCTA, ITS AFFILIATES, SUBCONTRACTORS OR REPRESENTATIVES BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, SAVINGS, OR REVENUES OF ANY KIND, OR FOR LOST DATA OR DOWNTIME, WHETHER OR NOT CCTA, ITS AFFILIATES, SUBCONTRACTORS OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. This Agreement shall be effective as of the date set forth below and, unless terminated in accordance with Section 3 above or extended by written amendment to this Agreement, shall terminate on the earlier of the date that User is not making use of the Data or December 1, 2003. Upon termination, or upon immediate request by CCTA, User shall return all copies, and submit any modifications or derivative works and accompanying documentation of revisions to CCTA. Thereafter, the provisions of Sections 3, 4, 5 and 8 shall continue to apply in accordance with their terms, notwithstanding the termination of this Agreement. The medium for submittals of electronic data files to CCTA shall be arranged by User in consultation with CCTA. Writeable CD is an acceptable medium for submittal of electronic files. 7. This Agreement shall inure to the benefit of, and shall be binding on, User and CCTA and their respective successors and assigns, provided that User shall not assign this Agreement or any right to use of the Data as provided herein, except to a successor to all or substantially all of the business and properties of User, without the express prior written consent of CCTA. 8. This Agreement and the rights and obligations of the parties with respect to the Data shall be governed by California law, as it applies to a contract negotiated, executed and performed in that state. USER ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT AND UNDERSTANDS IT, AND THAT BY ENTERING INTO THE AGREEMENT, USING THE DATA, OR MAKING ANY OTHER USE OF IT, USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS HEREOF. THE PARTIES FURTHER AGREE THAT, EXCEPT FOR SEPARATE WRITTEN AGREEMENTS BETWEEN CCTA AND USER, THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. This Agreement is made as of November 30, 2001. Agreement No.TDFM 01-06 Page 2 of 3 November 30,2001 "CCTA" "User" Contra Costa Transportation Authority Contra Costa County 3478 Buskirk Ave. Ste. 100 Community Development Department Pleasant Hill, CA 94523 County Administration Building 651 Pine Street, 4th Floor,North Wing Martinez, California 94553-0095 BY: AkXA4BY: Martin R. En lmann Dennis Barry Deputy Director, Planning Director of Communi Development \\Jane\I.Planning\MODELING\MODELS\TDFM\DATA Template.Doc Agreement No.TDFM 01-06 Page 3 of 3 November 30,2001