HomeMy WebLinkAboutCity of Seattle/Seattle Public Utilities
A"3.I'="1
\ A ?II.o.I2--
PUGET REFERENCE STATION NETWORK AGREEMENT
Subscription Account
This Puget Reference Station Network Agreement (the" l}greement") is
made and entered into by and between The City of Auburn, a
municipal corporation, representing self. herein referred to as (the
"subscriber") and the City of Seattle, acting by and through Seattle
Public Utilities (the "City"). The subscriber and the City are sometimes
referred to individually as the "party" and collectively as the "parties."
1 RECITALS
A. Using data from satellites owned by the United States of America,
global positioning systems ("GPS") can provide efficient methods for
surveying and mapping activities related to utility, transportation
and other public capital improvement projects. The speed and
accuracy of such technology can be enhanced by linking G PS
continuously operating reference stations ("CaRS") to a central
processing center ("CPC") in a real time GPS network ("Puget
Reference Station Network" or "PRSN"). Each CaRS will transmit
live GPS satellite data to the CPC for processing, distribution of real
time positioning corrections to members of the PRSN and other
authorized users, archiving, and posting on a web page application.
B. The PRSN was created by the City as a cooperative effort with other
governmental agencies that will operate CaRS within the State of
Washington. The PRSN eliminates duplication of equipment,
software and operational expenditures, while providing greater
coverage and accuracy of real time positioning solutions and data
from each CaRS. Entities that operate CaRS, or otherwise
contribute to the infrastructure of the network, under agreement
with the City are known as "members" of the PRSN, and are
provided with access accounts by agreement. Users of the network
services with access accounts under agreement with the City for an
annual fee are known as "subscribers".
C. Each party has determined that cost savings and other public
benefits can be achieved if the party becomes a subscriber of the
PRSN
NOW, THEREFORE, in consideration of the mutual promises contained
herein, the parties agree as follows:
Page 1 of 8
-.-..- ,-...-..-.-.,.-- ,d.. _ '_"~____~ --.------.----....--....----...........---.-----........-------.---------
,
2 AGREEMENT
1. CENTRAL PROCESSING CENTER (CPC)
1.1 The City shall own and be responsible, at its expense, for all
aspects of the operation and maintenance of the CPC, including
without limitation servers, GPSNet and other software
necessary for the CPC to accomplish its tasks as set forth in
this section 1.
1.2 Based on received data streams from a grid of CaRS, the CPC
will send system information and real time corrections via
cellular connections to the subscriber's mobile devices for
positioning, locating and navigating with satellites of the GPS.
The CPC also shall make data files available for static GPS post
processmg.
1.3 The City shall operate and maintain a web application to
display the system status, data generated by GPSNet software
for notification of system status, availability, component
quality, static data files, and general information.
1.4 The City will provide telephonic Help Desk services, from
Monday through Friday, 9:00 a.m. to 3:00 p.m., but only to
troubleshoot connections to the CPC servers. The Help Desk
will not answer questions concerning subscriber's hardware or
software, surveying or other field data collection methods,
commercial cellular connections, or system status or
monitoring report data that is otherwise available from the web
application.
1.5 The City shall provide centralized data logging and archiving,
access to CaRS logged data files, access to real time corrections
via wireless technology, and system monitoring for the PRSN.
1.6 The services to be provided by the City and described in this
section 1 are referred to as the "PRSN Services."
Page 2 of 8
--.., .-----....-----~----~--.------_._.____ ~ ___.__..___.._._____ ..._...___...._.............._____m -
2. CONTINUOUSLY OPERATING REFERENCE STATIONS (CORS)
2.1 This section applies to PRSN members; those entities that
operate CaRS, or otherwise contribute to the infrastructure of
the network, under agreement with the City. This section has
been included in the body of this agreement to provide context
to provisions cited in section 6. By agreement with the city,
PRSN members own and operate their own CaRS. For the
duration of said member agreements, each CaRS provides to
the CPC unlimited 24-hour-a-day access via Internet protocol
to a data stream from each of the respective CaRS. The data
streams are in a form suitable for the GPSNet software at the
CPC. Failure to provide data streams in such a form subjects
the respective members to the provisions of section 3.6. The
member shall be responsible for all costs associated with the
acquisition, installation, configuration, compatibility,
operations, maintenance, and any upgrades of its CaRS. An
individual subscribers is not responsible in any way for the
acquisition, installation, configuration, compatibility,
operations, maintenance, and any upgrades of any member
CaRS, unless a subscriber has entered into a separate member
agreement with the city.
2.2 By agreement, members agree to give the City 48 hours' written
notice before any of the members CaRS is taken out of service
for planned maintenance. If members CaRS temporarily stops
operating on an unplanned basis, the member shall notify the
City in writing as soon as practicable.
2.3 The members have agreed to give the City 180 days' written
notice before the member discontinues operation of a CaRS.
The City may, within 60 days of receipt of such notice or in
accordance with section 3.8, notify the member that the City
desires to assume operation of a non-operating or inadequately
operating CaRS. In such event, the members have agreed to
grant the City the right of access to that CaRS for as long as
the City operates it; the City shall refund the pro-rata portion of
the any annual fees specified in the original member agreement
and the member will have no further responsibility for that
CaRS.
2.4 For the duration of this Agreement, the subscriber may
participate with other members of the PRSN in a technical
advisory committee to be staffed and administered by the
members and subscribers. This committee may identify
Page 3 of 8
--~~- - -----..--------.-.---...---.----..-....,....-.....-.----_.._--_._~-_.__._._._-~_.._- --_...,- .--.---
,
solutions, upgrades and other desired enhancements to the
PRSN.
3. CPC ACCESS
3.1 For the duration of this Agreement, the subscriber shall have
unlimited access via the number of accounts to be invoiced for
per attached application form; provided, that such accounts
may only be used by the individual subscriber, their company,
or public sector entity (if subscriber represents a public sector
entity) unless otherwise permissible as specified in section 3.4.
3.2 Authorized account users shall access PRSN Services only via
authenticated login and passwords provided under signed
agreements with the City. Authentication will be achieved by
using the public domain Ntrip protocol (Networked Transport of
RTCM via Internet Protocol).
3.3 The subscriber shall be responsible for the purchase,
installation, maintenance, ownership and operation of aU
equipment needed to use PRSN Services, including without
limitation the Ntrip protocol.
3.4 The subscriber shall not transfer access to any of its accounts
to any person or entity not an employee of the subscriber's
company or public sector entity. In the case of public sector
subscribers, a contractor or consultant under contract with
said public sector entity may use the account only per the
provisions in sections 3.4.1 and 3.4.2.
3.4.1 If the public sector subscriber wishes to have one of its
consultants or contractors access one of it's accounts, the
public sector subscriber will provide prior written
notification to the City, with the company name, postal and
e-mail address, and phone number, as well as duration of
access (not to exceed three months, but may be extended via
written request). Forty-eight hours after the end of the
requested access time, the City will change the login and
password for that account.
3.4.2 If access actually is needed for a shorter period than
estimated, the public sector subscriber will notify the City
within 48 hours of the end of the access period, and the City
will change the login and password for that account.
3.5 The City will monitor, log and enforce account usage.
Page 4 of 8
. --"_.~,... '-_..,.,_.----_...""-_..._--,,-_.,,<_.._------,-,,~~._"."...._'----....-._~ -
\
3.6 The password and login for a specific account shall not be
used concurrently by more than one party for any PRSN
Services.
3.7 The subscriber shall notify the City of any use of any subscriber
access account by an individual who is not and employee of
their company or respective public sector entity.
4. MANAGEMENT; COMPENSATION
4.1 Within 45 days of complete execution of this Agreement and
subsequent invoicing, the subscriber shall pay the City $1,900
per account as an annual fee for one year PRNS services.
4.2 Commencing one year after the date of initial account invoice
and annually thereafter, the subscriber will be invoiced for each
subsequent year of service unless otherwise notified in writing
of intent to terminate service. The subscriber will be notified of
any changes in the fee structure prior to the end of each year
for which the fee has been paid. The subscriber shall pay the
City within 45 days of receipt of an annual invoice.
4.3 The City shall determine which entities may become members
and subscribers of the PRSN.
5. DURATION
5.1 This agreement is effective upon signature by both parties and
will remain in effect through each subsequent year for which
the subscribers has paid the annual subscriber fee.
5.2 The account access will be opened upon receipt by the city of a
signed agreement and complete application form. The first year
of service will extend until the anniversary date of the initial
invoice. An invoice for each subsequent year will be issued
before said anniversary date. The service year for each
subscriber will, provided the invoice is paid within 45 days of
issue, continue through to subsequent anniversary dates.
Page 5 of 8
~_.._._.'A_____.~_. .' ""~.__""'-_"_"".'...'_n_____.....,.___...._
5.3 Should there be a lapse in payment beyond 45 days of an
invoice, the account will temporarily be closed and the service
year anniversary date will reset accordingly.
6. NO WARRANTIES; LIMITATION OF LIABILITY
6.1 Use of these PRSN services is at the subscriber's sole risk. The
City provides PRSN Services on an "as is" basis. Neither PRSN
members, nor the City, its officers, employees, vendors, or
third-party service providers (collectively as used in this section
6, "Seattle") makes any express or implied representation or
warranty of any kind with respect to PRSN Services. By way of
example and not of limitation, there is no representation or
warranty (a) that PRSN Services will be uninterrupted or error-
free, (b) that the results obtained from using PRSN Services will
be accurate, reliable, complete or current, or (c) of
merchantability or fitness for a particular purpose. PRSN
Services and information related thereto are subject to change
without prior notice.
6.2 Neither Seattle nor the subscriber, or PRSN members, is liable
for any damages arising out of or in connection with PRSN
Services, including without limitation mistakes, omissions,
interruptions, deletion of files, errors, defects, viruses, delays in
operation or transmission, or failures of the CaRS. This is a
comprehensive limitation of liability that applies to all damages
of any kind, including compensatory, direct, indirect or
consequential damages, loss of data, income or profit, loss of or
damage to property and claims of third parties.
7. DISPUTE RESOLUTION
In the event of a dispute between the parties regarding this
Agreement, the parties shall attempt to resolve the matter informally.
If the parties are unable to resolve the matter informally within 30
days, the matter shall be decided by subscriber and "City" subject to
any other legal remedies the parties may have, including, but not
limited to, mediation or litigation.
Page 6 of 8
-,._- - .-- .,.--.....-..--.-...,..--.- ~_________..,,__ ____..'__..__. 0' "__~__.--_.---...._....-.____
8. NOTICES
All notices and invoices required in connection with this Agreement shall
be in writing and deemed to have been duly given if personally delivered
or sent bye-mail, fax, United States mail or overnight delivery service,
each with proof of receipt, as indicated below or as otherwise indicated in
writing by one party to the other.
[Subscriber mailing address below]
GPS, Engineering Services City of Auburn
Seattle Public Utilities Public Works
Box 34018 25 West Main
Seattle, WA 98124-4018 Auburn, WA 98001-4998
Fax: 206-684-7396 attn: Bob Burton
E-mail: E-mail:
gavin. schrock@seattle.gov rburton@auburnwa.gov
9. OTHER PROVISIONS
9.1 Nothing contained herein is intended to, nor shall be construed
to, create any rights in any party not a signatory to this
Agreement, or to form the basis for any liability on the part of
the City, the subscriber, or their officials, employees, agents, or
representatives, to any party not a signatory to this Agreement.
9.2 Waiver of breach of any provision of this Agreement shall not be
deemed to be a waiver of any prior or subsequent breach and
shall not be construed to be a modification of the terms of this
Agreement.
9.3 If any provision of this Agreement shall be held invalid, the
remainder of the Agreement shall not be affected thereby if
such remainder would then continue to serve the purposes and
objectives of the parties.
9.4 The captions in this Agreement are for convenience only and do
not in any way limit or amplify the provision of this Agreement.
9.5 This Agreement, including Recitals (which by this reference are
incorporated herein) contains the entire agreement of the
parties and any representations or understandings, whether
oral or written, not incorporated herein are excluded.
9.6 The provisions of this Agreement shall be construed as a whole
according to their common meaning and consistent with the
Page 7 of 8
"- ._----"----_.."~.,-~-_..__.._--~-,-----_.~_.,--~._-~-~-.--.-,.. ...,,-.-
.
other provisions herein contained in order to achieve the
objectives and purposes of this Agreement. Each party and its
counsel (if the party so desires) has reviewed and revised this
Agreement. Each Party agrees that the usual rule of
construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the
interpretation of this Agreement.
9.7 This Agreement may be amended only by an instrument:in
writing, duly executed by both parties.
9.8 This Agreement shall be governed and construed in accordance
with the laws of the State of Washington.
IN WITNESS WHEREOF, the parties have entered into this Agreement
effective as of the date last written below.
The City of Seattle The Subscriber
[Sign] 6/~~ ' [Si~~
[Print Name] B/.2..J.A.u />j.;.\.lo.0 [Print Name] Peter B. Lewis
[Title] t7i~t---reQ.. ,,~~ $Pv [Title] Mayor
GPS, Engineering Service [Representing] City of Auburn
Seattle Public Utilities
Date: 4~-?PJe>b Date: t/:ll~/ O{
.
Page 8 of 8
--- _ _ .'~.m _.____~_.___..__.__~.___,._.___~_~.._ .. ~__,__~_____ .'.-,...-.------.....--
..
~~~g
f;;Kp~ i' .';;
ht ;,if1;~'--'-A;
- '~iii~,J ".
~...-__- '..i!;"ji\.
PUGET REFERENCE STATION NETWORK
Application for Subscription Account(s)
a.
Mailing Address [Same?] 'I' n
k. r.
m. s.
n. t.
u. City v. State
w.Zip
.
y. Annual subscription rate in effect for all new accounts applied
Number of Accounts x. #.J.. for until Dee 31"t, 2005 is:
$1.900.00 US rfee includes all applicable taxes!
Conditions. The applicant hereby agrees to the terms of the attached subscriber agreement and that an invoice will
be issued and mailed to the above billing address for an amount equal to the number of accounts requested [pElr box "x"]
multiplied by the current annual subscription rate [per box "y"J. The accounts will be activated on receipt of this iipplication
and a signed user agreement. The applicant will haVe~dayS to pay upon receipt of the invoice. If payment is 110t
received within the JO'days the account(s) will be sus ded until payment is received.
4, 'tS Applicant Initials ~~RB
Preference for Login Names max. 8 characters minimum z. abrl1 rn I ~
4 alpha characters plus two numeric (e.g. "ABCD12"). Your
password(s) will be issued, phone if you need to change the
password(s). Loglns can be used for real-time and web services.
Mail this completed Application and a signed PRSN Subscriber Agreement (signed and dated the
same day) and mail or deliver to:
Attn: Gavin Schrock Signature of ApPlicant~~
Seattle Public Utilities
700 5th Ave, Ste 4900
PO Box 34018 Date ~/~/ 'ZoOS
Seattle WA 98124-4018
www.prsn.org . 206-684-5630(v) . 206-684-7396 (fax) . gavin .schrock@seiattle.gov
Page 1 of 1
.. .---.--,--".--"-.,---- _..-.---- -------. --~----_.,._- --