CONGESTION MANAGEMENT AGENCY TRAVEL DEMAND MODEL AGREEMENT

CMA-98-109 ACCMA/City of Pleasantoa Travel Demand Model Agreement PAGE 2 OF 4 3. Jurisdiction and/or any consultant hired by Jurisdiction, will use the Countywide Model in accordance with the most current CMA Board approved version of ACCMA's Technical Guidelines, including the Model Application and Use Guidelines (attached). For example, this includes analyzing project impacts based on volume changes and not changes in speeds. 4. Jurisdiction and/or any consultant hired by Jurisdiction, shall use the Countywide Model in its own facilities. Use of the Countywide Model on terminals and devices not on premises defined in the letter agreement is prohibited unless otherwise agreed to in writing by ACCMA. Jurisdiction and/or any consultant hired by Jurisdiction, agree to only make as many copies and back-up copies of the Countywide Model as necessary for the purposes of developing and maintaining the model for the purposes described in the letter attached. 5. Once the project analysis is complete and the project is approved, Jurisdiction shall provide the ACCMA with written and electronic documentation of any revisions to the Countywide Model and a copy of the modified data banks and supporting information. This information shall be kept in ACCMA files. The local Jurisdiction is permitted to keep one copy of the same information, but any consultants retained by them are not. Jurisdiction agrees to notify the ACCMA in writing when the Countywide Model has been deleted from computers and processors at all locations, including all computers and processors belonging to any consultant hired by Jurisdiction. 6. Any use, copying or distribution of the Countywide Model by Jurisdiction not authorized by this Agreement shall automatically terminate Jurisdiction's rights to use the Countywide Model outside ACCMA premises. The Jurisdiction would continue to have access to model inputs and outputs as outlined in the current ACCMA Board approved policies regarding use of the Countywide Model. Under these circumstances, the local Jurisdiction is entitled to model runs performed by ACCMA staff and/or consultant hired by ACCMA. The costs for such staff and/or consultant performed model runs will be billed to Jurisdiction on a time and materials basis. Any use, copying or distribution of the Countywide Model by consultant hired by Jurisdiction not authorized by this Agreement shall automatically terminate the consultant's rights to use the Countywide Model for a period of two (2) years. Jurisdiction will then have the following options: perform the model work in-house, retain another consultant or have the ACCMA and/or a consultant hired by ACCMA perform the model runs. All costs are to be borne by the Jurisdiction as described in this Agreement. 7. Title to the Countywide Model, including all copies and derivative works prepared by Jurisdiction and/or any consultant hired by Jurisdiction, will remain with ACCMA. Jurisdiction and any consultant hired by Jurisdiction, hereby assigns to ACCMA ownership of all such copies and derivative works. Any modified version of the Countywide Model cannot be resold or claimed by the local Jurisdiction or consultants to be its own.