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HomeMy WebLinkAboutMINUTES - 08031999 - C15 645 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFOR.D,PUBLIC WORKS DIRECTOR DATE: August 3, 1999 SUBJECT: Agreement with TC1 Cablevision of California, Inc. for ase of Contra Costa County's Computer Mapping/Geographic Information System Data. SPECIFEC REQUEST(S)OR RF.CJ717E,NDATIC?N(S)&BACKGROUND AND JUSTIFICATION 1, Recommended Action: APPROVE and AUTHORIZE chairperson to execute an agreement between the County and TCI Cablevision.of California, Inca which provides for use of the County's Mapping System(CMS) data. 11< FinancialIMpact: The company's purchase of CIMS data will provide approximately $68,000 of revenue for CMS system. operation. 111. Reasons for Recommendations and Bach rounds The CAIS program revenue sources such as new lot fees, city and special district membership fees and includ%ng general find allocation, are insufficient to cover all opeating costs. The revenue from the proposed agreement will help :fund the CMS program.. 1V. Consegnences of negative Action: None Continued on Attachment:_X_ SIGNATURE: —RECOMMENDATION SDE COUNTY ADMINISTRATOR RECOMMENDATION CDS'BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION CIE BOARD ON AUGUST .3, 1Q,0PPROVEID AS RECOMMENDED X OTHER I hereby certify that this is a true and correct copy VOTE OF SUPERVISORS of an action taken and entered on the minutes of X t.NI ANIMOUS(ABSE,Nz ) the Board of Supervisors on the date shown. AYES. NOES.-- ABSENT: ODES:ABSENT: ABSTAIN: co" svaa 3M x sa�cz s-3.aoc ATTESTED: AC-GUST 3, 1999 PHIL BATCHELOR, Clerk of the Board of Orig,Div: Public Worxs(ConnVuie:Serviets) Supervisors and County Administrator (mra$ergemn(925;313-2353) �i"° y cc: 1.mici:ae,Wai-foal,?WD P.McNamee,PWD J.M:o!tch,COM-P.saviccs f d" R.Gilchrist,AGCOU[1C1.^..S By , Deputy AGREEMENT WITH COMPANIES FOR USE OF CONTRA COS'T'A COUNTY COMPUTER-,MAPPING SYSTEM(CMS) ANIS GEOGRAPHIC INFORMATION SYSTEM (CIS) 1. PAR IES The parties to this Agreement are -'VC'-,'1- / 1, (hereafter"COMPANY")and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California(hereafter"COUNTY"). 2. PURPOSE The purpose of the Agreement is to provide COMPANY access to the COUNTY's Computer 'upping System(CMS)base map data and/or Geographic Information System(CBIS)data, including site specific data for individual parcels,under the limitations contained herein. 3. DEFrNITIONS The following definitions apply herein: a. "Computer Mapping Systern"(CICS)means the data processing equipment,files and software developed by Contra Costa County and installed on COUNTY's premises, which are necessary to electronically reproduce the County base reaps. b. "Geographic Information System"(CBIS)means the data processing equipment files and software developed by Contra. Costa County and installed on CC)I3NTY's premises which are necessary to electronically reproduce and.analyze County Land Information System data and other data relating to the individual base map parcels. C. "Data" means any computerized maps, records or other information developed, analyzed, stored or retrieved by use of the CMS or CIS. 4. ST;ATEIv1ENI£3F SERV'IC;�'S COUNTY will provide COMPANY with the following CICS products for COMPANY's internal use in connection_with COMPANY's business: 1) Diskettes (31z") or data tapes for transferring CICS base maps to the COMPANY's computer, in a format mutually agreeable to COUNTY and COMPANY. t 8. DISCLAIMER OF LIABILITY AND WA NTT � COMPANY UNDERSTANDS AND AGREES THAT IT IS QUITE POSSIBLE THAT ERRORS AND OMISSIONS WILL OCCUR IN DATA INPUT AND/OR PROGRAMMING DONE BY COUN'T'Y TO PROVIDE THE DATA IN THE FORM DESIRED,AND COMPANY FURTHER UNDERSTANDS AND AGREES THAT IT IS HIGHLY PROBABLE THAT ERRORS AND OMISSIONS WILL OCCUR. IN ANY RECORD KEEPING PROCESS, ESPECIALLY WHEN LARGE NUMBERS OF RECORD ARE DEVELOPED AND MAINTAINED,AND THAT THE DATA MA`s'"NOT MEET COMPANY STANDARDS AS TO ACCURACY OR COMPLETENESS; NOTWITHSTANDING,COMPANY AGREES TO TAKE THE DATA"AS ISS',FULLY EXPECTING THAT THERE, MAY WELL BE ERRORS AND OMISSIONS IN THE DATA OBTAINED FROM COUNTY. COMPANY FURTHER. UNDERSTANDS AND AGREES THAT COUNTY MAKES ABSOLUTELY NO WARRANTY WHATSOEVER, WHETHER EXPRESSED OR. IMPLIED, AS TO THE ACCURACY, THOROUGHNESS, VALUE, QUALITY, VALIDITY,MERCHANTABILITY, SUITABILITY,CONDITION OR FI'INESS FOR A PARTICULAR PURPOSE OF THE DATA OR. ANY PROGRAMMING USED TO OBTAIN THE DATA,NOR.AS TO WHETHER THE,DATA,IS ERROR.-FREE, UP-TO- DATE, COMPLETE OR.BASED UPON ACCURATE OR MEANINGFUL FACT'S. COMPANY FURTHER.UNDERSTANDS AND AGREES THAT IT FOREVER.WAIVES ANY AND ALL RIGHTS, CLADS, CAUSES OF ACTION OR. OTHER RECOURSE THAT IT MIGHT OTHERWISE HAVE AGAINST COUNTY FOR.ANY INJURY OR DAMAGE OF ANY TYPE, WHETHER. DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, RESULTING FROM A_NY ERROR. OR. OMISSION IN DATA OR.IN ANY PROGRAMMING USED TO OBTAIN THE DATA. OR IN AN'Y MA.NNTER.ARISING OUT OF O.R.RELATED TO THIS.AGREEMENT OR. THE DATA PROVIDED HEREUNDER. COMPANY AGREES THAT COUNTY Y SHALL NOT BE LIABLE TO COMPANY FOR ANY LIABILITY, CLAIM, LOSS, DAMAGE, INJURY OR. EXPENSE OF ANY KIND CAUSED OR. ALLEGED TO BE CAUSED, DIRECTLY OR INDIRECTLY,BY THE INADEQUACY OF.ANY CMS OR GIS DATA OR ANY OTHER.DEFICIENCY OF THE SYSTEMS, BY ANY DELAY OR.FAILURE TO PROVIDE ANY SERVICE OR BY ANY OTHER.INTERRUPTION, DISRUPTION OR LOSS OF COMPANY OPERATIONS. COMPANY AGREES THAT IT WILL, IRRESPECTIVE OF ANY ALLEGED LIABILITY,CLAIM,LOSS,INJURY, DAMAGE OR EXPENSE, CONTINTUE TO PAY ALL CHARGES IN THE AMOUNTS STATED HEREIN UNTIL 'I'I-IIS AGREEMENT IS PROPERLY TERMINATED ACCORDANCE WITH ITS TERMS. 3 ATTEST: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By By By J. iclhael` alford Public Works Director' APPROVED AS TO FORM FOR COUNTY: VICTOR WESTNLA C{3UNTY Counsel By f � I3ety *Two signatures are required sr a company. For corporations, (profit or nonprofit), the contract must be signed by two ox�zcers. The first signature must be that of the President or Vice-President and the second signature must be that of the Secretary or Assistant Secretary (Civil Code 1190.1 and Corporation Cade 313). 5