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Home My WebLink AboutMINUTES - 11021993 - 1.11 i TO: BOARD OF SUPERVISORS �I FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: November 2, 1993 SUBJECT: Agreement with the City of San Ramon for membership in the Contra Costa County's Computer Mapping/Geographic Information System. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: AUTHORIZE and APPROVE chairperson to execute an agreement between the County and the City of San Ramon which provides for the city to become a member of the County's Computer Mapping/ Geographic Information System. fl. FINANCIAL IMPACT: The city's membership in the program will provide an additional $830 annually for system operation and $25 for each new parcel created in the city. III. BACKGROUND: The purpose of the County's Computer Mapping/Geographic Information System is to provide land related data in a geographic formate for local government. Membership in the system is a means for other non-County local agencies to share the data and to bear a proportionate share of the costs. Currently, eight (8) cities and twelve (12) special districts are members of the system. Continued on Attachment:_ SIGNATURE: _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON NOV 2 1993 APPROVED AS RECOMMENDED MOTHER hereby certity that this is a tare and correct copy V an action taken and entet%d on the minutes of the Board of supervisors on the date shown. ATTESTED: -NOV 2 lg_g3 £ VOTE OF SUPERVISORS PHIL BATCHELOR,Clerk of the Board UNANIMOUS (ABSENT �� Administrator AYES: NOES: puty ABSENT: ABSTAIN: """�'� JM:sj c:BOCMS.t9 Contact: Jim Morton-313-2307 Orig. Div: Public Works cc: J. Michael Walford, PW Director M. Kubicek, PW Deputy Director J. Morton, PW-Computer Svcs. I. Bergeron, PW- Mapping S.Jackson, PW-Computer Svcs. \ I Copy AGREEMENT FOR MEMBERSHIP IN CONTRA COSTA COUNTY COMPUTER MAPPING SYSTEM (CMS) AND GEOGRAPHIC INFORMATION SYSTEM (GIS) 1. Parties The parties to this agreement are C iTY OF S4N kAn W , a political subdivision of the State of California or public agency in the State of California (hereafter "AGENCY" ) and the COUNTY. OF CONTRA COSTA, a political subdivision of the State of California (hereafter "COUNTY" ) . 2. Purpose The purpose of this agreement is to provide the AGENCY access to the County's Computer Mapping System (CMS) base map data and/or Geographic Information System (GIS) data, including site specific data for individual parcels, under the limitations contained herein. 3. Definitions The following definitions apply herein: a. "Computer Mapping System" (CMS) 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 maps . b. "Geographic Information System" (GIS) 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 and analyze County Land Information System data and other data relating to the individual base map parcels . C. "Member" means any agency signing a membership agreement with the COUNTY. d. "Data" means any computerized maps, records, or other information developed, analyzed, stored or retrieved by use of the CMS or GIS. 4. Statement of Services Upon Agency's payment of the annual membership charge, County agrees to make available the following services, which Agency may purchase at the costs specified: a. - COUNTY agrees to provide the following CMS products to Member at the County's cost of processing, printing, assembling and shipping each product: 6 . Unauthorized Use AGENCY understands that only Members are entitled to data from CMS or GIS, and AGENCY agrees that it will not provide said material to anyone other than a Member; provided, however, that nothing herein shall be construed to prevent AGENCY from using the maps and data obtained from the CMS or GIS in the usual course of AGENCY activities, subject to Paragraphs 11 and 12 herein. 7 . Annual Membership Charge AGENCY agrees to the annual membership charges set forth below. a. Cities 1. Parcel Charge: All city members shall be required to pay by July 30 of each fiscal year an annual membership charge of $0. 05 for each parcel in the city limits . 2 . New Lot fee: At the end of each quarter, and as a condition of remaining a member of the CMS or GIS, all city members shall be required to pay to County a fee for each parcel approved for development by the city during that quarter. The fee for each such parcel shall be in the amount of the New Lot Fee imposed by the County for base mapping of parcels approved for development by the County during that quarter. County's base mapping New Lot Fee as of March 1989 is $25 per parcel, but Agency understands that said amount may be increased by County at any time. b. Special Districts 1 . Parcel Charge: All special district members shall be required to pay by July 30 of each fiscal year an annual membership charge of $0. 10 for each parcel within the limits of the special district. C. The aforesaid New Lot Fee shall be due and payable by the end of the quarter in which this Agreement is signed. Payment of the aforestated annual membership Parcel Charge will not commence until at least 90% of the base maps for the agency's area are loaded into the system. 8. Prepaid Annual Membership Charge COUNTY is accepting up to five years of prepayment of the annual membership charge as a means of financing some of the system development costs. Upon proper cancellation of membership under Section 10, "Term," AGENCY will be reimbursed the applicable unused portion of any prepayment. -3- OTHER DEFICIENCY OF THE SYSTEMS, BY ANY DELAY OR FAILURE TO PROVIDE ANY SERVICE, OR BY ANY OTHER INTERRUPTION, DISRUPTION OR LOSS OF AGENCY OPERATIONS. AGENCY AGREES THAT IT WILL, IRRESPECTIVE OF ANY ALLEGED LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR EXPENSE, CONTINUE TO PAY ALL CHARGES IN THE AMOUNTS STATED HEREIN UNTIL THIS AGREEMENT IS PROPERLY TERMINATED IN ACCORDANCE WITH ITS TERMS. 12. Third Party Use of Data; Agency's Indemnification. a. Agency agrees that it will provide no copy (or partial copy) of any data to any other entity, business or individual without 1) disclosing that the copy (or partial copy) of the data is obtained from Contra Costa records and 2) including a complete copy of Paragraph 11 of this Agreement with the copy (or partial copy) of the data. b. Agency hereby agrees to defend, save, hold harmless and indemnify County and its officers, employees and agents, against claims by anyone for any loss, injury, damage, risk, cause of action, or liability of any type (including legal fees) occurring to Agency or any other person, relating to or arising out of the subject matter of this Agreement, or which may be alleged to have been caused, either directly or indirectly, by the acts, conduct, omissions, negligence or lack of good faith of County, its officers, agents or employees in any way related to or arising out of the subject matter of this Agreement. 13 . General This Agreement constitutes the entire contract between AGENCY and the COUNTY. Notwithstanding any representations to the contrary by any agent of COUNTY, no other terms or conditions shall apply herein unless agreed to in writing by both parties subsequent to the date this Agreement is signed by the parties . 14 . Default in Payments Upon failure of AGENCY to make payments for 30 days after due, as specified herein, AGENCY agrees and understands that COUNTY may, at COUNTY'S discretion, forthwith terminate the AGENCY'S Membership. Such remedy shall be in addition to any other legal remedy COUNTY may have. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY AGENCY AM 5�By I ��d'� By Chair, Board of Supervisors ,0a^i frir? s it -5-