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Home My WebLink AboutMINUTES - 02131996 - C7 J C-7 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: February 20, 1996 SUBJECT: Agreement with Pacific Bell, a Pacific Telesis Company, for use of Contra Costa County's Computer Mapping/Geographic Information System Data. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE chairperson to execute an agreement between the County and Pacific Bell, A Pacific Telesis Company, which provides for use of the County's Computer Mapping System (CMS) data. II. Financiallmpact: The company's purchase of CMS data will provide approximately $68,000 of revenue for CMS system operation. III. Reasons for Recommendations and Background: The CMS program revenue sources such as new lot fees, city and special district membership fees and including general fund allocation, are insufficient to cover all operating costs. The revenue from the proposed agreement will help the CMS program to be fully funded in fiscal year 1995-96. Continued on Attachment:_ SIGNATURE: 1` _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON ,_'02/13/1996 APPROVED AS RECOMMENDED x OTHER_ VOTE OF SUPERVISORS X UNANIMOUS (ABSENT IV ) AYES: NOES: ABSENT: ABSTAIN: IB/slw g:\compsvc\bocros.t2 Orig.Div:Public Works(CS) Contact: Irma Bergeron-313-2353 cc: J.Michael Walford,PUBLIC WORKS DEPARTMENT Director IherebyccrtifythatthisIsatrue and correctcopyof M.Kubicek, PUBLIC WORKS DEPARTMENT Deputy Director an action taken and entered on the minutes of the J.Morton, PUBLIC WORKS DEPARTMENT-Computer Svcs. Board of Supervisors on the date shown. i. Bergeron, PUBLIC WORKS DEPARTMENT-Mapping ATTESTED: FEBRUARY 13, 1 99 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator By.icEl4s. ,Deputy a- /3 -, 99 6 C , 7 AGREEMENT WITH COMPANIES FOR USE OF CONTRA COSTA COUNTY COMPUTER MAPPING SYSTEM (CMS) AND GEOGRAPHIC INFORMATION SYSTEM(GIS) 1. PARTIES The parties to this Agreement are P) --e.i 2 (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 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. "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 COUNTY will provide COMPANY with the following CMS products for COMPANY's internal use in connection with COMPANY's business: 1) Diskettes (3'/2") or data tapes for transferring CMS base maps to the COMPANY's computer, in a format mutually agreeable to COUNTY and COMPANY. i 5. DATA BASE DEVELOPMENT AND MAINTENANCE COUNTY agrees to continually update the CMS database to insure that all newly created parcels are added to the system within a reasonable time after filing of a final or parcel map with the County Recorder. COMPANY understands and agrees that the CMS and GIS are developmental systems,that the COUNTY reserves the right to make such changes as it deems appropriate as development continues, and that said changes may include changes to, or even deletion of, some data and may affect the procedure by which the data is obtained and the system is operated. If COMPANY disagrees with any changes or developments COUNTY desires, or if COUNTY no longer maintains the system, COMPANY understands and agrees that its only recourse will be to terminate this Agreement under Paragraph 7, "Term and Termination". However,if COUNTY no longer maintains the system,COMPANY shall not be required to return the data. 6. FEES COMPANY will pay a one time fee of$0.25 per parcel. COMPANY may request and receive yearly updates from the COUNTY at its option, at the rate of$0.125 per parcel per year. COMPANY will make payment within thirty days after receipt of invoice from COUNTY. The noted fee amounts shall be effective until January 1, 2000. 7. TERM AND TERMINATION The term of this Agreement granted to COMPANY is until January 1, 2000, unless the Agreement is terminated as set forth herein, except for Section 8, DISCLAIMER OF LIABILITY AND WARRANTIES and Section 9, THIRD PARTY USE OF DATA AND INDEMNIFICATION,which shall remain in force. After agreement expires, COMPANY shall not be required to return data. COMPANY shall have the right to terminate this Agreement, except for Section 8 and Section 9,upon thirty(30)days written notice to COUNTY. COUNTY shall have the right to terminate this Agreement if- (1) COMPANY is delinquent in making any payments due under this Agreement for a period of thirty(30)days after the date on which COUNTY gives notice to COMPANY of such delinquency; (2) COMPANY commits or permits any other breach of this Agreement and fails to remedy such breach within thirty(30)days after written notice of such breach is given by COUNTY. COMPANY shall retain the right to continue to use the data upon termination or expiration of this agreement except for the occurance of actions(1) or(2)as stated. If actions (1)or(2) as stated, occurs before or after termination or expiration of this agreement, all rights under this Agreement granted to COMPANY shall terminate and all'copies of Data, including any modifications, enhancements, extensions,revisions,updates and documentation of the Data, provided by COUNTY shall be either returned to COUNTY at COMPANY's expense or COMPANY shall provide written notification to the COUNTY that the Data has been destroyed. 2 8. DISCLAIMER OF LIABILITY AND WARRANTIES COMPANY UNDERSTANDS AND AGREES THAT IT IS QUITE POSSIBLE THAT ERRORS AND OMISSIONS WILL OCCUR IN DATA INPUT AND/OR PROGRAMMING DONE BY COUNTY 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 MAY NOT MEET COMPANY STANDARDS AS TO ACCURACY OR COMPLETENESS; NOTWITHSTANDING, COMPANY AGREES TO TAKE THE DATA"AS IS", 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 FITNESS 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 FACTS. COMPANY FURTHER UNDERSTANDS AND AGREES THAT IT FOREVER WAIVES ANY AND ALL RIGHTS, CLAIMS, 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 ANY ERROR OR OMISSION IN DATA OR IN ANY PROGRAMMING USED TO OBTAIN THE DATA OR IN ANY MANNER ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE DATA PROVIDED HEREUNDER. COMPANY AGREES THAT COUNTY 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, CONTINUE TO PAY ALL CHARGES IN THE AMOUNTS STATED HEREIN UNTIL THIS AGREEMENT IS PROPERLY TERMINATED IN ACCORDANCE WITH ITS TERMS. 3 07 -7 9.- THIRD PARTY USE OF DATA AND INDEMNIFICATION a. COMPANY agrees that it will not release, free trade or assign any of the supplied data to any third party, except to its agents and contractors who have a need to know in performing services for COMPANY. COMPANY represents and warrants that it has or will secure written agreements with its agents and contractors to protect the proprietary nature of the data. b. COMPANY agrees that it will provide disclosure in said agreements that the copy (or partial copy)of the data is obtained from Contra Costa records, and will include a complete copy of Paragraph 8 of this Agreement with the copy(or partial copy) of the data. C. COMPANY 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 COMPANY 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, conducts, omissions, negligence or lack of good faith of COUNTY or its officers, agents or employees in any way related to or arising out of the subject matter of this Agreement. 10. GENERAL This Agreement constitutes the entire contract on the subject matter of this Agreement between COMPANY 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 parities subsequent to the date of this Agreement is signed by the parties. BOARD OF SUPERVISORS OF CONTRA COST - O T (COUNT (COMPANY) By By * C a' , oard of Supervisor By * l� Date February 13, 1996 Date 4 t Y G ATTEST: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors an ounty nistra or By B � 2�l—r-rte Y J. !j4e®rdl or Public Works Directorf z APPROVED AS TO FORM FOR COUNTY: VICTOR WESTMAN, COUNTY Counsel By Dep *Two signatures are required for a company. For corporations, (profit or nonprofit), the contract must be signed by two officers. 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 Code 313). 5