HomeMy WebLinkAboutMINUTES - 02272001 - C.151 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: February 27, 2001
SUBJECT: Agreement with the City of Brentwood 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:
APPROVE and AUTHORIZE chairperson to execute an agreement between the County and the City of
Brentwood for membership in the County's Computer Mapping/Geographic Information System.
II. Financial lmpact:
The city's membership in the program will provide an additional $833 annually for system operation. This will vary
slightly in the future as parcels are added to or deleted from the city. Collect $25 for each new parcel created in
the city.
III. Reasons for Recommendations and Background:
The purpose of the County's Computer Mapping/Geographic Information System is to provide land related data in
a geographic format for local government. Membership in the system is means for other non-County local
agencies to share the data and to bear a proportionate share of the costs.
IV. Consequences of Negative Action:
None
Continued on Attachment: SIGNATURE.: �
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON February 27,2001 APPROVED AS RECOMMENDED XK_OTHER
I hereby certify that this is a true and correct copy of an action taken
and entered on the minutes of the Board of Supervisors on the date
shown.
VOTE OF SUPERVISORS
XX UNANIMOUS (ABSENT
AYES: NOES: ATTESTED: Febru 27, 9,001
ABSENT: ABSTAIN: PHIL,BATCHEI,OR., Clerk of the Board of Supervisors and
County Administrator
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Orig.Div: Public Works(CS)
Contact: Irma Bergeron-313-2353
ccM Shiu,Director By Deputy
P.McNamee,Deputy Director
J.Huie,Comp Svcs
R.Gilchrist,Accounting CFO
AGREEMENT FOR MEMBERSHIP IN CONTRA COSTA COUNTY COMPUTER
MAPPING SYSTEM (CMS) AND GEOGRAPHIC INFORMATION SYSTEM (GIS) o�&71/
1. PARTIES
The parties to this Agreement are the L LZ o 6y-e-,fwoqd a political subdivision
of the State of California or public AGEI`CYin 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 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 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:
1) County base map books.
2) City and special district base map books.
3) Assembled base maps at a scale and size to meet the Member's need.
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4) Diskettes (3 1/2") or data tapes for transferring CMS base maps to the Member's
computer, in the format specified by the County.
b. COUNTY agrees to provide GIS products and lists to Members at the County's costs of
processing, printing, assembling and shipping, plus an added charge for County's data
development. Data development costs may include (but are not limited to) the costs of 1)
gathering and inputting raw data, 2) data storage and maintenance, and 3) programming
for data extraction. GIS products and lists will include such land use maps an other
maps and/or information as COUNTY, in its sole discretion, determines to develop and
make available to Members.
C. In accordance with the terms of a Data Storage-Online Access Agreement to be drafted
by COUNTY, COUNTY intends to develop and provide to members the following CMS or
GIS services:
1) Online access to such CMS and GIS data as COUNTY determines to make
available to Members,
2) Storage and retrieval of such geographic data developed by Members as COUNTY
may determine to provide.
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 four weeks of filing of a final or parcel map with the County
Recorder.
AGENCY 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 AGENCY
disagrees with any changes or developments COUNTY desires, AGENCY understands and
agrees that its only recourse will be to terminate this Agreement under Paragraph 10, "Term and
Termination", herein.
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 the 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
Parcel Charge: All.special districts 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.
8. SERVICE CHARGES
Each Member will have an account established for use in obtaining the products and services
noted above. The COUNTY will establish a yearly cost schedule for computer time, staff labor,
special data charges, and miscellaneous costs necessary to developing and providing CMS and
GIS products and lists. The COUNTY will bill Members on a bi-monthly basis for the cost of the
products and services they have purchased. The charges shall be payable when billed.
9. TERM AND TERMINATION
The term of this Agreement granted to AGENCY herein shall be indefinite and shall remain in
effect unless the Agreement is terminated as set forth herein.
AGENCY shall have the right to terminate this Agreement upon thirty (30) days written notice to
COUNTY. COUNTY shall have the right to terminate this Agreement if: 1)AGENCY 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 AGENCY of such delinquency; 2)AGENCY commits or permits
any other breach of the Agreement and fails to remedy such breach within thirty (30) days after
written notice of such breach is given by COUNTY.
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Immediately upon termination of this Agreement, all rights under the Agreement granted to
AGENCY shall terminate and all copies of the Data, including any modifications, enhancements,
extensions, revision, updates and documentation of the Data provided by COUNTY shall be either
returned to COUNTY at AGENCY's expense or AGENCY shall provide written notification to the
COUNTY that the Data has been destroyed.
10. DISCLAIMER OF LIABILITY AND WARRANTIES
AGENCY 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 AGENCY 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
RECORDS ARE DEVELOPED AND MAINTAINED, AND THAT THE DATA MAY NOT MEET
AGENCY'S STANDARDS AS TO ACCURACY OR COMPLETENESS; NOTWITHSTANDING,
AGENCY AGREES TO TAKE THE DATA "AS IS", FULLY EXPECTING THAT THERE MAY
WELL BE ERRORS AND OMISSIONS IN THE DATA OBTAINED FROM COUNTY.
AGENCY 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.
AGENCY 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. AGENCY AGREES THAT COUNTY
SHALL NOT BE LIABLE TO AGENCY 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 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.
11. THIRD PARTY USE OF DATA: AGENCY'S INDEMNIFICATION
a. AGENCY 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 AGENCY. AGENCY represents and warrants that it has or will secure written
agreements with its agents and contractors to protect the proprietary nature of the data.
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b. AGENCY 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 10 of this Agreement with the copy (or partial copy) of the data.
C. 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, 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.
12. 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.
13. 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 AGENCY
OF CONTRA COSTA 7UNTY
ByBy
"
Cho, Board 99,upervisors
JONTUM - CITY WANAGM
ATTEST: February 27 , 2001 ATTEST:
PHIL BATCHELOR, Clerk of the Board of
Supervisors and ounty Administrator
By
By
Maurice-191. '§Hiu
Public Works Director
APPROVED AS TO FORM FOR COUNTY: APPROVED AS TO FORM FOR AGENCY:
VICTOR WESTMAN, County Counsel
C By
By
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Sd Deputy 1�ti Title:
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