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HomeMy WebLinkAboutMINUTES - 03211995 - 1.1 (2) TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: March 21, 1995 SUBJECT: Agreement with the City of Walnut Creek 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 Walnut Creek which provides for the city to become a member of the County's Computer Mapping/Geographic Information System. II. Financial Impact: The city's membership in the program will provide an additional $1,333 annually for system operation. This will very slightly in the future as parcels are added 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. Currently, eight (8) cities and thirteen (13) special districts are members of the system. Continued on Attachment: SIGNATURE: %/Lt Wt _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON Plarch 21, 1995 APPROVED AS RECOMMENDED ✓ OTHER'_ VOT OF SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the IB/dr Board of Supervisors on the date shown. Odg.Di s.q ATTESTED: March 21, 1995 Contact: ct: Public Works(-31 PHIL BATCHELOR,Clerk of the Board Contact: Irma Bergeron-313-2353 cc: J.Michael Walford,PW Director of Supervisors and County Administrator M.Kublcek,PW Deputy Director ` J.Morton,PW-Computer Svcs. 1.Bergeron,PW-Mapping By ,Deputy D.Russ,PW-Computer Svcs. AGREEMENT FOR MEMBERSHIP IN CONTRA COSTA COUNTY COMPUTER MAPPING SYSTEM (CMS) AND GEOGRAPHIC INFORMATION SYSTEM (GIS) 1. PARTIES The parties to this agreement are the City of Walnut Creek , 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: 1 r 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. 4) Floppy discs (5-1/4 inch) or data tapes for transferring CMS base maps to the Member's computer, in the format specified by 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 inputing raw data, 2) data storage and maintenance, and 3) programming for data extraction. GIS products and lists will include such land use maps and/or 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. DATABASE 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", 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 2 nothing herein shall be constnied to prevent AGENCY from using the maps and data obtained from the CMS or GIS in the usual carie 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: AN 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 cly members shall be required to pay to County a fee for each parcel approved for devebpment 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 tofim 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, 'Tean,"AGENCYwill be reimbursed the applicable unused portion of any prepayment. 9. SERVICE CHARGES Each Member will have an aa=nt 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 Iists..The COUNTY will bill Members on a bi-monthly basis for the cost of the products 3 and services they have purchased. The charges shall be payable when billed. 10. TERM This Agreement is for the fiscal year ending June 30, 1995 and shall continue thereafter on a term of each fiscal year unless terminated as provided herein. After June 30, 1995, this Agreement may be terminated by either party upon 30 day written notice and payment of any charges then due. Upon proper termination and payment of all charges then due, the annual membership charge will be prorated on a monthly basis and the unused portion returned to AGENCY. 11. 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 TEE- 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 4 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 AGENCY OF CONTRA COSTA COUNTY By By Cha' , Board of Supervisor 5 ATTEST: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County A inisbor By By Pr . ichael Wal rd City ler-k 'Y ' Public Works Director ' By APPROVED AS TO FORM FOR COUNTY: APPROVED AS TO FORM FOR AGENCY: VICTOR WESTMAN� ounty C nsel By +✓` By Deputy U City Attorney 6