Loading...
HomeMy WebLinkAboutMINUTES - 07111995 - C11 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: July 11, 1995 SUBJECT: Agreement with the Bethel Island Municipal Improvement District for membership in the Contra Costa County's Computer Mapping/Geographic Information System, SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: AUTHORIZE and APPROVE chairperson to execute an agreement between the County and the Bethel Island Municipal Improvement District which provides for the district to become a member of the County's Computer Mapping/Geographic Information System. 11. Financial Impa The district's membership in the program will provide an additional $137 annually for system operation. This will vary slightly in the future as parcels are added or deleted from the district. 111. 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, eleven (11) cities and thirteen (13) 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 11 199-5 APPROVED AS RECOMMENDED✓/OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT AYES: NOES: copy of ABSENT: ABSTAIN: I hereby certify that this Is a trate Old correct an action taken and entered on the minutes of the IB/rs Board of Supenillsors an the date shown. g:BOcms.t3 ATTESTEDL.— 111 . 1-c0s� —i PHIL BA*,HEA0R,Cie h of the Board Orig.Div: Public Works(CS) of Supervims dfid County Administrator Contact: Irma Bergeron-313.2353 illy. �y �.._.cc: J.Michael Walford,PUBLIC WORKS DEPARTMENT DirectorDeputy M.Kubicek,PUBLIC WORKS DEPARTMENT Deputy Director J.Morton,PUBLIC WORKS DEPARTMENT-Computer Svcs. I.Bergeron,PUBLIC WORKS DEPARTMENT-Mapping 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 13ETM&L Avg CIPAL. 1mPtZ0vmA11-'JT, apolitical 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 ttie 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 Members need. Floppy discs(5-1/4 inch) or data tapes for transferring CMS base maps to the Members 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 Agredfnent 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 COUNTYagrees 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 appropriatd 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 and services they have purchased. The charges shall be payable when billed. 10. TERM This Agreement is for the fiscal year ending June 30, 19 and shall continue thereafter on a term of each fiscal year unless terminated as provided herein. June 30, 19--., 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. DI$CLAIMER 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 nothing herein shall be construed to prevent AGENCY from using the maps and data obtained from the CIVIS 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 Agencyunderstands 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 comrhence until at least 90% of the base maps for the agency's area are loaded into the system. 8. PREPAID ANNUAL MEMBERSHIP !QHARQE 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. 9. 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 3 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 Dave 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 COUNIYS 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 Av�� 41e� By 7Ea4i— Chair, Board of SupervisoVs Chair, Governing Board G a 1(3 0 A P-A A-CTWJ4 Di57-2t<r F-,N4/uaep 138rHeL. x5jAN,0 AuNlelpAL 'x"'-Ou'matir nic,72ie-7- 5 ATTEST: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By By -XVichael rd Public WoCs Director APPROVED AS TO FORM FOR COUNTY. APPROVED AS TO FORM FOR GENCY. VICTOR WESTMAN, !U Cou By 2�L /� el B Deputy Title: M ehep-4, BoAa an of age<7me w AgG T/NCy 0/STQI�T �Nf��n1�ER a 6