HomeMy WebLinkAbout108-92RESOLUTION NO. 108-92
APPROVING AN AGREEMENT FOR MEMBERSHIP IN
CONTRA COSTA COUNTY COMPUTER MAPPING SYSTEM (CMS) AND
GEOGRAPHIC INFORMATION SYSTEM (GIS)
WI-IERFAS, the County of Contra Costa has a Computer Mapping System and Geographic
Information System; and
WHERF~S, said system is capable of providing Danville with updated and current Town
maps and information; and
WHEREAS, the County can and will provide Danville with service specifically for mapping
and information per the attached Exhibit "A" Agreement; and
WHERF~S, the County service is comparable to service obtainable by Danville through
outside consultants; and
WHEREAS, the County service provides a significant reduction in costs now being spent to
update Town maps and information; and
WHERF~S, the Town wishes to utilize the County's services for mapping and geographic
information; now, therefore, be it
RESOLVED, by the Town Council of the Town of Danville that the Town Manager be, and
hereby is authorized to execute, On behalf of the Town, that Agreement for Membership in
Contra Costa County Computer Mapping System (CMS) and Geographic Information System
(GIS) in the form as lodged with the City Clerk, together with such changes as may hereafter
become necessary, provided such changes do not materially increase the obligations of the
Town hereunder.
APPROVED by the Danville Town Council at a Regular Meeting on July 7, 1992, by the
following vote:
AYES:
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
LANE, SHIMANSKY, DOYLE, GREENBERG, RITCHEY
MAYOR '
APPROVED AS TO FORM:
ATTEST:
L
CITY CLERK
ADMINISTRATIVE STAFF REPORT
11a
TO:
SUBJECT:
Mayor and Tow-, Council July 7, 1992
Adoption of Resolution No. 10892, Approving the Agreement for
Membership in the Contra Costa Connty Computer Mapping System
(CMS) and Geographic Information System (GIS)
BACKGROUND
Danville's base map is computerized. We do not have the computer hardware or software
necessary to maintain the computerized base map.
Every other year or so, the Engineering Depa~ianent contracts with an outside computer
consultant service to update the Town's base map. This costs as much as $10, ,000.00 each
'h
time this is done. ..
The County of Contra Costa has maintained a computerized mapping service for many years,
but has not, until recently, been able to provide the Town with what we consider an
appropriate level of service. There have always been difficulties in interfacing between the
Town's base map system and the County's. This problem has been rectified and the County
has expanded their computerized mapping service exponentially.
The County offers all municipalities, as well as utility companies and other organizations, the
option of joining the Gounty's Gomputerized Mapping System (GMS). The Gounty's service
costs approximately $ 735.00 per year ($ 0.05 per parcel), plus a very small service charge
for processing, printing and shipping (at the same rate as their costs). They will be able to
provide updated maps within 60 days of the recording of a new subdivision map.
In exchange for joining the program, Danville will be required to implement a new fee called
· "Base 'Map Revision Fee' of $ 35.00 per lot to pay for updating services .... This fee will be
charged at the time of filing of a subdivision map by the Engineering Department. The
County will receive $ 25.00 for payment for the mapping update, and $10.00 will stay with
Danville to pay for administrative costs. This is being handled as a separate action by
adoption of an ordinance to eremite the fee.
By joining the County's CMS, Danville will be participating with 14 other local agencies.
The advantages to Danville include:
1. A reduction in costs of at least $ 4,000.00 per year.
2. A computerized base map updated continually instead of every two to three years.
Computer Mapping System
July 21, 1992
Page 2
,
,
5.
The ability to obutin maps and services from the County at their cost instead of either
doing reproduction services ourselves or e~g to blueprint companies.
Map updating costs will be born directly by those who cause the need for changes.
This service will _ereat!y expedite and reduce costs associated with mapping.
Estimated savings will be $5,000.00.
co r snoN
Town Council adopt attached Resolution No. 108-92 approving the Agreement for
Membership in Contra Costa County Computer Mapping System (CMS) and Geographic
Infocamtion System (GIS).
FISCAL IMPACT
$ 3,675.00 for the first five years of service. The $ 3,675.00 is to be paid by funds budgeted
for Fiscal Year 1991-92, which were originally to go to an outside computer consulting firm.
Future charges for participation would be offset by revenues generated from development.
Pried by:
MZ:$H
Attachments: A
B
CC:
Mike Zuspan
CAvil Engineering Associate
Resolution No. 108-92
Agreement
CCC Public Works Department, 255 Glacier Drive, Martinez, 94553, Arm: Jim Causey
FikNo. 808.01
AGREEMENT FOR MEMBERSHIP IN CONTRA COSTA COUNTY COMPUTER
MAPPING SYSTEM (CMS~ AND GEOGRAPHIC INFORMATION SYSTEM (GIS)
I ·
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Parties
The parties to this agreement are TOWN OF DA~W~cE , 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").
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·
Definitions
The following definitions apply herein:
a·
"Computer Mapping System" (CMS) means the data processing
equipment, files andsoftware, developed by Contra Costa
County and installed on County's premises, which are
necessary to electronically reproduce the County base maps.
be
"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.
dg
"Data" means any computerized maps, records, or other
information developed, analyzed, stored or retrieved by use
of the CMS or GIS.
Statement of Services
Upon Agency's payment of the annual membership charge, County
agreesto 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:
EXHIBIT B
e
1. County base map books·
2. City and special district base map books.
·
Assembled base maps at a scale and size to meet the
Member's need.
' .4. ·.
.Floppy,discs (5~;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-On line
Access Agreement to be drafted by County, County intends to
develop and provide to members the following CHS or GIS
services:
l)
On line 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.
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", herein.
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e
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.
Annual Membership Charae
AGENCY agrees to the annual membership charges set forth below.
a. Cities
i ·
Parcel Charae: 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.
·
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
i ·
Parcel Charae: 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·
Prepaid Annual Membership Charae
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 ofmembership under
Section 10, "Term," AGENCY will be reimbursed the applicable
unused portion of any prepayment.
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9. Service Char~es
10.
11.
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 hi-monthly basis for the cost of the products and
services they have purchased. The charges shall be payable when
billed.
Term
This Agreement is for the fiscal year ending June 30, 1989 and
shall continue thereafter on a term of each fiscal year unless
terminated as provided herein. After June 30, 1989, 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.
Disclaimer of Liability and Warranties
AGENCY UNDERSTANDS AND AGREES THAT IT IS QUITE POSSIBLE THAT
ERRORS AND OMISSIONS WILL OCCUR IN DATA INPUTAND/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 WI?.L OCCUR IN ANYRECORD 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 COUNTYMAKES
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 THISAGREEMENT 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
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12.
13.
14.
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.
Third Party Use of Data; Aaencv'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.
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.
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
By
Chair, Board of Supervisors
Chair, ~overning Board
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ATTEST:
PHIL BATCHELOR, Clerk of the Board of
Supervisors and Coun=~Adminis~rator
ATTEST=
By
By
APPROVED AS TO FORM FOR COUNTY=
APPROVED AS TO FORM
FOR AGENCY:
DCG~df==b
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