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GIS Data Use AgreementMEMORANDUM August 14, 2002 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Agreement for GIS Data Use Information Services Manager Chris Kohlmann is recommending City Council approval of an agreement to share GIS data between Dubuque County and the City of Dubuque. The data we will receive provides the City a more up-to-date and complete GIS data set encompassing a larger area than currently exists for parcel-related data. Of particular note is the data will now include the Landfill, Dubuque Regional Airport and all of the Industrial Parks. As part of this agreement, the City will be providing the County GIS data that the City has developed and maintains. I concur with the recommendation and respectfully request Mayor and City Council approval. M~chael~C Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Chris Kohlmann, Information Services Manager MEMORANDUM Date= August 14, 2002 To= Michael C. Van Milligen, City Manager From: Chris Kohlmann, IS Manager RE: Agreement for GIS Data Use BACKGROUND Over the past several weeks I have been working with County Auditor Denise Dolan on an agreement to share GIS data between Dubuque County and the City of Dubuque. This agreement would provide for an exchange of data listed on Exhibit I of the agreement~ The area of data that we will receive is shown on exhibit 3 of the agreement. (Note that a separate agreement is currently in discussion, covedng the entire County data set to be used by Law Enforcement and 911 personnel.) There will be no charge between the two en~es with updates to the data occurring for the most part quarterly. Corporation Counsel Barry Lindahl has been active in the process of review and revision of this agreement. DISCUSSION The data we will receive, provides the City a more up-to-date and complete GIS data set encompassing a larger area than currently exists for parcel-related data. Of particular note is the data will now include the Landfill, Dubuque Regional Airport and all of the Industrial Parks. As part of this agreement the City will be providing the County GIS data that the City has developed and maintains. ACTION STEP I would ask that you sham this agreement with the City Council and forward it to them for l~eir approval. If you have any questions, please don't hesitate to let me know. 08/14/2002 2 THE CITY OF ~ z,,~/ '~ MEMORANDUM Date: August 14, 2002 To: Michael C. Van Milligen, City Manager From: Chds Kohlmann, IS Manager RE: Agreement for GIS Data Use BACKGROUND Over the past several weeks I have been working with County Auditor Denise Dolan on an agreement to share GIS data between Dubuque County and the City of Dubuque. This agreement would provide for an exchange of data listed on Exhibit 1 of the agreement. The area of data that we will receive is shown on exhibit 3 of the agreement. (Note that a separate agreement is currently in discussion covering the entire County data set to be used by Law Enfomement and 911 personnel.) There will be no charge between the two entities with updates to the data occurring for the most part quarterly. Corporation Counsel Barry Lindahl has been active in the process of review and revision of this agreement. DISCUSSION The data we will receive, provides the City a more up-to-date and complete GIS data set encompassing a larger.area than currently exists for parcel-related data. Of particular note is the data will now include the Landfill, Dubuque Regional Airport and all of the Industrial Parks. As part of this agreement the City will be providing the County GIS data that the City has developed and maintains. 08/14f2002 1 ACTION STEP I would ask that you share this agreement with the City Council and forward it to them for their approval. If you have any questions, please don't hesitate to let me know. 08/14/2002 2 AGREEMENT BETWEEN DUBUQUE COUNTY AND THE CITY OF DUBUQUE FOR GIS DATA USE This Agreement is made and entered into by and between Dubuque County, Iowa (County) and the City of Dubuque, iowa (City) this 12th day of August, 2002. 1. The purpose of this Agreement is to specify the terms and conditions under which County and City will exchange Geographical Information System digital data and/or digital products (GIS products) for each other's use and the County will distribute Tax Administration Parcel Data to City for City's use. GIS product and Tax Administration Parcel Data specific to exchange and distribution is identified in Exhibit 1. 2. This Agreement shall take effect upon execution by both parties and shall continue for one year thereafter. Unless terminated as provided herein, this Agreement shaII be automatically renewed for a one-year term each year thereafter. 3. No separate legal or administrative entity is created by this Agreement. 4. The parties agreesto provide each other GIS products that have been reviewed, authorized and deemed suitable for distribution by each party. 5. Both parties acknowledge that GIS products do not replace or modify land surveys, deeds, and/or other legal instruments defining land ownership and use. 6. Neither party shall be responsible for any hardware or software needed by the other party to access and use GIS products. 7. The parties agree that GIS products contain information from publicly available sources and have been developed for internal use. The parties further agree that GIS products are provided as is, with all faults, and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. 8. It is understood and acknowledged that parties GIS products are subject to constant change and that their accuracy cannot be guaranteed. Neither party makes any warranties or guarantees to the other party, either expressed or implied, as to the completeness, accuracy, or correctness of such products, nor accepts any liability to the other party arising from any incorrect, incomplete or misleading information contained therein. 9. Neither party shall be subject to liability to the other party for human errors, defect or failure of machines, or any material used in connection with machines, including but not limited to tapes, disks, and energy. 10. Neither party shall be subject to liability for any lost profits or consequential damages, or claims against the other party by third parties. - 11. Each party assumes its own risk as to the quality, performance and usefulness of GIS products. 12. Each party and its officers, agents, consultants, contractors and employees is hereby released by the other party from any and all claims, actions or causes of action for damages including, but not limited to, any costs of recovering, reprogramming or reproducing and programs or data stored in or used with GIS products, damage to property, damages for personal injury or for any lost profits, lost savings or other special incidental or consequential damages arising from the other party's use of or inability to use GiS products. 13. Each party shall indemnify hold harmless the other party, its officers, agents and employees from any and all liability claims or damages to any person or property arising from or connected with the party's negligent use of GIS products. 14. GIS products will be updated and made available based on a data delivery scheduled determined jointly by the parties as set forth in Exhibit 2. 15. Distribution of GIS products by either party to the other party does not constitute a transfer of any title or interest in the GIS products. 16. The parties agree to recog nize and honor in perpetuity ~he~copyrights, and other proprietary claims for databases, tax maps, and other collateral information, and products established or produced by each party, orthe vendors furnishing such items to either party. 17. GIS products may be copied by the parties for backup purposes. 18. Graphic displays and printed tabular listings derived from GIS products may be used by the parties in publications and presentations, provided that credit is given to the appropriate party as the custodian of the data and credit is also given to the original source of the data if other than the parties. 19. Each party shall use the other party's GIS products exclusively for its internal use and not for the use by any other person or entity, including, but not limited to, any entity which is affiliated with a party. 20. In order to maintain data quality and consistency and insure notification to ail parties regarding data updates, each party agrees that GtS products, or portions thereof shall not be licensed, assigned, released, published, transferred, sold or otherwise made available to a third party without the express written consent of the other party. Each party shall refer other governmental units, agencies, organizations, companies or individuals to the other party for direct distribution of GIS products. Each party agrees to keep other parties aware and informed of significant changes and enhancements to be made to their GIS products. 21. Either party may terminate this Agreement by delivering to the other party, not tess than ninety (90) days prior to termination, written notice of its intent to terminate this Agreement. 22. Upon the breach of or non-compliance with any term or provision of this Agreement, either party shall provide wdtten notice of such occurrence to the other party and may terminate this Agreement, in which event this Agreement shall terminate 60 days following the date of delivery of such notice to the other party. 23. Each party shall, within 30 days after termination of this Agreement, return the other party's GIS Products that are in the possession of each party. 24. This Agreement constitutes the entire agreement between the parties hereto. This Agreement may not be changed, modified, or amended, in whole or in part, except in writing and signed by the parties. 25. This Agreement and performance hereunder shall be governed and construed according to the laws of the State of Iowa. For the County: For the City: Donna L. Smith · Chair, Board of Supervisors Date: t Z- /~¢, Z- ~ Z- Attest.~-c4~5-6~ )'ff./~/'/---¢4/'--~ Denise M. Dolan Dubuque County Auditor Mayor Date: August 19, 2002 At t e~:~/~..~---~..,~¢/.~(.~ ~eanne F.' Schneider City Clerk EXHIBIT 1 - GIS PRODUCT AND TAX ADMINISTRATION PARCEL DATA County will provide data (aerial photos, and landbase information including attribute data from tax database for the area encompassing the City of Dubuque as shown on the attached Exhibit 3) GIS Product Coverages Data will be provided in shapefile format. Coverages currently available include: Parcel lines and dimensions Lot lines and dimensions Subdivision lines and names City limit and township lines Railroad right of way Iines and names Zoning classifications Parcel numbers and block numbers Lot and block numbers Section lines and numbers Road right of way lines and names Waterway lines and names Tax Administration Parcel Data will be provided in database format from certified real estate files. Aerial Photography will be provided, upon initial distribution, in TIF file format. City will provide data for the area encompassed within the City of Dubuque: GIS Product Coverage Data will be provided in shapefile format including: Election precinct lines Building Outlines Street Centedine Economic Development Districts Edge of Pavement Zoning classifications Historic Districts Contours (tiled coverage format only) Landuse Parks Exhibit 2 - Update and Maintenance Schedule County and City will exchange data, for which they have maintenance responsibility, as follows: Maintenance Item GIS Product Coverages Data Tax Administration Parcel Data City Zoning Classifications All other City data Update Frequency quarterly quartedy quarterly as needed or as updated Requested Data Area Exhibit 3 Area shaded in white is the requested area Miles Dbq streets.shp D u bu que_city_limits-shp S ageville_citylimits.sh p Asb u ry_citylimits.shp Requested area.shp townships.shp Center Dubuque Jefferson Mosalem Peru Table Mound Vernon