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