Riverside Co/Geo Info Syst 002
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Agreement No. 00-03-27
AGREEMENT FOR ACCESS TO
COUNTY OF RIVERSIDE GEOGRAPHIC INFORMATION SYSTEM DATA
THIS AGREEMENT is made and entered into by and between the County of
Riverside (hereinafter referred to as "COUNTY") and the City of La Quinta
(hereinafter referred to as "LICENSEE"); and the parties do hereby agree as follows:
I. GIS PROJECT DESCRIPTION
COUNTY has developed the COUNTY Geographic Information System ("COUNTY
GIS"), an internal government system that provides geographic information
resources to COUNTY departments, other governmental agencies, utilities, and the
private and public sector. COUNTY GIS provides a common base for mapping that
reduces the duplication of labor for producing maps and analysis of geographic data.
The map base is organized into five major libraries: Book; Township; Census; Quad
and County. Each library contains many separate layers that include both graphics
and attribute data. Additional libraries for data will be developed as COUNTY GIS
expands. COUNTY will provide LICENSEE with access to many information levels
that COUNTY has developed within LICENSEE's area of interest. Data developed by
the LICENSEE can be accessed by the COUNTY.
11. DEFINITIONS
A. "GIS Information" shall include GIS digital files (including the information or
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data contained therein) and any other information, data, or documentation
from COUNTY GIS (regardless of medium or format) which is provided
pursuant to this agreement.
B. "Documentation" shall mean all manuals, user, and other related material
pertaining to the GIS information which are furnished to LICENSEE by
COUNTY to assist in interpreting and utilizing the information contained in
the GIS information.
III. OBLIGATIONS OF COUNTY
A. COUNTY will provide LICENSEE with access to COUNTY GIS information as
specified in Attachment A.
B. Comply with this agreement including the terms and conditions contained in
Attachment A.
C. Provide any notice required to be sent pursuant to this agreement by regular
mail to the following:
Thomas P. Genovese, City Manager
City of La Quinta
P.O. Box 1504
La Quinta, 92253
(760) 777-7035
IV. OBLIGATIONS OF LICENSEE
A. LICENSEE shall not produce unauthorized copies (regardless of format or
medium) of the GIS information provided pursuant to this agreement.
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LICENSEE shall continuously maintain a list of all copies; and such list shall
be presented to the COUNTY at the time the original GIS information is
returned to COUNTY. In addition, LICENSEE shall complete and return to
COUNTY the declaration attached as Attachment B to confirm that all
copies (regardless of format or medium) of the GIS information have been
destroyed.
B. LICENSEE acknowledges that the unauthorized use, transfer, assignment,
sublicensing, or disclosure of the GIS information, documentation, derivative
products or copies thereof will substantially diminish their value to COUNTY.
Accordingly, if LICENSEE or its representatives breach any of its obligations
with respect to the use or confidentiality of the GIS information,
documentation, or derivative products, COUNTY may seek any form of legal
or equitable relief; and, in addition, LICENSEE shall pay COUNTY $25.00 per
parcel/polygon plus staff labor time and compensation for any damage
suffered by COUNTY as the result of any such breach.
C. LICENSEE shall provide any notice required to be sent pursuant to this
agreement by certified mail to the following:
COUNTY OF RIVERSIDE
TRANSPORTATION AND LAND MANAGEMENT AGENCY
INFORMATION RESOURCES
P 0 Box 1090
GIS Mapping Rm 11 Mail Stop 1260
Riverside, CA 92502-1090
D. LICENSEE shall pay COUNTY for information, services or other charges
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within thirty (30) days after receipt of billing from COUNTY.
V. MISCELLANEOUS
A. This agreement shall become effective on the date it is signed by LICENSEE
and COUNTY. The initial term of this agreement is a period of one (1) year;
and it shall be automatically renewed for a maximum of five (5) subsequent
one-year periods unless LICENSEE or COUNTY provide appropriate written
notice that it desires not to renew the agreement. LICENSEE shall have the
right to terminate this agreement at renewal date upon thirty (30) days
written notice to COUNTY. COUNTY shall have the right to terminate this
agreement upon thirty (30) days written notice to LICENSEE.
B. The rates for service, systems and support are listed in Attachment A
("Scope of Geographic Information System Services and Charges"). These
rates are effective for the initial term of this agreement; and COUNTY
reserves the right to increase the rates for subsequent renewal periods. Any
changes to the rates will be provided to LICENSEE ninety (90) days prior to
the renewal date.
C. COUNTY GIS information is made available to LICENSEE solely for use in the
normal course of LICENSEE business to produce LICENSEE reports and/or
hard copy maps. COUNTY GIS information may not be sold, assigned,
conveyed or otherwise transferred to any other person or entity without
prior written consent of COUNTY and COUNTY's GIS. With the exception
that County and County's GIS consent that non -digital (hard copy) maps
may be provided to outside agencies/parties (e.g. developers, real estate
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brokers, contractors, and water agency) as LICENSEE deems appropriate in
the conduct of daily LICENSEE business. Any product or material produced
by LICENSEE through use or incorporation of COUNTY GIS information that
is intended for sale or other distribution to the public or any other person or
entity shall require prior written consent of COUNTY and COUNTY's GIS and
will be subject to a royalty fee as determined by COUNTY. With the
exception that County and County's GIS consents that LICENSEE may
charge administrative fees as appropriate to recover actual direct cost in
providing hard copy maps as allowed to outside agencies/parties, with no
royalty in turn being required by the County. COUNTY GIS information is
and shall remain the sole property of COUNTY; and there is no intention of
COUNTY to transfer ownership of COUNTY GIS information. Distribution of
GIS Information and attributes on World Wide Web or Internet requires
Transportation Land Management Agency and County Assessor written
approval.
D. All copies of GIS information (regardless of format or medium) shall continue
to visibly contain the identifying marks or insignia of COUNTY and/or
COUNTY GIS. LICENSEE shall not transfer to any other person or entity any
of the information provided by COUNTY pursuant to this agreement.
E. LICENSEE acknowledges and agrees that GIS information is a valuable
proprietary product, embodying substantial creative efforts, trade secrets,
and confidential information and ideas. All GIS information and knowledge
of COUNTY GIS operations shall be treated as confidential by LICENSEE and
shall not be disclosed to any other person or entity without the prior written
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consent of COUNTY.
F. LICENSEE shall ensure that all of its representatives comply with all
COUNTY rules and regulations regarding County GIS. COUNTY shall provide
LICENSEE with notice of any new rules or regulations issued after the
execution of this agreement. All LICENSEE representatives with access to
COUNTY GIS shall cooperate fully with COUNTY. COUNTY and LICENSEE
will both qualify and/or approve in advance all LICENSEE representatives
who have or may have access to COUNTY GIS; and COUNTY may require
LICENSEE to discontinue the access to COUNTY GIS of any LICENSEE
representative who COUNTY reasonably believes may improperly use
COUNTY GIS or otherwise potentially cause damage to COUNTY GIS.
LICENSEE shall be solely responsible for the actions of its officers,
employees, agents, or other representatives with regard to the performance
of this agreement or the use of COUNTY GIS or COUNTY GIS information.
COUNTY reserves the right to approve security measures used by LICENSEE
to protect access to COUNTY GIS or GIS information. LICENSEE and its
officers, employees, agents or other representatives shall in no manner be
considered to be employees or agents of COUNTY.
G. LICENSEE agrees to indemnify and hold harmless COUNTY, its officers,
employees and agents from any and all liabilities, claims, actions, losses or
damages relating to or arising from LICENSEE's use of COUNTY GIS
information or COUNTY's services provided pursuant to this agreement.
H. COUNTY shall use its best efforts to perform pursuant to this agreement.
COUNTY makes no representation or guarantee regarding the response time
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for access to COUNTY GIS. COUNTY shall not be responsible for any delay
or failure of performance resulting from causes beyond its control.
I. GIS information cannot be used for all purposes; and GIS information may
not be complete for all purposes. Additional investigation or research by
LICENSEE into other sources may be required.
J. GIS information is intended only as an information base and is not intended
to replace any legal records. COUNTY has used and will continue to use its
best efforts to correctly input into COUNTY GIS the information contained in
various legal and other records; but COUNTY accepts no responsibility for
any conflict with actual legal records or for information not transferred from
legal records to COUNTY GIS.
K. COUNTY has attempted to update GIS information as often as is practically
feasible. However, LICENSEE should be aware that GIS information may not
be current and changes or additions to the information contained in
COUNTY GIS may not yet be reflected in COUNTY GIS.
L. COUNTY accepts no responsibility for the use of GIS information; and
COUNTY provides no warranty for the use of COUNTY GIS or COUNTY GIS
information by LICENSEE or for services provided by COUNTY other than as
explicitly stated in this agreement. THE WARRANTIES SPECIFICALLY SET
FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND
SUCH OTHER WARRANTIES ARE HEREBY EXCLUDED.
M. COUNTY's liability to LICENSEE for any damage incurred by LICENSEE
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related to this agreement shall be limited to the actual direct damage
incurred by LICENSEE not to exceed the fees paid by LICENSEE to COUNTY
pursuant to this agreement; and in no case shall COUNTY be liable to
LICENSEE for consequential damages.
N. LICENSEE agrees not to use the name of COUNTY GIS or COUNTY (with
regard to GIS), or a description of COUNTY GIS in any reference,
advertisement or publication without the prior written consent of COUNTY.
O. Any failure of COUNTY at any time to enforce the strict performance of the
terms or conditions of this agreement shall not constitute a waiver by
COUNTY of any subsequent or other breach of the same terms or
conditions.
P. LICENSEE shall be responsible for the payment (directly or by reimbursement
of COUNTY) of all taxes, if any, imposed upon LICENSEE or COUNTY
resulting from performance of this agreement.
Q. This agreement, including any attachments, constitutes the entire
agreement between the parties regarding COUNTY GIS; and no alteration or
modification of the terms of this agreement shall be valid unless contained
in a writing signed by both parties. This agreement may not be assigned
without the prior written consent of COUNTY.
R. The section headings contained in this agreement are used for convenience
only and shall not define or limit the scope of any provision.
S. If any provision of this agreement is held by a court of competent
jurisdiction to be invalid or unenforceable, then the remaining provisions of
the agreement shall continue in full force and effect.
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T. Any provision required to be included in this type of agreement by Federal or
State law shall be deemed to be incorporated into this agreement.
U. Any legal action regarding the performance or interpretation of this
agreement shall be filed in the appropriate court of the State of California
located in the County of Riverside.
V. LICENSEE acknowledges that access to Assessor Roll Property Information
contains limitations set forth by the Riverside County Assessors
Department. Public access to Assessor Roll Property Information will require
disabling the ability to search by Ownership Information. Items
conf_sell_price, ind_sell_price, and adt_sell-price from the Sales database
table are required to be blocked from public access as set by Assessors
Department. Charges for Assessor Roll Property Information are outlined in
Attachment A.
W. GIS Information and Assessor Roll Property Information can be distributed
by LICENSEE through the Intranet for internal use only. Distribution of GIS
Information and Assessor Roll Property Information by LICENSEE through
Internet is not allowed under the existing agreement. A new GIS Agreement
must be agreed upon prior to the distribution of GIS Information and
Assessor Roll Property Information through the Internet.
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City of La !Q(uuiinta
Dated: °/ Z? ZWi�
By:
Name and Title: Thomas P. Genovese, City Manager
County of Riverside
Dated: MA 1�/2 3 2000
ot
^Chairman, IToarffof Supervisors
TOM MULLEN
ATTEST:
GE LD A. MA A�EY, Clerk
B \j,
DEPUTY
10
FORM APPROVED
COUNTY COUNSEL
g vA m
- -
.1 .1►:�
MAY 2 3 2000 �? %�
Attachment A
Scope of Geographic Information System Services and Charges
A. Charges will be made at the following rates:
Annual Licensing Fee to GIS data: $5000.00
COUNTY will process the following ARC/INFO layers to deliver to LICENSEE
in Arc/Info coverage file format:
All available GIS layers in the area bounded by the city of La Quinta
and its sphere of influence
B. A work order for direct charging to LICENSEE of COUNTY staff time for
purposes of downloading data or providing technical assistance will be
assigned for all time spent (if needed) directly working for LICENSEE. These
charges are in addition to the yearly subscription cost. Staff costs will be
charged through the COUNTY's Transportation and Land Management
Agency using specific work orders developed for each cost center used by
the staff. Staff time will be calculated using the hourly rate defined in
County Ordinance 671 and 457.
C. COUNTY shall submit a quarterly invoice to LICENSEE's accounts payable
section. Invoice shall include COUNTY's mailing address, LICENSEE name
and agreement number, and the beginning and ending billing dates.
COUNTY's invoices shall include the following information:
a) The maximum amount payable, a summary of costs for the current
invoice, amount due for this invoice, and total amount previously
invoiced.
b) All labor charges shall be itemized by employee name, classification,
corresponding hourly rate, hours worked, description of each labor
charge, and total amount due for labor charges.
D. COUNTY shall be responsible for ensuring accuracy and propriety of all
billings and shall maintain all supporting documentation. LICENSEE will have
the right to audit COUNTY's invoices and all supporting documentation for
purposes of compliance with this agreement for a period of three years
following the completion of services under this agreement.
E. LICENSEE will provide its own workstation(s) with ESRI's Arc/Info software.
F. LICENSEE will be provided with one or more exclusive usernames and
passwords by COUNTY. LICENSEE shall protect the terminals, passwords,
network and information for unauthorized access. LICENSEE shall maintain
the security necessary to insure there are no misuses of information or
unauthorized intrusion into the COUNTY system. If an unauthorized
intrusion or misuse of information is discovered by COUNTY, it may result in
A -I
immediate termination of access by LICENSEE and COUNTY may seek
appropriate administrative, civil or criminal remedies.
A -II
Attachment B
Certification of Destruction and/or Return of GIS Information
In accordance with the agreement between the County of Riverside
("COUNTY") and the City of La Quinta ("LICENSEE") for the use of GIS
information, the undersigned represents and declares that all copies (regardless of
medium or format) of the GIS information, including but not limited to GIS
information extracted and/or modified from COUNTY GIS information, provided to,
made or obtained by LICENSEE pursuant to this agreement have been destroyed and
the original copies have been returned to COUNTY.
LICENSEE
Dated:
By:
Name (Printed):
Title: