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HomeMy WebLinkAbout8.3 Spatial Datasharing CITY CLERK File# 0600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 18, 2003 SUBJECT: Proposed Memorandum of Agreement (MOA) for Spatial Datasharing between the City of Dublin, Town of Danville, City of Livermore, City of Pleasanton, and the Th-Valley Business Council Report Prepared by: Tim Eisler, GIS Coordinator ATTACHMENTS: Resolution approving Memorandum of Agreement, along with Draft Memorandum of Agreement RECOMMENDATION: FINANCIAL STATEMENT: Adopt the proposed resolution approving a Memorandum of Agreement for Spatial Datasharing between the City of Dublin, Town of Danville, City of Livermore, City of Pleasanton, and the Th-Valley Business Council None. DESCRIPTION: In 1999, the Th-Valley Business Council developed a draft analysis of the Tri-Valley's regional Geographic Information Systems (GIS) needs. As a result of that analysis, representatives from local public agencies formed the Th-Valley Regional Geographic Information Systems User Group (TVRGIS User Group) to address the possible coordination of the use of spatial data (defined as parcel basemap, centerlines, public trails, drainage, ortho-photography, and general plan land use) for local and regional planning, management, and public safety purposes, and to operate as a clearinghouse for the region's spatial data. To facilitate the exchange of regional Geographic Information Systems (GIS) data, the Tri-Valley Business Council (TVBC) retained a consultant to work with the local jurisdictions to create a mechanism whereby data can be shared. The proposed Memorandum of Agreement (MOA) for Spatial Datasharing would facilitate and encourage the exchange of, and access to, the parties' spatial data. The proposed MOA calls for the City of Pleasanton to develop the Host Server and act as the Host Site on behalf of all of the parties. Each party to the agreement retains ownership to its own spatial data, and thai no party can modify any spatial data other than its own. The proposed MOA also limits the ability to'share the data with any third party users. There will be no annual cost to the City to participate in this MOA. Upon agreement by all parties to the proposed MOA, the Host Site could be operational by the end of December 2003. COPIES TO: ITEM NO. V:\Documents\Tri-Valley Data Sharing\Staff Report\agenda statement - TVRGIS MOA 200311.doc Staff believes that land use planning, economic development, infrastructure planning, watershed' run-off analysis, traffic planning and analysis, recreation planning, and disaster preparedness all reqUire knowledge of adjoining lands. Much of the City's own GIS data stops at the City border, making it difficult to show how the City interacts with the region's developing communities. Staff feels that the ability to share data and participate in a regional GIS will greatly facilitate the efforts by the City's own GIS program to aid in the City's decision making processes and produce better cartographic products. RECOMMENDATION: Staffrecommends that the City Council adopt the proposed resolution approving a Memorandum of Agreement for Spatial Datasharing between the City of Dublin, Town of Danville, City of Livermore, City of Pleasanton, and the Th-Valley Business Council. RESOLUTION NO. - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A MEMORANDUM OF AGREEMENT (MOA) FOR SPATIAL DATASHARING BETWEEN THE CITY OF DUBLIN, TOWN OF DANVILLE, CITY OF LIVERMORE, CITY OF PLEASANTON, AND THE TRI-¥ALLEY BUSINESS COUNCIL WHEREAS; the City of Dublin desires to participat'e in the sharing of spatial data with surrounding local jurisdictions; and WHEREAS; the Memorandum of Agreement (MOA) provides a mechanism to share spatial data to assist the City of Dublin in planning, management, and public safety; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager to execute a Memorandum of Agreement, hereto attached as Exhibit "A", with the Town of Danville, City of Livermore, City of Pleasanton, and the Th-Valley Business Council for the purpose of Spatial Data sharing. PASSED, APPROVED AND ADOPTED this 18th day of November 2003. AYE S: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk V: ID~ocumentslTri- Valley Data SharinglStaff ReportlFORM-resoO3. doc MEMORANDUM OF AGREEMENT FOR SPATIAL DATASHARING This Memorandum of Agreement is entered into by and between the Town of Danville, a municipal corporation; the City of Dublin, a municipal corporation; the City of Livermore, a municipal cOrporation; the City of Pleasanton, a mUnicipal corporation; and Tri-Valley Business Council, a California not-for-profit 501 (c)(6) organization ("Parties") on this day of ,2003. RECITALS WHEREAS, in 1999, the Tri-Valley Business Council developed a draft analysis of regional GIS needs and thereafter assisted local public agencies in the formation of the Tri-Valley Regional Geographic Information System User Group ("TVRGIS User Group") to address issues surrounding Spatial Data sharing, to coordinate the use of Spatial Data for local and regional planning, management and public safety purposes, and to operate as a clearinghouse for the Parties' Spatial Data. WHEREAS, the TVRGIS User Group consists of GIS coordinators from the Town of Danville, City of Dublin, City of Livermore, and City of Pleasanton. WHEREAS, Parties have developed and currently use Spatial Data and other information technology in planning, management and public safety, and have regular and on-going needs to access other Parties' Spatial Data for planning, management and public safety purposes; and WHEREAS, there is significant overlap in the types and sources of Spatial Data which each Party needs and/or utilizes for planning, management, and public safety purposes; WHEREAS, the acquisition of data from other agencies or Parties can be costly and time- consuming, and there are often administrative, organizational and technical barriers that have prevented data sharing amongst agencies. WHEREAS, the sharing of data and the development and use of a Host Server to share data will permit the Parties to accomplish the above-stated goals timely, more efficiently and at a lower cost; NOW, THEREFORE, the Parties agree to a cooPerative process, as set forth in this Agreement, for the sharing of Spatial Data about the Tri-Valley. TVRGIS MOA 11/7/03 Section 1. Definitions. A. "Data Dictionary" shall mean a written description of each field (or column or data entry) in a database including the field title or name, a narrative of the information that is included in the field, an identification of the field's type (such as alpha, numeric, alphanumeric, yes/no, or other type), field length if any, and an identification and explanation of all codes to be used in the field. B. "Host Site" shall mean the organization that manages the Host Server. C. "Metadata" shall mean a written desCription of each data file, composed in such a way as to comply with the Federal Geographic Data Committee Metadata Standard, established through the Office of Management and Budget in its 1990 revision of Circular A-16, "Coordination of Surveying, Mapping and Related Spatial Data Activities". Information includes an abstract or brief description of the file's contents, a statement of the purpose for which the file was created, the date and format of the file, plans for updating the file, contacts for content and data distribution, and key words that can be used to search for Similar information. D. "Host Server" shall mean the hardware and software that hosts the Spatial Data. E. "Spatial Data" shall mean any data having some relationship to a location or locations on the earth, including, but not limited to, parcels, geographic features, addresses, grids, tables, images, CAD drawings, zoning, and census data. Section 2. Sharing and Registration of Existing and Future Spatial Data Host Site and Host Server. The City of Pleasanton shall develop a Host Server and act as the Host Site, on behalf of the Parties, for all existing and future Spatial Data provided by the Parties pursuant to this Agreement. All references to the Host Site in this Agreement shall mean the City of Pleasanton. Bo Sharing, Distribution and Update of Spatial Data. Each Party shall make aVailable to the other Parties through the Host Site the following Spatial Data of the Party's respective jurisdiction: 2. 3. 4. 5. 6. 7. parcel basemap; centerlines; public trails; drainage; ortho-photography (imagery); general plan land use; and other data as agreed upon by the User Group. The use and distribution of such Spatial Data is subject to section D below. TVRGIS MOA 11/7/03 2 Bo Each Party shall make available to the Host Site through a secure connection all updates of existing Spatial Data as they are developed or refined. Each Party understands that the Host Server shall make the Spatial Data enumerated above available for distribution to the other Parties. As each Party develops or refines Spatial Data, the Party shall provide the Host Site the updated Spatial Data and data dictionary that includes the status of all of the Party's Spatial Data. The Host Site shall endeavor to maintain a current index of all Spatial Data provided to it. To the extent possible, Spatial Data shall be held in common registration to facilitate the transfer of information between the Parties. The Parties shall endeavor to specify a common registration. Transaction Costs and Fees. The Parties shall not pay any fees for the acquisition or use of the Spatial Data, other than costs associated with the copying of data. Restrictions on Use. Each Party is the rightful owner of its Spatial Data. This Agreement does not constitute the transfer or sale of any title or interest in each Party's Spatial Data. No Party shall modify any Spatial Data other than its own. No Party shall use the Spatial Data obtained pursuant to this Agreement other than solely for its own purpose. No Party shall provide to any third party any Spatial Data of other Parties to this Agreement, unless that Party has received prior written authorization from the Party that owns the Spatial Data. No provision of this Agreement is intended to limit the application of licenses, proprietary ownership cost sharing agreements, the Public Records Act, the Freedom of Information Act, or any other applicable law. Warranties. Each Party shall accept Spatial Data from all other Parties in an "as is" format. The Parties acknowledge that the Spatial Data is complex and time sensitive and that they may contain non-conformities, defects, errors, or omissions. The Parties make no warranty whatsoever, whether expressed or implied, as to the accuracy, completeness, value, quality, legality, validity, title, merchantability, suitability, condition, or fitness for a particular purpose of the Spatial Data or any programming used to obtain or store the data, nor as to whether the Spatial Data is error-free, up-to-date, complete, based upon accurate or meaningful facts, free from computer viruses, or that non-conformities, defects, errors or omissions shall be detected or corrected. A disclaimer, as specified in Appendix A, attached hereto and incorporated herein, shall be included on the Host Site and shall include attributions pursuant to Section G below. TVRGIS MOA 11/7/03 3 Hold Harmless. a. General. Each Party to this Agreement shall hold harmless every other Party to this Agreement. No Party shall be liable to any other Party for damage to information or equipment which results from the transfer of data from one medium to another or by the inadequacy of any Spatial Data or any other deficiency of the systems, by any delay or failure to provide any service, or by any other deficiency of the data or systems, or by any other interruption, disruption or loss of user operations, or for any other injury or damage caused as a result of this Agreement. Any third party using the Spatial Data shall agree in writing to hold harmless, indemnify and defend all Parties to this Agreement from any and all liability, losses, or damages and claims for such, including costs, expenses and attorney's fees, incUrred in connection therewith, to pay to defend, settle or satisfy a judgrnent on a claim by an person on account of the death or injury of any person and/or damage to any property arising out of this Agreement, including but not limited to the third party's use of the Spatial Data. b. Host Site. The Host Site shall not be liable for any actions or omissions, including, but not limited to, the storage of data on the Host Server, the collection of data, the use of the data, access to data, security measures for any Party's information systems, downtime or any other impact on any Party's system, or data corruption or revision. Attribution. Any authorized use of information derived or generated from Spatial Data provided pursuant to this Agreement in any work product shall acknowledge the appropriate Party to this Agreement, or any amendment, as the source and shall include any qualification deemed appropriate given the specific data quality and application of the derived information and the disclaimer, as specified in Appendix A. Data Transfer Format. The Spatial Data shall be prepared in a format acceptable to the User Group. Section 3. Documentation: Metadata and Data Dictionaries Each Party shall make available to the other Parties the Metadata and Data Dictionaries necessary for the effective use of the shared Spatial Data. All Parties shall coordinate through the TVRGIS User Group to use the Metadata standard adopted by the Federal Geographic Data Committee and made available through the Califomia Resources Agency's California Environmental Resources Evaluation System ("CERES") Metadata Management Tool at http://ceres.ca.gov. All Parties agree to abide by these standards in the development of Spatial Data to the extent possible. TVRGIS MOA 11/7/03 4 Section 4. Tri-Valley Regional GIS User Group Each Party shall designate one GIS staff member and one alternate to serve on the TVRGIS User Group. The TVRGIS User Group shall meet on at least a quarterly basis to accomplish the following: 1. apply and adjust as necessary existing standards for documentation, data formats, geographic accuracy, updating and database design; 2. facilitate the transfer of Spatial Data among the Parties; 3. inform the Parties of new data development activities on the part of any Party; 4. coordinate training opportunities; and 5. set priorities for, and design, future data collection and development activities. Section 5. Spatial Data Development The Parties may jointly develop new Spatial Data. Development of new Spatial Data shall be determined through a cooperative process, such as a workshop, conference, or any other similar forum that invites the input of interested third parties. No Party shall be required to participate in the development of any Spatial Data: Section 6. Host Site Maintenance and Access. The Host Site shall manage, control and have final authority over the Host Server. On an annual basis, or more frequently if the Host Site chooses, the Host Site may evaluate its desire and ability to host the Host Server. The Host Site shall have the right, for any reason, to temporarily Suspend, limit, or permanently stop hosting, providing, maintaining, repairing, replacing any necessary component of the Host Server, or allowing access to the Host Server. Should suspension, limitation, or cessation be necessary, except in the case of an emergency, the Host Site shall endeavor to provide the other Parties sixty (60) days prior notice in writing. The Host Site shall endeavor to prOvide notice to the other Parties of the Host Site's maintenance, repair, replacement and other activities relating to the Host Server's operation if such activities could disrupt the sharing of Spatial Data through the Host Server. The Host Site shall not be obligated to staff, repair, upgrade or replace the Host Site, Host Server, or any other equipment or software associated with the Host Site. Only Parties may access the Host Server. No Party shall alter, defeat or circumvent security features associated with the Host Server or other Parties' sites. TVRGIS MOd 11/7/03 5 Section 7. Terms of Agreement Ao Any Party may withdraw from this Agreement by providing the other Parties with at least sixty (60) days notice of its intent to withdraw. Bo In light of their common interests in sharing Spatial Data for planning, management, and public safety, the Parties desire for other public entities to also become Parties to this Agreement. Another entity may become a Party to this Agreement by (i) passing a resolution of its governing body by which it agrees to all the terms of this Agreement, (ii) executing the Signature Page for Additional Parties, attached hereto, and (iii) providing notice of these actions pursuant to subsection C below. Upon satisfaction of these respective three conditions, such other entity shall become a Party effective sixty (60) days after giving notice, unless the then-current Parties and the new Party agree in writing to a shorter waiting period. Co Notice. Any notice required or provided for under this Agreement shall be given in writing and sent by ordinary mail to the following addresses and the addresses included in the signature page for any additional parties: TRI-VALLEY BUSINESS COUNCIL: President Th-Valley Business Council P.O. Box 3258 Livermore, CA 94551-3258 TOWN OF DANVILLE: Town Manager Town of Danville 510 La Gonda Way Danville, CA 94526-1742 CITY OF DUBLIN: City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 CITY OF LIVERMORE: City Manager City of Livermore 1052 S. Livermore Ave. Livermore, CA 94550 CITY OF PLEASANTON: City Manager City of Pleasanton P.O. Box 520 Pleasanton, CA 94566 TVRGIS MOA 11/7/03 6 Do This Agreement shall be amended in Writing. The User Group shall strive to operate by consensus on all matters delegated to the User Group by this agreement. In the event that the User Group is unable to reach consensus on a particular matter within its purview, the User Group may take action only if members of the User Group representing two-thirds of the parties agree. TRI-VALLEY BUSINESS COUNCIL By: Its: TOWN OF DANVILLE By: Its: CITY OF DUBLIN APPROVED AS TO FORM: By: Its: City Attorney CITY OF LIVERMORE By: Its: TVRGIS MOA 11/7/03 7 CITY OF PLEASANTON By: Its: TVRGIS MOA 11/7/03 8 Memorandum of Agreement for Spatial Datasharing Signature Page for Additional Parties NAME OF ENTITY: By: Its: MAILING ADDRESS Street/P.O. Box: City, State, Zip Code: TELEPHONE: TVRGIS MOA 11/7/03 9 Appendix A SPATIAL DATA DISCLAIMER Spatial Data is complex and time sensitive and may contain non-conformities, defects, errors, or omissions. The Town of Danville, City of Dublin, City of Livermore, City of ' Pleasanton, Th-Valley Business Council, and future parties to the Memorandum of Agreement for Geographical Information System Data Sharing ("Parties") make no warranty whatsoever, whether expressed or implied, as to the accuracy, completeness, value, quality, legality, validity, title, merchantability, suitability, condition, or fitness for a particular purpose of the Spatial Data or any programming used to obtain or store the data, nor as to whether the Spatial Data is error-free, up-to-date, complete, based upon accurate or meaningful facts, free from computer viruses, or that non-conformities, defectS, errors or omissions shall be detected or corrected. The Spatial Data is provided "as is", and in no event shall the Parties be held liable for damages resulting from the use of the data, damage to information or equipment which results from the transfer of data from one medium to another, the inadequacy of any Spatial Data or any other deficiency of the systems, any delay or failure to provide any service, any other deficiency of the data or systems, or any other interruption, disruption or loss of user operations. TVRGIS MOA 11/7/03 10