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HomeMy WebLinkAbout10242RESOLUTION NO. 10242 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND PUEBLO COUNTY, COLORADO RELATING TO SHARING OF DIGITAL GIS AERIAL PHOTOGRAPHY DATA BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 _ The Intergovernmental Agreement dated October 25, 2004 between the City of Pueblo, a Municipal Corporation ( "City ") and Pueblo County ( "County ") relating to County furnishing to City digital aerial photography data, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is authorized to execute and deliver the Intergovernmental Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED October 25, 2004 BY Robert D. Schilling Councilperson /0"o - A 102 42- Background Paper for Proposed RESOLUTION AGENDA ITEM # a DATE: OCTOBER 25, 2004 DEPARTMENT: INFORMATION TECHNOLOGY DIRECTOR - JOHN WILKINSON TITLE A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND PUEBLO COUNTY, COLORADO RELATING TO SHARING OF DIGITAL GIS AERIAL PHOTOGRAPHY DATA ISSUE Should Council approve an intergovernmental agreement to acquire GIS aerial photography from Pueblo County. RECOMMENDATION Approval of this Resolution BACKGROUND The Agreement is to establish the framework by which Pueblo County will provide aerial photography for use by city employees. This photography consists of an aerial view of the entire city. The city will incorporate this photography into the computerized map capability of its geographic information system (GIS). Although the city's GIS currently has such photography, it dates back to spring of 2001, and thus does not reflect any changes of the past three and one -half years. Pueblo County seeks no monetary compensation for the use of this resource. FINANCIAL IMPACT As Pueblo County is willing to enter this agreement without monetary consideration from the City, there would be no negative financial impact from this agreement. O��er This agreement (the "Agreement") is made this � day of 3�y, 2004, by and between the City of Pueblo ( "City") and Pueblo County, with offices at 215 W. 10 St, Pueblo, Colorado ("County"). Whereas, County has certain information pertinent to the continuation of City's Geographic Information System (GIS); and Whereas, County has converted land data to computer readable form on its GIS system; and Whereas, Sections 18(2 )(a) and (b) of Article XIV of the Colorado Constitution, and C.R.S. §29 -1 -203, authorizes governments to contract and cooperate with one another, and Whereas, City has determined that portions of the County's database, as herein described in paragraph 1, may be economically used by City in conjunction with its operations, and City desires to obtain the right to use the County's database for such purposes; and Whereas, County is willing to provide City certain rights to use the County's database for the consideration set forth herein. Now, Therefore in consideration of the promises and mutual covenants contained herein, County agrees to provide City with digital data, allowing City rights to utilize the described GIS data on the following terms and conditions: 1. The digital data within the City's territorial boundaries (the "Data") shall be furnished to City. The Data will be made available to City on DVD, and shall contain all of the information as described below. 2004 1 -foot resolution color aerial photography within the limits of the City of Pueblo in TIF format. 2004 2 -foot resolution color- infrared aerial photography within the limits of the City of Pueblo in TIF format. • 2004 2 -foot contour data within the limits of the City of Pueblo in ESRI ArcGIS 8.3 Personal Geodatabase format 2. The County contends that the total dollar value of the data provided by County equals approximately $125,000.00. Nevertheless, the County will supply this data to the City free of charge, in an effort to work together with the City to improve the living conditions of the citizens of Pueblo. The County GIS staff will provide up to two (2) hours of consulting time without charge in order for the City and/or any consultant hired by the City to better understand the data. Should there be a need for additional consulting by County GIS beyond two (2) hours, the County reserves that right to bill the City for the additional consulting at a rate of $27.50 per hour. If billing for additional consulting is made, City agrees to promptly pay such bill. 3. County shall timely ship Data layers so that the City receives it no later than fifteen (15) days from the date of execution of this Agreement. Should the Data provided by the County not be in the format provided in this Agreement, the City shall notify County of the deficiency. County shall have thirty (30) days from such notice to cure any such deficiency to the satisfaction of the City's representative. If County is unable to cure the deficiencies, City shall return to County the original DVDs supplied to the City. After the receipt of the DVDs, both parties are thereafter free from any further obligation under this Agreement and this Agreement shall be terminated. The County warrants it has the right to give the Data to the City as provided in this Agreement. 4. This Agreement does not constitute a sale of any title or interest in the Product. Title to the Product is not transferred to City. Ownership of the Product and of any authorized copies made by City is vested in County, subject to the rights granted to City in this Agreement. The County reserves all rights not expressly granted to the City by this Agreement. 5. City understands this is a one -time delivery and that the County has no responsibility for updating the Product or information contained therein; however, City may receive any update created by County upon request. County shall have no obligation or responsibility to provide maintenance, support or training to City. 6. City agrees to recognize and honor in perpetuity the copyrights, and other proprietary claims for survey control information, databases, collateral information, and products established or produced by County or the vendors furnishing said items to County. 7. The City and its affiliates and agents are unrestricted as to the use of the Data, except that, the City may not make the Data available to third parties in computer readable form, except as provided herein. The City may make backup copies for its own use. County reserves the right to reproduce and make available to others the Data as the demand therefore may arise. The City may, in connection with conducting City business, make available to 2 affiliated companies and third parties, the Data, in computer readable form. If the City does make available to a third party or organization including organizations established by City charter, any part of the Data in computer readable form under the conditions above, the City must secure an agreement with the third party restricting sale and distribution of the Data by the third party prior to making data available. The County must approve all such agreements, and shall receive a copy of the agreement a minim of fifteen (15) days in advance of the execution of an agreement. 8. The Data rights acquired by City under this contract are trade secrets, privileged information and confidential commercial data, and are furnished by the County with the understanding that the same shall not be disclosed in any manner to any third party except as provided in this Agreement. 9. The parties hereto agree that this Agreement shall be governed according to the laws of the State of Colorado. 10. This Agreement shall inure to the benefit of and be binding upon the successors of the parties hereto. 11. City expressly agrees that City's use of the Product is at City's sole risk and undertaking. City understands and acknowledges that the GIS database and data in the Product is subject to constant change and that its accuracy and completeness cannot be and is not guaranteed. THE PRODUCT IS DISTRIBUTED ON AN "AS IS" BASIS. COUNTY MAKES NO WARRANTIES OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, AS TO THE COMPLETENESS, ACCURACY, OR CORRECTNESS OF SUCH PRODUCT, NOR ACCEPTS ANY LIABLILITY, ARISING FROM ANY INCORRECT, INCOMPLETE OR MISLEADING INFORMATION CONTAINED THEREIN. THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, OF TITLE OR MERCHANTABILITY OR FITNESS OF SUCH PRODUCT FOR A PARTICULAR PURPOSE. COUNTY IS NOT RESPONSIBLE AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF USE OF THE PRODUCT OR INABILITY TO USE THE PRODUCT OR OUT OF ANY BREACH OF ANY WARRANTY. CITY AGREES THAT THE PRODUCT SHALL BE USED AND RELIED UPON ONLY AT THE RISK OF CITY. NOTWITHSTANDING THE ABOVE, IF LIABILITY CAN BE IMPOSED UPON COUNTY, CITY AGREES THAT COUNTY'S 3 AGGREGATE LIABILITY FOR ANY AND ALL LOSSES OR INJURIES TO CITY, ARISING OUT OF ANYTHING TO BE DONE OR FURNISHED HEREUNDER, REGARDLESS OF THE CAUSE OF THE LOSS OF INJURY AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NEVER EXCEED THE DOLLAR AMOUNT RECEIVED BY COUNTY UNDER THIS LEASE AGREEMENT, AND CITY COVENANTS AND PROMISES THAT IT WILL NOT SUE COUNTY FOR A GREATER AMOUNT. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO WAIVE OR LIMIT ANY RIGHT OR DEFENSE AVAILABLE TO COUNTY UNDER THE "COLORADO GOVERNMENTAL IMMUNITY ACT" OR ANY SIMILAR OR RELATED STATUTORY PROVISION. 12. Neither this Agreement nor the rights granted by it shall be assigned or transferred by the City under any circumstances whatsoever. This restriction on assignments and transfers shall apply to assignments or transfers by operation of law, as well as by contract, merger, or consolidation. Any attempted assignment or transfer in derogation of this prohibition is void. 13. This Agreement contains no financial commitments on the part of the County. 14. Nothing contained herein shall imply an employer /employee relationship, a joint venture, partnership, or other association between County and City. . IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year first above written. ATTEST: W SO � . �7 i CITY OF PUEBLO, COLORADO BY Preside t-of the City Council ATTEST: BY Count' Clerk and Recur PUEBLO COUNTY, COLORADO BY i ' Board . n