Mou/Moa - 2004 - Base Map/Geopatial Data 2004 - 7/24/2004
MEMORANDUM OF UNDERSTANDING
Among
ADA COUNTY, LOCAL GOVERNMENTS, PUBLIC UTILITIES, AND OTHER
PUBLIC AND PRIV ATE ENTITIES
For the
PRODUCTION, DISTRIBUTION, AND SHARING OF BASE MAP AND OTHER
GEOSPATIAL DATA
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into between
the signatories hereto.
WHEREAS, the County of Ada, a political subdivision of the State of Idaho ("County")
recognizes that advances in computer technology have made the use of digital, computerized
mapping a highly valuable tool to support public and private sector programs and that geographic
information systems ("GIS") are an increasingly important analytical tool to support economic
development, track trends, and improve productivity; and
WHEREAS, the County owns and maintains an automated base map which assembles
current planimetric and parcel data in digital form together with accompanying map-related data
such as bodies of water, street centerlines, corporate city limits, and other features; and
WHEREAS, the County recognizes the benefits of cooperatively sharing this base map
with other agencies, in terms of recovering costs associated with delivering the base map and in
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terms of economies of scale accomplished when public and private sector entities build their
mapping programs on the same base map data; and
WHEREAS, the cooperating signatories also recognize the benefits of this cooperative
effort, support the policies set forth herein, and would like to participate in the continued
development and sharing of the base map and associated GIS technology;
NOW THEREFORE, the parties agree to the following:
"
I.
DEFINITIONS
A. "Advisory Board". The Ada County Geographic Information System Advisory
Board consists of one representative recommended by each Cooperator and appointed by the Board
of Ada County Commissioners. The Advisory Board advises the Board of Ada County
Commissioners on computer mapping, GIS, aerial imagery, and other data creation, maintenance,
and dissemination issues.
B. "Ada County GIS Advisory Board Policv Manual". The policy manual adopted
by Ada County Geographic Information System Advisory Board in December of 1998, and any
subsequent revisions to the policy manual.
C. "Base Map". The digital cadastral land base, planimetric features, and associated
data owned and maintained by the County with features that include, but are not limited to, parcel
polygons (the "S coverages"), road feature lines (the "T coverages"); water feature lines (the "W
coverages"), city limits (the "ACLIMITS coverage"), and street centerlines (the "ADACTL
coverage").
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D. "Base Map Updates". Changes to the Base Map due to information recorded with
the County and other modifications which may be made in the Base Map from time to time and
which are made available to the Cooperator on a regular basis.
E. "Cooperator". A governmental entity, public utility, firm, or corporation which
signs this agreement and pays a $100 fee for each data delivery. Cooperators are divided into two
categories depending upon their payment of fees for either monthly, or bi-monthly deliveries of
Base Map data. "Twice-Monthly Cooperators" are those entities that pay fees based on bi-monthly
deliveries of Base Map data. "Monthly Cooperators" are those entities that pay a fee for monthl~
deliveries of Base Map data. Unless otherwise provided, the term "Cooperators" shall refer to both
Twice-Monthly Cooperators and Monthly Cooperators.
F. "Special Interest Group". An advisory committee open to all persons interested in
the Base Map, which provides technical advice to the Advisory Board.
II.
DUTIES OF THE COUNTY
A. Base Map Distribution. The County shall deliver data on eight (8) millimeter
magnetic tape cassettes, a CD-ROM, or on some other form of media mutually acceptable to the
parties. The data shall be in ESRl coverage, shapefile, or other format agreed upon by the County
and Cooperators.
B. Maintenance Methods. Maintenance methods shall be determined by the County
with recommendation from Cooperators. The County shall make reasonable efforts to maintain the
accuracy and quality of the Base Map using maintenance procedures that, as closely as possible,
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preserve the coordinate geometry characteristics and map projection built into the original Base
Map structure.
C. Maintenance Schedule. The County shall maintain the Base Map in a timely
manner using appropriate records and information derived from the County, from Cooperators, and
from other sources. Except for circumstances beyond the control of the County or for the entry of
data which would compromise the accuracy of the Base Map, the County shall update the Base Map
with data from documents recorded with the Ada County Recorder's Office within twenty (20)
working days after the day the information is recorded with the County, or in the case of data from
outside sources, within twenty (20) working days from the day the information is received by the
County. Said updates will be available to Cooperator on the next regular distribution of updates as
provided below.
D. Distribution of Updates.
1. The County shall provide updates in the following manner.
a. Twice-monthly Cooperators will receive coverage format data two (2)
times monthly on the second and last Wednesday of the month, or on a
schedule mutually agreed to in writing by the parties to this MOD.
b. Monthly Cooperators will receive shapefile format data on the day
following the last Wednesday of each month.
2. The County shall include with each update to Cooperators a list of PLSS
("Public Land Survey Systems") sections affected, and a list of subdivisions for which Base Map
updates have been processed since the last update was distributed. Upon the recommendation of the
Advisory Board, the County reserves the right to change data formats.
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E. Correction of Errors. The County shall make reasonable efforts to verify and
correct errors in the data within twenty-one (21) calendar days of notification by any Cooperator,
or discovery by the County. The County shall return completed error correction reports to
Cooperators upon delivery of the corrected data.
F. County Contact. The County shall name a primary contact for implementation of
this Agreement, and to notify Cooperators within 14 calendar days of any change. Initially, this
contact shall be Sheldon Bluestein, Ada County Assessor's Office Land Records Supervisor.
..
III.
RIGHTS, PRIVILEGES, AND DUTIES OF COOPERATORS
A. Fee Review. Cooperators will have the opportunity to participate with the County in
periodic reviews and determinations of Cooperator fees.
B. Advisory Board. Cooperator will have the opportunity to participate with the
County and other Cooperators in an advisory role through its representation on the Advisory Board.
The duties of the Advisory Board are defined in the Ada County GIS Advisory Board Policy
Manual and include providing recommendations to the Board of Ada County Commissioners
regarding future directions for the Base Map, compatible data development, development of Base
Map data, data maintenance methods, and other policy matters related to the Base Map.
C. Special Interest Group. Cooperators will have the opportunity to participate
regularly in Special Interest Group meetings.
D. Base Map Use. Cooperators may use the Base Map in paper or digital form for any
purposes which they deem necessary.
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E. ~. Cooperators shall pay a fee in the amount of One Hundred Dollars and
Noll 00 ($100.00) for each data delivery, in one annual payment, within thirty (30) days of receipt
of the County's invoice for the same. Upon the recommendation of the Advisory Board, the County
reserves the right to raise fees upon written notice to Cooperator. The County may raise fees only
once a year unless the parties to this Agreement agree otherwise in writing. The fees charged to
Cooperators shall not exceed the actual cost of development, maintenance and dissemination of the
computerized mapping system as provided by section 31-875 of the Idaho Code.
F. Distribution of Base Map Updates. Cooperator shall provide the medium onto
which the County shall copy updates of the Base Map.
G. Base Map Corrections. Cooperators shall within a reasonable time of discovery,
inform the County of any errors discovered in the Base Map. Cooperators shall document such
errors on a report form contained in the Ada County GIS Advisory Board Policy Manual.
H. Cooperator Contact. Each Cooperator shall name a primary contact with the
County for implementation of this MOU, and to be Cooperator's primary representative to the
Advisory Board.
I. Data Development. Cooperators shall work cooperatively with the County in
providing and sharing data compatible to the Base Map, which enhances its value and supports its
maintenance.
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IV.
GENERAL PROVISIONS
A. Term. The County may, solely at its option, and when and if it duly budgets and
appropriates funds therefore from revenues legally available to it for the ensuing fiscal year,
renew this Agreement for additional annual Renewal Terms. Each annual renewal of this
Agreement shall be deemed to be exercised by the County upon the adoption by September 15 of
any year, of a budget for the ensuing fiscal year, duly budgeting and appropriating the amount of
money required to continue the County's Base Map effort. Within ten (10) days following the
adoption of a budget duly budgeting and appropriating said funds for the ensuing year, County
shall deliver to the cooperating signatories a written statement certifying that it has duly
budgeted and appropriated said funds for the ensuing year. Each Renewal Term shall commence
on October 1 of the fiscal year following adoption of the budget as provided hereinabove and
shall terminate on September 30 of the following calendar year.
B. Indemnification. Cooperators shall hold the County, its officers, agents, and
employees harmless from and against any and all claims of liability arising out of any inaccuracies
or errors in any mapping layers created by the County for use by Cooperator or claims arising out of
Cooperator's use of said mapping layers.
C. Failure to Perform. The parties recognize that failure on the part of the County
to meet the maintenance schedule obligations under this MOU may occur. Such failure may be
due either to circumstances beyond the reasonable control of the County or to circumstances
reasonably under the control of the County. In the latter case, the County shall forfeit a part of
a payment based on the proportion of a scheduled update not provided to Cooperators in a
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timely manner. However, in no event, shall the County be held liable to Cooperators for
damages, either direct or consequential, or for damages occasioned by loss of use, arising from
its failure to perform under the terms of this MOD.
D. Termination. Except in the event of non-appropriation of funds, this MOU may be
terminated by the County or any Cooperator for any reason upon sixty (60) days prior written notice
with or without cause. In the event that the County does not appropriate funds to continue the
County's Base Map effort, the County may terminate this Agreement upon ten (10) days written
notice to the Cooperator following the adoption of the budget for the ensuing year. Upon
termination by the County, Cooperators shall be allowed to retain and own a current copy of the
Base Map.
E. Other A~reements. This Agreement embodies the whole agreement of the parties.
No prior or contemporaneous agreement between the County and Cooperator, or any third party,
shall be incorporated into this Agreement, including any agreement between Cooperator and any
other Base Map data provider, past or future.
F. Resolution of Disputes. Any disputes pursuant to this MOD, which cannot be
resolved by negotiation between the parties, shall be decided under Idaho law with venue in the
Fourth Judicial District, Ada County, Idaho. In the event of such litigation, the prevailing party
shall be entitled to reasonable attorney fees.
G. Savin~s Clause. In the event that, for any reason, any provision of this MOD is
found to be unenforceable, the remaining provisions of this MOU shall continue in full force and
effect.
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H. Authority. The parties warrant that the signatories have the authority to bind
each party whether the party be a public entity or private person, finn, or corporation.
1. List of Shmatories. A list of signatories to this MOU may be obtained at the Ada
County Assessor's Office, or may be viewed online through the Land Records section of the
Assessor's web site, www.adacountvassessor.org.
IN WITNESS WHEREOF, the participating parties have executed this MOD.
Board of Ada County Commissioners
"
By:
Judy M. Peavey-Derr, Chairman
By:
Rick Yzaguirre, Commissioner
By:
Fred Tilman, Commissioner
ATTEST:
J. David Navarro, Ada County Clerk
Cooperator
By:
7-& c/ - Ei ()c//()5
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