HomeMy WebLinkAboutItem 8.3 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
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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