05-130, County of Santa Clara.
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Agreement for Basemap Cooperative Use
Between the
County of Santa Clara, California
And
The City of Cupertino, California
This Agreement is effective on July I, 2005, between the County of Santa Clara (COUNTY),
located at 1555 Berger Drive, Bldg # 2, San Jose, CA 95112, and the City of Cupertino (CITY),
located at located at 10300 Torre Ave., Cupertino, CA 95014, collectively known as the
"Parties". The Purpose of this Agreement is to provide for the non-commercial access and use
of the Basemap compiled and maintained by the COUNTY for CITY'S business activities by an
employee, agent, or contractor of the CITY, subject to the terms of this Agreement, and for the
CITY to provide its Base Layers to the County for integration into the COUNTY Basemap
subject to the terms ofthis Agreement.
RECIT ALS
WHEREAS, the COUNTY possesses and maintains a Basemap for the purpose of supporting
COUNTY business functions and also has the authority to distribute and sell the Basemap to
other public and private agencies for their business functions; and
WHEREAS, the CITY has created, possesses and maintains GIS Base Layers similar to the
COUNTY Basemap for the purpose of supporting CITY business functions; and
WHEREAS, COUNTY owns the copyright, title, trademarks and all other related rights as set
forth in all applicable laws, rules and regulations including Title 17 of the United States Code, in
and to the work entitled Basemap which is more particularly described in Exhibit A, Licensed
Basemap Product Definition, which is attached hereto and incorporated herein by this reference;
and
WHEREAS, COUNTY desires to utilize CITY'S Base Layers by modifying the format and
incorporating the modified Base Layers into the Basemap; and
WHEREAS, CITY desires to utilize the Basemap to perform business functions for and on
behalf of CITY; and
WHEREAS, both COUNTY and CITY wish to enter into this Agreement whereby CITY will
provide it's Base Layers to COUNTY at no cost in exchange for COUNTY providing the
Basemap to CITY at no cost; and
WHEREAS, the COUNTY and the CITY share mutual interest in working together in a
collaborative manner to assure the sustained Maintenance of GIS Base Information to support
the business needs of both Parties, and to better serve the public interest.
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AGREEMENT
NOW, THEREFORE, in consideration of the promises, conditions, covenants and warranties
herein contained, the parties agree as follows:
1. Definitions
Basemap - Basemap is a computer mapping system, which is, a compilation consisting of
various graphical and tabular databases and records (generally parcels and streets) as more
particularly described in the attached Exhibit A, Licensed Basemap Product Definition, and to
which the COUNTY owns a copyright. The term "Basemap" includes all Error Corrections, Bug
Fixes, and Enhancements provided by COUNTY to CITY.
Base Layers -CITY'S graphical and tabular databases covering the entire geographical area
known as the City of Cupertino, in the format provided by CITY to COUNTY, which includes
spatially adjusted and updated available street centerlines, parcels, air parcels, and a master
address file, consistent with the CITY Base Layers' specifications which have been deemed by
COUNTY to be "substantially interoperable" with the Basemap. Base Layers incorporated
within the COUNTY Basemap to the extent that the provided data is compliant with Basemap
content and quality standards shall be identified by the COUNTY in metadata as originating
from the CITY.
City - All CITY departments, programs, officers and employees, performing official functions
on behalf of the CITY for official CITY business and operations under the authority ofthe CITY
Council.
County of Santa Clara - All departments, programs, officers and employees, under the authority
of the COUNTY Board of Supervisors.
Compilation- A work formed by the collection and assembling of preexisting material or of data
that are selected, coordinated, or arranged in such a way that the resulting work as a whole
contains an original work of authorship. Title 17 D.S.C. section 101.
Copies - Material objects in which a work is fixed by any method now known or later
developed, and from which the work can be perceived, reproduced, or otherwise communicated
either directly or with the aid of a machine or device. The term "copies" includes the material
object in which the work is fixed.
Derivative Work - A work based upon one or more preexisting works, such as a translation,
musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art
reproduction, abridgment, condensation, or any other form in which a work may be recast,
transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or
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other modifications, which, as a whole, represent an original work of authorship, is a 'derivative
work' 17 U.S.C. section 101.
GIS Base Information - Generic reference to the information contained within the CITY Base
Layers and COUNTY Basemap.
Basemap Enhancement - The process of COUNTY updating the Basemap by positional re-
alignment of the Basemap to conform to the regional orthophotography to provide a new, high-
quality, enriched and improved product.
City Base Layers Enhancement- The process of CITY updating their GIS Base Layers to reflect
the accurate and current data of parcels within their defined CITY limits.
Maintenance - The daily operations for the upkeep of the enhanced Basemap to keep it up-to-
date, complete, and accurate.
2. License Grant
a. COUNTY hereby grants to CITY, at no cost, a non-exclusive, non-transferable
license to use the Basemap for CITY'S official business consistent with the terms
of this Agreement and in a manner that does not violate COUNTY'S ownership
rights in the Basemap as more clearly set forth in Title 17 U.S.C. section 106 et
sec., which rights include, but are not limited to, the following rights: (i) the right
to reproduce the copyrighted work in copies; (ii) the right to prepare derivative
works based upon the copyrighted work; and (iii) the right to distribute copies of
the copyrighted work to the public by sale or other theory of ownership; or by
rental, lease, or lending.
b. COUNTY will provide Basemap Enhancements to CITY in accordance with
COUNTY'S distribution schedule, which may be modified from time to time, a
copy of which COUNTY will provide to CITY following execution of this
Agreement and the completion of the new Basemap product.
3. City/County Data Exchange
The CITY and COUNTY will exchange the Basemap and Base Layers with one another in
accordance to the time table set forth in Attachment A which is attached hereto and incorporated
herein by this reference, and will work towards implementing a coordinated maintenance
program whereby the CITY enhances and maintains the parcels within the CITY's jurisdiction
and the COUNTY compiles, enhances and maintains the all remaining parcels in the
COUNTY'S jurisdiction. Both parties will establish and maintain a data sharing process that
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enables timely sharing of available Basemap updates with each other in an efficient and effective
manner to the extent feasible.
4. COUNTY'S Rights and Obligations
a. COUNTY warrants and represents, and CITY agrees, that COUNTY owns title, interest,
and all proprietary rights, including copyright, trade secret and other proprietary rights, in
and to the Basemap.
b. COUNTY reserves unto itself all rights of every kind and nature except those specifically
granted to CITY herein.
c. COUNTY hereby expressly claims all ownership rights of and to all Derivative Works.
d. Following execution of this Agreement, COUNTY will provide, at no cost to CITY, the
Basemap.
e. Basemap must be provided in a format in accordance with Attachment A - Licensed
Basemap Product Definition, Section 4).
f. COUNTY will provide Basemap updates to CITY in accordance with Attachment A -
Licensed Basemap Product Definition, Section 3) unless the parties have mutually agreed
to an alternative schedule in writing.
g. COUNTY will use best efforts to prevent unauthorized use of the CITY Base Layers.
h. COUNTY may not:
· Re-sell, loan, rent, pledge, assign, sub-license or otherwise transfer the Base
Layers except as provided herein; and
· Represent to other parties a COUNTY modified version of the Base Layers as the
CITY Base Layers; and
· Use the Base Layers on behalf of any other person or organization (including, but
not limited to networks, timesharing, or multiple CPU arrangements) unless
authorized in writing by CITY.
· Permit access to the Base Layers in a manner that allows unauthorized copying,
downloading, except as authorized by CITY.
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. Provide the Base Layers to third parties without written consent from the CITY.
The COUNTY will use best efforts to direct third parties to the CITY for
acquisition of CITY Base Layers.
i. COUNTY may:
. Modify and/or translate the Base Layers into other forms or media and
incorporate such modified product into the Basemap, which COUNTY may
license to third parties; and
. Use the Base Layers for official COUNTY business including posting the Base
Layers on an unlimited number of COUNTY web sites, provided the central
processing units on which the Base Layers are posted support only equipment
operated by COUNTY; and
. Make a reasonable number of copies, including backup copies of the Base Layers,
for COUNTY'S business purposes.
5. CITY'S Rights and Obligations
a. CITY has developed and maintains interest, title and property rights, in and to the CITY
Base Layers.
b. Following execution of this Agreement, CITY will provide, at no cost to COUNTY,
CITY'S Base Layers.
c. CITY'S Base Layers must be delivered in a format in accordance with Attachment A -
Licensed Basemap Product Definition, Section 4).
d. CITY will provide CITY Base Layer Enhancements to COUNTY in accordance with
Attachment A - Licensed Basemap Product Definition, Section 3) unless the parties have
mutually agreed to an alternative schedule in writing.
e. CITY will use best efforts to prevent unauthorized use and copying of the Basemap.
f. CITY may utilize the Basemap for official CITY business, which includes, but is not
limited to, the following:
. Publishing the Basemap at and on an unlimited number of CITY sites, provided
the site is secure to prevent unauthorized copying or recompilation of the
Basemap, and provided the central processing units on which the Basemap is
maintained support only equipment operated by CITY;
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· Display the Basemap through an Internet accessible system provided the Basemap
is not released or accessible in a manner that enables unauthorized Basemap
copying or recompilation;
· Modify the Basemap to meet the CITY'S business needs or merge the Basemap
into other databases for CITY'S use to conduct official CITY business;
· Make a reasonable number of copies, including backup copies, for CITY'S own
business purposes;
· Translate the Basemap into other formats and lor media;
g. CITY may not:
· Re-sell, loan, rent, pledge, assign, use, sub-license or otherwise transfer the
Basemap, except as provided for herein;
· Represent to other parties a version of the Basemap modified by the CITY in
conformance with this Agreement as the Basemap;
· Use the Basemap for purposes or persons other than the CITY'S official business;
· Permit access to the Basemap in a manner that allows unauthorized access,
downloading, or copying of Basemap;
· Use the Basemap to generate products or services for commercial resale not
associated with CITY business purposes that violate Section 2. License Grant, of
this Agreement.
· In accordance with and subject to the provisions of Section 17, provide the
Basemap directly to any requestor ofthe Basemap and use its best efforts to direct
all third parties who request the Basemap to the COUNTY.
6. Notification of Corrections and Enhancements
Each party will provide written notice to the other party following discovery of any possible
errors or omissions in their GIS Base Information, which was provided to the other party. Such
notice will be provided in accordance with Attachment A - Licensed Basemap Product
Definition, Sections 3) and 4). All updates and enhancements provided by CITY to COUNTY
will be provided in the format and specifications in accordance with Attachment A - Licensed
Basemap Product Definition, Sections 3) and 4). CITY'S data has been deemed by COUNTY
to be "substantially interoperable" with the Basemap and is of a high quality in terms of accuracy
and completeness.
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7. Payment
CITY will provide the Base Layers, and CITY Base Layers Enhancements, to COUNTY at no
cost to COUNTY in exchange for COUNTY licensing Basemap, and all Basemap
Enhancements, to CITY at no cost to CITY.
8. Term of Agreement
The term of this Agreement will commence following full execution by both parties of this
Agreement and will continue until July 1, 2008, unless terminated earlier as provided for herein
("Term"). Unless terminated earlier as provided for herein, this Agreement will be automatically
renewed for successive terms of one year periods through FY 06, FY07, and FY08, provided the
Board of Supervisors and the CITY Council have appropriated sufficient funds to continue their
obligations of this Agreement, and provided neither party has provided written notice of their
intent not to renew this Agreement and provided such notice to the other party no later than April
15th ofthe then current Term.
9. Third Party Access
If it is necessary for the CITY to make the Basemap available to agents, contractors, consultants
or other third parties for CITY business purposes, CITY will obtain from each agent, contractor,
consultant or other third party written assurance that such consultant or third party will adhere to
the terms of this Agreement with respect to the rights and obligations described in Sections 2.a,
5.fand 5.g. However, in the event of in the event ofa public emergency that requires immediate
response to protect life and property within the Santa Clara County region CITY may provide the
Basemap to third parties by using the Emergency Data Use Notice form as set forth in
Attachment C.
10. Basemap Enhancement and Maintenance Coordination
CITY and COUNTY will work together to coordinate standards, procedures, technical strategies,
and other matters pertaining to the enhancement and ongoing maintenance of each party's GIS
Base Information. The COUNTY'S signatory to this Agreement or their designee, will be the
point of contact for all matters pertaining to this Agreement. The City Manager or their designee
will be the point of contact on behalf of the CITY for all matters pertaining to this Agreement.
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11. Notice of Copyright and Disclaimer
a. CITY will display, and will require all third parties with whom they grant access pursuant
to Section 9. above to display, the following copyright notice on all publications of the Basemap
on or in any media, but not on works in progress such as internal screen displays:
"Copyright, (current year), All rights reserved." or, for lack of space - "@ 2005"
b. CITY will display the following copyright notice on publications, which include portions
of the Basemap, but not on works in progress such as internal screen displays:
"Derived from data that is Copyright, (current year), All rights reserved." For the lack of
space on the derived product, the CITY may use the notice, "@ 2005"
Any reproduction of the Basemap for purposes other than that set forth in this Agreement will
infringe on this copyright Agreement.
12. Termination
a. In the event either party defaults in any obligation in this Agreement, the other
party shall give written notice of such default, and, if the party in default fails to
cure such default within the time specified in such notice, the other party shall
have the right to terminate this Agreement.
b. For purposes of this Agreement, default includes, but is not limited to, any of the
following: Material breach of this Agreement by either party; violation by either
party of any applicable laws; assignment by either party of this Agreement
without the written consent of the other Party; a decision by the Board of
Supervisors not to fund the County's Basemap project.
c. The County may immediately terminate this Agreement upon any occurrence that
violates County's rights set forth in Section 2 License Grant.
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d. Effect of Termination: Upon termination of this Agreement, the license granted
hereunder is immediately revoked. CITY may continue to use the Basemap and
modify it to meet their internal needs in accordance with the all terms and
conditions of this Agreement, all of which survive the Agreement. COUNTY
may continue use of the CITY'S Base Layers in accordance with all the terms and
conditions of this Agreement, all of which survive the Agreement. Neither Party
will expect or receive from the other, updates to the GIS Base Information.
13. Warranty and Notice of Disclaimer
EXCEPT AS PROVIDED FOR IN SECTION 2, THE COUNTY PROVIDES THE GIS BASE
INFORMATION "AS IS" AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTIBILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, AND
REGARDING THE ACCURACY, COMPLETENESS, VALUE, QUALITY, VALIDITY,
MERCHANTIBILITY, SUITABILITY, AND CONDITION, OF THE BASEMAP.
CITY will include this Disclaimer on all its publications of the Basemap.
THE CITY PROVIDES THE GIS BASE INFORMATION "AS IS" AND MAKES NO
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTIBILITY AND/OR FITNESS FOR A
PARTICULAR PURPOSE, AND REGARDING THE ACCURACY, COMPLETENESS,
VALUE, QUALITY, VALIDITY, MERCHANTIBILITY, SUITABILITY, AND CONDITION,
OF THE BASE LAYERS.
COUNTY shall include this or a similar disclaimer that covers the CITY GIS Base Information
on all its publications of the Basemap.
14. Limitation of Liability
EXCEPT AS PROVIDED IN SECTIONS 15 AND 17, IN NO EVENT SHALL EITHER
PARTY BE LIABLE TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING
LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER ARISING OUT OF OR
RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER, WHETHER SUCH
LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE
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EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
15. Indemnification
COUNTY will indemnify, defend, and hold harmless the CITY, its officers, agents and
employees from any claim, liability, loss, injury or damage based on a claim of infringement of
any United States copyright, patent or trademark, including all costs, expenses, attorney's fees
and other fees of whatever nature. CITY agrees to notify COUNTY promptly in writing of any
such claim and will allow COUNTY to control all proceedings related to such claim. CITY
agrees to cooperate fully with COUNTY during such proceedings. In the event of such
infringement, CITY will cease all use of the Basemap and will notify all third parties of their
obligation to cease use of the Basemap.
16. Inspection
Either party may request that the other party grant access to all documents and other information
to verify compliance with the terms of this Agreement. The parties agree to cooperate with each
other to ensure compliance with this Agreement.
17. Public Records Act Requests
CITY agrees not to release the Basemap to any party who files a request for the Basemap
pursuant to the California Public Records Act as set forth in California Government Code
section(s) 6254 et.seq. COUNTY owns all title, right and interest in and to the Basemap pursuant
to the Copyright Act as set forth in Title 17 USC, Section 106 et. Seq. which grants COUNTY (i)
the right to reproduce the copyrighted work in copies; (ii) the right to prepare derivative works
based upon the copyrighted work; and (iii) the right to distribute copies of the copyrighted work
to the public by sale or other theory of ownership; or by rental, lease, or lending. As such,
COUNTY maintains that the Basemap is not a "public record" because the rights conveyed by
the Copyright Act to the COUNTY in the Basemap including the right to distribution of the
Basemap by sale, exempts the Basemap from disclosure pursuant to California Government
Code section 6254(k). CITY agrees to issue a written denial to any requester citing this section
of the Public Records Act and this section of the Agreement..
Should CITY comply with this section and a claim, action or demand is filed alleging that CITY
failed to comply with the Public Records Act by refusing to provide a copy of the Basemap to
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the requesting party, COUNTY will to the fullest extent permitted by law, indemnify, defend,
and hold harmless CITY its officers, agents and employees, from and against any and all claims,
actions, demands or liability, including all costs, expenses and fees (including without limitation,
attorney's fees, courts costs, experts fees or an adverse monetary judgment) arising from the
performance by CITY of its obligations under this section relating to the Public Records Act.
18. Severability
If any provision of this Agreement is invalid, illegal, or unenforceable under any applicable
statute or rule of law, the remaining provisions shall remain valid and enforceable to the
maximum extent possible.
19. Amendments/Modifications
This Agreement may not be modified, altered or amended except by written instrument duly
executed by both parties.
20. Survival.
Termination of this Agreement shall not affect any of either Parties' rights, remedies, and
protections hereunder.
21. Complete Agreement
The parties agree that this Agreement is the complete and exclusive statement of the
understanding between the parties, which supersedes and merges all prior proposals,
understandings and all other agreements, oral or written, between the parties relating to this
Agreement.
22. Force Majeure
Neither party shall be in default or otherwise liable for any delay in or failure of it's performance
under this Agreement is such delay or failure arises by any reason beyond its reasonable control
including any act of God, any acts of the common enemy, the elements, earthquakes, floods,
fires, epidemics, riots, failures or delay in transportation or communications, or any act or failure
to act by the other party or such other party's employees, agents or contractors. The parties will
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promptly inform and consult with each other as to any of the above causes, which in their
judgment mayor could be the cause of a delay in the performance of this Agreement.
23. Notices
All notices under this Agreement are to be delivered by (i) depositing the notice in the mail,
using registered mail, return receipt requested, addressed to the address below or to any other
address as the party may designate by providing notice; (ii) tele-copying the notice by using the
telephone number set forth below or nay other telephone number as the party may designate by
providing notice; (iii) overnight delivery service addressed to the address below or to any other
address as the party may designate by providing notice; (iv) hand delivery to the individual
designated below or to any other individual as the party may designate by providing notice. The
notice shall be deemed delivered (i) ifby registered mail, four (4) days after the notice's deposit
in the mail, (ii) if by telecopy, on the date the notice is delivered, (iii) if by overnight delivery
service, on the day of delivery, and (iv) ifby hand delivery, on the date of hand delivery.
CITY:
Attn:
Telecopy No.:
COUNTY:
Attn:
Telecopy No.:
24. Governing Law
This Agreement and performance hereunder shall be governed by the laws of the State of
California.
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25. Read and Understood
Each party acknowledges that it has read and understands this Agreement and agrees to be bound
by its terms.
IN WITNESS WEREOF, the Parties hereto have executed this Agreement.
CITY OF CUPERTINO
COUNTY OF SANTA CLARA
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Date: q -- ~3 -0 S
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Title: ])/R. of 4dl7U/1. ~/CPS
Title:
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Attachment A
Licensed Basemap Product Definition
1) Geographic Extent of the Basemap
The Basemap contains data from a geographic area generally described as "the incorporated and
unincorporated area of the County of Santa Clara". The CITY supplied Base Layers are for the
geographic area ofthe City of Cupertino, which are within CITY'S jurisdiction.
2) Basemap Content
COUNTY will exchange spatially adjusted and updated GIS Base Information that is
substantially interoperable with the CITY basemap design, consisting of available street
centerline, parcels, air parcels, property attributes, street names and a master address file
consistent with the County of Santa Clara GIS Basemap Specifications representing the
COUNTY Basemap, with the CITY.
The Basemap content licensed by this Agreement is described at a summary level below. A
comprehensive definition of the GIS entities, attributes, and relationships are defined in the
County of Santa Clara GIS Basemap Database Design that is provided to Basemap licensees.
Parcels - Assessor parcel boundaries with an associated Assessor Parcel Number (APN).
Property Attributes - Assessor property attributes that may include ownership, address, and
valuation information as defined in the County of Santa Clara GIS Basemap Database Design.
Air Parcels - APN and point identifiers associating condominiums, structures, and other non-
land parcels to a land parcel.
Master Address File - A database file containing a listing of all known discrete addresses. This
file may contain multiple addresses for a parcel and may include address discrepancies identified
from multiple address sources.
Metadata - Data which provides information to users about the sources, currency, development,
content, quality, condition, format of digital spatial data, and contacts for distribution and further
information.
Street Centerlines - A line representation of streets with associated attribute information and
topology definition necessary to support address matching and road network analysis.
Street Names - Annotation of street names placed within the street right of ways.
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The Basemap content may also include other datasets or content, such as creeks, railroads,
government jurisdictions, legal parcels, building footprints, orthophotos, contours and other
features, as determined by the CITY and COUNTY.
For the purposes of this Agreement, the Basemap will not include retired or historical parcels
even though such parcels may be an integral part of the CITY or COUNTY GIS Base
Information.
The Initial geographic features in County's Basemap will be aligned to the existing orthophotos
with the result that the Basemap will have a horizontal accuracy of +-2 feet on the valley floor,
and +- 5 feet on hillside areas. Subsequent Base Information changes will be based on legally
approved documents when available and will maintain the aforementioned accuracy standards.
3) Schedule of GIS Base Information Exchange
The initial exchange of GIS Base Information between each party shall occur when upon the
signing of this Agreement.
Following the COUNTY'S integration of CITY Base Layers, the CITY will continue to provide
its Base Layers to the County, no less often than quarterly, so that the County can continue to
integrate the geographic region of the CITY to the County of Santa Clara GIS Basemap
Specifications.
The COUNTY will provide the CITY with, at a minimum, quarterly delivery of the Basemap,
according to COUNTY'S delivery schedule, which generally occurs in March, June, September
and December of each year.
4) Delivery Format
The COUNTY and CITY will exchange GIS Base information using a mutually agreed upon
format through direct server access or on CD or DVD as mutually agreed upon by the Parties.
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Attachment B
Supplemental Data and Services
1) Supplemental Data Provided by the COUNTY
The CITY may obtain supplemental data and services from the COUNTY in association with the
Basemap License Agreement. The data listed in Table I below will be provided to the CITY by
the COUNTY upon request if available and when approved by the data owner, and such data
shall be subject to the same terms and conditions as the Basemap and may have additional
special limitations and/or fees stipulated by the data owner. When special limitations are applied
to a set of data, COUNTY will provide CITY with such limitations in writing before CITY
acquires such data. CITY release of supplemental data to third parties shall be in conformance of
the provisions herein for the Basemap and include reference to supplemental data owners and
special limitations that may be encumbered with that data. Such data may include, when
available and provided by the COUNTY data owner: Assessor Map information, Geofile, City
School District and Special District Boundaries, Business Licenses, Seismic Layers, Parks,
Metadata, Zoning, General Plan, Williamson Act Lands or Recorder Documents.
Table 10
D t S t
o
D
Of
Data
T
Update
F
S
OIL 0 Ot f
aa e wner escnpl10n ype requency ~ peCla Iml a Ions
City boundaries Use consistent with
City Boundaries ISD and sphere of Shape file Periodic terms of Base map
influence License Agreement
Assessor Map PDF of Assessor Use consistent with
Assessor PDF Monthly terms of Base map
Page Images Map Pages License Agreement
Assessor Ownership, Use consistent with
Property Assessor valuation, and use Attribute Monthly terms of Basemap
Attributes information License Agreement
2) Supplemental GIS Data Provided by the CITY
The COUNTY wishes to obtain general purpose GIS data for insertion into the regional GIS data
repository to facilitate interagency sharing of the data. CITY agrees to provide CITY data and
associated metadata describing the data characteristics to the COUNTY for publishing in the
regional GIS data repository provided the data is available and the city department data owner
approves, and shall be on the same terms and conditions as the Base Layers and any additional
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special limitations and/or fees stipulated by the CITY department data owner.. . The data in
Table II. is what is required by the COUNTY to enhance the GIS Basemap to reflect the most
complete, current and accurate GIS Base Information. The Parties shall define a protocol for
data updating and data dissemination of Basemap related information from CITY for
incorporation into the County Basemap. The supplied data shall be incorporated within the
Basemap to the extent that the provided data is compliant with Basemap content and quality
standards.
This data, if maintained by CITY and approved by the data owner, shall be provided to the
COUNTY according the stated update frequency as a data input stream for Basemap updating.
The Parties shall agree to the format and means for providing the data. Such data may include
and not be limited to: Building Permits, Business Licenses, Communication Device Locations,
Digital Subdivision Maps, General Plan Land Use, CITY Geojile, IDTS data, Metadata, Natural
Diversity Data, CITY Parks, Riparian-Related Datasets, Traffic-Related Datasets, Transportation
-Related Datasets, Zoning, Utility and Infrastructure Datasets, and Special District Information.
Table 110
D t S t
o
D
Ot"
Data
T
Update
F
S
OILO Ott"
aa e wner eSCrIpllOn lype reQuency ~ peCla Iml a Ions
GIS zoning polygons To be used only by the
Zoning CITY and associated Shape File Quarterly County Assessor for
attributes their internal purposes.
General Plan General Plan land use To be used only by the
Land Use CITY polygons and Shape File Quarterly County Assessor for
associated attributes their internal purposes.
Business Business license To be used only by the
License CITY associated with an Tabular Yearly County Assessor for
address their internal purposes
Building permit data To be used only by the
associated with
Building Permits CITY Assessor Parcel Tabular Monthly County Assessor for
number and address their internal purposes
New construction
plans associated with
New new subdivision tracts To be used only by the
Construction CITY and lots that CAD or GIS Monthly County Assessor for
Plans ultimately will be their internal purposes
assigned an Assessor
Parcel Number
3) Other Supplemental Data and Services
The COUNTY and CITY may agree to provide other supplemental data and/or GIS related
services not identified within this agreement. These services will be defined and agreed to by the
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Attachment C
Emergency Data Use Notice
This notice shall be used only in the event of a public emergency that requires immediate
response to protect life and property within the Santa Clara County region. Use of this notice
does not release the user of GIS information from the obligations expressed within the GIS
Basemap License Agreement which must be obtained from Santa Clara County, but serves as an
official notice that the Basemap is Copyrighted with specific limitation on its use. Furthermore,
an executed Basemap License Agreement is required to legally possess and use the Basemap.
This notice permits the user to use the GIS Basemap for one week from the date of execution of
this notice only for public emergency use. The user may not release the GIS Basemap to any
other party for any means whatsoever.
A GIS Basemap License Agreement shall be executed with the County within one week of the
date of execution of this notice to enable the continued use of the GIS Basemap. Failure to
execute the GIS Basemap License Agreement within one week shall require the user to destroy
all copies of the GIS Basemap in their possession and certify in writing to the executing authority
that all data has been permanently removed from their computer systems and that the user has
not released the GIS Basemap or derivative products to any other entity.
Notice Executed on
Executing Agency
User
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