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HomeMy WebLinkAboutDocumentation_Regular_Tab 05K_09/12/2002 , . � r �. Memorandum TO: Michael Couzzo, Village Manager FROM: Stephen J. Allison, Chief of Police,� Subject: Council Agenda Item — Data Sharing Interiocal Agreement Date: August 27, 2002 Attached for Council approval is an interlocal agreement with Palm Beach County for the purpose of sharing geographic and land informatipn. This agreement is the first step required for receiving technology the County is giving us to pinpoint the origin of wireless 911 calls. Mr. Randolph has reviewed and approved this agreement for legal form and sufficiency. • RESOLUTION NO. 80 - 2001/2002 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FL4RIDA, APPROVING AN INTERLOCAL AGREEI�NT BETWEEN PALM BEACH COUNTY AND THE VILLAGE OF TEQUESTA FOR THE PURPOSE OF SHARING GEOGRP,PHIC AND LAND INFORMATION AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE. NOW, THEFtEFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS ' FOLLOWSe Section 1. The interlocal agreement between the Village of Tequesta and Palm Beach County for the purpose of sharing geographic and land information, attached ' hereto as exhibit °A", is hereby approved and the Mayor is - hereby authorized to execute the same on behalf of the ° Village of Tequesta. • ' THE FOREGOING RESOLUTION WAS OFFERED BY Councilmember , who moved its adoption. The motion was seconded by Councilmember , and upon being put to vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION • • - The Mayor thereupon declared the Resolution duly passed ` and adopted this day of , A.D., 2000. MAYOR OF TEQUESTA Geraldine Genco ATTEST: Mary Wolcott 'Village Clerk • • r,� i�,, c._ . c��c 1•�.�rri �Vr�t� f��� i�R .1oHN5T��N 3: STUfsBS NO.65� P. 1�`1 �o� F���� I�Iagl�r �ei�trr Tc�wer, Suiee 110() MUili�:gAdd�ss r���( Sb5 Sourh �la�ler Dri�e Po3t Otlico Box 3475 � �� �� Wetit P:�lm L'caeh. Flc�rida 334()1 �Ve>� Pxlm 8each, l�7ori�ta 334U2-3�75 • �� Tcicplume f Sb 1) b59-3(Xx) Aitarneys and Co�stiors Jotta �. Raadulph, Esqnire Direct Dial: (561) 650 E-uaail: jcgndolph(�joncs-foster.com August 23, 20Q2 VIA FAX: 575-6Z98 5tephen J. Allison, Chief of Police Tequesta Police D�partment Post OfFoe Box 3273 Tequesta. Flonda 33469-0273 RE: Village ot Tequesta In#erlacal Ag�eement with Pa(m Beach Cou�aty GIS Senrice Bureau Our Fiie No. '13153.1 Dear Chief Allis�n: Please be advised that I have reviewed tl�e GIS agreernerrt between the Village and , Palm Beach County whfch you fa�nrarded to me under your letter of August 22, 2002, and hereby approve same as to legal form ae�d suffic�ency. Sincerery, JONES, FOS ER, JC)HNSTON 8� STUBBS, P.A. John C. Randolph JCR/ssm • wmw,jones fnstcncam • INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND PALIVI BEACH COUNTY This Agreem��t is ent�red on , 2002, between "the parties�" the Village of Tequesta ("the Village") and Palm Beach County (the "County"). The Village and the County are referred to collectively as "the Parties". WITNESSETH THAT: WHEREAS, th� Parties are author�zea to enter into this Agreement �ursuant to Section 163.01, Florida S�atutes, as amended which permits local gov�rnmental units to make the most efficient use oF their powers by enabling them to cooperate with other localities on a basis of mutual advantage, and WHEREAS, the Parties executing the Agreement desire to share the benefits af exchanging geographic and land information in order to have the most up-to-date and accurate information, VVHEREAS, the purpose of this Agreement is to provide a mechanism to share geographic and • land information on an ongoing basis, WHEREAS, the Parties will �evelop procedures for the exchange of geagraphic ar�d land information in �.n �fficient and timely manner, NOW THEREFORE, the Parties, in cons�d�ration of the mutual benefits flowing from each ta the oth�r do thereby agree as follaws: ARTICLE 1— STATEMENT OF AGREEMENT 1.1 The County C'rIS Service Bureau will pravide Caunty copyrighted and licensed geagraplaic data, to the Village as provided far in Countywide PPM CW-R-007 Geographic Information Maintenan�e, Man�gement and Dissemination. The Village enters inta this Agreement to initiate the exchange of updated geographic and land information outlined in E�iibit A with the County on an ongoing basis. ARTICLE 2— TERM OF THE AGREEMENT 2.1 The pe�iod of performance of this Agreement sha11 cornmence on date of execution and • r�main active for a period of five years fro�n the date shown above, unless terminated earlier under Article 6. • ARTICLE 3— SHARING AND OWNERSHIP 3.1 Each Pariy sha11 be responsible far modifications or alterations required at its location for sharing and utilization of geographic and land informatic�n. 3.2 Each Party shall provide and maintain in its geographic and land information system environment the information specified in this Agreement under E�ibit A. Said information shall be maintained in the manner (including format, accuracy, syrnbolagy, and timeliness) also specified in Exhibit A and enhanced as mutually agreed upon. In some cases, this will require modification to current practices. In such cases, each Party will bear the cost of required modifications to its respective environment. Such information shall be accessible to bot� Parties, subject to access and security procedur�s, license agreements, arld Federal, State and local law. 3e3 The Villa�e agrees to abide by standards set forth by the County in Exhibit A to: • Satisfy statutory requirements � Ensure compatibility of information • Improve productivity in applications develapment • Simplify procedures for end users. • Create greater efficiency in information sharing • 3,4 The County wi11 provide a Countywide Centerlin� file to the Village. The Village agrees to irutiate a plan t� verify and enhanc� the County�%ide �enterline file within its jurisdictioa� and provide a copy of such enhancements back ta the County. ARTICLE 4 � PROJE�T MANAGEMENT/NOTICE 4.1 Until otherwise notified in writing, the Project Manager for the Village is Chief Stephen Allison, Village of Tequesta., at P.O. Box 3273, Tequesta, Florida 33469 at telephane (561) 575- 6215. The Project Manager for the County is Kelly 1Zatchir�ky, Palm Beach County, Information Systems Services, GIS Services, at 301 N. Olive Avenue, West Palm Bea�h, FL 33401, telephone (561) 355-4275. 'The Parties shall direct all m�.tters arising in conneation with the performance of this Agreement to the attention of the Project Managers for resolution or action. The Project Managers shall be responsible for overall coordination and oversight reiating to fihe performance of this Agreement. 4.2 All notices, demands, �r other communications to the Parties under this Agreement shall b� in vvriting and shall be deemed received if sent by certified mail, return receipt requested, to: Village Manager Village of Tequ�sta • P.Q. Box 3273 Tequesta, FL 33469 • Palm Beach County, Information Systems Services GIS Service Bureau Attention: Countywide GIS Coordinator 341 N. Olive Avenue, 4th Floor West Palm Beach, FL 33401 Copies to: Pa1m Beach County Attorney's Office 301 N. Olive Avenue, 6th Floor West Palm Beach, FL 33401 The Parties agree ta provide a copy of all such notices under this Agreement to each Praject Manager. All notices re�uired by this Agreement shall be considered delivered upon receipt, Should either pariy change its address for notifications, written notice of such new address shail promptly be sent to the other party. ARTICLE 5 — INDEMNIFICATION & INSURANCE • 5.1 The Parties assume any and all risks of personal injury, bodily injury and property damage attributable to th� negligent acts or omissions of the Parties and the officers, employees, s�rvants, and agents thereof. Each of the Parties, as a local government agency, warrants and represents fhat it is self funded for liability insurance, or has li�bility insurance, both public and property, with such protection being applicable to the Parties by their officers, employees, servants and agents �vhile acting within the scope of their employment with the Parties. The Parties further agree that nothing contained herein shall be construed or interpreted as(1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. ARTICLE 6- TERMINATION/SUSPENSION 6.1 This Agreement may be terminated by written notice of either Party to the other, to be effectiv� twelve (12) months after receipt. However, termination shall be carefully conside�ed due to the potential cost and disruption of operations to each of the Parties. 6.2 Data sharing may be suspended for failure to adopt County standards or for the adoption of policies or engagement in activities which adversely affect the sharing or maintenance of said information. Notice of proposed suspension shall be delivered to tiie other Party at least five (5) • working days prior to suspension. The notice shall state the reasons for the proposed suspension ai�d suggest corrective actions and a time frame within which these corrective actions may be • taken to avoid suspension. Suspended access ta shared information sha11 be restored as soon as reasanably possible following reeeipt of notice that sufficient corrective action has been taken, 6.3 Each Party may enact an emergency suspension of data sharing. 'I'he UIS Coordinator sha11 declare an emergency suspension and �emporarily, but iminediately, suspend ar reduce access to information for jus# cause, Reasons for emergency suspension include, without limitation, equipment fail�re; unauthorized geographic infortnation access; high potential for sabotage; failure to adopt and enforce standards; and adoption of polici�s or engagem�nt of activities which otherwise adversely affect the aperation, security or rnaintenance of the geographic information. The GIS Coordinator shall notify the County GiS Policy Advisory Committee, and the other affected Party immediately of an� emergency suspension. The notice shall state the reasons for the emergency suspension and suggest corrective actions and a time frame within which tliese correction actions may be taken to safely a11ow restoration of access to geographic information. If the GIS Coc�rdinator is confident that actions have adequately corrected the situation, access to infarmation sk�all be restored. ARTICLE 7— STANDARDS OF COMPLIANCE 7.1 The Parti�s, their employees, subcontractors or assigns, shall comply with all applicabl�e federai, state, and lacal laws �nd regulation relating to the performance of this Agreement. • 7.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for any party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit Court. 7.3 The Parties shall allow public access to a11 project eiocuments and materials in accardance with the provisions of Chapter 119, Florida Statutes. Should any Party assert any exemptians to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the asserting parly. 7.4 The Parties hereby assuxe that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, sex or sexual orientation, from participation in, denied the benefits of, or be c�therwise subjected to discrimination in any activity under this Agreement. The Parties shall take all measur�s necessary to effectuate these assurances. ARTI�LE S — GENERAL PROVISIONS 8.1 Each party shall not assagn, delegate, or otherwise transfer its rights and obligations a� set forth in this Agreement with�ut the prior tivritten consent of the other Party. Ar�y attempted assignment in violation of this �rovision shall b+e void. • • 8.2 Notwithstanding any provisions of this AgreemenL to the contrary, the Parties shall not be held liable for any failure or any delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, act of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, acts of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parti�s. Failure to perform shali be excused during the continuance and restorative aftermath period of such circumstances, but this Agreement shall otherwise remain in effect. This pravision shall not apply if the "Statement of Work" of tl�is Agreement specifies that perforrriance by the Parties is specifically required during the occurrence of any of the events herein mentioned. 8.3 In th� event an� provisians of this Agreement shall conflict, or appear to conflict, the Agreement including all exhibits, attachments and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 8.4 Failures or waivers ta insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns sha11 not be deemed a waiver of any of its rights or remedies, nor sha11 it relieve the other party from performing any subsequent obligations strictly in accordance with the terms af this Agreement. No waiver shall be effective unless in writing and signed by the paxty against whorn enforcement is sought. Such waiver shail be limited to provisions of this Agreement specif ca11y referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unl�ss • the writing states otherwise. 8.5 Should any terin or provision of this Agreement be held, to ar�y extent, invalid or unenforceable, as against any person, entity ar circumstance during the term hereof, by force of any statute law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement sha11 remair� operable, enforceable and in full force and effect to the extent permitted by law. 8.6 This Agreem�n# may be amended only with the written approval of the Parties hereto. 8.7 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, sta.tements, negotiations, or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Parties recognize that any representations, statements or negotiations made by the Parties' staff do not suffice to legally bind the Parties in a contractual relationship unless they haVe been reduced to writing and signed by the Parties' representatives. This Agreement shail inure to the benefit of and shall be binding upon the Parties, their respective assigns, and successors in interest. • i IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date first written above. APPROVED AS TO FORM AND Village OF Tequesta BY ITS MAYOR LEGAL SUFFICIENCY By: By: _ Village Att�xney Mayor Date. ATTEST; Village Clerk APPROVED AS TO FORM • AND LEGAL SUFFICIENCY PALM BEACH CQUNTY, FLORIDA. By: By: County Attorney Title: Steve Bordelon, Director of ISS • • EXHIBIT A Geographic data requested from the Village includes but is not limited to: - Situs Address W/Parcel Control Number - Address Range/Centerline Corrections & Updates (with metadata) - Capture/updates of Planimetric Map Layers - County Maintained Roads within jurisdiction (for verification purposes) - Hydrants - Paxk Locations - Vegetation Information - Preserves - Existing Land Use � Zoning - Critical Facilities - Netiv Plats (digital) - Haza�dous Materiais - Water Service Boundaries The data to be provided by the County subject to �ountyvvide PPM CW-R-007 includes: - Centerline File • - Parcel Graphics and Database (based on current Tax Roll) - Digital Ortho Photography (with available rnetadata) Mechanisms and schedules for exchange of data will be decid�d by the Project Managers upon execution of this Agreement, incorporating the most efficient vehicle and format possible. Specific standards issues which shall be addressed include, but are not limited to: • Geocoding/addressing standards (e.g. street names and addresses) • Information quality control objectives and methods • Information sources and lineages • Positional accuracy/precision of map content and sources • Information category conventions • Information completeness and update cycles Common base map component requirements are as documented and disseminated in data provid�d by the County, including input scales, legends, symbols and annotation, cartographic generalizatian and database editing and quality control. Documents to be provided upon execution: Countywide PPM CW-R-007 Geographic Information Maintenance, Management, and Dissemination; Couniywide Standard far �ddress Records in • Electronic Databases CW-O-047; Metadata. Capture Format and Countywide Standard Naming Convention for Layers, Features, Structures, Etc.