HomeMy WebLinkAboutRESOLUTION - 13-11 - 3/22/2011 - GIS SYSTEM AGREEMENTRESOLUTION NO. 13-11
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE
AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF ELK
GROVE VILLAGE AND COOK COUNTY FOR ACCESS TO GEOGRAPHIC
INFORMATION SYSTEM (GIS)
WHEREAS, the Village of Elk Grove Village (the Village) is a special charter municipal
corporation acting under and pursuant to the Illinois Constitution and the laws of the State of
Illinois, including the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq. (the "IMC"); and
WHEREAS, pursuant to its special charter and the IMC, the Village is granted all powers
necessary to carry out its legislative purposes as to the general governance of the Village and its
residents, including the development and use of property, the establishment and maintenance of
basic infrastructure such as streets, water systems, sanitary and stormwater sewer systems, and the
provision of public safety services; and
WHEREAS, in the performance of its general governmental responsibilities, the Village is
constantly evaluating and accessing information regarding the physical and other attributes within
the Village and adjacent to its boundaries; and
WHEREAS, the Cook County Assessor's Office has a geographic information system
("GIS") database that it is willing to make available to the Village at no cost; and
WHEREAS, GIS data sharing with the Cook County Assessor's Office will allow the
Village to access GIS data from the Assessor that will facilitate the Village's decision-making
process with respect to its management, provision, and maintenance of governmental services;
and
WHEREAS, cooperation between and among governmental agencies and entities through
intergovernmental agreements is authorized and encouraged by Article VII, Section 10 of the
Illinois Constitution of 1970 and by the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.;
and
WHEREAS, the Village and the Cook County Assessor have negotiated an Agreement for
Access to Geographic Information System in substantially the form attached to this Resolution as
Exhibit A. (the Agreement);
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NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois, as follows:
Section 1: That the Mayor be and is hereby authorized to sign the attached
documents marked:
AGREEMENT
FOR ACCESS TO GEOGRAPHIC INFORMATION SYSTEM
A copy of which is attached hereto and made a part hereof as if fully set forth and the
Village Clerk is authorized to attest said documents upon the signature of the Mayor.
Section 1: That this Resolution shall be in full force and effect from and after its
passage and approval according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 22"d day of March 2011.
APPROVED this 22nd day of March 2011.
ATTEST:
Judith M. Keegan, Village Clerk
ResAgreementacccssG[S 2Ot l
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APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
AGREEMENT
FOR ACCESS TO GEOGRAPHIC INFORMATION SYSTEM
This AGREEMENT is entered into as of the 1 day of March '20 11 , by and between
Village of Elk Grove village ("A enc ') and the Cook County by
Office
{the "CCAO").
WITNESSETH:
WHEREAS, the CCAO has developed a Geographic Information System (the "GIS") consisting of
cadastral data, planimetric data, assessment data, property images, digital orthophotography (aerial
photos) and other data (collectively, such images, photos and data, "Assessor Data");
WHEREAS, portions of the GIS, and the related data dictionary, are copyrighted materials of the
CCAO andlor Cook County of the State of Illinois ("Cook County");
WHEREAS, some of the Assessor Data in the GIS is only available to the public and to commercial
users for a fee, as permitted by law;
WHEREAS, Agency has requested access to and license to use the GIS for use in performing its
official functions (as set forth below);
WHEREAS, the CCAO in the spirit of cooperation desires to make the GIS available, efficiently and
without charge, to Agency for use in performing its official functions; and
WHEREAS, Agency acknowledges and agrees that access to the GIS and/or Assessor Data is
conditioned upon the agreement that access is provided as set forth in this Agreement solely for use in
performing the official functions of the Agency, and that any other use, alteration, sale, dissemination,
lease or transfer of the GIS and/or Assessor Data by Agency, or by any employee or agent of same,
without written consent of the CCAO is strictly prohibited, and shall be deemed to warrant immediate
termination of this Agreement, as well as entitle the CCAO to pursue any other remedies to which it is
entitled.
NOW, THEREFORE, in consideration of the mutual promises and covenants and the terms and
conditions hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS.
The foregoing recitals are incorporated into and made a part of this Agreement as if fully set forth
herein.
SECTION 2. STATEMENT OF OFFICIAL PURPOSES; RESTRICTIONS ON USE.
For purposes of this Agreement, Agency represents and warrants as its official purpose for access to the
GIS and Assessor Data as stated in Exhibit A and incorporated herein. Agency agrees that access to the
GIS and/or Assessor Data is conditioned upon and provided as set forth in this Agreement solely for its
use in performing its official purposes (as described in Exhibit A). Any other use of the GIS or
Assessor Data, without express written consent of the CCAO, is strictly prohibited, including the
display, sale, transfer, lease, dissemination or lease of the GIS or Assessor Data in any location or
manner in its current form, derivative or altered form, or otherwise. Any such prohibited use shall be
deemed to be a breach which warrants immediate termination of this Agreement. This Section shall
survive the termination of this Agreement.
SECTION 3. INFORMATION PROVIDED.
The CCAO agrees to provide Agency access to the GIS and Assessor Data only upon the conditions
and based upon the representations and warranties set forth in this Agreement. In order to obtain
specific Assessor Data, Agency must request Assessor Data by filing the attached exhibits with the
Department of Automation of the CCAO (each such request, an "Information Request"). Each
Information Request is subject to approval of the CCAO.
SECTION 4. LIMITED LICENSE TO USE.
Subject to the provisions of this Agreement, the CCAO hereby grants to Agency a non-exclusive, non-
transferable license to use the Assessor Data only as specifically provided for in this Agreement.
Agency acknowledges that the title, copyright and all other rights to the GIS and Assessor Data remain
with the CCAO and/or Cook County. Neither Agency nor any other authorized user shall have any
right, title or interest in the GIS or Assessor Data except as expressly described herein. The CCAO
reserves the right to withdraw from the GIS and/or Assessor Data any item or part of an item for which
it no longer retains ownership rights or which it has reasonable grounds to believe infringes copyright or
is unlawful or otherwise objectionable.
SECTION 5. TERM AND EXTENSION.
This Agreement is for one year, effective from the date of execution. It will be extended annually for
terms of one year each, unless, at least 30 days prior to the expiration of any term, either party notifies
the other in writing of its intent not to renew the Agreement.
SECTION 6. DISCLAIMER OF WARRANTIES.
The GIS and the Assessor Data is provided "as is" without any warranty or representation whatsoever,
including any representation as to accuracy, timeliness, completeness, infringement of rights of privacy,
copyright or trademark rights or disclosure of confidential information. All burdens, including any
burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the
appropriateness for use, rests solely on Agency and/or the requester. The CCAO and Cook County
make no warranties, express or implied, as to the use of the GIS. There are no implied warranties of
merchantability or fitness for a particular purpose. There is no warranty to update any of the
information provided hereunder. THE CCAO AND COOK COUNTY EXPRESSLY DISCLAIMS
ANY AND ALL REPRESENTATIONS OR WARRANTIES (EXPRESS OR IMPLIED, ORAL OR
WRITTEN) RELATING TO THE GIS AND/OR ASSESSOR DATA, INCLUDING BUT NOT
LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE,
ACCURACY, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
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PURPOSE. Agency acknowledges and accepts the limitations of the GIS and the Assessor Data,
including the fact that the GIS and Assessor Data are dynamic and are in a constant state of
maintenance, correction and update.
SECTION 7. LIMITATION OF LIABILITY.
AGENCY EXPRESSLY AGREES THAT NO MEMBER, OFFICIAL, EMPLOYEE,
REPRESENTATIVE OR AGENT OF THE CCAO OR COOK COUNTY, OR THEIR RESPECTIVE
SUCCESSORS, HEIRS OR ASSIGNS, SHALL BE LIABLE, WHETHER INDIVIDUALLY OR
PERSONALLY OR OTHERWISE, TO AGENCY OR ANY OTHER PERSON OR ENTITY, OR
THEIR RESPECTIVE SUCCESSORS, HEIRS OR ASSIGNS, FOR ANY LOSS OR CLAIM,
INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY
OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL DATA OR IN THE EVENT OF
ANY DEFAULT OR BREACH BY THE CCAO UNDER THIS AGREEMENT OR ANY
INACCURACY OF THE GIS OR ASSESSOR DATA, IN ANY WAY ARISING FROM OR
RELATING TO THIS AGREEMENT OR RESULTING FROM THE USE OR INABILITY TO USE
THE GIS AND/OR ANY ASSESSOR DATA.
SECTION 8. AGENCY INDEMNIFICATION.
Agency agrees to hold harmless and indemnify the CCAO and Cook County, its commissioners,
officers, agents, employees, representatives and affiliates, and their respective heirs, successors and
assigns, from and against, and defend, at its own expense (including reasonable attorneys', accountants'
and consultants' fees), any suit, claim, action or proceeding brought by any third party against the
CCAO, Cook County or any commissioner, officer, agent, employee, representative or affiliate of the
CCAO or Cook County arising out of or incident to the performance or nonperformance of this
Agreement by CCAO, Cook County, Agency or any other entity. To the extent that the CCAO or Cook
County incurs administrative expenses including attorneys' fees during Agency's defense of any claim,
Agency shall reimburse the CCAO or Cook County, as appropriate, for all such expenses. The
provisions of this Section shall survive the termination of this Agreement.
SECTION 9. APPLICABLE LAW.
This Agreement shall be interpreted and construed in accordance with, and governed by, the laws of the
State of Illinois, excluding any such laws that might direct the application of the laws of another
jurisdiction. Venue shall be in a court of competent jurisdiction located within the County of Cook,
Illinois. The CCAO and Agency each acknowledge the existence of state and other applicable law
defining the duties and responsibilities of each party regarding real estate taxation and other
governmental functions. No part of this Agreement has the effect of or is intended to impact any
applicable legal duty of either party under existing law, especially the Illinois Property Tax Code, 35
ILCS 200/1 et sea. Both parties remain responsible under applicable law for performing all stated
duties and responsibilities.
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SECTION 10. CONFIDENTIALITY.
Agency acknowledges and agrees that information regarding this Agreement, and portions of the GIS
and Assessor Data and other information disclosed hereunder, is confidential and shall not be disclosed,
directly, indirectly or by implication, or be used by Agency in any way, whether during the term of this
Agreement or any time thereafter, except solely in accordance with the official purposes set forth above.
All such Assessor Data and the GIS shall be treated in confidential manner, except as otherwise
expressly stated in a written document.
SECTION 11. MISCELLANEOUS.
(a) This Agreement constitutes the entire agreement between the parties and supersedes all prior
agreements, understandings, negotiations and discussions, whether oral or written, in relation to
the matters dealt with herein. There are no representations, warranties, collateral agreements or
conditions to this Agreement, except as expressly stated in this Agreement.
(b) The section headings are for reference and information purposes only, and shall not affect in any
way the meaning or interpretation of this Agreement. References to singular shall include the
plural and to plural shall include the singular. References to a person shall include a corporate
or government body. Words such as "including" and similar expressions shall not be read as
words of limitation.
IN WITNESS WHEREOF, the parties have executed this Agreement by their respective authorized
representatives as of the date first written above.
COOK COUNTY
ASSESSOR'S OFFICE
Michael Stone
Chief Deputy Assessor
Cook County Assessor's Office
Matthew Roan
Signature:
Matthew Roan
Print Name.
Title: Deputy Village Manager
Agency Name: village of Elk Grove Village
Telephone Number:
(847) 357-4004
Exhibit A: Statement of Official Purpose
Our community's GIS system holds over 300 feature classes, many of which are
supported by county GIS data. This request for county GIS data helps keep our data
current, supports our processes of creating and viewing maps, selecting and querying
database information, analyzing geographic data, using directly with other community
data, deriving additional information, and displaying in community applications.
Exhibit B: Assessment Data
Village of Elk Grove Village ("Agency") hereby requests access to assessment data in
accordance with the Agreement, dated March 1 2011, between Agency and the Cook County
Assessor's Office (the "CCAO").
The CCAO has developed a file of assessment data, which is maintained on the Cook County
Mainframe. The CCAO will make the file of assessment data available to Agency, subject to the terms
and restrictions and limitations as set forth in the Agreement. A data dictionary is available upon
request.
Agency requests assessment data based on the following geographic area (select area by completing one
of the blanks below):
❑ Tax Codes:
IJ Municipality: Village of Elk Grove Village
with a one mile buffer
❑ Permanent Index Number range: Attach additional sheet if necessary
❑ Township:
Requested by
Name: Matthew Roan
Signature: Matthew Roan
Date: March 1, 2011
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Exhibit C: Property Imaees
Village of Elk Grove village ("Agenc") hereby requests access to property images in
accordance with the Agreement, dated March 1 zoll, between Agency and the Cook County
Assessor's Office (the "CCAO').
The CCAO has developed a computerized database of property images. The CCAO will make this
computerized database of property images available to Agency in JPEG format, subject to the terms and
restrictions and limitations as set forth in the Agreement. In addition to the property images, the CCAO
will provide a file containing Permanent Index Number(s), property image capture date, and a list of
Permanent Index Number(s) that have no property image assigned. A data dictionary is available upon
request.
Agency requests assessment data based on the following geographic area (select area by completing one
of the blanks below):
❑ Permanent Index Number range: Attach additional sheet if necessary
❑ Municipality:
❑ Year 1998 Photos
❑ Year 2007 Photos
Not requested
Requested by
Name: Matthew Roan
Signature: Matthew Roan
Date: March 1, 2011
Exhibit D: Digital Orthoahotograahv (Aerial Photos)
Village of Elk trove village ("A enc ') hereby requests access
orthophotography (aerial photos) in accordance with the Agreement, dated march
between Agency and the Cook County Assessor's Office (the "CCAO").
to digital
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The CCAO has developed a computerized database of digital orthophotography (aerial photos). The
computerized database of digital orthophotography for Cook County contains 4,486 tiles. The CCAO
will make the computerized database of digital orthophotography available to Agency, subject to the
terms and restrictions and limitations as set forth in the Agreement. The digital orthophotgraphy will be
provided in .tif or .sid format. In addition to the digital orthophotography, the CCAO will provide a
shapefile containing an index of all the tiles for Cook County. Metadata is available upon request.
Agency requests assessment data based on the following geographic area (select area by completing one
of the blanks below):
❑ Municipality:
❑ Township:
❑ Year 1998 Photos
❑ Year 2003 Photos
Not requested
Requested by
Name: Matthew Roan
Signature: Matthew Roan
Date: March 1 2011
Exhibit E: Planimetric data
Village of Elk Grove village ("A enc ') hereby requests access to planimetric data in
accordance with the Agreement, dated March 1 2011, between Agency and the Cook County
Assessor's Office (the "CCAO").
The CCAO has developed a computerized database of geographic information system (GIS). This
computerized database consists of both planimetric data and cadastral data. The CCAO will make the
computerized database of planimetric data available to Agency, subject to the terms and restrictions and
limitations as set forth in the Agreement. The planimetric data is maintained using ESRI's ArcGIS
software and is in a geodatabase format specific to ESRI's product line. Metadata is available upon
request.
Agency requests assessment data based on the following geographic area (select area by completing one
of the blanks below):
❑ Permanent Index Number range: Attach additional sheet if necessary
❑ Municipality:
❑ Township:
Not requested
Requested by
Name: Matthew Roan
Signature: Matthew Roan
Date: March 1 2011
Exhibit F: Cadastral data
Village of Elk Grove Village ("A enc ") hereby requests access to cadastral data in
accordance with the Agreement, dated March 1 zolm between Agency and the Cook County
Assessor's Office (the "CCAO").
The CCAO has developed a computerized database of geographic information system (GIS). This
computerized database consists of both planimetric data and cadastral data. The CCAO will make the
computerized database of cadastral data available to Agency, subject to the terms and restrictions and
limitations as set forth in the Agency Agreement. The cadastral data is maintained using ESRI's
ArcGIS software and is in a geodatabase format specific to ESRI's product line. Metadata is available
upon request.
Agency requests assessment data based on the following geographic area (select area by completing one
of the blanks below):
❑ Permanent Index Number range: Attach additional sheet if necessary
❑ Municipality:
❑ Township:
Not requested
Requested by
Name: Matthew Roan
Signature: Matthew Roan
Date: March 1, 2011
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Exhibit G: Digital Terrain data
Village of Elk Grove village ("A enc ') hereby requests access to digital terrain data
in accordance with the Agreement, dated March 1 2 013 , between Agency and the Cook County
Assessor's Office (the "CCAO").
The CCAO has developed a computerized database of geographic information system (GIS). This
computerized database includes digital terrain data. The CCAO will make the computerized database of
digital terrain data available to Agency, subject to the terms and restrictions and limitations as set forth
in the Agency Agreement.
Agency requests assessment data based on the following geographic area (select area by completing one
of the blanks below):
❑ Municipality:
❑ Township:
Not requested
Requested by
Name: Matthew Roan
Signature: Matthew Roan
Date: March 1, 2011
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Exhibit H: Lidar data
Village of Elk Grove village ("A enc ') hereby requests access to lidar data in
accordance with the Agreement, dated March 1 2011, between Agency and the Cook County
Assessor's Office (the "CCAO").
The CCAO has developed a computerized database of geographic information system (GIS). This
computerized database includes lidar data. The CCAO will make the computerized database of digital
terrain data available to Agency, subject to the terms and restrictions and limitations as set forth in the
Agency Agreement.
Agency requests assessment data based on the following geographic area (select area by completing one
of the blanks below):
❑ Municipality:
❑ Township:
Not requested
Requested by
Name: Matthew Roan
Signature: Matthew Roan
Date: March 1, 2011
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Exhibit I: Oblique Aerial Imagery
Village of Elk Grove village ("Agenc") hereby requests access to oblique aerial
imagery in accordance with the Agreement, datedmarch 1 2011, between Agency and the Cook
County Assessor's Office (the "CCAO").
The CCAO has developed a computerized database of geographic information system (GIS). This
computerized database includes Oblique Aerial Imagery data. The CCAO will make the computerized
database of Oblique Aerial Imagery data available to Agency, subject to the terms and restrictions and
limitations as set forth in the Agency Agreement.
Agency requests assessment data based on the following geographic area (select area by completing one
of the blanks below):
❑ Municipality:
❑ Township:
Not requested
Requested by
Name: Matthew Roan
Signature: Matthew Roan
Date: March 1, 2011
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