Digital Base Map Participant Agreement with ACHD,
AGREEMENT NO . Q `~ ~~ ~
DIGITAL BABE MAP PAItTICIPANT AGREEMENT
THIS AGREEMENT is entered into this ~~ day of
, 1992, between the County of Ada, a political
subdivision of the State of Idaho (the County) and the Ada County
Highway District (the Participant).
WHEREAB, the County owns and maintains an automated base
map which assembles current and accurate planimetric data in
diqital form together with accompanying map-related data such as
bodies of water, street names, corporate city limits, and other
features; and ~
WBEREAB, the County recognizes the benefits of
cooperatively sharing this base map with other agencies, both in
terms of costs associated with updating and maintaining the base
map and in terms of economies of scale accomplished when several
Participants share resources in a base map; and
WHEREAB, the Participant also recognizes the benefits of
this cooperative effort, supports the policies set forth herein,
and would like to participate in the base map use and development
of Geographic Information System technology;
NOW, THEREFORE, the parties agree to the following:
DIGITAL BASE MAP PARTICIPANT AGREEMENT - PAGE 1
I.
DEFII~TITIONS
p,. "This Aareement" - The Digital Base Map Participant
Agreement contained in this document.
g, "Base Ma~" - The digital cadastral land base, planimetric
features, and associated data owned and maintained by the County
with features which are more particularly described in Exhibit "A" .
C, "Participant Base Mav Coverac~e_" -~Y databases
compatible with the Base Map or its associated data which are owned
and maintained by a party other than the County but which may be
distributed by the County for the convenience of the Participant.
D, °Base Ma~ IIpd__ates" - Changes to the Base Map due to
information recorded with the County and other modifications which
may be made in the Base Map from time to time and which are made
available to the Participant on a regular basis.
E, "Contract Area" - Those Public Land Survey System (PLSS)
sections of the Base Map as set forth in Exhibit "B" which the
Participant has contracted with the County to utilize for the
duration of this contract and for which the County has agreed to
provide periodic updates to the Participant.
F, "Count "- The County of Ada, State of Idaho, a political
subdivision of the State of Idaho.
G, "Participant" - The governmental entity, public utility,
firm, or corporation which pays a fee for access to a Contract Area
within the Base Map, shares Base Map compatible data with the
County, and otherwise complies with the terms of this Agreement, in
this case the Ada County Highway District.
DIGITAL BASE MAP PARTICIPANT AGREII~IENT - PAGE 2
H. "Non-Participant" - Any governmental entity, public
utility, firm, or corporation which contracts with the County and
pays a fee to the County for access to the Base Map but which does
not share Base Map data with the County according to the provisions
of this Agreement.
I. "Workina Day" - Any weekday, Monday through Friday, which
is not a declared holiday for the County employees.
II•
DIITIEB OF THE COIINTY
A. Base Map Distribution. The County agrees to distribute
a complete digital copy of the Contract Area in either ARC/INFO
format or STRINGS format as desired by the Participant, within
forty-five (45) calendar days of notification to the County by the
Participant, or as mutually agreed to. IIpon conversion to ARC/INFO
format by the Participants who use STRINGS format, the County
agrees to distribute, upon request from the Participant, a complete
digital copy of the Contract Area within fifteen (15) working days
of notification.
B. Maintenance Methods. Maintenance methods shall be
determined by the County with recommendation from Participants.
The County shall make every reasonable effort to maintain the
accuracy and quality of the Base Map using maintenance procedures
that, as closely as possible, preserve the coordinate geometry
characteristics built into the original digital Base Map structure,
DIGITAL BASE MAP PARTICIPANT AGREIIKENT - PAGE 3
including, but not limited to, consistent standards for the
coordinate system, the datum, and retention of the National Mapping
Accuracy Standards.
C. Maintenance Schedule. The County shall maintain the Base
Map in a timely manner using appropriate records and information
derived from the County, the Participant, and other sources.
Except for circumstances beyond the control of the County or for
the entry of data which would compromise the accuracy of the Base
Map, the County shall update the Base Map with data from documents
recorded with the Ada County Recorder' s Of f ice within f ifteen (15 )
working days after the day the information is recorded with the
County, or in the case of data from outside sources, within fifteen
(15) working days from the day the information is received by the
County. Said updates will be available to the Participant on the
next regular distribution of updates as provided below.
D. Distribution of IIr~dates. The County shall provide
updates for the Contract Area to the Participant two (2) times
monthly on the first and third Wednesday of the month or on a
schedule mutually agreed to by the parties. The County shall
include with each update a list of PLSS sections of the Contract
Area affected and a list of subdivisions for which Base Map updates
have been processed since the last update was distributed to
Participant.
E. Correction of Errors. The County shall make every
reasonable effort to correct errors within twenty-one (21) calendar
days of notification by Participants or on a mutually agreed upon
schedule.
DIGITAL BASE MAP PARTICIPANT AGREIIKENT - PAGE 4
F. Notice of Changes. Subject to the provisions of Section
III.B, in the event a change is made, the County shall provide
notice and an explanation to the Participant of any changes made in
the Base Map, Base Map standards or format, or Participant Base Map
Coverage, as soon as such information is available.
G. County Contact. The County agrees to name Mike
McClenahan, Ada County GIS Manager, to be the primary liaison
between the County and the Participant for implementation of this
Agreement. Participants shall be notified of any changes to this
appointment within fourteen (14) calendar days.
H. Coo~erative Development of Technoloav. The County shall
work with all Participants to establish procedures for sharing and
developing data compatible with the Base Map, specifically
including, but not limited to, Participant Base Map Coverages.
III.
RIGHTB AND PRIVILEGEB OF THE PARTICIPANT
A. Fee Review. The Participant will have the opportunity to
participate with the County and other Participants in an annual
review and determination of Participant fees.
B. Advisory Role. The Participant will have the opportunity
to participate with the County and other Participants in an
advisory role on future directions for the Base Map, compatible
data development, development of Participant Base Map Coverages,
data maintenance methods, and other policy matters related to the
Base Map. All Participants will work cooperatively, together with
the County, to develop Geographic Information System technology.
DIGITAL BASE MAP PARTICIPANT AGREIIKEDTT - PAGE 5
C. User Group. The Participant will have the opportunity to
participate regularly with the County and other Participants in
user-group meetings.
IV.
DIITIES OF THE PARTICIPANT
A. Fees. The Participant shall pay an annual fee in the
amount of Thirty Thousand One Hundred Fifty-Six and No/100 Dollars
($30,156.00) for the right to have a current copy of the Base Map
for the Contract Area and to receive Base Map updates. The
Participant agrees to pay this f ee to the County in twelve (12 )
equal monthly installments of Two Thousand Five Hundred Thirteen
and No/100 Dollars ($2,513.00), within thirty (30) days of receipt
of the County's invoice for the same.
B. Svstem Compatibilitv. The Participant understands that
the County is currently converting the Contract Area for the
Participant from ARC/INFO work station format to PC ARC/INFO Single
Precision format to acco~nodate the Participant's computer system.
This process will continue through December 31, 1992.
C. Distribution of Base Map IIpdates. The Participant agrees
to provide the medium onto which updates of the Base Map shall be
copied by the County and to accept responsibility for pickup and
delivery of distribution media. The participant will verify the
acceptability of the update and notify the County if any problem
exists within the next distribution cycle.
D. Base Map Corrections. The Participant agrees, within a
reasonable time of discovery, to inform the County of any errors
DIGITAL BASE MAP PARTICIPANT AGREEMENT - PAGE 6
the Participant discovers in the Base Map or Participant Base Map
Coverages. The participant shall document such errors on a report
form provided by the County (See Exhibit "C") along with any other
relevant documentation.
E. Covvriaht. The Participant agrees to uphold the County's
copyright of the Base Map and further agrees not to resell, lease,
or give away any portion of the digital version of the Base Map.
The Participant agrees that the County shall have sole right to
control the commercial exploitation or other distribution of any
digital versions of the Base Map. The Participant agrees to affix
the copyright symbol "m" to all paper copies of any portion of the
Base Map which the Participant sells or otherarise provides to any
person or entity.
F. One-Time Uses. The Participant may grant a one-time
digital access to the Base Map for the Contract Area to firms
contracting with the Participant in the furtherance of the
Participant's interests. The Participant shall require
subcontractors utilizing digital access to duly execute the
document attached as Exhibit "D", relieving the County of liability
and protecting the County's copyright interest, and deliver a fully
executed copy of this document to the County in a timely manner.
G. Co~^ vinQ• Except as provided in this contract, the
participant shall not allow any copies of the Base Map or Base Map
updates to be provided to any other individual, governmental
entity, public utility, firm, or corporation who is not also a
Participant. The Participant may, with written permission from the
DIGITAL BASE MAP PARTICIPANT AGRE~iT - PAGE 7
County, agree to provide Base Map updates to another Participant
whose Contract Area is equal to or smaller than, and wholly within,
the Participant's Contract Area.
H. Participant Recommendation. The Participant shall
recommend a senior staff person for appointment by the Board of
County Commissioners to be the Participant's primary representative
to the County for implementation of this Agreement and for policy
recommendations for future agreements. Such appointment may be
nullified by either the County or Participant at any time by thirty
(30) days notice to the other party.
I. Participant Contact. The Participant agrees to name
Diane Holloran to be the primary liaison between the Participant
and the County for implementation of this Agreement. The County
shall be notified of any changes to this appointment within
fourteen (14) calendar days.
v.
GENERAL PROVISIONB
A. Term. The term of this Agreement shall be from October
1, 1992 until September 30, 1993; however, the parties may annually
renew this Agreement by mutual agreement in writing and execute
such renewal as an addendum to this Agreement.
B. Non-a~~ropriation. The Parties understand that, because
of the limits of the Idaho Constitution, should the County or other
public entity under similar constraints decide not to appropriate
DIGITAL BASE MAP PARTICIPANT AGREII~NT - PAGE 8
funds to continue its Base Map effort, there can be no obligation
for the County or other such public entity to continue to
participate in the Base Map.
C. Indemnification. The Participant shall hold the County,
its officers, agents, and employees harmless for any inaccuracies
or errors in any mapping layers created by the County for use by
the Participant with the Base Map arising from any claims based
upon the Participant's use of said mapping layers.
The County shall hold the Participant, its officers,
agents, and employees harmless for any inaccuracies or errors in
any Participant Base Map Coveraqes created by the Participant and
used by the County with the Base Map or from any claims based upon
the County's use of these coverages.
D. Failure to Perform. The parties recognize that failure
on the part of the County to meet the maintenance schedule
obligations under this Agreement may occur. Such failure may be
due either to circumstances beyond the reasonable control of the
County or to circumstances reasonably under the control of the
County. In the latter case, the county shall forfeit a part of a
payment based on the proportion of a scheduled update not provided
to a Participant in a timely manner.
E. Termination. This Agreement may be terminated by either
party for any reason upon sixty (60) days prior written notice.
Upon termination, the Participant shall be allowed to retain and
own a current copy of the Contract Area Base Map. Such a copy
shall be for internal use only, except for that access allowed
DIGITAL BASE MAP PARTICIPANT AGREII~TT - PAGE 9
herein under the title of one-time uses; provided, however, the
County~s copyright protection shall continue with no rights of
resale by the Participant. Upon termination, the Participant shall
have no right to future updates from the County under this
Agreement.
Should the County no longer be able to maintain the Base
Map, the Participant shall be provided sixty (60) days notice from
the County and the Participant may maintain the Base Map
independently and negotiate with the County regarding copyrights.
F. Other Aareements. No prior or contemporaneous agreement
between the County and the Participant, or any third party, shall
be incorporated into this Aqreement, including any agreement
between the Participant and any other Base Map data provider, past
or future.
G. Additional Participants. The parties recognize that upon
entering this Agreement, and at times during the term of this
Agreement, the County may contract with other agencies to promote
cooperative base map utilization. The Participant understands that
new Participants will pay a fee based on the formula set forth in
this Agreement, prorated for the duration of their agreement with
the County. The County shall credit these new fees when
calculating fees for Participants in the subsequent year. The
parties agree that all Non-Participant revenues shall be retained
by the County for the sole use and benefit of the County.
H. Resolution of Dis~utes. Any disputes pursuant to this
Agreement which cannot be resolved by negotiation between the
DIGITAL BASE MAP PARTICIPANT AGREIIKEATT - PAGE 10
parties shall be decided under ldaho law with venue in the Fourth
Judicial District, Ada County, Idaho. In the event of such
litigation, the prevailing party shall be entitled to reasonable
attorney fees.
I. Savinas Clause. In the event that, for any reason, any
provision of this Agreement is found to be unenforceable, the
remaining provisions of this Aqreement shall continue in full force
and effect.
J. Authoritv. The parties warrant that the signatories have
the authority to bind each party whether the party be a public
entity or private person, firm, or corporation.
BOARD OF ADA COIIN'PY CO~I88IONERB
Hy:
~
~
ATTEBT:
~ 1 ~~2 ~
d. David Navarro, Ada County Clerk
DIGITAL BASE MAP PARTICIPANT AGREEMENT - PAGE 11
PARTICIPANT
ADA COIINTY HIGHWAY DIBTRICT
/
By: . /~ ~ ~
Char es . inder, President
By: `~ Ct~~,~,.a-, rZ ~~^-~. .
J~me~ E. Bruce, Vice President
By: 1
G enn J./Rhodes, Secretary
/
STATE OF IDAHO )
) ss.
County of Ada )
On this ,~ day of 1992, before me, a
Notary Public, personally appeare ~~~, . ./,: ,
a~ ~ known or
~~4_2.u~~ ~ .~2,~_~_l i ~ `~ •
~~ iSTentified to me to be the - ' of the
~ ' that executed the instrwne or the person who executed
~~~'the instrument on behalf of said , and acknowledged to
me that such c~-~~osa~~ t,i~on executed the same .
~,2~
~ , z~
~ Notary Public for ldaho
Commission Expires ~~ ,
DIGITAL.BASE.MAP PARTICIPANT AGREEMENT - PAGE 12
ESHIHIT "A"
ADA COIINTY DIGITAL BABE MAP COVERAGES AVAII~ABLE TO PARTICIPANTS
S COVERAGE FEATURES:
POLYGONS IDENTIFIER COLOR
tax parcels parcel number magenta
LINES LAYER COLOR
Perennial Stream 31 blue
Intermittent Stream 32 blue
Wide Perennial Stream 33 blue
Lake or Reservoir 34 blue
Irrigation Canal 35 blue
Ditches 3~ or wider 38 blue
Sub Lot or Parcel 45 magenta
Section Land/Parcel 46 magenta
Record of Survey 47 cyan
R-O-W Road 86 green
R-O-W Irrigation 87 green
R-O-W Railroad 88 green
Sub Bound-Existing 96 yellow
Sub Bound-Within 98 yellow
Centerline 103 white
Section Line 17 white
TEXT SIZE COLOR
Parcel Number 12 magenta
Subdivision Name 25 white
Lot Number 10 white
Block Number 15 white
R COVERAGE FEATURES:
LINES LAYER COLOR
Interstate 1 red
Principal Arterial 2 red
Minor Arterial 3 red
Collector 4 red
Local Road 5 red
Dirt Road 6 red
Proposed Road 7 red
Railroad 8 red
Alley 9 red
Collector Streets 10 red
Bike Path-Existing 11 green
Bike Path-Proposed 40 yellow
Bike Path-Unpaved 39 yellow
EXHIBIT "A" - PAGE 1
• Jeep Trails 12 red
Runway 13 red
Dams 14 red
Rural Roads 15 red
Section line 17 white
Perennial Stream 31 blue
Intermittent Stream 32 blue
Wide Perennial Stream 33 blue
Lake or Reservoir 34 blue
Irrigation Canal 35 blue
Ditch 3' or wider 38 blue
TEXT SIZE COLOR
Road Names 20 white
Water 20 white
Section Cor Numbers 18 white
EX COVERAGE FEATURES:1
LINES LAYER. COLOR
Preliminary Sub Bound 97 yellow
TEXT SIZE COLOR
Preliminary Sub Name
and Developer Name 30 white
ACLIMITS COVERAGE FEATIIRES:
LINES LAYER COLOR
Boise City Limits 170 white
Eagle City Limits 171 white
Meridian City Limits 172 white
ICuna City Limits 173 white
Garden City Limits 174 white
1By October 1, 1992, the information in the EX COVERAGE will
contain preliminary plats received by Ada County between May 1,
1992, and September 14, 1992. ,By January 1, 1993, the EX COVERAGE
will contain all known preliminary plats considered to be active by
and based on information supplied by the Participant.
EXHIBIT "A" - PAGE 2
CENTERLINE COVERAGE FEATURES:
LINES LAYER COLOR
Principal Arterial 102 blue
Minor Arterial 104 green
Collector 105 orange
Section Line Road 106 magenta
Interstate 101 red
Local Road 103 white
APA Added Roads 55 yellow
Railroad 90 red
Airport 13 red
County Boundary 15 gray
TEXT SIZE COLOR
Main Road Names 130 white
Local Roads 90 white
Space Saver 80 white
Geographic Names 140 white
Town 450 white
County Name 200 white
Location Number 130 white
EXHIBIT "A" - PAGE 3
EBHIBIT "B"
BASE MAP PARTICIPAIJT CONTRACT AREA BY PL88 SECTION
FOR ADA COIINTY BIGHWAY DIBTRICT
Ada County Highway District receives base map updates from Ada
County of all the PLSS sections and partial sections within Ada
County as part of this Agreement.
EXHIBIT "B" - PAGE 1
- E}4iIBIT "C"
ADA COUNTY GEOGRAPHIC INFORMATION SYSTEM -
DIGITAL LANDBASE MAP
DATA PARTICIPANT PROBLEM REPORT
Subscriber. Date:
Contac~ Phone:
PROBLEM DESCRtPTION PRIORITY
1 2 3 4 5
Township Range Section 1/4 Section Coverage Feature Type ~n-o. 1 Being Hlghest)
Comments:
Repo~t Entered Into Maintenance Database: YES NO
By Whom:
Erro~ Verification by CIS Staff; YES ND
By Whom:
STEPS TAKEN TO CORRECT PROBLEM
Enor Conected Date:
Time to Fix: Staff Initilals:
Coverage Changed: R S EX
Coverage in ADA PERM Directory: YES NO
Verification Sent to Participan~ ~ YES NO
~lexceqlbrary~llDACPROB.XLS
E~IBIT "D"
PROTECTION OF ADA COIINTY'8 COPYRIGHT TO THE ADA COUNTY BABE MAP
AND WAIVER OF COIINTY LIABILITY
Ada County, a political subdivision of the State of
Idaho, (hereinafter the "County"), maintains a computer base map
(hereinafter the "Map").
(hereinafter "Participant" ) is a
Participant in the County's Map and as such is allowed limited
digital access to the Map. In order for Participant to further its
duties, (hereinafter "Subcontractor") shall be
allowed one-time access to the digital version of Participant's
area of the Map.
Subcontractor hereby agrees to protect the County's
copyright and shall not sell, lease, or otherwise distribute
digital or hard copies of versions of any portions of the Map
without the County's express written permission. IIpon completinq
the obligations of the contract with Participant, Subcontractor
agrees to permanently and completely destroy all base map data
received under this Agreement and to allow the County any
reasonable means of verification. Moreover, the Subcontractor
hereby relieves the County from any liability from Subcontractor's
use of the Map, including any claim that the data is not accurate
or up-to-date. A final copy of this form shall be provided to the
County by Participant within two (2) weeks of its execution.
SIIBCONTRACTOR:
gy.
STATE OF IDAHO )
) ss.
County of Ada )
On this day of , 19_, before me, a
notary public, personally appeared , known or
identified to me to be the person whose name is subscribed to the
within instrument, and acknowledged to me that he executed the
same.
Notary Public for ldaho
Commission Expires
~XHIBIT D - PAGE 1
EBBIBIT "E"
DIBCLAIMER OF ADA COIINTY LIABILITY
Copyrighted by Ada County, who shall not be liable for
inaccuracy or misuse. Any resale or redistribution of this Map
without the express written permission of Ada County is prohibited.
EXHIBIT E - PAGE 1