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R-45-03 Authorizing Execution Of An Angency Agreement With The Cook County Assessor For The Provision Of Access to InformationRESOLUTION RESOLUTION AUTHORIZING EXECUTION OF AN AGENCY AGREEMENT WITH THE COOK COUNTY ASSESSOR FOR THE PROVISION OF ACCESS TO INFORMATION WHEREAS, the Village of Lemont desires to enter into an agreement with the Cook County Assessor for the purpose of obtaining access to a Geographic Information System and related data for use in performing its official functions; and WHEREAS, the document attached hereto outlines the terms and conditions of the Agency Agreement between the Village of Lemont and the Cook County Assessor. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES that the Village President is hereby authorized to execute the Agency Agreement for the Provision of Access to Information between the Cook County Assessor and the Village of Lemont attached hereto as Exhibit A. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS, on this 23rd day of June , 2003. Debby Blatzer Peter Coules Brian Reaves Steve Rosendahl Ronald Stapleton Jeanette Virgilio Atte il ENE SMOLL N, Village Clerk AYES NAYS PASSED ABSENT IAZZA, Villag Approved as to form: /s/ 6/23/03 JOHN ANTONOPOULOS, Village Attorney AGENCY AGREEMENT FOR THE PROVISION OF ACCESS TO INFORMATION This Agreement is entered into this 231.d day of June, 2003 by and between the Village of Lemont and James M. Houlihan, Assessor of the County of Cook (hereinafter Cook County Assessor). WITNESSETH: WHEREAS, the Cook County Assessor has developed a Geographic Information System (GIS) consisting of Cadastral Data, Planimetric Data, Assessment Data, Property Images and Digital Orthophotography (Aerial Photos); and WHEREAS, the Village of Lemont has requested access to the GIS for use in performing its official functions; and WHEREAS, said GIS is provided to the public and to commercial users for a fee, as permitted by law; and WHEREAS, the Cook County Assessor in the spirit of interagency cooperation desires to make the GIS available, efficiently and without charge, to the Village of Lemont for use in performing its official functions; and WHEREAS, the Village of Lemont acknowledges and agrees that access to said GIS 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 and that any other use, alteration, sale, dissemination, lease or transfer of the GIS by the, or by any employee or agent of same, without written consent of the Cook County Assessor, is prohibited, and shall be deemed to warrant immediate termination of this Agreement. NOW THEREFORE, in consideration of the joint undertakings, 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 and the exhibits following this Agreement are incorporated into and made a part of this Agreement as if fully set forth herein. SECTION 2. INFORMATION PROVIDED. The Cook County Assessor agrees to provide the Village of Lemont access to the GIS. In order to obtain specific GIS information, the Village of Lemont must file one of the attached exhibits with the Department of Automation of the Cook County Assessor's Office. Page 1 of 8 SECTION 3. TERM AND EXTENSION. This Agreement is for one (1) year, effective from the date of execution. It will be extended annually for terms of one (1) year each, unless, at least thirty (30) days prior to the expiration of any term, either party notifies the other in writing of intent not to renew the Agreement. SECTION 4. RESTRICTIONS. The Village of Lemont agrees that access to the GIS described herein is conditioned upon and provided as set forth in this Agreement solely for its use in performing the official functions of the Village of Lemont. Any other use, alteration, sale, dissemination, lease or transfer of the GIS by the Village of Lemont, or by any employee or agent of same, without written consent of the Cook County Assessor, is prohibited, and shall be deemed to be a breach which warrants immediate termination of this Agreement. SECTION 5. LIMITATION OF LIABILITY. The Village of Lemont expressly agrees that no member, official, employee or agent of the Cook County Assessor's Office shall be individually or personally liable to it, its successors or assigns, in the event of any default or breach by the Cook County Assessor's Office under this Agreement, and that neither the Cook County Assessor's Office, nor any member, official, employee or agent thereof, shall be liable for any loss resulting from any inaccuracy in the information provided. The Cook County Assessor expressly agrees that no member, official, employee or agent of the Village of Lemont shall be individually or personally liable to it, its successors or assigns, in the event of any default or breach by the Village of Lemont under this Agreement. SECTION 6. APPLICABLE LAW. The Cook County Assessor and the Village of Lemont 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 seq. Both parties remain responsible under applicable law for performing all stated duties and responsibilities. SECTION 7. DISCLAIMER The GIS is provided "as is" without warranty or any representation of accuracy, timeliness or completeness. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the Village of Lemont. The Cook County Assessor makes 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. The Village of Lemont acknowledges and accepts the limitations of the GIS, including the fact that the GIS is dynamic and is in a constant state of maintenance, correction and update. Page 2 of 8 IN WITNESS THEREOF, the undersigned parties have entered into this Agreement as of the day and year first above written. COOK COUNTY ASSESSOR JAMES M. HOULIHAN VILLAGE OF LEMONT, ILLINOIS HARLENE SMOLLEN, Village Clerk Page 3 of 8 Exhibit A; Assessment Data The Cook County Assessor has developed a file of assessment data, which is maintained on the Cook County Mainframe. The Cook County Assessor will make the file of assessment data available to the Village of Lemont. This information is subject to the restrictions and limitations as set forth in the Agency Agreement dated June 23, 2003. A data dictionary is available upon request. The Cook County Assessor requests that the Village of Lemont select a geographic area based upon one of the following methods: ❑ Tax Codes: ❑ Municipality: ❑ Permanent Index Number range: Attach additional sheet if necessary ❑ Township: Page 4 of 8 Exhibit B; Property Images The Cook County Assessor has developed a computerized database of property images. The Cook County Assessor will make this computerized database of property images available to the Village of Lemont. This information is subject to the restrictions and limitations as set forth in the Agency Agreement dated June 23, 2003. The Cook County Assessor will provide the property images in a JPEG format. In addition to the property images, the Cook County Assessor 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. The Cook County Assessor requests that the Village of Lemont select a geographic area based upon one of the following methods: ❑ Permanent Index Number range: Attach additional sheet if necessary ❑ Municipality: Page 5 of 8 Exhibit C; Digital Orthophotography (Aerial Photos) The Cook County Assessor has developed a computerized database of digital orthophotography (aerial photos). The computerized database of digital orthopho- tography for Cook County contains 4,486 tiles. The Cook County Assessor will make the computerized database of digital orthophotography available to the Village of Lemont. This information is subject to the restrictions and limitations as set forth in the Agency Agreement dated June 23, 2003. The digital orthophotography will be provided in .tif or .sid format. In addition to the digital orthophotography, the Cook County Assessor will provide a shapefile containing an index of all the tiles for Cook County. Metadata is available upon request. The Cook County Assessor requests that the Village of Lemont select a geographic area based upon one of the following methods: ❑ Municipality: ❑ Township: Page 6 of 8 Exhibit D; Planimetric Data The Cook County Assessor has developed a computerized database of geographic information system (GIS). This computerized database consists of Planimetric data and Cadastral data. The Cook County Assessor will make the computerized database of Planimetric data available to the Village of Lemont. This information is subject to the restrictions and limitations as set forth in the Agency Agreement dated June 23, 2003. The Planimetric data is maintained using ESRI's ArcGIS software and is in a Geodatabase format specific to ESRI's 8.x product line. Metadata is available upon request. The Cook County Assessor requests that the Village of Lemont select a geographic area based upon one of the following methods: ❑ Permanent Index Number range: Attach additional sheet if necessary ❑ Municipality: ❑ Township: Page 7 of 8 Exhibit E; Cadastral Data The Cook County Assessor has developed a computerized database of geographic information system (GIS). This computerized database consists of Planimetric data and Cadastral data. The Cook County Assessor will make the computerized database of Cadastral data available to the Village of Lemont. This information is subject to the restrictions and limitations as set forth in the Agency Agreement dated June 23, 2003. The Cadastral data is maintained using ESRI's ArcGIS software and is in a Geodatabase format specific to ESRI's 8.x product line. Metadata is available upon request. The Cook County Assessor requests that the Village of Lemont select a geographic area based upon one of the following methods: ❑ Permanent Index Number range: Attach additional sheet if necessary ❑ Municipality: ❑ Township: Page 8 of 8