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R-81-11 Res. Approving Intergovernmental Data Sharing w/Cook County Assessors OfficeVILLAGE OF LEMONT RESOLUTION NO. R-0-11 A RESOLUTION APPROVING AN INTERGOVERNMENTAL DATA SHARING AGREEMENT WITH THE COOK COUNTY ASSESSOR'S OFFICE (GIS RESOLUTION) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 14th DAY OF NOVEMBER, 2011 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, DuPage, and Will Counties, Illinois this 14th day of November, 2011. Resolution No. R- 9-it A RESOLUTION APPROVING AN INTERGOVERNMENTAL DATA SHARING AGREEMENT WITH THE COOK COUNTY ASSESSOR'S OFFICE (GIS RESOLUTION) WHEREAS, the Village of Lemont is constantly evaluating and accessing land use and geographic data within and adjacent to the Village; 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 managing and maintaining its land use; 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 Intergovernmental Agreement, attached to this Resolution as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the Village of Lemont Board of Trustees as follows: The Planning & Economic Development Director and Village Attorney are authorized to finalize an Intergovernmental Agreement between the Village of Lemont and the Cook County Assessor's Office, attached to this Resolution, and the Planning & Economic Development Director is authorized to execute said Intergovernmental Agreement. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, on this 14th day of November, 2011. AYES NAYS ABSENT ABSTAIN Debby Blatzer Paul Chialdikas Clifford Miklos Ron Stapleton Rick Sniegowski Jeanette Virgilio Attest: V v 1 Approved by me this 14th day of November, 2011 BRIAN K. REAVES, Village President CHARLENE M. SMOLLEN, Village Clerk AGREEMENT FOR ACCESS TO GEOGRAPHIC INFORMATION SYSTEM This AGREEMENT is entered into as of the the Village of Lemont (the "CCAO "). day of , 20 , by and between ( "Agency ") and the Cook County Assessor's Office 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 and /or 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 2 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, INCLUIDING 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 seq. Both parties remain responsible under applicable law for performing all stated duties and responsibilities. 3 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 Chief Deputy Assessor Cook County Assessor's Office 4 Signature: Print Name Title: Agency Name: Telephone Number: Exhibit A: Statement of Official Purpose The 'Village of 1. eniont intends to use the Cook County Assessor's data for t following: - To look up property address information, to use address. data for address iabels map products created by the Village to reference address data in assignment of new addresses. - To reference building data as a data source for determining non-conformities and to inform local planning studies. - To reference tax code data as a data source for d.etermiuing local existing land uses and conducting land use analysis. - To reference parcel size data in conducting land use analysis. - To reference when the Village needs to contact a property owner and other sources of contact information are not available. - To reference prN data when verifying zoning of a property, - To use data in the creation of maps for the Village Board. Planning & Zoning Commission. and public reference. - To use data to conduct land use analysis. the results of which may be included in summary land use reports and studies for the Village Board. Planning & Zoning Commission. and public reference, 5 Exhibit B: Assessment Data the Village of Lemont ( "Agency ") hereby requests access to assessment data in accordance with the Agreement, dated , 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): Requested by Name: Signature: Date: ❑ Tax Codes: J Municipality: Village of Lemont ❑ Permanent Index Number range: Attach additional sheet if necessary FL Township: Lemont Township 6 Exhibit C: Property Images ( "Agency ") hereby requests access to property images in accordance with the Agreement, dated , 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): Requested by Name: Signature: Date: ❑ Permanent Index Number range: Attach additional sheet if necessary ❑ Municipality: ❑ Year 1998 Photos ❑ Year 2007 Photos 7 Exhibit D: Digital Orthophotography (Aerial Photos) ( "Agency ") hereby requests access to digital orthophotography (aerial photos) in accordance with the Agreement, dated between Agency and the Cook County Assessor's Office (the "CCAO "). 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): Requested by Name: Signature: Date: ❑ Municipality: ❑ Township: ❑ Year 1998 Photos ❑ Year 2003 Photos 8 Exhibit E: Planimetric data ( "Agency ") hereby requests access to planimetric data in accordance with the Agreement, dated , 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): Requested by Name: Signature: Date: ❑ Permanent Index Number range: Attach additional sheet if necessary ❑ Municipality: ❑ Township: 9 Exhibit F: Cadastral data the Village of Lemont ( "Agency ") hereby requests access to cadastral data in accordance with the Agreement, dated , 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): Requested by Name: Signature: Date: ❑ Permanent Index Number range: Attach additional sheet if necessary 121 Municipality: a Township: Village of Lemont Lemont Township 10 Exhibit G: Digital Terrain data ("Agency") hereby requests access to digital terrain data in accordance with the Agreement, dated , 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): Requested by Name: Signature: Date: ❑ Municipality: ❑ Township: 11 Exhibit H: Lidar data the Village of Lemont ( "Agency ") hereby requests access to lidar data in accordance with the Agreement, dated , 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): Requested by Name: Signature: Date: a Municipality: Village of Lemont DI Township: Lemont Township 12 Exhibit I: Oblique Aerial Imagery ( "Agency ") hereby . requests access to oblique aerial imagery in accordance with the Agreement, dated , 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): Requested by Name: Signature: Date: ❑ Municipality: ❑ Township: 13