R-19-10 - Intergovernmental Data Sharing Agreement with Cook Countyesolution No -1 cp i G
A RESOLUTION APPROVING AN INTERGOVERNMENTAL .1 >ATA S .'" NG
AGREEMENT WITH THE COOK C UNTY 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.
PASSE AN 1i APPROVED BY THE PRESI I ENT AND IOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AN
DUPAGE, ILLINOIS, on this 22nd day of February, 2010.
AYES NAYS ABSENT ABSTAIN
Debby Blatzer i!
Paul Chialdikas
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Clifford Miklos
Ron Stapleton V
Rick Sniegowski
Jeanette Virgilio
Approved by me this 22 "d day of February, 2010
BRIAN K. REAVES, Village President
Attest:
CHARLENE M. SMOLLEN, Village Clerk
AGREEMENT
FO ACCESS TO GE GRAPHIC INF ATION SYSTEM
This AGREEMENT is entered into as of the day of 1..4la
4r 1FiLc � Co f LEt'Yac.r11-
(the "CCAO ").
, 20 , by and between
( "Agency ") and the Cjk 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 in performing its official purposes (as described in Exhibit A). y for or
Assessor Data, without express written consent of the CCAO, is strictly prohibited, use of the GIS e
display, sale, transfer, lease, dissemination or lease of the GIS or Assessor pD to lin anylocdtio for
manner in its current form, derivative or altered form, or otherwise. Any such prohibited use shall be
Y location or
deemed to be a breach which warrants immediate termination of this Agreement. This Sectio
survive the termination of this Agreement. n shall
SECTION 3. INFORMATION PROVIDED.
The CCAO agrees to provide Agency access to the GIS and Assessor Data onl y 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
Department of Automation of the CCAO (each such request, an "Information Re uest" . t
Information Request is subject to approval of the CCAO. Q ) Each
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 A reeme
Agency acknowledges that the title, copyright and all other rights to the GIS and Assessor Data rem
nt.
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 any
reserves the right to withdraw from the GIS and /or Assessor Data any item or part of an item for CC
it no longer retains ownership rights or which it has reasonable grounds to believe infringes copyright unlawful or otherwise objectionable. g pyright or
SECTION 5. TERM AND EXTENSION.
This Agreement is for one year, effective from the date of execution. It will be extended annu ally for
terms of one year each, unless, at least 30 days prior to the expiration of any term, either art noti
the other in writing of its intent not to renew the Agreement. P Y fies
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 cy,
copyright or trademark rights or disclosure of confidential information. All burdens, including
burden for determining accuracy, completeness, timeliness, merchantability and fitness for or by 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 County
merchantability or fitness for a particular purpose. There is no warranty to update any of
ties of
information provided hereunder. THE CCAO Y the
ANY AND ALL REPRESENTATIONS OR WAND COOK COUNTY EXPRESSLY DISCLAIMS
WRITTEN) RELATING TO THE GIS AND/OR ASSESSOR DATA, INCLUDING ORAL OR
LIMITED TO ANY AND ALL IMPLIED W NG BUT NOT
ACCURACY, COMPLETENESS, MERCHANTABILITY OF
FIITNEUSS OR PERFORMANCE, PARTICULAR
AR
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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 seq. 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 his
Agreement or any time thereafter, except solely in accordance with the official purposes set forth above.
his
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 suersedes all
agreements, understandings, negotiations and discussions, whether oral or wr ten, in relation prior
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 author'
representatives as of the date first written above. zed
COOK COUNTY
ASSESSOR'S OFFICE
Michael Stone
Chief Deputy Assessor
Cook County Assessor's Office
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Signature:
Print Name
Title:
Agency Name:
Telephone Number:
Exhibit A: Statement of Official Purpose
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)Exhibit Assessment I ata
accordance with the Agreement, dated
Assessor's Office (the "CCAO "). , between Agency and the Cook County
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
and restrictions and limitations as set forth in the Agreement. A data dictionary is available the terms
request. y azlable upon
ng geographic area (select area by of the blanks below):
Agency requests assessment data based on the following one
("Agency") hereby requests access to assessment data in
❑ Tax Codes:
❑ Municipality:
❑ Permanent Index Number range: Attach additional sheet if necessary
❑ Township:
Requested by
Name:
Signature:
Date:
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Exhibit C: Pro nerty 1[m ages
(" A enc ") hereby requests access to property images in
accordance with the Agreement, dated
Assessor's Office (the "CCAO "). ,between Agency and the Cook County
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 Y is available upon
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
Requested by
Name:
Signature:
Date:
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Exhibit D: Di ital Ortho hoto rah Aerial Photos
ortho hoto rah ("Agency") hereby requests access to digital
P g p y (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 hoto s). The
computerized database of digital orthophotography for Cook County contains 4,486 tiles. The CCAO
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will make the computerized database of digital orthophotography available to Agency, subject to
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 re uest.
q
Agency requests assessment data based on the following geographic area (select area by completing
of the blanks below): p g one
❑ Municipality:
❑ Township:
❑ Year 1998 Photos
❑ Year 2003 Photos
Requested by
Name:
Signature:
Date:
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Exhibit E: Planimetric data
( "A enc ") hereby requests access to planimetric data in
accordance with the Agreement, dated
Assessor's Office (the "CCAO "). ,between Agency and the Cook County
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): p g
❑ Permanent Index Number range: Attach additional sheet if necessary
❑ Municipality:
❑ Township:
Requested by
Name:
Signature:
Date:
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Exhibit F: Cadastral data
( "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
❑ Municipality:
❑ Township:
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Exhibit G:
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igital 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:
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Exhibit H: Lidar data
( "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:
❑ Municipality:
❑ Township:
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Exhibit Y: 1?blique Aerial I[ma2ery
( "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:
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