HomeMy WebLinkAbout07-204 Resolution No. 07-204
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
THE COOK COUNTY ASSESSOR'S OFFICE FOR
ACCESS TO GEOGRAPHIC INFORMATION SYSTEM
WHEREAS,the Cook County Assessor's Office(the"CCAO")has a geographic information
system("GIS")database that it is willing to make available to the City of Elgin at no cost; and
WHEREAS, GIS data-sharing with the CCAO will allow the City to access GIS and other
data from the CCAO, and facilitate the City's decision-making with respect to land within its
jurisdiction; and
WHEREAS,the City and the CCAO are authorized to enter into this Agreement pursuant to
Article VII, Section 10 of the Illinois Constitution of 1970, the Illinois Intergovernmental
Cooperation Act,5 ILCS 220/1 et seq.,and the City's authority as an Illinois home rule municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN,ILLINOIS,that Jeffrey Massey,MIS Director,is hereby authorized and directed to execute
an agreement on behalf of the City of Elgin with the Cook County Assessor's Office to allow the
City to access the Cook County Assessor's Office's GIS database and other data,a copy of which is
attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: August 8, 2007
Adopted: August 8, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
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AGREEMENT
FOR ACCESS TO GEOGRAPHIC INFORMATION SYSTEM
This AGREEMENT is entered into as of the 20 day of I'5 v S T , 20 O 1, by and between
C:4y oc �� i , (.1-2- 1 n I s ("Agency") and the Cook County Assessor's
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 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 follows:
pAa,n; Ci uP ti\ YV\ ".%-ern ems, yr po4Rf, 1!fwi N.l yw,,
✓►'tartct e 9 ;1ckiA.A. lNn.Spec3, f, {s$-e +.rcrek y`ea..evrt5r 51.1A0 C-NelLI,1 +era41 ..4-y A th-40
VAAA e sat,4 Q\e.�.,A,,.. i pits p,iAt►n + pv0 t wt.rk s ~sap% 9ev,,,4,
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 above). 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
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LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE,
ACCURACY, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
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 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 L it-`/ Yl
ASSESSOR'S OFFICE
Kevin Burden P nt Name: J �•I b. Ma SSe
Chief Deputy Assessor Title: M is
Cook County Assessor's Office Agency Name: C i Ly o F EIbelk
931- 5‘ 412-
(312) 603-7575 Telephone Number:
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Exhibit A: Assessment Data
0- y pc El 9 ) h ("Agency") hereby requests access to assessment data in
accordance with the Agreement, dated Qv9 us 201 6CCR 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:
I7L Municipality: C �� do ,✓1
❑ Permanent Index Number range: Attach additional sheet if necessary
❑ Township:
Requested by m
Name: JeTT 55) -1
Signature:
Date: r ;1 W p� 7
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Exhibit B: Property Images
e y C,��,1� ("Agency") hereby requests access to property images in
accordance with the Agreement, dated( 2 f� 100 , between Agency and the Cook County
Assessor's Office(the"CCAO"). v
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):
0 Permanent Index Number range: Attach additional sheet if necessary
0. Municipality: e,,1 y or �/ J
Requested by J e m i51"-1
Name:ame: Yt
Signature:
Date: 1?ji-466#4:1"7;7
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Exhibit C: Digital Orthophotography (Aerial Photos)
C;Ly E( t , ("Agency") hereby requests access to digital
orthophotography (aerial photos) in accordance with the Agreement, dated Cat�t w'T m)t7 d
between Agency and the Cook County Assessor's Office (the "CCAO"). U
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): 51,4p e ;� i S) CA cof
Municipality: e ;k y 0 E(
❑ Township:
❑ Year 1998 Photos
❑ Year 2003 Photos (if available)
Requested by r
Name: e vF J ►'V1 ci S S
Signature: 91-444
Date: ct,4 8,0)(20-,
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Exhibit D: Planimetric data
l�r y dT t( t N ("Agency") hereby requests access to planimetric data in
accordance with filet-Agreement, dated C(,,,4 a2 4 o?av7, 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 8.x 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
or Municipality: �i� o CI ik/
❑ Township:
Requested by
Name: 1 ISM"
Signature:
Date: 6°, 4cn
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Exhibit E: Cadastral data
C-31 Of E-( ("Agency") hereby requests access to cadastral data in
accordance with the Agreement, dated (hi"?G,oIva? , 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 8.x 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: i D"7 ely,
❑ Township:
Requested by Name: Jefr 14/i
Signature:
Date: d 4I 02 907
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Exhibit F: Digital Terrain data
Cjy c $ C i H ("Agency") hereby requests access to digital terrain data
in accordarnce with the Agreement, dated altilioCr.S7 , 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):
01( Municipality: lei I-7 0'1- 6(
❑ Township:
Requested by
Name: Mluss'`7
Signature:
Date: ay 0207 al f
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r Cl _7Exhibit G Lidar data
C, ' I PI ("Agency") hereby requests access to lidar data in
accordance with the Agreement, dated ( �Ftfd�! , between Agency and the Cook County
Assessor's Office(the"CCAO"). U
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: C4 of
d
❑ Township:
Requested by
Name:
Signature:
Date: 02K-
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of coot N James M. Houlihan Cook County Assessor's Office
c. 118 North Clark Street Chicago, IL 60602
�, Cook County Assessor Phone: 312.603.5300 Fax: 312.603.3352
,,,N o``' Website:www.cookcountyassessor.com
September 6, 2007
Diane Robertson
City Clerk's Office
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Re: Agency Request for GIS Data
Dear Ms. Robertson:
Enclosed please find a copy of the Cook County Assessor's Office Agency
Agreement signed by Kevin Burden.
If you have any questions, please give me a call at 312-603-4137.
Thank you,
Dominick J. palla
Special Assessment Properties Department
Office of James M. Houlihan Cook County Assessor
118 North Clark Street
Room 312
Chicago, Illinois 60602
Phone Number 1-312-603-4137
Fax Number 1-312-603-4240
Email Address djspall@a,cookcountyassessor.com
Enclosure
COOK COUNTY ASSESSOR'S OFFICES
DOWNTOWN SKOKIE MAYWOOD BRIDGEVIEW ROLLING MEADOWS MARKHAM
118 N.Clark St.Rm.301 5600 Old Orchard Rd. 1500 Maybrook Square 10200 76th Ave. 2121 Euclid Ave. 16501 Kedzie Ave.
(312)443-7550 Rm.149 Rm.082 Rm.237 Rm.237 Rm.237
TDD(312)603-6181 (847)470-7237 (708)865-6032 (708)974-6451 (847)818-2444 (708)210-4100