05-106.00 Sopkane County, City of Spokane GIS Data Licensei
GIS DATA LICENSE AGREEMENT
THIS AGREEMENT is between the CITY OF SPOKANE, a Washington State
municipal corporation, the CITY OF SPOKANE VALLEY, a Gashington
State municipal corporation, and the COUNTY OF SPOKANE, a political
subdivision of the State of T~~7ashington (jointly referred to as
"City/County"), and the Geo-Graphics, LLC, whose address is 2690
$urnt Valley Rd Chewelah, TrlA 99109- (referred to as "Licensee").
The parties agree as follows:
1. LICENSE. The City/County grants to the Licensee a non-
exclusive, non-transferable license to use the GIS digital data
layers as designated in Attachment A, and hereby incorporated by
reference, subject to the terms and conditions of this agreement.
2. LICENSE FEE. Upon delivery of
Licensee shall pay a license/labor fee
County) for countywide requests or th
County, or City of Spokane, or the
subarea requests as provided in
incorporated by reference.
the GIS digital ~ layerrs, the
to the Main Licenser (Spokane
e Active Licensors} (Spokane
City of Spokane Valley) for
Attachment A, and hereby
3. TERM. This agreement shall commence upon execution by all
parties and continue until terminated. Either party may terminate
this agreement at any time upon thirty (30} days written notice to
the other party. Failure of the Licensee to comply +,vith this
agreement may result in immediate termination of the agreement at
the sole discretion of the City/County. This License agreement
automatically terminates for the data provided within (30) days of
the completion o~ City/County initated and/or authorized
Contractor/Subcontractor projects.
4. USE OF GIS DIGITAL DATA.
A. The GIS digital data layers may be used by the "Licensee for a.ts
internal use, provided that it does not violate any state lavr
restrictions. The GIS digital data layers are provided only
for use in a computerized record keeping system or for study
maps to depict the approximate location of existing and
proposed facilities.
5. RESTRICTIONS ON USE.
A. The GIS digital data layers shall not be duplicated or copied
except for archival purposes, program error verification, or to
replace defective media.
B. The GIS digital data layers shall only be operated on computers
under the control of the Licensee.
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C. Exce~p~ as otherv.~ise provided, no copy L~~ the y~ ~ digital data
layers shall be sold or transferred to a third party without
the prior written consent of the City/County. This license
agreement shall not be assigned, sublicensed, or otherwise
transferred by the Licensee without the prior vrritten consent
of the City/County.
6. TITLE. Except as otherwise provided, the City/County do not
transfer any right, title, or interest in the GIS digital data
layers to the Licensee.
7. FUTURE RELEASES. The City/County do not guarantee that any
future releases of the same data will be in the same format nor even
that the data v~il1 be available for release. The City/County vri11
from time to time shift the geographic location of map features to
improve the accuracy of GIS data . 7~ny data the requester builds on
top of the City/County data may require adjustment. The requester
assumes responsibility for aligning and registering data to the
CiL-y/County data, if necessary
8. WARRANTY. The GIS digital data layers are provided "AS IS",
without any warranty of any type whether express or implied,
including any warranties of merchantability or fitness for a
particular purpose.
The data contained in GIS digital data layers is subject to constant
change and its accuracy cannot be guaranteed. The City/County does
not warrant that the functions contained in the GIS digital data
layers will meet the requirements of the Licensee or that the
operation of GIS digital data layers will be uninterrupted or error
free, or that any City/County's GIS data defects will be corrected.
9. LIABILITY.
A. The Licensee assumes the entire risk, including quality,
performance, and usefulness of any data requested.
B. .In no event will the City/ County be liable for (i} special,
indirect, incidental or consec,~uential damages, or (ii} any
damages resulting from loss of data, frustration of economic or
business expectations, loss of profits, revenues or use axising
out of or in connection with this agreement, or the use of the
GIS data layers provided hereunder, regardless of whether the
Licensee has been notified in advance of such damages or
whether such damages were foreseeable. This limitation of the
City/County's liability vri11 apply regardless of the form of
action, whether in contract or tort. Tn no event cvi11 the
City's/ County's liability to the Licensee far any damages in
contract or tort exceed the total amount paid by the Licensee
for the GIS digital data layer (s} that causes said damages.
The remedies provided for in this agree~~nent axe the sole and
exclusive remedies for both parties.
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C. The ~~~ensee expressly agrees to inden~'iiiy, u~-~~end, and hold
harmless the City/County, and any of theix afficers, agents,
employees or otherwise, from any and all liability, loss or
damage that the City/County or any of its officers, agents,
employees or otherwise may suffer as a result of claims,
demands, actions, damages or injuries of every kind or nature
~•~hatsoever, by or to any and all persons or property, or
judgments against the City/County or any of its o.f.ficers,
agents, employees or otherv,~ise evhich arise either directly or
indirectly from this agreement.
10. TERMINATION
A. USER Rights. Upon the termination of this license, the rights
of the User shall cease.
B. Return of the GIS Digital Layers and Copies. The GIS Digital
~~ayers and any digital copies shall be returned to City/County
within 30 days from the date this license is terminated.
11. VENUE.Any litigation regarding this Agreement or arising out of
the performance thereof shall be commenced and maintained only in
competent courts of jurisdiction within Spokane County, Washington.
This Agreement shall be interpreted in accordance with the laws of
the State of t~7ashington.
12. ALL WRITINGS CONTAINED HEREIN.This Agreement contains all of the
terms and conditions agreed upon by the Parties. No other
understandings, oral. or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist- or to bind any of the
Parties. The Parties have read and understand all of the Agreement
and that no representations, promises or agreements not expressed in
the Agreement have been made to induce either to execute the same.
13. MODIFICATION.This Agreement may be modified or amended at any
ta.mE by mutual agreement of the Parties. ?pia modification or
amendment shall be valid until reduced to writing and executed with
the same formalities as the present Agreement.
14. COMPLIANCE WITH LAWS. The parties hereto specifically agree to
observe all k'ederal, State and local lacas, ordinances and
regulations to the extent that they may have any bearing upon the
services required to be performed by the parties under the terms of
this Agreement.
15. SEVERABILITY. In the event that any portion of this agreement
should become invalid or unenforceable, the rest of the agreement
shall remain in full force and effect.
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16. WAIVE.. ~No waiver of any breach of this ~g:~:eeme~~~shall be held
to be a waiver of any other or subsequent breach. Faalure of any
party to enforce at any time any of the provisions of this Agreement
or to requite at any tune performance by the other of any provision
shall not in any way affect the validity of this Agreement or any
part hereof, or the right of eitezerco hereafter enforce each and
every such provision.
17. FORCE MAJEURE. No party shall be liable for failure or delay in
performance of its obligations under this Agreement due to events of
force majeure including, but not limited to strikes, ~~vars,
revolutions, fires, floods, explosions, earthquakes, other acts of
God, government regulations, or other causes beyond its control.
18. CAPTIONS. The captions contained herein are for convenience of
reference only and shall not affect or be construed to affect the
meaning or the terms of this Agreement.
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( GY S DA'1'A~CEiVSE AGREEMENT S z GNATUI2E PAGE ) ~ ~~
CITY OF SPOKANE
By
Deputy Mayor
Attest:
City Clerk
DATED this day of 200_
Approved as to form:
Assistant City Attorney
CITY OF SPOKANE VALLEY
Approved as to form:
By ~~~
Community Development Director
DATED tr-is ~~ day of c~nT~ 200 S,
SPOKANE COUNTY
Approved a to r .
$Y=
Geographic Znfox'ination Systems Manager
DATED this / ~ day of , v 200
Geo-Graphics, LLC
$Y • ~~ ~.~
Title: ~wtncr///d~1do ~r
DATED this ~ fl day of r 200,6.
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Attachment A
LIC>H•NSE FFE SCHEDULE
Layer Name Resolution Jurisdiction Attachment Date License Fee
Pirc Stations Valley Only 4122/2005 SU.00
Pire Districts Valley Only 4!22/2005 50.00
Police Stations Valley Only 4122P2005 $O.UO
Stremns Lakes 4/22120()5 50.00
Valley 4Vatershed l3ou 4/22/2005 $O.UU
Valley Cornp Plan 4/22/2005 SU.UU
Valley Water Distriets 4/22/2U(l5 S0.00
~~lunicipal 13oundarys County ~4'idc 4/22/2005 S0.00
Parcels Valley Only 4/22/2005 50.00
•rotai So.oo
Data provided on Apirl 2005 covers die City of Spokane Valley and parcel data for the County. It w ill be developer! ;end
distributed via CD or DVD in a la}~ered I'DF file format only, marketed to real estate professionals.
Data Format GIS Digital Data Transfers are provided in ArcJinfo. Other special formats are negotiable
depending on the CitylCounty sofhvare capability and charged can a pe.r hour basis as a custom yucry. Most
uvpotlant, the client should }mrnv that fom~ats other than Arcllnfo, such as TaX.F, have limited attribute
handling capability.
Licensee # 159 Geo-Graphics, LLC Revision Date: 4!2212005
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S P Ca K A N E 4~~ i~.~1t i C O U N I X
INFC~IZMATIot~! SYSTRMS DEPAirrMtENT WILLIAI~'i A. FIL'ULEI2, faIRFCTQR
Marina Sukup;
Enclosed are two items: (1) llle City of.Spol~:ar7e Volley - Spokcnie Coculty Interlocal
ESRI FLA Agreement and a separate si~nage page from the same Agreement (which once
sinned, will need to be returned to the L7aniela Erickson whose office is within the
Commissioner's Offce here at the County). The invoice for year one of SRI-Ill's portion
of the ESRI ELF agreement will be included in Spokane County 1Si7's regular SEtE-I=[0
December bill which you should be seeing within the First two weeks of January 2005.
During 2005 ISD «=ill bill on a monthly basis for year two of the ES.RT ELA based on a
the actual ESRI software licenses that are being used by the City of Spokane Malley.
Please let me kno«~ if you ha~~e any further questions in regards to this agrceinent or if 1
can be of any assistance in any other matters related to Spokane County's GIS Program.
Thanks again for all of your help and support.
Sincerely,
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Ian Von Essen
Spokane County GIS i'bianager
ISD-GIS
815 N..Iefferson St.
Spokane, VVA 99260-0400
509-477-6344
ivonessen@spokallecounty.org
815 ~V. JF.FFFRSOP! Sr., $FOKANE, tiM1'A 99260-(1100 • (509) 977-6020 • FAX (509) 977-4705
Return to: ~niela E~„~~;on
.,~zrk of the Board
1116 West Broadway
Spokane, Washington 99260
~-~~pokax;~'~ ~t~lley Contract
'~~o. CG:~._..~~
Approved: April 8, 2003
INTERLOC.~.I1 AGREEMENT BETWEEN SPOKAtt'E COUNTY
.3 O30'~ Al~'D CITY OF SPOKAd`FE VALLEY
REGARDIl~'G DATA PROCESSING SERVICES
(April 2003 -Ae¢ember~31, 2004)
TES AGREEMENT, made and entered into by and betweem Spokane County, a
political subdivision of the State of Washington, having offices for the transaction of business at
1116 V~~est Broadway Avenue, Spokane, ~'Vashington, 99260, hereinafter referred to as the
"COUNTY," and City of Spokane Valley, a municipal corporation of the State of Washington,
having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague
Avenue, Suite 106, Spokane Valley, Washington, 9920b, hereiraafrer referred to as the "CITI',"
jointly hereinafter referred to as the "PARTIES."
WITNESSETH:
~'~'I~FRE.A.B, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners of Spokane County has the care of county property and management of funds
and business; and
VlrliEREAS, pursuant to chapter 35.02 RCVJ, the CITY of Spokane Valley established
midnight, March 31, 2003, as its official date of incorporation and upon that date will commence
operations as a cit} ,and
WI~RFAS, pursuant to chapter 35.02 RCW, as of the official date of incorporation,
local governmental authority and jurisdiction with respect to the newly incorporated azea
transfers from Spokane County to City of Spokane Valley; and
WSEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and
cities to contract with each other to perform certain functions which each may legally perform;
and
WHEREAS, the City of Spokane Valley desires to contract with Spokane County
through its Information Systems Department to provide quality data processing ser~dces to its
staff and residents.
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1\iOW, T~REFORE, for and in consideration of the mutual promises set forth
hereinafter, the FA.XZ'Z'xES do mutually agree as follo~~s:
SECTIOI~F nTO. 1: PURPOSElSERY1CES
The purpose of this Agreement is to set forth the terms and conditions under which COUNTY,
through the Spokane County Infomiati_on Systems Department ("ISD") will pro~7de Data
Processing Services ("Services") to CTI"Y. Such Services include Fixed Price Services and GIS
Services.
Such Services.aze more particulazly discussed in Attachments "A" and "B" attached hereto and
incorporated herein by reference.
SEC770N N0.2: D~CJ~RAT1<ON
This Agreement shall commence upon execution by both PARTIES and run through 12:00 P.M.
December 31, 2004, unless one of the PARTIES pro~~ides written nonce of termination as fw~her
described in Sections No. 5 and 10 of this Agreement.
SECTION 10.3: COST OF SERVICES AI\TD PAYMENTS
CITY shall pay COUNTY the costs for Fixed Price Services to include Access to PRISM and
Access to WebPadal as set forth in Attachment "A" attached hereto and incorporated herein by
reference.
CITY shall pay COUI\rl'Y the actual costs for GIS Services as set forth in Attachment `B,"
attached hereto and incorporated herein by reference. Actual costs of such GI.S specialists will
include salary, benefits, supplies, materials, equipment, and administrative overhead costs as
outlined in Attachment `B" which are directly attributable to such Services.
The PARTIES agree that the costs sets forth in Attachments `B" are projected costs. COUNTY
will charge CITY actual costs. Actual costs will include the actual direct labor, supervision,
employee benefits, equipment rental, materials and supplies, utilities, subcontracted work and
permits and overhead costs. Labor razes can be affected by overtime, extra holiday pay, shift
difl`erential, labor contracts, and on-call rates. Accordingly labor rates set forth in Attachment
`B" will be reviewed and modi5ed when required. COUNTY wti.ll notify CITY in writing of any
changes to or modifications of such labor rates.
COUNTY will bill CITY for t}ae cost of all Services, to include Fixed Price Services and G1S
Services, monthly, during the first week of the month for the preceding month. Payments by
CITY for these services urill be due within 30 days of bi]ling.
At the sole optson of COUNTY, a penalty may be assessed on any late payment by CITY based
on lost interest earnings had the payment been timely paid and invested in the Spokane County
Treasurer's Investment Pool.
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t ~c end of calendar year 2.003 and ca~end~r year ~0~, using acts-a] exp~ndit~res fvr all itc~vs
set forth i~ ~4ttachment °`B" ~>'J'1"'S~ will defieratinc whether or not the e.ima.tcd host; used
the basis for establishing the budget were arcurafie, To the extezit that CITY gas over billed in
any year, it wY)a receive a credit to be applied as mut~rall agreed. Yf ~` way under billed, it
will receive a debit in the subsequent billing- The adjustment will normally take place in TvYarc)~
oi:'the year following the year eaices were p'orrned, Ta the ekont irhafi GT!' was over billed
in any year, it will reagve a credit to be applied as uznty agreed- If 1"T vvas under bill it
will receive a debit in ~e subsequent billing. 'I'he adjvs~ent will normally take place in Ivlarel~ .
but n-o later than June 34a' ("daze of determination"} of the ~~ear foDo~vrgg the year ervires ~rcre
performed. t the sole discretion of fibe TTY, i.u tb.e case of over billing, or the sole discretion of
the ~~TI', in the case of au render billing, the pait}r zuay request interest on such amount
rased on last interest P.~rnings had the tend-er billing-az~aount been in~+ested since tl~e end of the
cal~,~ndar year to fibc date of determination in the go)~ane bounty Treasurer's In~~eskment Peal or
tlye over billing amount been invested since t><7e end of the calendar year to the date of
d-efemvnation in the ashir~gfion pities Investment Pool-
SI~G~P~ ~. 4: ~P£11~F1=6)tLi'
Jn conjurre~on with ~~TIx] l' providing the services described in E'FI~' 7~~. 1 1'I`1~ dogs
~a} Confer on OCTI~lT the authority to per#'onn the l.S and mapping main#~;naoce services
within Tl ~,mi#s for the purposes of carrying out this Agreement,
(~~ .gree that when C~~]I~iT pro~-icles Services CU'`~ ID may exercise all the powers
and perform all the duties vested by Ia~~r or by resolutior! in ~.e CFITY or other o~oez or
depax#ro.ent charged by CTS' with data processing services
{c) Agree that the IT sl'ia11 be zesponsible ~'or providiz.~ worlcspar.~ and furr~is)~,i~g phones,
desk, chair and any other iteFns deemed necessary ~'or ~ specialist to perform their worl~ at
theiz site.
pAl~t">:'TF.S agfee khat in connec{~-n.~ their nexwoxks to ea~i ctlyex tl5ey recognize their respective
responsibilities to ~i~ maintain Virus protectZOn on all ~~ and ~LT7'' desl~ops and servers
as well as iii} maintain a properly eonfigu.red firewali an any other connections into the TI` or
~J?~ networks fpr the protection of the Wide Area etwor)~ corr~prised of ~~, City
o#' Spokane Valley, City of pol~ane, Spokane County Regional I~ealth .L~ist<ict, Spokane Transit
Authority, and the State of V4~ashintan-
`t TI~I~ I~~. ~: DTI
All notices or othez communicatio~.s given hereunder shall be deemed given on: l) the da}~
s~cl~ notices or other coznmrmications are received when sent by personal delivery; or ~ fi}re
third day following the day on u~hicl; the see have been maned b first cuss delivery,
postage prepaid addressed to I'A,TIE at t1~e address sit forth below, or at such cthez address
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as the PARTIES shall from time-to-time designate by notice in waiting to the other PARTIES:
COUY~7Y: Spokane County Chief Executive Officer or hislber authorized representative
1116 Wcst Broadway Avenue
Spokane, Washington 99264
Spokane County Director of ISD
S 15 North Je$erson
Spokane, Washington 99260-0400
CITY: City of Spolo~nc Valley City Manager or hislher authorized representative
Redwood Plaza
11707 East Sprague Avenue, Suite ] 06
Spokane Valley, Washington 99206
SECTION NO. 6: COUNTERPARTS
This Agreement may be executed in any nurAber of counterparts, each of which, when so
executed and delivered, shall be an original, but such counterparts shall together constitute but
one and the same.
SECTION N0.7: SUBCONTRACT
COUN'T'Y may subcontract any of its responsibilities set forth herein pro~~ided COUNTY
retains the appropriate supervision anal inspection. of the contractor's work..
SECTION' NiO. 8: LLABT.C,ITY
(a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees,
or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and
damages of any nature whatsoever, by any reason of or arising out of any negligent act or
omission of COUNTY, its officers, agents and. employees, or any of them relating to or arising
out of performing services pursuant to this Agreement. Zn the event that any suit based upon such
claim., action, loss, or damages is brought against CITY, COUNTY shall defend the same at its
sole cost and expense; provided that CITY reserves the right to pa~cipate in said suit if any
principle of governmental or public law is involved; and if final judgment i.n said suit be
rendered against CITY, and its ofcers, agents, and employees, or any of them, or jointly against
CITY and COUNTY and their respective officers, agents, and employees, C0~1TY shall
satisfy the same.
(b} CITY shall indenwify and hold harmless COUNTY and its officers, agents, and employees,
or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and
damages of any nature whatsoever, by any reason of or arising out of any negligent act or
omission of CTI'Y, its officers, agents and employees, or any of them relating to or arising out of
performing services pursuant to this Agreement. In the event that any suit based upon such
claim, action, loss, or damages is brought against COUNTY, CITY shall defend the same at its
sole cost and expense; provided that COUNTY reserves the right to participate in said suit if any
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principle of governmental or public law is involved; anal if final judgment in said suit be
rendered against COT31\'T'Y, and its officers, agents, and employees, or any of them, or jointly
against COZJN'TY and CITY and theiz respective officers, agents, and employees, CITY shall
satisfy the same.
(c) The foregoing indemnity is specifically intended to constitute a waiver of each party's
immunity under Washington's Industrial Insurance Act, Chapter ~ 1 RCW, respecting the other
party only, and only to the extent necessary to provide the indemnified party with a fU]1 and
complete indemnity of claims made by the indernnitor's employees. The PARTIES
aclmowledge that these provisions were specifically negotiated and agreed upon by them.
(d) COl1NTY and CITY agree to either self insure or purchase polices of insurance covering the
matters contained in this Agreement v~2th coverages of not less than $5,000,000 per occurrence
with $x,000,000 aggregate limits including auto liability coverages.
SECTION NO.9: RELATIONSL~ OF TF.IE PARTIES
The PARTIES intend that an independent contractor relationship will. be created by this
Agreement. No agent, employee, servant or representative of COUNTY shall be deemed to be
an employee, agent, servant or representative of CITY for any purpose. Likewise, no agent,
employee, servant or representative of CITY shall b$ deemed to be an employee, agent, servant
or representative of COUNTY for any purpose.
SECTION NO. l 0: iV10DIFICATION AND TERIVIJNATION
This Agreement may be modified in writing by mutual agreement of the PARTIES.
Either Party may terminate this Agreement for any reason whatsoever upon a miniinuna of 90
days written notice to the other Party.
Any Party may temlir-ate this Agreement upon a material breach by the another Party, provided
the Party seeking to terminate the Agreement shall pro~~ide at least 30 days writfen notice and an
opportunity to cure to the breaching Party.
Upon termination, CITY shall be obligated to pay for only those Services rendered prior to the
date of termination.
SECTION NO. 11: PROPER'l"Y AND EQ>ITIPA7ENT
The ownership of all property and equipment utilized by COUI~zTY or CITY respectively in
providing Services or meeting its obligations under the terms of this Agreement shall remain
c~~ith Party providing such property or equipment unless specifically and mutually agreed by the
PARTIES to the contrary.
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SECTION \j0. 12: GE\'ERA;I. TEItri1.S
fihis Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES
agree that there aze no other understandings, oral or otherwise, regarding the subject matter of
this Agreement. No changes or additions to this Agreement shall be valid or binding upon the
PARTIES unless such change or addition is in writing, executed by the PARTIES.
Both PARTIES agrees to aid and assist the other Party in accomplishing the objectives of this
Agreement.
This Agreement shall be binding upon the PARTIES hereto, their successors and assigns.
SECTION N0.13: VENUE STZFUL ATION
This Agreement has been and shall be construed as having been made and delivered within
the State of Washington and it is mutually understood and agreed by each Party that this
Agreement shall be governed by the laws of the State of Washington both as to interpretation
and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of
this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdic-
tionwithin Spokane County, Washington.
SECTION I`TO.14: SEVER4BI.LITY
It is understood and agreed among the PARTIES that if any parts, terms or provisions of this
Agreement are held by the courts to be illegal, the validity of the remaining portions or
provisions shall not be affected and the rights and obligations of the PART]ES shall not be
affected in regard to the remainder of the Agreement. If it should appear that any pact, term
or proti~ision of this Agreement is in conflict with any statutory provision of the State of
Washington, then the part, term or provision thereof that Tray be in conflict shall be deemed
inoperative and null and void insofar as it may be in conflict therewith and this Agreement
shall be deemed to modify to com,forca to such statutory provision.
SECTION NO. 15: HEADINGS
The section headings appearing in this Agreement have been inserted solely for the purpose of
convenience and ready reference. In no way do they purport to, and shall not be deemed to
define, limit or extend the scope or intent of the sections to which they pertain.
SECTION NO. 16: CONTR4CT ADM[NISTRATIO~1
COUI~ITY will identify specific COUNTY liaisons to handle day-today operational activities
related to Services. CITY will identify a liaison for the same purposes. The liaisons will meet
regularly to review the performance of this Agreement.
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The PARTIES shall each appoint representatives to review contract perfomaance and zesol.ve
problems, which cannot be dealt with by COUNTY and CTTY liaisons. The PARTIES shall
notify the other. i.n writing of its designated representatives. COUNTY and CITY liaisons Rill
meet periodically, with either Party authorised to call additional meetings with ten days
written notice to the other.
Any problem., which cannot be resolved by the PARTIES' designated representatives, shall be
referred to C1fiY A~Ianager and the Spokane County ISD Director for settlement.
SECTION NO. 17: AUDITS AND I1~7SPECI'IONS
The records and documents, with respect to all matters covered by this Agreement, steal] be
subject to inspection, review, or audit by COUNTY or CITY during fhe term of this contract
and three (3) years after termination.
SECTION NO.18: REPORTING
COUNTY shall provide a mutually acceptable quarterly report to CITY that will contain
information relating to Services performed during the preceding quarter. CO(Jl~r!"Y agrees to
keep such records and make such separate reports as are reasonably necessary for CITY to
ascertain performance and cost accounting for Cl'~'Y'S budgetary and management needs.
SECTJCON NO. 19 RECORDS
All records (except as set forth in Section 18) prepared or produced by COLTrTY in conjunction
providing services to C1TY under the terms of this Agreement shall. be the property of the
COUNTY. Upon termination of this Agreement, COUNTY agrees to make copies of all such
records, which may be requested by CITY.
SECTIOl~' NO.20: STAFFING
COUNTI' shall hire, assign, retain. and discipline all employees perfomaing Services under ties
Agreement according to collective bargainisag agreements and applicable state and federal laws.
COUNTY agrees to meet and confer with CITY with respect to GIS Specialist assigned to
provide Scr~~ices at its site. To the extent that COUNTY has more than one GIS Specialist
available to pro«de such ser~~ices, it will allow the CITY to select the assigned GIS Specialist.
SECTION N0.21: ASSURANCE
COUNTY represents and assures CITY that n.o other city or town or muaaicipal corporation will
receive more favored treatment in receipt of Services Haan that made available to the CTIY for
similar serrvices.
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Ir ~'VITN.~SS `REOF, the PARTIES have caused this Agreement to be
executed on dale and year opposite their respective signatures.
DATED: ~ ; /5 03
ATTEST:
VICKY M. DALTC
CLERK OF THE 13
o~ CO"~s
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aniela Erickson, Deputy
DATED: ~ ~_s~~
City Clerk
Approved as to form only:
A 'ity A ey
BOARD OF CO~[J?~-T'Y COM1vIISSTOI~'ERS
OF SPOK/A~I~i®E, COUNTY, VJASHII~iGTON
/"~®~~~~
JOHN ROSKELLEY,
CITY OF SPOKA~FE VALLEY:
By:
Its: ~„ ~`e.r~ (~,~f~, /YI er
(Title) v
i
Psge 8 of S
F`.CX~D PRICE SERVICES
Spokane County «7ll provide the following Fixed Price Services within CITY limits of
Spokane Valley. Actual levels of Fixed Price Service provided by COUNTY will be those
adopted by CITY and COUAITY iu annual budget processes.
Fixed Price Sen7ces levels as set by CITY shall reflect CITY pola.cies and may or may not be
similar to COUNTY policies.
(1) Access to PRISM $35.00 /user/ ip /month for an indefinite term uziless modified
by parties as herein provided.
(2) Access to WebPadal $35.00 /user/ip /month for az~ indefinite term un]ess modiffied
byparties as herein provided..
ATfiACH1V~N~' "A"
. /' ~
GIS SERVICES
Cost-Itemization contract for GIS Services'
for the CITY of S okane Valle If the choose 50% Services.
nnual
Costs Contract
Period
Costs April
2003-Dec
2004
onthly
cost
50% Monthly
Billing for
Contract
Period
Employee Software
Maintenance
Arclnfo
$1,520.40
$2,660.70
$126.70
$63.35
COGO $217.20 $380.10 $18.10 $9.05
ArcView $217.20 $380.10 $18.10 $9.05
Phofosho $'200.00 $350.00 $16.67 $8.33
Pagemaker $200.00 $350.00 $16.67 $8.33
Sala lus benefits : G1S S ecialist $56,161.00 $98,281.75 $4,680.08 $2 340.04
ISD Mana ement Su ort Overhead $J3,083.57 $22,896.25 $1,090.30 ~ $545.15
UNIX Deskto Su ort: Sun / Citrix $1 849.76 $3,237.08 $154.15 $77.07
G1S Pro ram /Database A dmin Su ort: $5 568.08 $9,744.14 $464.01 $232.00
Avista Digital Orthos
Access: Full CITY of
Spokane Valley
Access
$5,800.00
$10,154.00
$483.33
$241.67
' , Total
Monthly
billing for
50%GIS
Tech.
3,534.05
~•~ ~~i ~~~~~ - ~~1~ 1,~ ~.~~ ruu nme cmpioyee ror a m,n,mu,m of 6 months. This will give the CITY the usage of a
GIS ana]yst for 18 hours and 45minutes a week on a mutually agreed upon work schedu]e. Any usage over SO%
for this employee will be billed at the GIS analyst's actual hourly rate. Detailed time sheets will be provided with
each billing.
It is the intention of the CITY to contract for one half (.S) FI'E GIS Specialist services for six (t7 months as well as
retain the right to request additional hours of services at rates herein listed during the term of the Agreement,
subject to the COUNTY'S ability to provide the additional services. CITY and COU-NTY uray extend or adjust
G1S ser~~ices and terms as mutually agreed according to the conditions of the Agreement.
The CITY will abide by all applicable COUNTY union contract terms regarding working conditions and
will provide breaks and lunches as outlined in the COUNTY Master Contract and ISD's addendum to
said contract... COUNTY will provide copies of such contract and addendum to CITY.
~,.
ATTACHII~ENT "B"
._ ~ ~ ~ ~; 5
4 1050
No.
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKAN>~ COUNTY, WASHII~IGTON
IN THE NiAT"1 ER OF EXECU'T'ING ENTER.PRIS.E
LICENSE AGREEMENT N0.2004FSL6082 BE'I'~VE>/N
ENVIItONMENTAL SYS'1'EIvIS RI:S);ARCH INSTITUTE,
.INC. AND SPOKANE COUNTY FOR THF_ ACQUISITION
AND USE OF SELECTED SOFTWARE, DATA,
DOCUIvIENTATION, TECHi\TICAL SUPPORT,
MAIN'1~NANCE, AND TRAINI~FG, AS R'ELL AS THE
EXECUTION OF AN T.1V'T]rRLOCAL AGREEMENT ~VITT3
TIC CITTY OF SPOKANE, CITY OF SPOKANE VALLEY,
THE HEALTH DISTRICT, AND TI-IE SPOKANE REGIONAL
TRANSPORTATION COUNCIL FOR TI•IE USE OF THE
SOFItiVARE COVERED U1~TDBR ENTERPRISE LICENSE
AGREEMENT \TO.2004ESL6082
1tESOLU'1'iON
WHE1tEAS, pursuant to the provisions of the Revised Code of Washington (RC'~'V) Section
36.32.120(6), the Board of County Commissioners of Spokane County has the care of County property and
the management of County funds and business; and
WHER,IaAS, Bill Fielder, Director of Information Systems, has recommended that Spokane County
acquire and use selected ESRI Software, Data., Documentation, technical support and maintenance, and
selected training over a three (3) year period from )environmental Systems Research Institute, Inc., 380
New York St., Redlands, CA 92373-8100 subject to a payment of fees and under the terms and conditions
set forth in the attached Enterprise License Agreement No. 2004I?SL6082; and
WHEREAS, in addition to Spokane County, several eligible agencies listed in the Enterprise
License Agreement No. 2004ESL6082 are authorized to receive and use selected software, data and
document~~ttion, with Spokane County acting as the lead agency responsible for management,
administration, oversight and redistribution of the software identified in the Agreement; and redistribution,
use and control of the selected ESRI software, data and documentation provided to these eligible agencies
by Spokane County shall be in accordance with the terms of Enterprise License Agreement No.
2004ESL6082 via an interagency agreement that shill flow through the requirements of the Agreement to
the eligible agencies; and
R'H.I{aREAS, the City of Spokane, City of Spokane Valley, the Spokane Regional Health District.,
and the Spokane Regional Transportation Council are the eligible agencies designated in Enterprise
License Agreement No. 2004ESL6082 to receive and use selected software, data and documentation, and
are desirous of entering into interlocal agreements with Spokane County to accomplish that purpose (a
copies of those interlocal agreements are attached hereto and incorporated by reference); and
~VHERI;AS, Bill Fielder, Directar of Information Systems, has recommended that the Board of
Count}~ Commissioners authorize him to execute, at other than a public meeting: on behalf of the County, the
iZESOLUT101~1--1
.. _ ~~. ~
4 1050
~~
attached Enterprise License Agreement No. 2004ESL6082 and the attached interlocal agreements with the
City of Spokane, City of Spokane Valley, the Spokane Regional Health District, and the Spokane Regional
Transportation Council.
NOW, THERErORE, B>Ea IT HEREBY RESOLVED, by the $oard of County Commissioners of
Spokane County that: (1) Spokane County acquire and use selected ESRI Software, Data, Documentation,
technical support and maintenance, and szleeted training over a three (3) year period from Environmental
Systems Research Institute, Inc., 380 New York St., Redlands, CA 92373-8100, subject to a payment of
fees and under the terms and conditions set forth in the attached Enterprise License Agreement No.
200.4FSL6082; and (2) bill Fieldee, Director of Information Systems, is authorized to execute, at other than
a public meeting, on b~chalf of Spokane County, the attached Enterprise License Agreement \jo.
2004ESL6082 and the attached interlocal agreements with the City of Spokane, City of Spokane Valley,
the Spokane Regional Health District, and the Spokane Regional Transportation Council.
ADOPTED by the Board of County Commissioners of Spokane County, Washington this ]4'r' day
of December 2004.
~vf COMM,tSSI~
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d '~ •t . s
y i~Ci
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:lti
ATTEST:
VICKY M. DALTON
CLERK F THE BO
By:
Daniela Erickson, Deputy
BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
RESOLUTION --2
r
T Mielke, Commissioner