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2004-230RESOLUTION NO. 2004-230 RESOLUTION AUTHORIZING EXECUTION OF MUNICIPALITY GIS ACCESS AGREEMENT BETWEEN THE COUNTY OF DUTCHESS AND THE TOWN OF WAPPINGER At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 26th day of July, 2004, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero Council Members - Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy ABSENT: The following Resolution was introduced by Mr.yaldati Ms. McCarthy and seconded by WHEREAS, the Dutchess County Office of Computer Information Systems (DCIS) is prepared to provide the Town of Wappinger with read-only access to the web -based Geographic 11 Information System (GIS) pursuant to a proposed Municipality Access Agreement, a copy of which is attached hereto as Schedule "A"; and WHEREAS, the GIS is a collection of GIS data created and maintained by various County departments and agencies and based on high speed internet service which is accessible 24 hours a day, 7 days a week; and WHEREAS, access to GIS will be provided at no charge unless the Town of Wappinger requests additional workstations pursuant to Paragraph 4(b) of the agreement; and C. -Documents and SettingslGina. WAPPINGERILocal SettingslTemporary Internet FileslOLKIAIGIS Access -Execute Agt.doc WHEREAS, the agreement will take effect upon the date of execution by the County and will expire on January 31, 2005; and WHEREAS, the agreement will be automatically renewed for a period of one year if the Town fails to notify OCIS in writing within seven (7) days of receipt of a new rate schedule of its intention not to automatically renew the agreement; and WHEREAS, the Town Board determines that the execution of the GIS Agreement is a Type H action pursuant to 6 NYCRR 617.5(c)(20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA). NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board determines that it is in the best interest of the citizens of the Town of Wappinger to enter into a GIS Agreement between the Town of Wappinger, Dutchess County, State of New York and the County of Dutchess in substantially the same form as attached hereto and made a part hereof marked and designated Schedule "A". 3. The Town Board hereby agrees to enter into and be bound by the terms of the above -referenced GIS Agreement and hereby authorizes Town Supervisor, Joseph Ruggiero, Deputy Supervisor, Joseph P. Paoloni, or any member of the Town Board to execute the proposed GIS Agreement in substantially the same form as attached hereto as Schedule "A". The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye JOSEPH P. PAOLONI, Deputy Supervisor Voting —gate ROBERT L. VALDATI, Councilman Voting Aye C. (Documents and Settingsl Gina. WAPPINGERvocal SettingslTemporary Internet FUMOLKIA IGIS Access -Execute Agt.doc VINCENT F. BETTINA, Councilman MAUREEN MCCARTHY, Councilwoman Dated: Wappingers Falls, New York July 26, 2004 Voting Aye Voting Ave The Resolution is hereby duly declared adopted. /i a /i ,,,il C. Documents and SettingAGina.WAPPINGERILocalSettings) Temporary Internet FilesIOLK1AIGISAccess-ExecuteAgt.doc in Dutchess County Office of Computer Information Systems William R. Steinhaus County Executive Timothy E. Mahler Commissioner 503 Haight Avenue Poughkeepsie New York 12603-2448 (845) 486-2450 Fax (845) 486-2460 June 25, 2004 Town of Wappinger Joseph Ruggiero, Supervisor PO Box 324 20 Middlebush Road Wappingers Falls, NY 12590 Dear Supervisor Ruggiero: � E1 U �D R Sal q 12004 ""'N"O� IS W APpINGER TOWN Attached is your copy of the MUNICIPALITY GIS ACCESS AGREEMENT that was discussed at our GIS meeting at Pleasant Valley Town Hall last year. This updated version of the agreement resolves concerns that were raised in terms of printing maps but still requires that the Dutchess County Real Property Tax Department be contacted for any sales or distribution of GIS data. Although the County requires that a signed copy of this Agreement be on file for each Municipality that has access to our GIS, we have held back issuing the agreement until now because we had been at the maximum limit of VPN client network connections to our GIS applications. We have recently implemented new network software and hardware in order to increase the number of network connections and can start addressing requests for additional connections on a case- by-case basis. Requests for additional connections will be reviewed after a signed agreement is received. Please review, sign and return the agreement as soon as possible. If you have any questions, please call either Frank McMahon or Phil Thibault at 486-2450. Thank you in advance for your anticipated cooperation. s Re s, AUKk� r « " •' rank M. McMahon Sr. Systems Programmer 11116704.finm http: \ \ www.dutchessny.gov MUNICIPALITY GIS ACCESS AGREEMENT THIS AGREEMENT, made this day of , 2004, by and between the COUNTY OF DUTCHESS, a municipal corporation with offices at 22 Market Street; Poughkeepsie, New York 12601 (hereinafter referred to as the "COUNTY") and TOWN OF WAPPINGER, with its principal place of business at P.O. Box 324, 20 Middlebush Road, Wappingers Falls, New York 12590, (hereinafter referred to as the "MUNICIPALITY"), WITNESSETH: WHEREAS, the County Office of Computer Information Systems desires to provide the Municipality with access to the web -based Geographic Information System (GIS), and WHEREAS, the Municipality wishes to obtain access to this information, NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: 1. SCOPE OF SERVICES. The County will provide the Municipality read-only access to the Geographic Information System (GIS), defined as a collection of individual GIS data layers that are created and maintained by various County departments and agencies. Such access is based on a high speed INTERNET service and is made thru a Virtual Private Network (VPN) connection between the Municipality and the Office of Computer Information Systems (OCIS), the specifications of which are established by DCIS. Access will be available 24 hours/day, 7 days/week except for scheduled maintenance and unscheduled downtimes due to system failure. The GIS and associated data are intended solely for the use of the Municipality and are not meant for purposes of commercial sale or distribution. The commercial sale or distribution of such data is strictly prohibited. Requests for sale or distribution of GIS data that is provided by the County should be directed to the Real Property Tax Department for further handling. To ensure that both the content and the currency of the data suit the anticipated use, the requestor will be put in contact with the County department that is primarily responsible for that data. 2. MUNICIPALITY RESPONSIBILITIES. The Municipality will provide and maintain the Municipality's computer equipment, computer software, and communication and INTERNET instruments to enable the communication connection between the Municipality and DCIS. This includes keeping their computer software up to date by having the necessary security patches applied and utilizing virus protection software that is also kept current. OCIS will advise the Municipality on matters concerning the recommended software to be used for the connection and other computer C-6540 hardware/software compatibility/security questions. All INTERNET service and communication company fees are the responsibility of the Municipality. The Municipality is responsible for the supervision of their use of the Geographic Information System (GIS). 3. COUNTY RESPONSIBILITIES. (a) The County will provide the Municipality written instructions as to the proper use of the Geographic Information System (GIS). The OCIS Help Desk will be available for limited consultation via telephone on specific problems that may arise. The County does not guarantee consultation results nor warrant or represent that all errors or problems will be corrected. Should the County determine that the problem is due to the Municipality's computer/communication/INTERNET equipment and/or software, it is the Municipality's responsibility to take corrective action with the provider(s) of such items. It is not the intention of this service for OCIS to act as the GIS staff for a Municipality. (b) The County will take precautions to ensure that the Virtual Private Network (VPN) is available and maintained during the specified hours of operation for the Geographic Information System (GIS). However, the County will not be responsible for the inability to connect ("busy" signals) nor for interruptions in service (including the Municipality's Internet service provider) while the Municipality is connected to the Geographic Information System (GIS). Dutchess County OCIS runs monthly network usage statistics to analyze and monitor GIS transactions in order to maintain a healthy network. (c) The information provided in the Geographic Information System (GIS) is the most current information available to the County and the Municipality. This information is a collection of individual GIS data layers that are created and maintained by various County departments and agencies. They are the "owners" of their data layers and are responsible for them; any questions concerning this information should be directed to the appropriate department. In no event will the County be liable for any decision-making, lost profits, lost savings, or any incidental damages or consequential damages based on the information in the Geographic Information System (GIS). The County does not warrant the information for any purpose or use. 4. FEES. (a) Access to GIS will be provided initially on the Municipality's existing workstations used by the Assessors at no charge. After a trial period of one month to evaluate the new overhead on the network and system, OCIS may install the VPN client software and provide access at no charge for up to two (2) additional workstations at the Municipality's main location of business, if requested. (b) If the Municipality requests additional workstations beyond those in subparagraph (a) and the County determines that the potential overhead is acceptable, the workstation(s) will be setup and connected for a fee (per workstation) based on a two (2) hour charge using the Micro -processing Service Cost rate that is listed in the current OCIS rate schedule (see attached). This fee also includes travel time to/from the Municipality's site and the license of the VPN client software. Access is permitted to the C-6540 Geographic Information System (GIS) except for file refresh periods, service interruptions, and unscheduled hardware/software maintenance requirements. The County reserves the right to limit the number of workstations with access to GIS at a Municipality due to the potential overhead on the network and system. (c) OCIS will provide the Municipality with on-site assistance with software installation, computer hardware or software problems, etc. at the Municipality's request. The fee for this connection service is based on the current OCIS rate schedule (see attached), including travel time to/from the Municipality's site. This does not include the cost of the required communications hardware and software if supplied by OCIS. (d) The Municipality will be billed for any requested connection services at the end of that month's activity. Invoices are to be paid within thirty (30) days from date of receipt. Checks should be made payable to the Dutchess County Commissioner of Finance and mailed to the attention of the OCIS Administrative Secretary, 503 Haight Avenue, Poughkeepsie, NY 12603. (e) The fees referred to in subparagraphs (b) and (c) are subject to change on February 1St of each year. If the fee(s) are due to change, OCIS will notify the Municipality in writing on or about January 10th of each year of such fee(s) change. The Municipality must notify OCIS in writing within seven (7) days of receipt of the new rate schedule of its intention not to automatically renew this agreement. 5. DATA DEVELOPMENT. The County has a major investment in the development of the many GIS data layers and is making that GIS data accessible to the Municipality. The County requests that if and when the Municipality develops their own GIS data, that the Municipality share that data with the County in an electronic format compatible to County GIS data standards. A copy of these County GIS data standards will be made available to the Municipality. 6. TERM. This Agreement will take effect upon the date of execution by the County and will expire on January 31St of each year. This agreement will automatically be renewed for a one-year term, unless the Municipality notifies OCIS as outlined in subparagraph 4(e). In addition, the County or' Municipality may terminate this Agreement by advising the other party, in writing, of termination; such termination will take effect thirty (30) days after receipt of such notice by either party. The County reserves the right to disconnect the Municipality or prevent the Municipality's entrance to the Geographic Information System (GIS) should the Municipality fail to pay charges as invoiced within thirty (30) days of issuance or fails to abide by the County's guidelines for use of the GIS. The County will advise the Municipality, in writing, of any delinquency in payment beyond thirty (30) days and terminate the Municipality's access effective the date of this advisement. The County will advise the Municipality, in writing, of any misuse of the GIS. The Municipality must notify OCIS in writing within seven (7) days of receipt of the letter its intention to resolve the issue. If the issue can not be resolved in a timely manner to the County's satisfaction, the County may terminate the Municipality's access effective the date of that determination. C-6540 7. INDEMNIFICATION. The Municipality agrees to protect, defend, indemnify and hold the County and its officers and employees free and harmless from and against any and all losses, claims, liens, demands and causes of action of every kind and character, including but not limited to the amount of judgments, penalties, interest, court costs, legal fees incurred by the County arising in favor of any party, occurring in connection with, or arising, directly or indirectly, out of this Agreement. 8. ASSIGNMENT. The Municipality agrees not to assign any right or interest in this Agreement. Any attempt by the Municipality to transfer by any means, any of the rights, duties, or obligations of this Agreement is null and void. . IN WITNESS WHEREOF, this Agreement has been executed by the duly authorized officers of the respective parties. APPROVED AS TO FORM: ACCEPTED: COUNTY OF DUTCHESS County Attorney's Office APPROVED AS TO CONTENT: William R. Steinhaus County Executive TOWN OF WAPPINGER, Municipality BY: Commissioner, OCIS Joseph Ruggiero Supervisor C-6540 0