5.i) Approve Licensing Agreement and Letter of Agreement with Washington County for Bolten & Menk's use of Mapping Data for Uptown Sewer System Master Plan Meeting Date: 4/19/2011
Agenda Item: �� /�
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City Council Agenda Report
City of Scandia
14727 209�' St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Approve Licensing Agreement and Letter of Agreement with
Washington County to permit Bolton&Menk to use county data for
the Uptown Sewer System Master Plan project.
Deadline/Timeline: Needed ASAP to meet project schedule.
Background: • Bolton and Menk has requested permission from Washington
County to use county GIS and mapping data for plans to be
produced as part of the sewer study. The county will provide the
data pursuant to the attached agreements.
• The City has previously entered into similar agreements allowing
use of mapping data by other consultants and for other projects.
• The agreements have been reviewed by the City Attorney.
Recommendation: I recommend that the Council approve the agreements and authorize
the Mayor to sign on behalf of the City.
Attachments/ • Licensing Agreement
Materials provided: . Letter of Agreement
Contact(s): John Baer, Survey Project Coordinator, '
Washington County (651 430-6883)
Prepared by: Anne Hurlburt,Administrator
(Agreements for Washington County mapping data)
Page 1 of 1
04/12/11
Page Three of Three
Digital Data Licensing Agreement AD0065
CONSULTANT: BOLTON & MENK, INC.
By; �--g4�=� i , �
uthorized Signature Official itle
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Please Print Name Date
LICENSOR: WASHINGTON COUNTY
By:
Michael J. Welling Date
County Surveyor
jlb:04/06/11
�
Public Works Department
w��g�n Survey and Land Management
� Donald J.Theisen,P.E.
i-•...s� Q�� Director/County Engineer
!
Michael J.Welling,PLS
County Surveyor
License No.1102
LETTER OF AGREEMENT
In order to establish authorization to use the Washington County Digital Parcel Maps Data Base
licensed to the City of Scandia by the Cities consultant, BOLTON & MENK, INC., the
undersigned hereby understands and agrees that:
1. BOLTON & MENK, INC. and its employees, acting as consultant to the City of
Scandia may combine the Digital Parcel Maps Data Base with different data to
create new and original electronic or hardcopy products for the City of Scandia's
business activities. However, BOLTON & MENK, INC. and its employees shall
not reproduce or duplicate the Digital Parcel Maps Data Base in electronic form
for sale, licensing or distribution in any manner; except it may create one
electronic backup copy.
2. The County is furnishing the Digital Parcel Maps Data Base on an "AS IS" basis,
without any support whatsoever, and without representation or warranty,
including but not in any manner limited to fitness, merchantability and
completeness of the Digital Parcel Maps Data Base.
3. BOLTON & MENK, INC. agrees to hold the County and all its agents and
employees harmless from and indemnify the County, its agents and employees
against any and all liability, claims, damage, loss and expense arising from the
utilization of this Digital Parcel Maps Data Base.
4. The Digital Parcel Maps Data Base is neither a legally recorded map nor a survey
and is not intended to be used as one. The Digital Parcel Maps Data Base is a
compilation of records, information and data from various city, county and state
offices and other sources and should be used for reference only. No
representation is made that the features presented, accurately reflect true location.
Washington County or any other entity from whom data was obtained assume no
liability for any errors or omissions herein. If discrepancies are found, please
contact the Washington County Public Works Department, Survey and Land
Management Division.
Government Center • 14949 62nd Street North—P.O. Box 6, Stillwater, Minnesota 55082-0006
Phone: 651-430-6875 • Fax: 651-430-6888 • TTY: 651-430-6246
www.co.washington.mn.us
Equal Employment Opportunity/Affirmative Action
Page 2
Digital Parcel Data License No. 1102
5. Upon termination of this Agreement the Digital Parcel Maps Data Base shall be
returned to the County or destroyed within 10 days of the termination.
6. The County's sole liability and Licensee's exclusive remedy for any substantial
defect which impairs the use of the Digital Parcel Maps Data Base for the purpose
stated herein shall be the right to terminate this Agreement and a refund of the fee
paid.
LICENSEE: CITY OF SCANDIA
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By: . ;�
Authorized Signature Off ial Title
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Please Print Name Date
CONSULTANT: BOLTON & MENK, INC.
By: `,.,,,�6�--�^� Gry1S \ro�°��} �v�nr�-S�►�
Authorized Signature Official Title
�a�, �h�.�� y -�-- � ,
Please Print Name Date
WASHINGTON COUNTY
By:
Michael J. Welling Date
CounTy Surveyor/Division Manager