COUNTY AND STATE GOVERNMENTS WORKING TOGETHER!IntroductionFor the last two years, Jefferson County, Alabama, The Alabama Department of Transportation and the Alabama Department of Revenue, with the help of Atlantic Technologies, have been working on an agreement to develop a standardized GIS data model and organization that would allow the sharing of GIS data and costs. With the Governor signing the agreement, the model is now a reality. This agreement sets up the fundamental parameters that will be used for the development of a statewide mapping system -- which local governments will be more than willing to live with. BackgroundJefferson County is about 1114 square miles located in the central north portion of Alabama. There are 38 municipalities in Jefferson County (soon to be 39). The largest is Birmingham and the smallest is North Johns (population 142). While we have many incorporated areas, we also have large unincorporated areas mostly rural or corporate owned properties. Jefferson County Alabama has, historically, been considered a primary leader in most aspects of Information Technology for the State of Alabama. GIS is no exception. The County has been operating a GIS since 1987 and in 1990 consolidated GIS activities into a division of the Information Services Department. We serve a majority of the land-oriented departments including but not limited to:
In addition, we have been developing working relationships with outside agencies including municipalities (both small and large) and boards of education. We have working relationships with state agencies including the Jefferson County Department of Health, Alabama State Department of Transportation (ALDOT) and the Alabama State Department of Revenue (ALDOR). We work with educational institutions including Samford University, University of Alabama in Birmingham, the University of Alabama, Auburn University, Birmingham Southern College, and Bessemer State Technical College. We provide demonstrations of GIS to High Schools, Junior High Schools and Elementary schools by request. We have also participated in cooperative projects with the National Weather Service, Corps of Engineers, U.S. Department of Agriculture, U. S. Department of Housing and Urban Development and the FBI. Project DevelopmentWhile working with data requests from our Roads and Transportation Department to provide information for a large project on the northern side of the county (Northern interstate beltway), the department began to realize the convenience of having information at their fingertips. In addition, one of our vendors, Atlantic Technologies, had presented the Department of Transportation a demonstration of the power of GIS. In it, they had described how information for acquiring right of way could be obtained by cross-referencing property ownership data with design data. ALDOT became excited about the possibility of using this technology for analysis purposes. The County did not know this at the time, but we were ready to begin our maintenance of the County's planimetric, topography and digital ortho data. We had already been providing data to the State for road projects via our Road and Transportation division. On more than one occasion it had been brought to my attention that while our current information was good it did not fit State specifications. Our specifications had been developed in the late 80's and had not changed very much since. We had not had the money to go to a 1:100 scale map. We were close but not quite there. The County's GIS Steering committee decided that now was a good time to move to a more accurate scale. The costs were down and we could afford about the same amount of data per year at what it normally cost us, but now it would be more accurate. Our intent was that this, more accurate data, would allow more engineering oriented departments such as Environmental Services and Roads and Transportation to use GIS data to a greater extent. Since we did not want to recreate the wheel we began to contact ALDOT and Atlantic to see if we could get a copy of specifications that we could use a base. We had already had the specifications of the Department of Revenue and had used them as the basis for the development of the property ownership layer. Through a series of conversations it was determined that the ALDOT was looking for a guinea pig and we were just the pig they were looking for. The AgreementThrough this series of conversations and finally a few meetings the three organizations developed a plan for an agreement. I had been working on an agreement with the one of our local municipalities and used it for a base. By the time our lawyer got through with it maybe ten words were left. The fundamental concept stayed the same, however. The two state departments would fund the vast majority of a completely new flight and subsequent processing of data into LiDAR, planimetrics and digital ortho photography at ALDOT specifications and the County would commit to update the data for no less than three years. Data would be co-owned. The agreement also creates a steering committee to develop new standards or make changes. It also accommodates new participants to join the group. In Alabama there is a three-year limitation on contracts for government agencies. We expect to renew this contract, however, for some time to come. SpecificationsThe agreement initiated the need to come up with specifications that could be used by all parties involved. This turned out to be much easier than any of us originally anticipated. We used the specifications originally designed by the ALDOT but made changes in some of the layers and the overall flight requirements. We also were able to incorporate all of the basic database design the County had developed over the years. ALDOT had learned that there were some pieces of information they had previously collected were never used in practice. ALDOR deferred most of the specifications back to the ALDOT and our own expertise. In the end we all agreed to a specification set and only spent one meeting in doing it. Once again we were all comfortable with the knowledge that if something came up later, the original agreement gave us the ability to make changes some long as everyone agreed to the changes. What also helped was that ALDOT used Microstation as their primary software where the County used Esri products. StatusWe have completed our pilot project with very favorable results and we are now receiving data by the time of this presentation we expect to be about one third complete. With any project of this scale, not everything goes according to plan but we have worked together to overcome all obstacles. We are now also working on another project with our partners, which is an extension to this one. We will soon roll out a limited access web site, using ArcIMS that will combine tax records and the data we are collecting. In this way the ALDOT can research up-to-the-minute data for ROW acquisition. We are pleased with the level of cooperation we have all shown and expect this to continue in the future. When I was trying to gather my facts for this paper I asked both ALDOT and ALDOR to provide names so I would be able to site individual for their contributions. They did not want to do that. They felt that they were just doing their job. I am disappointed, however, with one initiative set forth by the Alabama Department of Revenue. This initiative would have set into motion a statewide study of the mapping needs of the individual counties. Another group has convinced the governor that a survey will suffice. The concern is that many of these counties are not GIS savvy and will not be able answer the questions in a way that will truly reflect their needs. The other concern would be that the questionnaire might be written in such a manner that would slant answers toward a predetermined outcome. While Jefferson County is moving forward, I am afraid that many of the other counties in Alabama may now be denied the same opportunity that was presented to us. FUTUREOur agreement is going very well. We firmly believe that the level of cooperation between the state departments and the county will continue. In fact it should be strengthened and expanded. There are definite economies of scale to GIS and we will attempt to exploit that to the taxpayers' advantage. Appendix A - Sample Agreement DIGITAL INFORMATION COOPERATIVE AGREEMENTThe Digital Information Cooperative Agreement (hereinafter referred to as Agreement) is entered into as of the _____day of ____________ 2001, by and between Jefferson County, Alabama (hereinafter referred to as County), the Alabama Department of Revenue (ADOR) and the Alabama Department of Transportation (ALDOT) (hereinafter jointly referred to as Parties). RECITALSWHEREAS, the County maintains a system that contains a significant variety of digital information that is used in the daily operation of numerous departments supporting the constituents of Jefferson County; WHEREAS, the ADOR maintains information concerning the collection of revenue for the State of Alabama; WHEREAS, the ALDOT maintains information concerning the design, construction and maintenance of a statewide system of transportation corridors for the State of Alabama; WHEREAS, it has been determined that each of the agencies maintain some information that is similar and overlapping; WHEREAS, it is in the best interest of the constituents of these jurisdictions that a cooperative agreement be established to share the costs of development and maintenance of these similar data elements; and WHEREAS, the County, the ADOR, and the ADOT are willing to equally share ownership of this data. NOW THEREFORE, the Parties hereto, in consideration of the mutual covenants and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, do hereby agree as: Section 1. Contributions and Responsibilities(a) Definitions. As used herein the following terms shall have the meaning ascribed to them: (i) "Data Set" shall mean the digital and non-digital information, databases, calculations, and any products developed or placed to support computerized mapping that will include the following components:
(ii) "Cost of the original development" shall mean the total amount required for payment to MD Atlantic Technologies for producing the Data Set. (b) The County shall contract with MD Atlantic Technologies to produce the Data Set. The cost of the original development shall be paid by ALDOT and ADOR as follows: (i) ALDOT shall pay for one-half the cost of the original development of the Data Set up to One Million Eight Hundred Thousand Dollars ($1,800,000.00). Payment shall be made to the County within 90 days of receipt of invoices reflecting progress payments due to or paid to Atlantic Technologies. Provided, the ALDOT payments shall be paid over the course of two fiscal years (2001-2002 and 2002-2003). (ii) The remaining one-half cost of the original development shall be paid by ADOR as follows: The estimated amount to be paid shall be included by the County in the County's appraisal and mapping budget. ADOR will review and approve the budget. Upon approval, ADOR will authorize the county tax collector to withhold from tax collections the amounts required for such payment. Sixty percent shall be assessed to the Board of Equalization. Forty percent shall be assessed to the tax assessor. Provided, the Tax Collector's withholding shall be done over the course of two fiscal years (2001-2002 and 2002-2003). The Tax Collector shall remit the withheld collections to the County, including a final payment when the final amount is known. (c) ADOR, ALDOT and the County agree to contribute expertise and employee time and expense in providing verification of the Data Set at the digital and spatial levels to insure accuracy; and agree to support verification of the Data Set by comparing the Data Set to survey and map information in their respective possession. (d) The County will provide regular maintenance of the Data Set following completion of the original project. Such regular maintenance shall include an update of approximately ten percent (10%) of the Data Set each year provided the County will contract to provide aerial photography of the entire county every two years. Section 2. Grant of Exclusive License. For and in consideration of the shared costs of completion of a mutually agreed Data Set, each party agrees to grant the other a mutual right for their respective use of all data developed from this Agreement. Section 3. Cooperative Steering Committee. A Cooperative Steering Committee is hereby established to effect the objectives of this Agreement. 3.01 Committee Members. The Cooperative Steering Committee shall consist of a member from each party of this original agreement. The Steering Committee has no authority to change the terms of this agreement, except by supplemental agreement approved by all three original members. 3.02 Committee Responsibilities. The Committee responsibilities shall include the following:
3.03 Subcommittees. The Committee may designate subcommittees to investigate and make recommendations. Section 4. Use of Cooperative Data. The Parties to this Agreement shall use the Data Set resulting from this Agreement only for their respective internal business purposes. Provided, if such purposes involve some disclosure to third parties, such third parties shall be required to execute a Non-Disclosure Agreement (See 4.02 below, and Exhibits A and B). 4.01 Derivatives of Cooperative Data. It is expected that each user will add additional information to the original Data Set. All parties are encouraged to share the added information to the other parties when it is deemed appropriate. Each Party reserves the right to keep sensitive information private. 4.02 Licensing of Data to Third Parties. The use of the data produced under this agreement may be licensed to third parties by Data License Non-Disclosure Agreement. The Data License Non-Disclosure Agreement will be approved by the individual governing body and an informational copy will be provided to the other original members. Section 5. Costs. Categories of costs shall be limited to the development of Data Set, maintenance of the Data Sets, the verification of the Data Set and any potential transfer of the Data Sets. Costs for the internal storage and dissemination of any data shall be the responsibility of the individual party. 5.01 New Members. Parties added by supplemental agreement to this agreement will be expected to share in the costs of the ongoing maintenance of the Data Set and payment of such additional amounts as determined by the Cooperative Steering Committee in advance of membership. 5.02 Records/Audit. Each party shall keep true and accurate books of account and records in accordance with generally accepted accounting principles, consistently applied, covering all transactions relating to this Agreement. Each party and its duly authorized representatives shall have the right, upon reasonable notice, and at all reasonable hours during normal business days, to examine and copy such books of account and records and all other documents and materials in the possession or under the control of any party with respect to the subject matter and the terms of this Agreement, the cost of which shall be borne by the requesting party. Section 6. Term and Termination 6.01 Term The term of this Agreement shall commence on the date hereof and shall continue for three years. After such time, this Agreement shall automatically renew annually unless any one of the Parties terminates the Agreement by written notice within 30 days of the contract termination date. 6.02 Termination. Upon termination of this Agreement for any reason whatsoever, no data will be required to be returned to any other party. The liability for payment of any unpaid fees or obligations shall continue until paid. Section 7. Assignment. Neither this Agreement nor any of the rights or duties hereunder may be assigned or otherwise transferred in any way by any party hereto, voluntarily or involuntarily, by operation of law, or otherwise, without the prior written consent of the other party, which consent may be conditioned upon execution of an undertaking by the assignee pursuant to which the assignee agrees to assume the obligations of the assignor and to fulfill the assignor's duties hereunder, but such consent shall not otherwise be unreasonably withheld, conditioned or delayed. Section 8. Force Majeure. No party is responsible for delays due to causes or occurrences beyond its control including, but not limited to, civil disobedience, acts of God, casualty or accident, war, labor disputes, or the like. Section 9. Successors and Assigns. This Agreement will apply to, be binding in all respects upon, and inure to the benefit of the successors and permitted assigns of the parties. Section 10. No Third Parties Benefited. This Agreement is made and entered into solely for the benefit of the represented parties, their successors and permitted assigns, and no other person or entity shall have any rights hereunder. Section 11. Miscellaneous. This Agreement supersedes all prior agreements between the parties with respect to its subject matter and constitutes a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended except by a written agreement executed by the party to be charged with the amendment. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The captions used herein are for convenience and shall not control interpretation of the text. Section 12. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by those officers, officials and persons thereunto duly authorized, and the AGREEMENT is deemed to be dated and to be effective on the date stated hereinafter as the date of approval of the Governor of Alabama. SEAL: ATTEST: JEFFERSON COUNTY, ALABAMA
(Signature) Jefferson County Commission, President
Type Name Type Name (County Commission President) THE ALABAMA DEPARTMENT OF REVENUE_____________________ ____________________________________ Revenue Commissioner APPROVED AS TO FORM: _____________________________________ Jim R. Ippolito, Jr., Chief Counsel Alabama Department of Transportation RECOMMENDED FOR APPROVAL:
Transportation Planning Engineer, George Ray
Chief Engineer, Ray D. Bass STATE OF ALABAMA ACTING BY AND THROUGH THE ALABAMA DEPARTMENT OF TRANSPORTATION Paul Bowlin, Transportation Director The foregoing agreement is hereby approved by the Governor of the State of Alabama, this ___ day of __________, 2001. ______________________________________ Governor of Alabama, Don SiegelmanExhibit AGEOGRAPHIC INFORMATION SYSTEMS NON-DISCLOSURE AND DATA LICENSE AGREEMENT In consideration of the payment by LICENSEE of the applicable fees in accordance with the Jefferson County Geographic Information Systems fee schedule, Jefferson County hereby licenses and lets unto the following LICENSEE the use, for its own purposes and no other, of selected digital data elements as described below. This license is subject to the following conditions and provisions: A. The LICENSE hereby granted is for the sole use of the LICENSEE for its internal purposes only and may not be assigned, granted, sold, transferred, or in any way made available to any other individual, firm, company, corporation, government, or governmental agency without the express written consent of Jefferson County. B. The digital data elements licensed hereby are without any warranty whatsoever, express or implied, or for any particular purpose whatsoever and are accepted by LICENSEE "as is." C. The term of this LICENSE shall be indefinite provided, however, that LICENSOR may terminate this LICENSE for any breach of any of its conditions or provisions by delivery to LICENSEE of a written notice of termination. Upon such termination, LICENSEE shall immediately return to LICENSOR all elements and items licensed hereby and all copies thereof. LICENSEE shall not be entitled to any refund of fees. LICENSEE shall be liable to LICENSOR for all damages resulting to or incurred by LICENSOR from the breach hereof. GIS DIGITAL PRODUCTS AND SERVICES LICENSED HEREBYGIS Data and ServicesExecuted on the dates listed below by the duly authorized representatives of the parties hereto. Date: _____________________________ Date: ____________________________ By: ______________________________ By: _____________________________ LICENSOR LICENSEE JEFFERSON COUNTY, ALABAMA Exhibit B GEOGRAPHIC INFORMATION SYSTEMS NON-DISCLOSURE AND DATA LICENSE AGREEMENT In consideration of the work being performed by the Consultant, the Alabama Department of Transportation hereby licenses and lets unto the following LICENSEE the use, for work to be performed on State projects and no other, of selected digital data elements as described below. This license is subject to the following conditions and provisions: A. The LICENSE hereby granted is for the sole use of the LICENSEE for its internal purposes only and may not be assigned, granted, sold, transferred, or in any way made available to any other individual, firm, company, corporation, government, or governmental agency without the express written consent of the Alabama Department of Transportation. B. The digital data elements licensed hereby are without any warranty whatsoever, express or implied, or for any particular purpose whatsoever and are accepted by LICENSEE "as is." C. The term of this LICENSE shall be indefinite provided, however, that LICENSOR may terminate this LICENSE for any breach of any of its conditions or provisions by delivery to LICENSEE of a written notice of termination. Upon such termination, LICENSEE shall immediately return to LICENSOR all elements and items licensed hereby and all copies thereof. LICENSEE shall not be entitled to any refund of fees. LICENSEE shall be liable to LICENSOR for all damages resulting to or incurred by LICENSOR from the breach hereof. GIS DIGITAL PRODUCTS AND SERVICES LICENSED HEREBY GIS Data and ServicesExecuted on the dates listed below by the duly authorized representatives of the parties hereto. Date: _____________________________ Date: ____________________________ By: ______________________________ By: _____________________________ LICENSOR LICENSEE ALABAMA DEPARTMENT OF TRANSPORTATION |