Agreement No. 99-101

This License Agreement is entered into by and between the State of Washington Department of Natural Resources, P.O. BOX 47020, Olympia, WA 98504-7020, hereinafter referred to as the DNR, and the following individual Washington Cadastral Framework partner organizations hereinafter referred to as the PARTNERS for the express purposes set forth in the following provisions of this Agreement:

The PARTNERS, including DNR, agree to enter into partnership for the Washington Cadastral Framework. IT IS THE PURPOSE OF THIS PARTNERSHIP AGREEMENT TO facilitate Washington Cadastral Framework development, implementation, and maintenance. The Washington Cadastral Framework is an effort to identify and develop a standard data model for the commonly needed and maintained cadastral data among federal, state, regional, county, city, tribal, and private organizations throughout the state. PARTNERS are developing a new way of doing business where PARTNERS share responsibilities, commitment, benefits, and control. The DNR is leading this partnership effort under the guidance of the Washington Geographic Information Council. The Federal Geographic Data Committee (FGDC) standards will be utilized in developing the framework data and metadata. When complete, data distribution and maintenance among the PARTNERS will take place via the Internet.

DEFINITIONS for the purpose of this PARTNERSHIP AGREEMENT:

The framework refers to a set of basic, readily available geographic information system (GIS) data, including the technological, institutional, and procedural components necessary to support integration, maintenance and widespread distribution and use of that data.

Statewide framework data are base GIS data covering the geographic area of Washington State, developed within data themes (e.g. cadastral, hydrography, transportation, etc.), and made available for widespread distribution.

Cadastral data are defined as the geographic extent of the past, current, and future rights and interests in real property including the spatial information necessary to describe that geographic extent. Cadastral data include Public Land Survey information, political sub-division boundaries (i.e. city, county, tribal reservation, state), and ownership information.

Washington Cadastral Framework data are the commonly needed and mutually maintained basic cadastral GIS data available for the framework, as defined by the PARTNERS. The Washington Cadastral Framework data resides on the DNR's Internet web server.

Metadata are data about data. They describe information about the content, quality, currency, and other characteristics of data.

PARTNER shall mean the organizations listed above including the DNR (Page 1 and 2).

The Washington Cadastral Framework is being developed in a phased approach. The initial phase involved developing a physical data model based on the FGDC Cadastral Data Content Standards, populating it with initial data, and distributing it over the Internet to the PARTNERS. The second phase involved a pilot project within Snohomish County to develop mechanisms and procedures for integrating PARTNER data sets into the Washington Cadastral Framework. The next planned phase is to test the implementation of the integration procedures and mechanisms in cooperation with several state and county PARTNERS. If funded, the effort will take place within two pilot counties - one with advanced GIS cadastral data and one just beginning GIS cadastral data development. The focus of these efforts will be to address the cadastral business processes between state agencies and local assessor offices and to improve public land ownership and growth management data. An additional focus will be to gain a better understanding of the costs and benefits involved with Washington Cadastral Framework participation. A long term, state integration plan will be developed based on the findings.

It is the intent of the PARTNERS to provide Washington Cadastral Framework data to the general public. Public users are bound by the terms of the ON-LINE DATA AGREEMENT (see Attachment B). During the development phases, the Washington Cadastral Framework data may only be available to PARTNERS. HEREINAFTER the DNR contribution(s) in Section 1.1 and the PARTNER contribution(s) in Section 1.2 shall be referred to as contribution(s).

NOW THEREFORE, the PARTNERS hereto agree as follows:

Description of the Database: The Washington Cadastral Framework system consists of geographic data and associated documentation (metadata) that describes origins, collection methods, frequency of updates, and table structure. Cadastral data are the geographic extent of the past, current, and future rights and interest in real property, including the spatial data necessary to describe that geographic extent. Geodetic control will also be part of the database.

The Washington Cadastral Framework data are geographically referenced using North American Datum 1983 (NAD83) geographic coordinate values in latitude/longitude decimal degrees. Coordinates are referenced to ellipsoid Geodetic Reference System of 1980 (GRS 80). Positive longitudes are understood to be east of the Greenwich meridian. Over time, the Public Land Survey System (PLSS) corners will be assigned Geographic Coordinate Database (GCDB) identifiers. Initially, the general horizontal accuracy will be +/- 1 to +/- 200 feet for PLSS corner locations. The best available data will be accepted for the Washington Cadastral Framework based on documented accuracy and source information. Over time, the accuracy will improve as PARTNER contributions are integrated.

PARTNERS, including the DNR, agree to support the Washington Cadastral Framework database through in-kind and/or other contributions and are committed to providing and maintaining accurate, useful, and current Washington State cadastral information to the Washington Cadastral Framework when available and appropriate. Data contributions will not be a one time effort. Rather, long term data maintenance will be established. Updates made to the Washington Cadastral Framework data by PARTNERS will be contributed back to the Washington Cadastral Framework.

1. CONTRIBUTIONS:

1.1 DNR PARTNER contribution(s) to be provided to the Washington Cadastral Framework:

The DNR agrees to provide Washington Cadastral Framework data coordination, management, administration and development. The DNR responsibilities include: coordination and resolution of operational and advancement issues, determination of maintenance needs, maintenance of a safe archive, identification of data contributors, guidance to data contributors, conformance to standards, formulation and administration of grant proposals, development of data agreements, promotion of framework concepts and the Washington Cadastral Framework via written, and verbal communication, and encouragement of communication and cooperation among PARTNERS.

The DNR will be responsible for the Washington Cadastral Framework data distribution application including; Internet Map Server (IMS) software, download functionality, an online disclaimer, metadata with the Washington Cadastral Framework data, and FGDC compliant metadata for the Washington Clearinghouse Node.

The DNR will maintain a framework server and web pages.

The DNR will be responsible for physical data construction, initial data population conversion, refreshing data in the Washington Cadastral Framework, and for database backup and recovery.

The public distribution of Washington Cadastral Framework data will occur through use of the DNR framework web site. The DNR will provide direct read access to the Washington Cadastral Framework to PARTNERS.

The DNR will provide baseline Washington Cadastral Framework data which has been developed by the Land Survey Section, Resource Mapping Section, Land Records Section, and the Aquatic Resources GIS Section. Other PARTNER data that is contributed will be integrated as funding and staff allow.

The DNR will be responsible for the edit environment of the Washington Cadastral Framework including quality control standards and policies and editing standards and procedures. The DNR will also gather and evaluate PARTNER feedback on the Washington Cadastral Framework and test and refine methods for retaining and managing historical versions of data.

1.2 PARTNER contribution(s) to be provided to the Washington Cadastral Framework:

Each PARTNER that contributes Washington Cadastral Framework data, will provide the data contribution according to the Cadastral Data Transfer Standard described in Attachment A. PARTNERS will use the update processes and utilities to share in the integration and maintenance of the Washington Cadastral Framework. In-kind services, data contributions, funding, or a combination thereof is required for PARTNER participation. These contributions will vary by PARTNER. The Bureau of Land Management may provide additional integration staff support to the DNR Land Survey Section, pending their approval and funding. The Washington Cadastral Framework will integrate corner, boundary, Public Land Survey System (PLSS) and non-PLSS legal description, ownership parcel, administrative boundary, document, and agency information. The following PARTNERS will be providing specifically listed data to the Washington Cadastral Framework as it becomes available: DNR - corners, PLSS township and section legal description, ownership, major public land ownership, and administrative boundary information; Bureau of Land Management (BLM) - Geographic Coordinate Database (GCDB) for PLSS corners and section subdivision legal descriptions, federal ownership, and administrative boundary information; U.S. Forest Service - corner, legal description, ownership, and administrative boundary information; Bureau of Reclamation - corner, legal description, ownership and administrative boundary information; State Organizations - corner, legal description, ownership, and administrative boundary information; County Organizations - corner, legal description, tax parcel boundary and associated tax parcel identification number, and administrative boundary information; Private Organizations - corner, legal description, and ownership information. PARTNERS contributing data to the Washington Cadastral Framework can expect to contribute between 1 and 40 in-kind service hours per year. Additional PARTNER contributions may be necessary and may be added to this agreement through an addendum.

1.3 Technical Specifications:

1.3.1 Data Distribution Format: ESRI ArcView shape files will be the general file format for data distribution from the framework. Any conversion process from the framework data format to other formats (eg. shape file converted to ARC/INFO coverage) will be the responsibility of the individual PARTNERS.

1.3.2 Technology Interface Requirements: Existing technology will be utilized as much as possible to build the system. The DNR will avoid imposing specific software or hardware requirements on PARTNERS. To use and access cadastral framework data on the Internet, PARTNERS will need to have an Internet connection and a JAVA enabled browser. It is assumed each PARTNER will have some form of Geographic Information System (GIS).

1.3.3 Data Interface Requirements: For uploading data to the Washington Cadastral Framework, feature level metadata documenting data accuracy and source is required and is specified in the Cadastral Data Transfer Standard (see Attachment A). For downloading data from the Washington Cadastral Framework, the data will be prepackaged in a pkzip file format. The pkzip file package will include the data shape file, the metadata file, and the on-line agreement file. For download time requirements over 30 minutes, off business hours will be used (see Section 1.3.5 for normal business hours).

1.3.4 Data disclaimers: A mutually agreed upon disclaimer/liability/use on-line data agreement will be required in the system for on-line check off before framework data is made available for viewing, querying, or downloading. This check off will be a menu selection indicating that the disclaimer has been read, understood, and accepted.

1.3.5 System Operational Support Requirements: Normal business hours are from 8:00 a.m to 5:00 p.m. weekdays (excluding state holidays). Back-up/recovery time is 24 hours or two business days. The DNR will not be held responsible for circumstances beyond its control that affect system reliability and/or up-time (e.g. acts of nature, vandalism, power outages, etc.).

1.3.6 Security Parameters: Physically the DNR framework data server is housed within the DNR's headquarters, but logically, through the Department of Information Services (DIS) network, it lies on the outside of this secure state government network. The network infrastructure is managed by Department of Information Services (DIS) and also by the DNR's network management staff. The framework data server, managed by the DNR, is configured to allow all network protocols to enter the system, but only Simple Mail Transfer Protocol (SMTP) to pass out from the system. This provides an additional level of security for the server. Maintenance of the system (server, data, etc.), must be done physically on site since network security prevents logical access.

• ADMINISTRATION AND FUNDING:

2.1 Decision Making Process: All PARTNERS currently make general Washington Cadastral Framework decisions by consensus. As the Washington Cadastral Framework develops, there may be a need to create a more formal process for decision making. If such action takes place, an addendum to this agreement would be required, with PARTNER approval, specifying the decision making process.

2.2 Administration: The DNR shall administer this PARTNERSHIP AGREEMENT.

2.3 Washington Cadastral Framework System/Database Problems: In terms of help desk staff, the goal will be to provide as much on-line help as possible through the metadata and the Internet Map Server (IMS) application. The only help desk calls that should come into the DNR would be to report system failures. Once a system failure has been reported to the DNR GIS Help Desk (phone number 360-902-1555), they will seek appropriate personnel for resolution.

2.4 Compensation: All PARTNERS agree to provide the contributions described in Sections 1.1 and 1.2 at no charge to each other. All PARTNERS shall pay for their own equipment usage and/or any technical consulting services and training beyond the training that is provided.

2.5 PARTNER Coordinator: Communication between DNR and the PARTNERS will be conducted through a PARTNER Coordinator for each PARTNER. If a PARTNER Coordinator (see list in Section 9.5) has a change in job duties or employment or for any other reason cannot fulfill the role of the PARTNER Coordinator, written notice will be given to the DNR PARTNER Coordinator within 30 days of this determination. The notice will also name a replacement PARTNER Coordinator or a substitute PARTNER Coordinator until a permanent replacement can be found.

2.6 Change in Washington Cadastral Framework Data Model: Advance notice will be posted on a PARTNER communications web page regarding any code table change, data structure change, or application change by the DNR PARTNER Coordinator or other appropriate personnel. If feasible, an Internet bulletin will be sent to PARTNER Coordinators, and will be posted on the Washington Cadastral Framework web page for further details.

2.7 Washington Cadastral Framework Data Update Frequency: Once an update application is built and implemented for the Washington Cadastral Framework, the data will be refreshed (any updates posted) at least once per month.

3. USE:

3.1 Permitted Use: Each PARTNER agrees that the Washington Cadastral Framework data shall be used for each PARTNER's business activities and for no other purpose.

3.2 Restrictions on Use: The PARTNERS do not support or assume any liability for data acquired and used by a third party through secondary data distribution. Copies of data downloaded from the Washington Cadastral Framework shall not be redistributed for profit, or otherwise, except as allowed by the law.

3.3 Reserved Rights: The Washington Cadastral Framework is an integrated collection of data from the PARTNER data contributions. The PARTNERS, including the DNR, shall retain all rights, title and interest in their individual proprietary cadastral databases, from which their Washington Cadastral Framework data contributions are based. Data contributions provided to the Washington Cadastral Framework become public. The PARTNERS reserve the right to manage the Washington Cadastral Framework data.

4. TERM:

4.1 The term of this PARTNERSHIP AGREEMENT shall be 3 years from the date of signature of the DNR (effective date). A review by all PARTNERS may occur after 1 year from the effective date. Pending the amount of changes needed to this agreement, the PARTNERS may decide to amend this PARTNERSHIP AGREEMENT, or they may choose to re-write the entire PARTNERSHIP AGREEMENT unless terminated as set forth in Section 4.2 below.

4.2 A PARTNER may terminate this PARTNERSHIP AGREEMENT by giving written notice to the DNR, at the address first noted herein, prior to the effective date of such termination. The DNR may terminate this PARTNERSHIP AGREEMENT by giving written notice to any other PARTNER(S) prior to the effective date of such termination.

4.3 Upon termination of this PARTNERSHIP AGREEMENT, as set forth in Section 4.2 above, the rights of the PARTNER shall cease. These rights include their ability to update the Washington Cadastral Framework, to share in decision making regarding the Washington Cadastral Framework, and access rights to PARTNER web pages or applications. Their logon-id access will be terminated. The terminated party shall also relinquish all rights to data contributed to the Washington Cadastral Framework up to and including the date of termination. There shall, however, be no obligation to continue providing updates to the Washington Cadastral Framework.

5. DELIVERY:

5.1 All PARTNERS, shall deliver their contributions, specified under Section 1. CONTRIBUTIONS, to the Washington Cadastral Framework at their own expense.

5.2 All PARTNERS agree to replace or repair returned data contributions if they want the data to be integrated into the Washington Cadastral Framework. Data contributions may be returned for the following reasons; defective media, files that are corrupted and cannot be read, lack of associated metadata, or failure to pass the update quality control check.

6. NO WARRANTY:

6.1 WASHINGTON CADASTRAL FRAMEWORK DATA IS PROVIDED "AS IS", WITHOUT ANY WARRANTY OF ANY TYPE WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT.

• ASSIGNMENT AND TRANSFER:

7.1 All PARTNERS agree that to the extent permitted by law, they shall not disclose, lease, sell, distribute, make, transfer, or assign Washington Cadastral Framework data or engage in any other transaction which may have the effect of transferring the rights or benefits of the PARTNERS or of the right of use of part, or all of the Washington Cadastral Framework data. No other variation, modification, or deviation of structure of the Washington Cadastral Framework data shall be labeled, assigned, or transferred as Washington Cadastral Framework data.

8. LIABILITY:

8.1 No PARTNER shall be liable to any other PARTNER(S) of this PARTNERSHIP AGREEMENT or any other party for any activity involving the Washington Cadastral Framework data contribution(s), data, or system with respect to the following:

(a) Lost profits, lost savings or any other consequential damages.

(b) The merchantability of or the fitness of the contribution(s) for a particular purpose.

(c) The Internet on-line data transfer or installation of the contribution(s), its use or the results obtained.

8.2 No PARTNER assumes liability for data acquired and used by a third party through secondary data distribution.

• GENERAL:

9.1 Applicable Law: This PARTNERSHIP AGREEMENT shall be construed, interpreted and governed by the laws of the State of Washington without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this PARTNERSHIP AGREEMENT shall be the state court sitting in Thurston County, State of Washington, USA.

9.2 Severability: If any term or provision of this PARTNERSHIP AGREEMENT or the application thereof to any person or circumstance is held by a court or other tribunal or competent jurisdiction to be invalid or unenforceable, such term or provision shall be eliminated or limited to the minimum extent necessary so that the remainder of this PARTNERSHIP AGREEMENT shall not be affected thereby, and each term and provision of this PARTNERSHIP AGREEMENT shall be valid and enforced as written to the fullest extent permitted by law.

9.3 Entire PARTNERSHIP AGREEMENT: This PARTNERSHIP AGREEMENT and Attachments A and B contain the entire AGREEMENT of PARTNERS hereto with respect to the matters covered hereby. With the exception of future attachments, addendums, or amendments, no other agreement, statement or promise made by any PARTNER hereto, which is not contained herein, shall be binding or valid.

9.4 This contract may be simultaneously executed in several counterparts, each of which shall be deemed to be original having identical legal effect.

9.5 Washington Cadastral Framework PARTNER Coordinators:

SIGNATURE PAGE

WASHINGTON CADASTRAL FRAMEWORK PARTNER

Organization: Department of Natural Resources

The signatory below must have authority to bind the above organization to this legal PARTNERSHIP AGREEMENT.

Signature:_______________________________________________________________

Printed Name of Signatory:_________________________________________________

Title of Signatory: ________________________________________________________

Date:_____________________________

----------------------------------------------------------------------------------------------------------------------

WASHINGTON CADASTRAL FRAMEWORK PARTNER

Organization:____________________________________________________________

The signatory below must have authority to bind the above organization to this legal PARTNERSHIP AGREEMENT.

Signature:_______________________________________________________________

Printed Name of Signatory:_________________________________________________

Title of Signatory: ________________________________________________________

Date:_____________________________

----------------------------------------------------------------------------------------------------------------------

APPROVED AS TO FORM ONLY

_____________DAY OF ______________________________________2000

CHRISTINE O. GREGOIRE

ATTORNEY GENERAL

BY___________________________________________________________

ASSISTANT ATTORNEY GENERAL