HomeMy WebLinkAboutCOW 2006-02-13 Item 4B - Agreement - CityGIS5 License with Digital Map Products TJILA,
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ITEM INFORMATION
CAS NUMBER. 06-015 I ORIGINAL AGENDA DATE. 2/13/06
AGENDA ITEM TITLE CityGIS5 License Agreement
CA IEGORY Discussion Motion Resolution n Ordinance Bid Award Public Healing n Other
,\Mtg Date 2/13/06 r \Itg Date AN g Date Mtg Date AN Date AN Date Mfg Date
SPONSOR Council tlda Adm Svcs DCD Finance Fite Legal PAR Police PTV
SPONSOR'S The City has been evaluating a product called CityGIS5 from Digital Map Products for the
SU\LNIARY last few months. DMP hosts a custom web site for the City that provides basic Geographic
Information System (GIS) functionality. If we want to continue to use the program we
need to sign an ongoing license agreement with DMP.
REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE. 1/24/06
RECOMMENDATIONS:
SPONSOR /ADMIN. Approve the Agreement
CoM\HTTEE No recommendation was requested, see Staff memo.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$21,580 (2006) $31,000 (With other items)
Fund Source: GENERAL FUND
Comments Line item is "Miscellaneous Professional Services" under the DCD Planning Budget.
1 MTG. DATE I RECORD OF COUNCIL ACTION
1 2/13/06
MTG. DATE I ATTACHMENTS
2/13/06 Staff Memo
Proposed License Agreement
CAP Minutes 1/24/06
1 I
IVIElVIORANDUlVI
FROM:
Mayor Mullet
CommIttee of the Whole
Steve Lancaster, DCD DIrector ~
CityGIS Internet Mapping Briefing
TO'
RE:
DATE: February 3, 2006
ISSUE
Should the CIty contract with DIgItal Map Products to provide CltyGIS5, an mternet
based geographIc informatIOn system interface?
BACKGROUND
TukwIla has invested in a Geographic Information System (GIS) that consists of
software, digItal aerial photos, King County data and plammetnc layers (such as streets,
2' contours, sensitive areas, utIlIty mfrastructure, bUIldmg footprmts etc.). We currently
access the GIS through 6 seats of ArcView (4 fixed and 2 floating) shared between DCD,
PW and Police and the free ArcExplorer and ArcReader vIewing programs. The viewers
allow basic access but have limitations when It comes to pnntmg and ease of use. It
would not be cost effectIve to purchase enough addItional seats of Arc View to serve the
rest of the CIty.
ANALYSIS
We have been evaluatmg a product called CItyGIS5from DIgItal Map Products for the
last few months. It consists of an mternet based, password protected sIte on DIgItal Map
Products' server that provides basIc GIS functionalIty (vIewmg, searching, printmg), our
aenal photos, Tukwila plammetnc layers (zonmg, wetlands etc), Kmg County property
informatIOn and dIgItal King County Assessor maps.
The feedback from employees who have used It has been posItIve, for example:
Susan Brock:
I wanted to let you know that the GIS system Just came m very handy m assIsting Ted Rutt
ofTPD to find owner info for a specIfic property when I couldn't find any contact mfo m
Penmts Plus
Carol Lumb
I'm likmg It so far - I Just pnnted out property owners wlthm 500 feet of the Thanh short
plat so I can compare It to what the applIcant provIded. TI1lS IS the best thmg smce slIced
bread! I hope to use the measurIng functIon next week.
Q'.G ISSw ffDigMapC;\ P .DOC
Ryan Larson.
I have used the GIS several tnnes and do find It useful
Usage by CIty staff has been gro\.vmg from 81 seSSIOns m November, to 152 seSSIOns m
December and 151 seSSIOns In January. We have paId a set up fee and now If we wIsh to
keep the program we wIll start paYIng an annual $20,800 SUbSCrIptIOn (with a one-tIme
set up fee of$1,500 for the aerIal photos m 2006) DCD has mcluded funds for thIS In
the 2006 budget. Staff demonstrated the program for the Commumty AffaIrs and Parks
Committee on January 24,2006 and they were supportive ofproceedmg wIth the lIcense
agreement. However, we dId not seek a formal recommendatIOn from CAP at that tIme
because the annual amount ofth~ contract IS under $25,000
On further review we realIzed that this contract does reqUIre Council approval because It
IS for 5 yearsl, thus the total contract amount exceeds $25,000. CAP ChaIr Hernandez
has authorized us to brIng thIS to COW wIthout the need to return to CAP for a final
recommendatIOn. We will also be makmg a presentatIOn on thIS program to the Finance
and Safety CommIttee on February 21, pnor to final CouncIl actIOn on the contract.
The CItyGIS program would be aVaIlable to all CIty employees, mcludIng Planning
CommissIOn and CIty Council members. Please contact staff for addItional informatIOn.
With the proper access code It can be used from remote locatIOns so our GIS data would
be available in emergency sItuations.
If the CityGIS program works well for the City's needs we could also have DIgItal Map
Products develop a lInk to the Permits Plus database so that it would be possible to
geographIcally search and dIsplay permIt InfOrmatIOn.
Another Idea would be to eventually make a simIlar program called Commumty View
aVaIlable to the publIc through the CIty'S web sIte ThIS would allow people to view and
pnnt mformation and photos of propertIes m Tukwila.
RECOMMENDATION
Forward the lIcense agreement to the full CouncIl for approval.
I Please note that the contract can be cancelled by the CIty on the annual budget cycle
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CityGIS5
SERVICE SUBSCRIPTION AND SUBLICENSE AGREElVIENT
Agre2ment - 0601002CG
ThIS is a subscriptIOn and sublIcense agreement between DIgItal Map Products, Inc. ("DMP")
and CIty of Tukwila ("Customer").
DMP operates the CityGIS5 service and, pursuant to the tenns ofthis Agreement, Customer wIll
become a subscriber to the CityGIS5 servIce. Customer understands that DMP lIcenses
copyrighted content owned by DMP. or the Contributor(s) listed in Exhibit A. Customer also
understands that, by becoming a subscriber, access and use of copyrighted content is subject to a
license granted to DMP and a sublicense granted by DMP to subscriber.
1. DEFINITIONS
1.1 "Contributor" is a third party that owns and/or lIcenses content and/or database(s).
1.2 "Contributor ContentJDatabase(s)" is Contributor-owned content and/or database(s) that
have been licensed to DMP.
1.3 "Internet Map" is a limited compilation of content that IS derived :trom DMP content and
or databases, and/or the Contributor ContentJDatabase(s). The Internet Map is vIewable
solely through authorized access and use of the CityGIS5 web site. The content of the
Internet Map is further limited by Exhibit B.
1.4 "Visual Output" is an electronically displayed adaptation of the Internet Map obtained
through authorized access and use of the CityGIS5 web site.
1.5 "Print Output" is an electronically printed adaptation of the Visual Output obtained
through authorized access and use of the CityGIS5 web sIte.
1.6 "Authorized Users" are any Customer employee. Consultants may also be granted access
for a specific project based upon signing a Service SubscnptlOn and Sublicense
Agreement and paying a nommal charge based upon theIr projected level of activity.
1.7 "Purpose" is the non-commercial access and use of the Internet Map for Customer's
nonnal municipal activIties by an Authorized User, subject to the tenns of thIs
Agreement.
2. COPYRIGHT AND TRADElVIARK NOTICES
2.1 DMP Copyright Notice. The followmg copyright notice applIes to all non-Contributor
content provided by the CityGIS5 servIce, mc1udmg the compilatlOn(s) of Contributor
content:
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Agreement 0601 002CG
(Q Copyright 2006 Digital Map Products, Inc. All nghts reserved. The
non-Contributor content provIded by the CltyGIS5 service IS the
proprietary property ofDMP and may not be used or reproduced except as
expressly licensed by DMP.
2.2 Additional Copyright Notices. The copyright notIces In Exhibit A apply to all
Contributor content provided by the CItyGIS5 servIce.
2.3 DMP Trademark Notice. "CityGIS5" is a trademark and service mark owned by DMP.
DMP's trademarks or service marIes may not be used in connection with any product or
service except to signify tha~ DMP is the source of the Internet Map, Visual Output and
Print Output, and then only In a manner that does not dIsparage, dIscredIt, or harm DMP.
3. GRANT OF LICENSE
3.1 Grant of license. DMP grants to Customer, subject to the terms of this Agreement, a
non-exclusive, non-transferable, and non-assignable license to access and use the Internet
Map solely for the Purpose through the CityGIS5 web site by an Authorized User.
3.2 Scope of license. Customer agrees and understands that the lIcense to access and use the
Internet Map in Section 3.1 comprises only the following express rights, and nothmg
else:
· Electronically adapt the Internet Map to Visual Output(s)
(i.e. customize a map on the CityGIS5 web site)
· Electronically display the Visual Output(s) to an Authorized User
(i.e. view the customized map on a computer screen)
· Electronically adapt the Visual Output(s) to Print Output(s)
(i.e. print the customized map)
. Reproduce the Print Output(s)
(i.e. make copies of the printed customized map on a copy machine)
. Physically display the Print Output(s)
(i.e. display the printed customized map on a bulletin board at City Hall)
. Physically distribute the Print Output(s)
(i.e. give the printed customized map to a construction contractor)
(i.e. inclusion of screen shots in other document (staff reports, etc.)
3.3 Rights Reserved by D:MP. DMP reserves all other rights, including the nghts to
reproduce, distribute, and display the Internet Map and the rights to reproduce, distribute,
and display (to a non-Authorized User) the Visual Output(s). Customer agrees that only
DMP will be allowed to dIsplay, distribute, and reproduce the Internet Map, Visual
Output(s), or Print Output(s) on the Internet or by other electronic means to a non-
Authorized User.
3.4 New Use. Customer agrees that any other use of any content contamed on the CItyGIS5
web site IS stnctly prohibited. Any Improvements or future methods or means of
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Agreement 0601002CG
accessmg or using the Internet Map, Visual Output(s), or Pnnt Output(s) are expressly
reserved to DMP.
3.5 Injunctive Relief. Customer acknowledges that Its use of the Internet map for a use not
specifically provided for in thIS agreement, specIfically thIS Section 3, DMP and Its
Contributors will not have an adequate remedy III money or damages. As such, should
Customer misuse the Internet Map, DMP and its Contributors shall have the nght to seek
injunctive relIef against Customer to cease the mIsuse of the Internet Map.
4. SUBSCRIPTION AND LICENSE FEES
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i
4.1 Subscription and License 'Fees. In consideration of a subscription to the CItyGIS5
service and the license granted in Section Three, Customer agrees to pay subscnption and
lIcense fees, as listed in the attached Exhibit C, plus all applIcable taxes. All applIcable
fees and taxes will be invoiced annually in full at the beginning of each contract year.
Customer agrees to pay the annual invoice amount to DMP in full within 45 days from
the invoice date. Upon termination of Agreement by either DMP or Customer, the
Customer shall be entitled to a prorated refund of the subscription and license fees
advanced to DMP.
4.2 Failure to Pay. If Customer does not pay the invoiced amount to DMP III full wIthin
45days from the invoice date, DMP reserves the right to suspend access and use of the
CityGIS5 service by Customer. Alternatively, DMP (as a nondefaulting party) may
terminate this Agreement pursuant to Section 9.3.
4.3 Fees by Customer. Customer agrees to not charge fees for the Print Output(s) unless the
fees are for the sole non-profit purpose of recouping costs pursuant to Customer's normal
municipal activities.
5. DELIVERY AND SUPPORT
5.1 Access to the Internet Map. DMP will make the Internet Map accessible to Customer
through the CItyGIS5 web site until the Agreement is terminated.
5.2 Installation Responsibilities. Customer agrees to be responsible for obtaining a
compatible web browser, such as MicrosoftTM Internet Explorer™ or Netscape™
Navigator™, to access and use the CityGIS5 web site and the Internet Map. Customer
agrees that no other means will be employed to access or use the CityGIS5 web sIte or
the Internet Map.
5.3 Technical Support. DMP will provide telephone and emml technical support from the
hours of 8:00 AM PST to 5:30 PM PST M-F. Customer shall report to DMP any Bugs
that are discovered during the term OfthIS Agreement. Bugs will be categonzed by D:rvIP
and corrected by DMP as follows:
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Agreement 0601002CG
G "Cntical": A Bug WhICh causes data loss or system lock-up or matenally Imparrs a
major software function. DMP shall use best effOlis to provIde Customer with an
Update Release as soon as possible after receIpt and successful DMP replicatIOn of
report of such bug. "Best efforts" means the efforts DMP would give m the event
DMP were self-marketing the software as if It were Its own primary product.
Q "NON-Critical". A Bug, which is a defect in a program function that can be
cIrcumvented or avoided. DMP may consider this Bug in an Update Release.
. DMP is not responsible for any Bugs resulting from technologies such as beyond its
control such as the Internet, client operating systems, and client email systems.
6. UPDATES AND ERRO~
6.1 Update of Content Contained in the Internet Map. As new content is submitted by
Contributors, DMP may update the Internet Map. While DMP will try to be as accurate
or complete as possible, DMP is not responsible for errors or omissions that may result
from updatmg the Internet Map. DMP will strIve to post updates of Customers data in 2
working days.
6.2 Errors or Omissions in the Internet J.\tIap. Customer may identify errors or omissions
in the Internet Map to DMP. DMP is not responsible for correcting errors or omissions;
however, DMP will forward any written claIms of errors or omissIOns to the
Contributor(s), and will notify Customer as to Contributor's course of actIOn.
7. OWNERSIDP AND CONFIDENTIALITY
7.1 Ownership. Customer understands that the CityGIS5 web site, Internet Map, Visual
Output(s), and Print Output(s) in any fonn are the intellectual property ofDMP and/or
the Contributor(s). The data provided by the Customer is the property ofthe Customer
and therefore only for the Customers viewing. This data will be destroyed, deleted or
returned to Customer upon tennination of this Agreement.
7.2 Preservation of Notices. Customer agrees to include, and will not remove or obscure,
any copyright, trademark, patent, or other notices appearing on the CItyGIS5 web site,
Internet Map, Visual Output(s), or Print Output(s).
7.3 Trade Secrets and Confidential Information. Customer also understands that the
CityGIS5 web site, Internet Map, Visual Output(s), and Print Output(s) are based on and
include proprietary trade secrets and confidential infonnation ofDMP and/or the
Contributor(s). Customer will not modify, adapt, translate, reverse engmeer, decompile,
or disassemble any portion of the CityGIS5 web site, Internet Map, Visual Output(s), or
Pnnt Output(s).
7.4 Maintenance of Trade Secrets and Confidential Information. To the extent allowed
by law, Customer will treat the CityGIS5 web site, Internet Map, VIsual Output(s), or
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Agreement 0601002CG
Pnnt Output(s) with at least the same degree of care (and no less than a reasonable degree
of care) as that which it treats Its own trade secrets and confidentIal 111formatIOn.
8. \V ARRANTY
8.1 Limited Warranty. DMP represents and warrants to Customer that the Internet Map
will perform in all material respects, subject to the terms of thIS Agreement. DMP further
represents and warrants that it has the right to enter into this Agreement and to grant
Customer the rights expressly listed in SectIOn 3.2.
8.2 No Other \Varranties. DM;p makes no other express or implied warranties, including
but not limited to any warranty of design, merchantabilIty, fitness for a particular
purpose, or against infringement. DMP agents are not authorized to alter or exceed the
warranty obligations of Section 8.1. DMP and Contributors make no representatIOn or
warranhes that the Internet Map is accurate and free of errors and/or omIssions. As such
the parties specifically do not consider the Internet Map to be suitable so as to be reliable
for use in emergencies and the Customer accepts the Internet Map "as is".
8.3 Limitation of Liability. DMP is not liable to the Customer for any damages resulting
from a violation ofthis Agreement and Customer agrees that any damages for DMP's
breach ofthis Agreement (including but not limited to this SectIOn 8 warranty) are
limited to a refund of the fees and taxes paid by Customer to DMP pursuant to Section
4.1.
9. DURATION OF AGREEMENT
9.1 Period of Agreement. This Agreement is effective upon SIgning by both partIes and will
continue in effect until the end of the period specified in Exhibit D.
9.2 Renewal of Agreement. Subject to these terms, this Agreement may be renewed by the
mutual written consent ofDMP and Customer. Should the ComrnunityDevelopment
Department be unable to acquire the budgeting dollars necessary to sustain the contract
for the following year, this Agreement may be terminated on any annual renewal data
(December 31 st of each year) with (30) days written notice prior to renewal date.
9.3 Termination. This Agreement may be terminated prematurely by a nondefaulting party
lfthe defaulting party materially fails to comply with the terms oftllis Agreement.
9.4 Effective Date of Termination. For Section 9.3, termination is effective after 30 days'
notice to the defaulting party, if the defaultmg party does not move to correct the default.
9.5 Obligations on Expiration or Termination. The lIcense to access and use the Internet
Map in Section 3.1, comprising the rights listed 111 Section 3.2, IS ImmedIately revoked
upon expiration or termination of this Agreement.
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Agreement 0601002CG
10. MISCELLANEOUS PROVISIONS
10.1 Non-Assignability. Neither party may assign or transfer thIS Agreement wIthout the
prior written consent of the other party. Any unauthorized assIgnment or transfer wIll be
null and void, and enables terminatIOn pursuant to SectIOn 9.3. This Agreement IS
binding upon any authorized successor or assign.
10.2 No Relationship. DMP is an independent contractor, not an employee of Customer. All
DMP personnel are emp10y~es or subcontractors of DMP, not employees of Customer.
10.3 Governing Law. This Agreement shall be governed by and construed m accordance
with the laws of the State of Washington. In the event any suit, arbitration, or other
proceedmg is instituted to enforce any term of this Agreement, the parties specIfically
understand and agree that venue shall be properly laid in King County, Washington. The
prevailing party in any such action shall be entitled to its attorney's fees and costs of suit.
10.4 Preclusion. To the extent permitted by applicable law, claims for breach of contract and
misappropriation are not precluded by this Agreement.
10.5 U.S. Database Protection Legislation. If the United States adopts database protectIOn
legislation, its provisions will be applicable to the terms of this Agreement.
10.6 Severability. If any provision of this Agreement shall be held by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain
in full force and effect so long as the mtent of this Agreement and the rights and
obligation of the parties are not materially changed.
10.7 Preparation of Agreement. No provision in this Agreement shall be mterpreted for or
against a party because that party drafted that provision.
10.8 Entire Understanding. This Agreement expresses the entire agreement between DMP
and Customer, and supersedes any prior communicatIOn, oral or written, relating to the
terms of this Agreement.
10.9 :Modifications to the Agreement. This Agreement may not be supplemented, modIfied,
amended, released, or discharged without the mutual wntten consent of DMP and
Customer.
10.10 Consent to Violation Not Waiver. A Walver by DMP of a default or violation is not a
waiver of any provision of this Agreement, or of any subsequent default or violatIOn.
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Agreement 0601002CG
The patties have executed and delivered this Agreement on ~, 2006
CITY OF TUKWILA
6200 Southcenter Blvd.
Tukwila, Washington 98188
DIGITAL MAP PRODUCTS
575 Anton Boulevard, Smte 750
Costa Mesa, CA 92626
Steven M. Mullet
Mayor
Approved as to Form:
p~~~
Onice of the City Attorney
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EXHIBIT A
ADDITIONAL COPYRIGHT NOTICES
Agreement 0601002CG
(Q Copyright 1996-2006:
First American Real Estate Solutions
Tele Atlas, Inc.
USGS
Kmg County
All rights reserved. The Contributo;r content provided by the CityGIS5 service is the proprietary
property of the above-named Contributors and may not be used or reproduced except as
expressly licensed by DMP.
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Agreement 0601002CG
EXHIBIT B
CONTENT OF INTERi'TET l\tIAP
Agreement 0601002CG
Data Components
Centerline Data
Property Records & Raster Tax Maps
Parcel Data
Orthophotography
Owner
Tele Atlas, Inc.
First American Real Estate SolutIOns
King County
City of TukwIla
Notes -
As a City government TukwIla is subject to Washington's PublIc Disclosure Act. It is
possible that certain content from the CityGIS program may need to be dIsclosed if
requested.
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Agreement 0601002CG
EXHIBIT C
SUBSCRIPTION AND LICENSE FEES
Agreement 0601002CG
Subscription and License fees are based of 30 user lIcenses.
SUbSCrIptIOn Fees
CityGIS5 30 user licenses
LIcense Fees
Centerline Data
Property Records and Raster Tax
Total Fees
$20,080.00 (no sales tax, delivery is via the internet)
Application Service Fees
Fees $1,500 Aerial Integration
PAYMENT SCHEDULE
$21,580.00 - 1st year fee due February 1, 2006 upon City budget approval
Annual totals for years 2-5 $20,080.00
OPTIONS
Community View $4,000.00 annual increase
PeIDlits plus integration $6,000.00 one time fee
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EXHIBIT D
EFFECTIVE PERIOD OF TillS AGREElVIENT
Agreement 0601002CG
SubscnptIOn: Begmning 01/01/2006 and contrnuing through 12/31/2010 .
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Community and Parks
January 24,2006
Present:
Joan Hernandez, Joe Duffie, Pam Linder
Rhonda Berry, Kathy Stetson, Joyce Tramer, Nora Glerloff, Steve Lancaster,
Derek Speck, Jane Cantu, Lucy Lauterbach, Chuck Parrish
1. Code Enforcement Briefing Joyce talked of all she and Kathy have done m 2005 TheIr
activIties mcluded opemng and resolvmg 293 new cases as well as workmg on unresolved cases
from past years, which are usually complex and contammg legal issues They have gotten nd of
much derelIct housmg violatIOns, and have started enforcmg the requirement for parking vehIcles
on a legal parkmg pad. They had pictures of some of the areas they had cleaned up, wIth very
clear "before" and "after" pictures. The work plan for 2006 mcludes more proactive
enforcement, and Kathy and Joyce \vill work on one or two ofthe mne areas in the CIty at a time.
They will work to clean up some of the more obvious code violatIOns and completely clean up an
area, house by house, and street by street. Tills will prove to be more eqUltable than when
complaints are enforced when another violation could be nearby the one code enforcement IS
called for. Code enforcement staff will work separately on theIr assIgned areas, though they
always team up at apartments or at housing that appears to be unsafe. Joan noted there has been
trash at the top of the stairs that go behind Denny's from Southcenter Boulevard to S 152nd
Street. The committee members expressed great apprecIation for Kathy's and Joyce's work, and
said the rest of the Council would also like to hear thIS information. Recommend briefing to
entire Council at a COW.
~
2. GIS lVlapping The City has been evaluating a product called CItyGIS5 from DIgItal Map
Products for the last few months. DMP hosts a custom web sIte for the City that provides basIc
Geographic Information System (GIS) functIOnality (viewing, searching, printmg), our aenal
photos, Tukwila planimetnc layers (zonmg, wetlands etc.), King County property informatIOn
and digital King County Assessor maps Nora demonstrated the program for the Committee,
showing how to search by address and owner name, add informatIOn to the map and generate a
pdf file.
The site makes it possible to see not only streets and neighborhoods, but also plat lines, wetlands
and watercourses and their buffers, addresses, water and sewer distncts and other information. It
can be very helpful to developers, and to anyone getting vanous kinds of ownershIp and physIcal
boundary information. If the CIty GIS program works well for the CIty'S needs we could also
have DIgital Map Products develop a lmk to the PermIts Plus database so that It would be
possible to geographIcally search and dIsplay permit information.
Another idea would be to eventually make a simIlar program available to the publIc through the
City's web site. ThIs would allow people to view and pnnt mformatIOn and photos of properties
m Tukwila. The committee members were very interested in the maps, and enjoyed seeing all the
mformation that could be garnered qUlckly with the system. Information.
cf;\. Committee chalr approval
Minutes by LL