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<br />The Hacienda Business Park Owners Association ("HBPOA") has requested the use of the City's GIS <br />data that relates to Hacienda Business park to support its planning, development and improvement <br />projects within Pleasanton. The HBPOA's current projects include the development of a Specific Plan <br />for Hacienda Business Park and improvement of the telecommunications infrastructure in Hacienda <br />Business Park. The HBPOA would use the GIS data to create reports, land use proposals, plans, <br />drawings, maps and other items. <br />The GIS data sharing license agreement attached authorizes the HBPOA restricted use of the GIS data to <br />support its planning, development and improvement projects in Pleasanton. The agreement provides a <br />license to the HBPOA to use the GIS data for current and future projects as long as the HBPOA is not in <br />breach of the agreement. Because the GIS data is complex, time sensitive and may contain errors, the <br />agreement contains a disclaimer for the GIS data. <br />Any third party using the GIS data on behalf of the HBPOA (e.g., an HBPOA's consultant) is required <br />to sign a confidentiality and nondisclosure agreement that (1) describes the scope of the consultant's use <br />and retention of the GIS data and (2) establishes minimum security standards that the recipient must <br />observe in protecting the GIS data. Prior to the disclosure of the GIS data by the HBPOA or City to a <br />consultant, the City must approve the consultant. <br />The GIS data sharing license agreement furthers cooperation between the City and HBPOA. In return <br />for sharing the GIS data with the HBPOA, the City will receive digital data for new, existing and <br />proposed facilities and improvements within the Hacienda Business Park as well as the reports, land use <br />proposals, plans, drawings, maps and other items created by HBPOA and its consultants. <br />FISCAL IMPACT <br />No costs will be incurred by the City, other than direct costs for time and materials relating to the <br />transfer of the shared data. <br />Respectfully submitted, <br />~~~. ~~ ~ <br />1'...6-1' <br />Michael H. Roush Nelson Fialho <br />City Attorney City Manager <br />SR:05:267 <br />Page 2 <br />