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<br />Honorable Mayor and Members of the City Council: <br />BACKGROUND <br />The City has developed geographic information system (GIS) data relating to streets, utilities, <br />parcels, hydrology, aerial imagery, and for fire suppression purposes, site and building floor <br />plans, including materials stored in buildings and their location. The City has developed this <br />data for its own use to facilitate planning and management of the City's infrastructure as well as <br />responding to fire, public safety and other emergency situations. The City regards its GIS data <br />as its intellectual property and considers it confidential, official and proprietary information. <br />The State Office of Emergency Services (OES) and the California Department of Transportation <br />are sponsoring an emergency response management network project (ERMN). The project is to <br />demonstrate information sharing through a common operational picture, and is funded by the <br />Federal Department of Homeland Security. The purpose of the project will be to help manage <br />public safety response activities, primarily during emergencies. This project contemplates <br />public agencies throughout California participating in the network by making their GIS data <br />viewable to first responders, local emergency operations centers, the State OES and other <br />emergency coordinating agencies. Such data would be shared and displayed so that there is a <br />common operational picture of an emergency situation that would provide the emergency <br />coordinators with a greater opportunity to understand, in real time, the nature of the emergency <br />and respond accordingly. The City has been asked to be a participant in this initial phase of the <br />project. <br />In addition, the City has already entered into two data sharing agreements, one with the cities of <br />San Ramon, Dublin, Livermore, Danville and the Alameda County Zone 7 Water Agency, and <br />the other with the Hacienda Business Park Owners Association (this latter agreement has a <br />number of restrictions as to access toluse of the data). It is likely that there will be further <br />requests for the City to enter into similar agreements, In the absence of a blanket authority to <br />enter into these kinds of agreements, each would need to be presented to Council. <br />DISCUSSION <br />The City's GIS data would be secured for access by agencies to view only; the data itself would <br />not be transmitted to the emergency response coordinators. The ownership and rights to the data <br />would not be changed as a result of the agreement; the City would continue to own and maintain <br />its own data. And, although the City has the responsibility to maintain the accuracy and <br />currency of its databases, the City is not guaranteeing the accuracy thereof. Others who <br />participate in the network will agree not to transfer, store or download the City's data except <br />where permission is expressly granted. (Likewise, if the City participates, it also agrees not to <br />download another city's data unless [as provided in the City's separate data sharing agreement] <br />that other city agrees.) The agreement is intended to last for five years although a participating <br />agency may terminate its participation with 60 days written notice. <br />SR:05:291 <br />Page 2 of3 <br />