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R-1130 - 10/11/2011 - IGA - ResolutionsRESOLUTION 2011 -IGA-GIS-R-1 130 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT FOR SHARING OF GEOGRAPHIC INFORMATION SYSTEM (GIS) DATA BY AND BETWEEN THE VILLAGE OF OAK BROOK AND DUPAGE COUNTY WHEREAS, the Village and DuPage County (the "County ") desire to execute a memorandum of agreement concerning the sharing of geographic information system (GIS) data between the Village and the County ( "Agreement'); and WHEREAS, the President and Board of Trustees have determined that it is in the best interests of the Village to enter into the Agreement in a final form approved by the Village Manager and the Village Attorney, NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Approval of the Agreement. The President and Board of Trustees hereby approve the Agreement by and between the Village and the County in a form acceptable to the Village Manager and the Village Attorney. Section 3: Authorization and Execution of the Agreement. The Village President and Village Clerk shall be, and hereby are, authorized to execute the final Agreement on behalf of the Village after review and approval of the final form of the Agreement by the Village Manager and the Village Attorney. Section 4: Effective Date. This Resolution shall be in f ,force and effect upon passage and approval in the manner provided by law. APPROVED THIS 11`" day of October, 2011 // Gopal GqLatrfiale Village President PASSED THIS 11`" day of October, 2011 Ayes: Trustees Manzo Mov, Wolin, Yusuf and Zannis , d, ATTEST: Charlotte K. Pruss Village Clerk RESOLUTION 2011-IGA-GIS-R-1 130 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT FOR SHARING OF GEOGRAPHIC INFORMATION SYSTEM (GIS) DATA BY AND BETWEEN THE VILLAGE OF OAK BROOK AND DUPAGE COUNTY WHEREAS, the Village and DuPage County (the "County") desire to execute a memorandum of agreement concerning the sharing of geographic information system (GIS) data between the Village and the County ("Agreement"); and WHEREAS, the President and Board of Trustees have determined that it is in the best interests of the Village to enter into the Agreement in a final form approved by the Village Manager and the Village Attorney; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Approval of the Agreement. The President and Board of Trustees hereby • approve the Agreement by and between the Village and the County in a form acceptable to the Village Manager and the Village Attorney. Section 3: Authorization and Execution of the Agreement. The Village President and Village Clerk shall be, and hereby are, authorized to execute the final Agreement on behalf of the Village after review and approval of the final form of the Agreement by the Village Manager and the Village Attorney. Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. APPROVED THIS 11th day of October, 2011 1 Gopal G. alani Village President PASSED THIS 11th day of October, 2011 Ayes: Trustees Manzo, Mov, Wolin, Yusuf and Zannis Nays: None Absent: Trustee Akr; is 0 F 4t, ATTEST: noN a+ �A � Charlotte K. Pruss ��,� Village Clerk • DuPage County, Illinois MEMORANDUM OF AGREEMENT FOR DATA SHARING October 3, 2011 THIS AGREEMENT is entered into between DuPage Count—V, Illinois and Village of Oak Brook (hereinafter, "Parties")which are either users or developers of Geographic Information System (GIS) spatial data. WHEREAS,the purpose of this agreement is to facilitate sharing and cooperative use of GIS spatial data; and WHEREAS, each of the Parties is concerned with land use planning,transportation, and resource management within the boundaries of DuPage County and use GIS or other information technology to accomplish those goals; and WHEREAS, there is significant overlap in the data needed for planning and analysis tasks to be accomplished and GIS data that may be developed or acquired for these purposes is expensive; and WHEREAS,there is mutual public benefit to each of the Parties in sharing GIS data which will allow Parties to accomplish these goals at lower costs; and NOW THEREFORE,the Parties agree to the cooperative process for the sharing of spatial data about • DuPage County as follows: 1. Each Party to this agreement will make available at no cost to the other Parties any DuPage County located spatial data developed by the Parties insofar as the distribution of the spatial data is not limited by licenses, proprietary ownership, and cost sharing agreements or the Public Records Act. 2. Each Party shall also make available any updates of existing spatial data at a minimum on an annual basis. 3. No Party shall use any GIS data that is obtained under this Agreement for any commercial, for- profit activity or product. 4. The receiving Party may provide the data to an external person, agency or firm only for the purpose of obtaining a service that requires the use of the data. The external person, agency or firm will not be permitted to sell, give, utilize, or distribute the data beyond the scope of said service. 5. The receiving Party may display on a public Internet site map images only, and will not provide access to the underlying map data. 6. Data provided will not be used as a base for engineering design, establishing or reestablishing land boundaries, or as a substitute for an on-site survey for regulatory functions. 1 • 7. The Parties to this agreement shall use the spatial data provided by other Parties solely for their own purposes. No provision of this agreement shall limit the application of the Public Records Act and the Illinois Freedom of Information Act)to the Parties to this agreement. 8. Each Party to this agreement shall accept spatial data from all other Parties"as is. Parties shall require any third Party users of this spatial data to agree in writing to hold harmless all Parties to this agreement. 9. The Parties to this agreement represent that the spatial data are complex and time sensitive and that data provided may contain nonconformities, defects, or errors or may not be current.The spatial data represent the best available information. The Parties to this agreement do not warrant that the spatial data will be accurate or will meet users' needs or expectations, or that all nonconformities, defects or errors can or will be corrected. 10. Any authorized use of information derived or generated from any spatial data provided pursuant to this Agreement in any product shall acknowledge the appropriate party to this agreement as the source, and include any qualifications deemed appropriate given the specific data quality and application of the derived information. 11. Both Parties agree to share the data in the format they use internally,without translation. 12. The receiving Party will not alter provided information in any manner. If any alterations are made by the receiving Party, the content of the data will no longer be deemed the responsibility of the data provider. 13. Both Parties agree to limit access to each other's FTP data servers only to internal staff and any external person, agency, or firm under contract with Parties of this agreement that is providing a service that requires access to the GIS data. 14. This Agreement is an integrated Agreement and supersedes all prior negotiations, representations or agreements, written or oral, between the Parties concerning the sharing of GIS data. 15. Any amendments to this Agreement must be in writing, signed by all Parties involved. 16.This Agreement shall become effective upon it's signature by all Parties involved and shall continue indefinitely. 17. Any Party may cancel this Agreement at any time,with or without cause upon written notification to all Parties involved. 2 r �w 7 ' DuPage County Village of Oak Brook Gopal G. Lalmalani Printed Name Printed Name 1200 Oak.Brook .Road, Oak Brook, IL 60523 Title Address Village President Title October 13, 2011 Date Date ® Approval of Agreement Terms ❑ Non-Approval of Agreement Terms • 3 PGA Of Oq k B� v O co i G O 9CF C O U rr"k AGENDA ITEM Regular Board of Trustees Meeting of October 11, 2011 SUBJECT: Approval of DuPage County Data Sharing Agreement for Geographical Information System Agreement(GIS) FROM: Blaine Wing, Assistant Village Manager and Michael Hullihan, Engineering& Public Works Director BUDGET SOURCE/BUDGET IMPACT: None RECOMMENDED MOTION: We move that the Village Board approve the proposed • Agreement with DuPage County, IL for sharing of Geographical Information System (GIS) data. Backsround/History: DuPage County provides geographic information to communities within DuPage County free of charge with the proper agreements. The data is used in the geographic information system (GIS) for a wide range of local government business processes. The data delivery is managed by the GIS Consortium (GISC) and is an important part of the GIS overall dataset. The request assures that the most up-to-date and complete GIS data is available for creating and viewing maps, selecting and querying data, analyzing spatial patterns, use along side community data and for displaying in community applications. GIS data is used in a variety of familiar formats, for example, MapOffice, MapOffice Advanced, Mobile Data Viewer, community created projects, maps, and infrastructure map books. The agreement benefits the Village by assuring that it has all the available property and GIS data within its GIS program. Parcel and other data received from DuPage County are used in zoning, community and utility atlas maps, and electronic applications like MapOffice and Mobile data viewer. The cost for using this data is minimal. DuPage County does not charge for the data and the delivery and integration is handled by the GIS Consortium(GISC). There are only personnel costs of time associated with the administration and declaration of the agreement. Recommendation: That the Village Board approves the attached Agreement with DuPage County, IL for data sharing of Geographical Information System (GIS) data. 2 • DuPage County, Illinois MEMORANDUM OF AGREEMENT FOR DATA SHARING October 3,2011 THIS AGREEMENT is entered into between DuPage County, Illinois and Village of Oak Brook (hereinafter, "Parties")which are either users or developers of Geographic Information System (GIS) spatial data. WHEREAS,the purpose of this agreement is to facilitate sharing and cooperative use of GIS spatial data; and WHEREAS, each of the Parties is concerned with land use planning, transportation, and resource management within the boundaries of DuPage County and use GIS or other information technology to accomplish those goals; and WHEREAS,there is significant overlap in the data needed for planning and analysis tasks to be accomplished and GIS data that may be developed or acquired for these purposes is expensive; and WHEREAS,there is mutual public benefit to each of the Parties in sharing GIS data which will allow Parties to accomplish these goals at lower costs; and NOW THEREFORE,the Parties agree to the cooperative process for the sharing of spatial data about DuPage County as follows: • 1. Each Party to this agreement will make available at no cost to the other Parties any DuPage County located spatial data developed by the Parties insofar as the distribution of the spatial data is not limited by licenses, proprietary ownership, and cost sharing agreements or the Public Records Act. 2. Each Party shall also make available any updates of existing spatial data at a minimum on an annual basis. 3. No Party shall use any GIS data that is obtained under this Agreement for any commercial,for- profit activity or product. 4. The receiving Party may provide the data to an external person, agency or firm only for the purpose of obtaining a service that requires the use of the data. The external person, agency or firm will not be permitted to sell, give, utilize, or distribute the data beyond the scope of said service. 5. The receiving Party may display on a public Internet site map images only, and will not provide access to the underlying map data. 6. Data provided will not be used as a base for engineering design, establishing or reestablishing land boundaries, or as a substitute for an on-site survey for regulatory functions. • 1 • 7. The Parties to this agreement shall use the spatial data provided by other Parties solely for their own purposes. No provision of this agreement shall limit the application of the Public Records Act and the Illinois Freedom of Information Act)to the Parties to this agreement. 8. Each Party to this agreement shall accept spatial data from all other Parties"as is. Parties shall require any third Party users of this spatial data to agree in writing to hold harmless all Parties to this agreement. 9. The Parties to this agreement represent that the spatial data are complex and time sensitive and that data provided may contain nonconformities, defects, or errors or may not be current. The spatial data represent the best available information. The Parties to this agreement do not warrant that the spatial data will be accurate or will meet users' needs or expectations, or that all nonconformities, defects or errors can or will be corrected. 10. Any authorized use of information derived or generated from any spatial data provided pursuant to this Agreement in any product shall acknowledge the appropriate party to this agreement as the source, and include any qualifications deemed appropriate given the specific data quality and application of the derived information. 11. Both Parties agree to share the data in the format they use internally, without translation. 12. The receiving Party will not alter provided information in any manner. If any alterations are made • by the receiving Party, the content of the data will no longer be deemed the responsibility of the data provider. 13. Both Parties agree to limit access to each other's FTP data servers only to internal staff and any external person, agency, or firm under contract with Parties of this agreement that is providing a service that requires access to the GIS data. 14. This Agreement is an integrated Agreement and supersedes all prior negotiations, representations or agreements, written or oral, between the Parties concerning the sharing of GIS data. 15. Any amendments to this Agreement must be in writing, signed by all Parties involved. 16. This Agreement shall become effective upon it's signature by all Parties involved and shall continue indefinitely. 17. Any Party may cancel this Agreement at any time,with or without cause upon written notification to all Parties involved. • 2 • DuPage County Village of Oak Brook Printed Name Printed Name Title Address Title Date Date ❑ Approval of Agreement Terms ❑ Non-Approval of Agreement Terms • • 3 e 1 Jim Fox From: Ricker, Tom [Tom.Ricker @dupageco.org] *ent: Friday, August 26, 2011 3:50 PM o: Jim Fox Subject: Memorandum of Agreement For Data Sharing Attachments: Oak Brook_MOA.pdf; File Transfer Information Form.pdf Dear Jim: Please let me introduce myself. My name is Tom Ricker and I am the new GIS(Geographic Information Systems) Manager for DuPage County. Part of my department's responsibilities is to provide the county with various geographic mapping data and applications so county residents, organizations, along with staff, and officials can use this data to make effective,fast,and accurate decisions.As part of providing a wide range of data for the county but also your organization,we would like to begin a new data sharing agreement between our two organizations. Attached to this email is a "MEMORANDUM OF AGREEMENT FOR DATA SHARING", in this memorandum we note each of the parties in agreement and items that set standards so this shared geographic data can be used reasonably between parties. Please look over the attached memorandum. If you have any questions or comments on the memorandum itself or have questions on the file formats for this data sharing effort, please feel free to contact me at any time. If you agree to the memorandum please fill out and sign the final page of the memorandum. In addition, attached is a File Transfer Information Form. Please have whoever will be the main contact in transferring these files fill out this form for the needed information.This person will facilitate the sending and receiving of this data through a FTP site or by other media such as a DVD, external hard drive or a flash/jump drive.Once both documents Ore filled out,send them back via email or conventional mail to Carmella Burdi here in our office. Once we get these documents back I will then sign the county's portion of the agreement and send you a copy for your records.Our office will then be in contact with your designated data transfer person with information on the geographic data we have available and on how we can best transfer this shared information when needed. Carmella Burdi Carmella.Burdi@dupaeeco.ore. DuPage County Information Technology Department,GIS Division 421 N.County Farm Rd Wheaton,IL 60187 I thank you for your time and it is my hope that with this agreement we both can begin sharing data to improve all of our day to day tasks and decisions in our organizations.Again,thank you. Respectfully, Thomas P. Ricker, GISP GIS Manager DuPage County Illinois 421 N County Farm Rd. Wheaton,Illinois 60187 Email:Tom.Ricker @duPaReco.or� Ifthone:(630)407-5062 obile Phone:(630)391-1813 1 This electronic message and any attached files contain information intended for the exclusive use of the individual(s)or entity to whom it is addressed and may contain information that is proprietary,confidential and/or exempt from disclosure under applicable law, including protected health information (PHI). If you are not the intended recipient or the employee or agent,you are hereby notified that any viewing,copying,disclosure or distribution of the information may be subject to legal restriction or sanction and is strictly prohibited. If you have received this communication in error, please notify the ender by return electronic message or telephone,and destroy the original message without making any copies. Unless otherwise stated,any opinions xpressed in this electronic message are those of the author and are not endorsed by the Village. Electronic messages sent to and from the Village of Oak Brook may be subject to discovery under the IL Freedom of Information Act. From: Ricker,Tom [mailto:Tom.Ricker @dupageco.oral Sent: Thursday, August 25, 2011 12:55 PM To: Robert Kallien Subject: test DuPage County Illinois MEMORANDUM OF AGREEMENT FOR DATA SHARING July 2011 THIS AGREEMENT is entered into between DuPage County Illinois and Village of Oak Brook(he rein after, "Parties")which are either users or developers of Geographic Information System (GIS) spatial data. WHEREAS, the purpose of this agreement is to facilitate sharing and cooperative use of GIS spatial data; and WHEREAS, each of the Parties is concerned with land use planning, transportation, and resource management within the boundaries of Dupage County and use GIS or other information technology to Occomplish those goals; and WHEREAS, there is significant overlap in the data needed for planning and analysis tasks to be accomplished and GIS data that may be developed or acquired for these purposes is expensive; and WHEREAS, there is mutual public benefit to each of the Parties in sharing GIS data which will allow Parties to accomplish these goals at lower cost; and NOW THEREFORE, the parties agree to the cooperative process for the sharing of spatial data about DuPage County as follows: 1. Each party to this agreement will make available to the other parties any spatial data developed by the Parties insofar as the distribution of the spatial data is not limited by licenses, proprietary ownership, and cost sharing agreements or the Public Records Act. 2. Each party shall also make available any updates of existing spatial data at a minimum on an annual basis. • 3. No party shall use any GIS data that is obtained under this Agreement for any commercial, for-profit activity or product. 2 4. The receiving party may provide the data to an external person, agency or firm only for the purpose of obtaining a service that requires the use of the data. The external person, agency or firm will not be permitted to sell, give, utilize, or distribute the data beyond the scope of said service. 5. The receiving party may display on a public Internet site map images only, and will not provide access to the underlying map data. 6. Data provided will not be used as a base for engineering design, establishing or reestablishing land boundaries, or as a substitute for an on-site survey for regulatory functions. 7. The parties to this agreement shall use the spatial data provided by other parties solely for their own purposes. No provision of this agreement shall limit the application of the Public Records Act (or, in the case of Federal Parties, the Freedom of Information Act) to the parties to this agreement. 8. Each party to this agreement shall accept spatial data from all other parties "as is." In addition, each party to this agreement shall hold harmless every other party. Parties shall require any third party users of this spatial data to agree in writing to hold harmless all parties to this agreement. • 9. The parties to this agreement represent that the spatial data are complex and time sensitive and that they may contain some nonconformities, defects, or errors. The spatial data represent the best available information. The parties to this agreement do not warrant that the spatial data will meet users' needs or expectations, or that all nonconformities, defects or errors can or will be corrected. 10. Any authorized use of information derived or generated from and spatial data provided pursuant to this Agreement in any product shall acknowledge the appropriate party to this agreement as the source, and include any qualifications deemed appropriate given the specific data quality and application of the derived information. 11. Both parties agree to share the data in the format they use internally, without translation. 12. The receiving party will not alter provided information in any manner. If any alterations are made by the receiving party, the content of the data will no longer be the responsibility of the data provider. 13. Both parties agree to limit access to each other's FTP data servers only to internal staff and any external person, agency, or firm under contract with parties of this agreement that is providing a service • that requires access to the GIS data. 3 14. This Agreement is an integrated Agreement and supersedes all prior negotiations, representations or agreements, written or oral, between the Parties concerning the sharing of GIS data. 15. Any amendments to this Agreement must be in writing, signed by all Parties involved. 16. This Agreement shall become effective upon its signature by all Parties involved and shall continue indefinitely. 17. Any Party may cancel this Agreement at any time, with or without cause upon written notification to the all Parties involved. DuPage County Village of Oak Brook Title Address Title Wate Date proval of Agreement Terms n-Aproval of Agreement Terms 4 Jim Fox From: Ricker, Tom [Tom.Ricker @dupageco.org] *Sent: Friday, August 26, 2011 3:47 PM To: Jim Fox Subject: RE: Village of Oak Brook Jim: Please accept my apologies and please disregard this TEST email that was just sent.This was a mishap on my part in testing a mail merge function in word. I will be sending you shortly a new data sharing agreement and information concerning it Again please accept my apologies for any confusion this may have caused. Respectfully, Thomas A Ricker, GISP GIS Manager DuPage County Illinois 421 N County Farm Rd. Wheaton,Illinois 60187 Email:Tom.Ricker@dupageco.or� Phone:(630)407-5062 Mobile Phone:(630)391-1813 IV From: Jim Fox [mailto:jfox @oak-brook.org] Sent: Friday, August 26, 20112:14 PM To: Ricker,Tom Subject: Village of Oak Brook Tom, Robert Kallien,Community Development Director for the Village of Oak Brook forwarded to me your email message below. 1 handled the processing of the last Geographical Information System Data Sharing Agreement(see attached) dated February 24, 2009. Can you explain the message further? I assume the County would like to update the agreement. Can you please send the proposed agreement to me in an MS-Word or comparable format? Thank you in advance. Jim Fox Information Technology Manager Village of Oak Brook 200 Oak Brook Rd JWak Brook, IL 60523 0: 630.368.5174 -- F: 630.368.5175 www.oak-brook.org • DuPage County, Illinois MEMORANDUM OF AGREEMENT FOR DATA SHARING August 25, 2011 THIS AGREEMENT is entered into between DuPage Count—V, Illinois and Village of Oak Brook (hereinafter, "Parties")which are either users or developers of Geographic Information System (GIS) spatial data. WHEREAS,the purpose of this agreement is to facilitate sharing and cooperative use of GIS spatial data; and WHEREAS, each of the Parties is concerned with land use planning, transportation, and resource management within the boundaries of DuPage County and use GIS or other information technology to accomplish those goals; and WHEREAS,there is significant overlap in the data needed for planning and analysis tasks to be accomplished and GIS data that may be developed or acquired for these purposes is expensive; and WHEREAS, there is mutual public benefit to each of the Parties in sharing GIS data which will allow Parties to accomplish these goals at lower costs; and NOW THEREFORE,the Parties agree to the cooperative process for the sharing of spatial data about DuPage County as follows: • 1. Each Party to this agreement will make available to the other Parties any DuPage County located spatial data developed by the Parties insofar as the distribution of the spatial data is not limited by licenses, proprietary ownership, and cost sharing agreements or the Public Records Act. 2. Each Party shall also make available any updates of existing spatial data at a minimum on an annual basis. 3. No Party shall use any GIS data that is obtained under this Agreement for any commercial, for- profit activity or product. 4. The receiving Party may provide the data to an external person, agency or firm only for the purpose of obtaining a service that requires the use of the data. The external person, agency or firm will not be permitted to sell, give, utilize, or distribute the data beyond the scope of said service. 5. The receiving Party may display on a public Internet site map images only, and will not provide access to the underlying map data. 6. Data provided will not be used as a base for engineering design, establishing or reestablishing land boundaries, or as a substitute for an on-site survey for regulatory functions. 1 • 7. The Parties to this agreement shall use the spatial data provided by other Parties solely for their own purposes. No provision of this agreement shall limit the application of the Public Records Act (or, in the case of Federal Parties, the Freedom of Information Act)to the Parties to this agreement. 8. Each Party to this agreement shall accept spatial data from all other Parties"as is." In addition, each Party to this agreement shall hold harmless every other Party. Parties shall require any third Party users of this spatial data to agree in writing to hold harmless all Parties to this agreement. 9. The Parties to this agreement represent that the spatial data are complex and time sensitive and that they may contain some nonconformities, defects, or errors. The spatial data represent the best available information. The Parties to this agreement do not warrant that the spatial data will meet users' needs or expectations, or that all nonconformities, defects or errors can or will be corrected. 10. Any authorized use of information derived or generated from any spatial data provided pursuant to this Agreement in any product shall acknowledge the appropriate party to this agreement as the source, and include any qualifications deemed appropriate given the specific data quality and application of the derived information. 11. Both Parties agree to share the data in the format they use internally,without translation. • 12. The receiving Party will not alter provided information in any manner. If any alterations are made by the receiving Party, the content of the data will no longer be the responsibility of the data provider. 13. Both Parties agree to limit access to each other's FTP data servers only to internal staff and any external person, agency, or firm under contract with Parties of this agreement that is providing a service that requires access to the GIS data. 14. This Agreement is an integrated Agreement and supersedes all prior negotiations, representations or agreements,written or oral, between the Parties concerning the sharing of GIS data. 15. Any amendments to this Agreement must be in writing, signed by all Parties involved. 16. This Agreement shall become effective upon it's signature by all Parties involved and shall continue indefinitely. 17. Any Party may cancel this Agreement at any time, with or without cause upon written notification to all Parties involved. 2 • DuPage County Village of Oak Brook Printed Name Printed Name Title Address Title Date Date ❑ Approval of Agreement Terms ❑ Non-Approval of Agreement Terms 3