R-1130 - 10/11/2011 - IGA - Resolutions Supporting DocumentsITEM 6.G.4)
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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 NV
Michael Hullihan, Engineering & Public Works Director
BUDGET SOURCEBUDGET IMPACT: No additional cost
RECOMMENDED MOTION: I move that the Village Board approve Resolution 201 1-IGA-
GIS-R- 1130 and the proposed Agreement with DuPage County, IL for sharing of Geographical
Information System (GIS) data.
Background/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). The only cost is the
personnel time associated with the administration and declaration of the Agreement.
Recommendation:
Staff recommends that the Village Board approve the attached Agreement with DuPage County,
IL for data sharing of Geographical Information System (GIS) data, as it has already been
reviewed and modified by the Village's attorneys from Holland & Knight.
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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
Ayes:
Gopal G. Lalmalani
Village President
PASSED THIS 11th day of October, 2011
ATTEST:
Charlotte K. Pruss
Village Clerk
REVIVED NOV 10 2011
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.
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.
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DuPage County �% /%
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Printed Name
Title
Date
Village of Oak Brook
Gopal G. Lalmalani
Printed Name
1200 Oak Brook Road, Oak Brook, IL 60523
Address
Village President
Title
October 13, 2011
Date
❑ Approval of Agreement Terms
❑ Non - Approval of Agreement Terms
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