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HomeMy WebLinkAboutResolution_66-99/00_06/08/2000• RESOLUTION NO. 66 - 99/00 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN INTERGOVERNMENTAL RIDER WITH PALM BEACH COUNTY FLORIDA GIS INFORMATION POLICY DATA LICENSING AGREEMENT TO ALLOW TEQUESTA TO LEASE PALM BEACH COUNTY GIS DATA AND AUTHORIZING THE ACTING VILLAGE MANAGER TO EXECUTE THE APPLICABLE AGREEMENT ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. To execute an Intergovernmental Rider with Palm Beach County Florida GIS Information Policy Data Licensing Agreement to allow Tequesta to lease Palm Beach County Data, attached hereto as Exhibits "A" and "B" incorporated by reference as a part of this Resolution is hereby approved and the Acting Village Manager of the Village of Tequesta is authorized to execute the same on behalf of the Village of Tequesta. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Schauer who moved its adoption. The motion was seconded by Councilmember Genco and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Joseph N. Capretta Basil E. Dalack Geraldine A. Genco Elizabeth A. Schauer Sharon D. Walker • The Mayor thereupon declared the Resolution duly passed and adopted this 8th day of June, A.D, 2000 • r~ ATTEST: oann Mangani to Village Clerk Resolution\Intergovernmental Rider YOR OF TEQUESTA L .~I . ~~,,, tom, :~~ ~~ r Joseph N. Capretta • Intergovernmental Rider EXHIBIT "A" Palm Beach County Florida GIS Information Policy Data Licensing Agreement -Intergovernmental Rider DEFZNZTZONB For the purposes of this Intergovernmental Rider (hereinafter "Rider"): A. An "Intergovernmental" organization is a governmental body or other public or quasi-public entity recognized as such under Florida Law. B. The term "Open Records Laws" refers to Chapter 119 of the Florida Statutes. C. "Data" means all information, graphic, database, text, annotation, documentation and materials, regardless of the form or format in which it is maintained, in which the County has authorship or other ownership interest. D. A "Licensee" is a requester or recipient of Data, regardless of the source from which the Data is received. A Licensee may be an individual or an organization. Notwithstanding, a Licensee may only be a single individual or legal entity such as a corporation or partnership but not a group of entities, such as an affiliation or joint venture. INTRODUCTION This agreement is a Rider to the Palm Beach County, Florida GIS Information Policy Data • Licensing Agreement -Personal Use Agreement (hereinafter "License"). Except where provided herein, all terms and conditions of the License govern and control the relationship between Palm Beach County, Florida (hereinafter "County") and the Licensee relative to the Data. The purpose of this Rider is to foster intergovernmental relations and to permit other units of government to use the Data on anon-exclusive, royalty free basis. PERMITTED ZT~3E8 In addition to the permitted uses identified in the License, the Intergovernmental Rider Licensee may: A. Use, view, alter, modify, analyze or merge the Data for the Licensee's internal purposes. B. Transfer both hardcopy and digital versions of the Data to third parties under Open Records requests so long as: 1. Credit or attribution is given to the County and, where appropriate, the custodial agency; 2. The County's copyright ownership interest and notice is displayed; 3. Notice that use of the Data is limited by the License agreement, including disclaimers with the County; and CONDITION PRECEDENT • In consideration of the additional rights afforded by this Intergovernmental Rider, the Licensee agrees to negotiate and execute anInter-Local Cooperative Agreement with the County. Page 1 ~FFZI~l'~IATZON • The undersigned Licensee affirms and warrants that it qualifies as a Intergovernmental entity and that it will observe the terms of this Rider. In addition, the Licensee agrees that if its status as a Intergovernmental Entity changes, that it will execute the appropriate License and/or rider and pay fees in accord with that rider. Failure to do so shall be prima facie evidence of a breach of this agreement and cause for termination of the License and this Rider. Licensee Licensee Address /Phone /Fax / E-Mail Title ~~c~~~v~- L r ~~: ~t-e` ~ir~n~A~~~ Date: '~„~ `.zc, , a2c~ c~ o • • Page 2 9 EXHIBIT "B" • Palm Beach County Florida GIS Information Policy Data Licensing Agreement -Personal Use Agreement REBERY~ITION OF O~YNERBIZZp All Palm Beach County, Florida (hereinafter "County") geographic databases (hereinafter "Data"), whether in hard copy or digital form, are copyrighted, original works. The County reserves all right of authorship and ownership under United States and international copyright laws in these Data. Any use beyond those described herein, may be a violation of this copyright. For additional uses, a separate rider must be executed. DEFZNZTZON43 For the purposes of this license agreement hereinafter "License": A. The "Palm Beach County Florida GIS Information Policy refers to Resolution 98-520 adopted by the Palm Beach County Board of County Commissioners on April 21, 1998. B. "Data" means all information, graphic, database, text, annotation, documentation and materials regardless of the form or format in that it is maintained, in which the County has authorship or other ownership interest. • C. A "Custodial Agency" is that entity that is sanctioned or mandated to act as official repository of the Data. D. A "Right to Use License" means that the Licensee does not take ownership of the Data, but is permitted to make use of the Data subject to the limitations. described by this license. E. A "Licensee" is a requester or recipient of Data, regardless of the source from which the Data is received. A Licensee may be an individual or an organization. Notwithstanding, a Licensee may only be a single individual or legal entity such as a corporation or partnership but not a group of entities, such as an affiliation or joint venture. F. Static display means that the Data is in hardcopy form or, if in electronic form, in an image format (e.g., BMP, JPEG, or GIF). GrRANT OF LZCENf3E In consideration of receipt of Data by the Licensee and other value by the County, the County is willing to grant anon-exclusive, personal, nontransferable "right to use license" to the requester (hereinafter "Licensee")but only on the condition that the Licensee accept all the terms and conditions of this license. In the event that the Licensee does not agree to these terms, all Data shall be returned immediately to the County. All rights not specifically granted by this license are reserved to the County. PERMITTED UBEB • The licensed data may be used by the Licensee for its sole and exclusive, internal use and not by or for the benefit of any other person or entity, including affiliates or other related groups. In pursuit of this license, the Licensee may: • Personal Use License Agreement A. Install the Data onto permanent, electronic storage devices owned, leased or otherwise controlled by the Licensee. This installation may include one copy, which may be held offsite or outside the immediate control of the Licensee but only for backup or archive purposes. B. Display Data for internal purposes so long as: 1. The Data or its images are in the form of a static display; 2. The display or images are not conveyed in any manner; . 3. Credit or attribution is given to the County and, where appropriate, the custodial agency; 4. The County's copyright ownership interest and notice are displayed; and 5. Notice that use of the Data is limited by this License agreement, including disclaimers with the County. C. The Licensee may use, view, alter, modify, analyze or merge the Data for Licensee's own internal purposes, so long as the Data continues to be subject to this License agreement. D. In addition to this License, there are three other licensing arrangements which, depending on • the Licensee's use, may extend permitted uses. These licensing arrangements must be entered into separately as riders to this License. These riders include the Intergovernmental, Commercial Use, and the Publisher Riders. For more information regarding these riders contact the Palm Beach County GIS Service Bureau, Department of Information System Services. pROHZBZTED U13EB The Licensee may not: A. Sell, copy, gift, lease, sublicense, lend, assign, provide access to or otherwise transfer the Data, in whole or in part, in digital or hardcopy form, to any other party without the express, written consent of the County. B. Obscure or remove-the County's copyright notices, County or custodial attribution or credit notices, license summaries, liability or disclaimers, or other notices necessary to effectuate and perfect the County's interest ~YgRRANTZE15ti The Data is provided to the Licensee "as is" without warranty or any representation of accuracy, timeliness or completeness. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the Licensee. The County makes no warranties, express or implied, as to the use of the licensed Data. There are no • Page 2 Personal Use License Agreement implied warranties of merchantability or fitness for a particular purpose. The Licensee acknowledges and accepts the limitations of the Data, including the fact that the Data is dynamic and is in a constant state of maintenance, correction and update. LZABZLZTZEl3 The County's entire liability and the Licensee's sole and exclusive remedy shall be termination of this License, whereupon the Licensee shall remove all digital versions of the Data from all permanent electronic storage devices, including back-ups and archive copies, from-all computers owned, leased or otherwise controlled by the Licensee. , REIIREDZEB A. County. Damages, for which the Licensee may be entitled, if any, shall be limited to any fees or charges Licensee paid the County for the Data. The County shall not in any event be liable to the Licensee or third parties for any direct, indirect, special, incidental, exemplary, consequential, or punitive damages arising out of this License or use of the Data, however caused or under any theory of liability. Prohibited damages include but are not limited to loss profits, lost sales, business expenditures, and loss of good will. • B. Licensee. In the event of a breach or threatened breach of any of the provisions of this License by the Licensee, its agents or employees, the County shall be entitled to preliminary and permanent injunctive relief to enforce the provisions herein. Notwithstanding, nothing shall preclude the County from pursuing any action or other remedy, including money damages and attorneys fees, for any breach or threatened breach of this License, all of which will be cumulative. . TERM The Right to Use License granted by this License shall commence upon the Licensee's receipt of the Data and shall continue until such time that: A. Licensee elects to cease use of the Data and terminates this License, at which time the Licensee must remove and return all copies of the Data to the County; or B. The County terminates the License for a breach or threatened breach by Licensee. The parties hereby expressly agree that all provisions of this License that protect the rights of the County shall remain in full force and effect irrespective of breach or other termination. ~YS.ZYE R Failure or delay of the County to enforce any right or remedy under this License shall not be construed as an implied waiver, or other waiver of any rights or remedies hereunder in the • future. Page 3 Personal Use License Agreement ENTIRE $GREEMENT/S~`v~:RABZLZTY The parties agree that this License, together with its riders, represent the sole and entire agreement of the parties relative to the Data and supercedes any other agreements, understandings, and arrangements of the parties: If any provisions of this License shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the remaining provisions shall remain in full force and effect. GOYERNZNG Lg~Y This License, together with any Riders, is entered into in Palm Beach County, Florida. In addition, this License, together with any Riders, will be governed by the laws of the State of Florida, without reference to conflicts of law principles. The parties submit to personal jurisdiction in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida and hereby waive the right to a change of venue. • • Page 4