HomeMy WebLinkAboutDocumentation_Regular_Tab 10E_6/8/2000 Memorandum
To: Joann Manganiello, Acting Village Manager
From: Josef F. Grusauskas, Utilities Director ,
Date: May 30, 2000
Subject: Authorization to Execute an Intergovernmental Rider for Village of Tequesta
to Use Palm Beach County Florida GIS Data; Village Council Agenda Item
June 8, 2000
The Utilities Department has been working to develop a Geographical Information System (GIS) to
aid in planning and management of the Village.
Staff and Florida Atlantic University (FAU) Intern, Nathalie Rolley, met with Palm Beach County
GIS personnel on Friday, May 26, 2000 to discuss and plan the next phase in creating the Village
GIS platform embarked upon last year. As a result of this meeting, attached are the Palm Beach
County Florida GIS Information Policy Data Licensing Agreements for Personal Use and
Intergovernmental Rider, Exhibit "A" and "B" respectively, required to obtain base data layers for
the Village GIS System for Council's consideration.
GIS is essentially digital displays of information and maps in layers. This information can be used to
enhance a variety of Village services from helping to respond to emergencies, to planning Village
services and assessments.
Activities to date include working with Palm Beach County, (Resolution No. 46-98/99) to jointly
enter into a contract with Aerial Data Reduction Associates, Inc. for photogrammetric infrastructure
common to the Palm Beach County GIS System and contracting with Florida Atlantic University for
an internship (Resolution 38-99/00) to help develop the Village GIS system.
Photogrammetric detailing of infrastructure that includes outlining building, roads, drainage
structures, sidewalks, pool and other man-made structures is near completion. The next phase
requires the Village FAU intern layer common maps from the existing Palm Beach County
database to form the Village GIS platform.
Please place this item on the June 8, 2000 Council Meeting for the Council's consideration. A
Draft Resolution authorizing the Village Manager to execute the Intergovernmental Rider, which
incorporates the personal use agreement to allow Tequesta to lease Palm Beach County data, on
behalf of the Village is also attached. An Interlocal Agreement to share data will be brought back to
the Village Council at a later date.
If you have any questions, please advise.
JFG/mk
Attachments
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 , who moved its
adoption. The motion was seconded by
Councilmember , and upon being
put to a vote, the vote was as follows :
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Resolution duly
passed and adopted this 8th day of June, A.D, 2000
MAYOR OF TEQUESTA
Joseph N. Capretta
ATTEST :
Joann Manganiello
Village Clerk
Resolution\Intergovernmental Rider
Intergovernmental Rider EXHIBIT "A"
Palm Beach County Florida GIS Information Policy
Data Licensing Agreement - Intergovernmental Rider
13EFINITIONS3
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.
ZNTRODTTCTION
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 a non-exclusive, royalty free basis.
PERMITTED UBE�
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 an Inter-Local Cooperative Agreement with the County.
Page 1
B.FF`IF ] LA?rION
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
By:
Title
Date:
Page 2
EXHIBIT "B"
Palm Beach County Florida GIS Information Policy
Data Licensing Agreement - Personal Use Agreement
RESERVATION OF OI/ rNERBHIP
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.
DEF`INITI0NF3 •
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).
GRANT OF LICENSE
In consideration of receipt of Data by the Licensee and other value by the County, the County is
willing to grant a non-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 11.1l3F3
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.
ROI3IBITE") Usi is
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
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.
7...xlmaxx,xiiriEl3
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.
REMEDIES
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.
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$GREEME Ayr/SF' I rnLITY
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.
•
GOVERNING 14A W
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
JONES ri, .
FOS 1'ER Flagler Center Tower,Suite 1100 Mailing Address
JOHNSTON 505 South Flagler Drive Post Office Box 3475
Q� C C P ^ West Palm Beach,Florida 33401 West Palm Beach,Florida 33402-3475
Cal STUBBS/ tL Telephone(561)659-3000 Facsimile(561)832-1454
Attorneys and CounselorsPPC F I`/ D
John C.Randolph,Esq. J U N - 7 2000
Direct Dial: (561)650-0458
E-mail: irandolphajones-foster.com UTILITIES DIRECTOR
June 2, 2000 VIA FAX: 575-6245
Josef F. Grusauskas, Utilities Director
Village of Tequesta Utilities Department
Post Office Box 3474
Tequesta, Florida 33469-0474
RE: Village of Tequesta
Intergovernmental Rider Agreement to Lease GIS Data from Palm Beach County
Our File No. 13153.1
Dear Joe:
This is a follow up to my letter of May 31, 2000. Please be advised that I approve of the Rider
agreement which you forwarded to me relating to the use of GIS software from Palm Beach County.
Sincerely,
JONES, FOSTER, JOHNSTON& STUBBS, P.A.
John . Randolph
JCR Ssm