HomeMy WebLinkAboutGIS Data Sharing - The Nature ConservancyRESOLUTION {RESNUM}
ADOPTED
DOC ID: 7148
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-675 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2011:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the GIS Data Sharing Agreement between the Town
of Southold and The Nature Conservancy, subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Orlando, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Orlando, Krupski Jr., Evans, Russell
ABSENT: Christopher Talbot
DATA SHARING AGREEMENT BETWEEN
SOUTHOLD, NY AND THE NATURE CONSERVANCY
September 22, 2011
Description of the Data to Be Provided
Upon written consent to the following conditions and restrictions The Town of Sonthold
NY will provide GIS Digital Data Layers, as requested, to:
The Nature Conservancy (Referred to as The User hereafter)
The User is granted a non-exclusive, non-transferable, non-assignable, non-sub-licensable
use of Southold Town's GIS Digital Data Layers.
Owner of the Dataset is: The Town of Southold, A municipal corporation with its principal
offices located at 53095 Main Road, Southold, NY 11971 ("Southold"). The copyright and
other intellectual property rights for these GIS Digital Data Layers as provided by Southold
pursuant to this agreement belong to Southold.
Terms of Agreement
GIS Digital data layers provided by Southold are subject to the following conditions and
restrictions:
Subject GIS Data Layers Conditions and Restrictions
1. G1S Digital Data Layers provided by Southold are solely for the original recipient's
internal use and incorporation into sea level rise and storm surge vulnerability
assessments (hereafter "vulnerability assessments") and for the purpose of
preparing analyses that contribute to the update of the Southold Master Plan
("Southold 2020").
2. No GIS Digital Data Layers may be reproduced or redistributed without Southold's
prior written permission.
3. The User shall not release to another party (including contractors and independent
contractors) or otherwise distribute such GIS Digital Data Layers without prior
written approval of Southold. In no event shall any of the Digital Data Layers be
used for commercial purposes.
Liabilities and Limitations of the Digital Data Layer Provided
Distribution Liability: Southold makes no warranty, expressed or implied, as to the use or
appropriateness of use of the GIS Digital Data Layers, nor are there warranties of
merchantability or fitness for a particular purpose or use. No representation is made as to
the currency, accuracy or completeness of the GIS Digital Data Layers or of the data sources
on which it is based. Southold shall not be liable for any lost profits or consequential
damages, or claims against The User by third parties.
Access Constraints: Although Southold has verified the GI$ Digital Data Layers to the best
of its ability, Southold makes no warranty as to the currency, completeness, accuracy or
utility of any specific data. This disclaimer applies both to individual use of these GIS Digital
Data Layers and aggregate use with other data. It is strongly recommended that careful
attention be paid to the contents of the metadata file associated with these GI$ Digital Data
Layers.
Use Constraints: Any sale, distribution, loan, transfer, assignment, or offering for use of
these GIS Digital Data Layers, in whole or in part, is prohibited without the prior written
approval of Southold. The use of these data to produce other GIS products and services
with the intent to sell for a profit is prohibited without the written consent of Southold. All
employees and agents of The User receiving these GIS Digital Data Layers must be informed
of these restrictions. Southold shall be acknowledged as data contributors to any reports or
other products (maps and publications} derived, in whole or in part, from this digital data
layer.
Indemnification: Southold shall not be liable for any damages or loss whatsoever to any
person or legal entity, or property arising from or relating to this agreement or The User's
use of the GIS Digital Data Layers specified herein, The User agrees to indemnify, defend
and hold harmless Southold, and Southold's officers, directors, employees, members,
agents, and contractors from and against any and all loss, damages, claims, demands,
liabilities and cause of action of any kind whatsoever arising from or relating to this
agreement or User's use of the GIS Digital Data Layers specified herein. This
indemnification provision shall survive termination or expiration of this agreement.
No Endorsements: The use of the Southold G1S Digital Data Layers does not constitute
endorsement by Southold of The User, including but not limited to a company or particular
projects.
Termination: This agreement may be terminated by Southold upon written notice to The
User.
Assignment: This agreement and/or the rights of The User herein may not be assigned by
User under any circumstances.
The undersigned hereby accept and agrees to be bound by the terms and conditions set
forth above. It is fully understood that pursuant to this agreement the undersigned is
permitted to utilize the GIS Digital Data Layers provided by Southold, solely in the conduct
of vulnerability assessments and the update of the Southold Master Plan. Any other use,
unless with prior written permission from Southold, shall be deemed unauthorized.
Southold makes no representations of any kind, including but not limited to the warranties
of fitness for a particular use, nor are any such warranties to be implied, with respect to the
GIS Digital Data Layers furnished hereunder. Southold assumes no responsibility to
maintain them in any manner or form.
Data User:
Signature:
Name (Print):
Title:
Organization/Affiliation: The Nature Conservancy
Date:
Data Provider:
Signature: By:
Name (Print): __~'e~ ~'~..~-, ./dK't,4.~c,f e.~/' ['
Title: ~p~C~o
Organization/~ffiliation: Town of Southold. New York
Date: