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HomeMy WebLinkAboutGIS Data Sharing - The Nature ConservancyRESOLUTION 2011-675 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 ORIGINAL DATA SHARING AGREEMENT BETWEEN THE NATURE CONSERVANCY AND THE TOWN OF SOUTHOLD, NEW YORK This Agreement is entered into between the The Nature Conservancy, a not for profit corporation with a principal corporate address of 4245 North Fairfax Drive, Arlington, Virginia 22203, through its Long Island Chapter, Center for Conservation office located at 142 State Route 114, P.O. Box 5125, East Hampton, NY 11937 {hereinafter referred to as the "Conservancy") and the Town of Southold, New York, a municipal corporation with its principal offices located at 53095 Main Road, Southold, NY 11971, its elected and/or appointed officials and employees (hereinafter referred to as the "Town") Preface WHEREAS, the mission of the Conservancy is to conserve the lands and waters on which all life depends; and WHEREAS, the Long Island Chapter of the Conservancy is undertaking conservation of coastal systems that have features such as barrier islands, bluffs and dunes, wetlands, marshes and coastal flood plains; and WHEREAS, mounting evidence suggests that rising sea levels, coupled with related increases in storm surges, will increasingly put coastal populations at risk from inundation, storm damage, and saltwater intrusion. In order to adapt, decision-makers need access to information and tools that support choices for managing natural resources and protecting human communities. Without these resources, proactive solutions that reduce impacts and build resiliency for human and natural communities will remain elusive; and WHEREAS, the Conservancy is committed to developing long term plans for up to the next 100 years that consider issues such as coastal change (erosion & accretion), wetland loss, tidal marsh migration, storm effects, climate change, increases in relative sea level as well as impacts of man-made alterations such as hard and soft coastal engineering structures, and development of the shoreline and the existing and future flood plain; and WHEREAS, in response to this evidence and in furtherance of its coastal program the Conservancy has collected data and undertaken the Coastal Resilience project; and WHEREAS, the Town of Southold, New York is in the process of updating its Town Master Plan through the year 2020 (a.k.a. "Southold 2020") and seeks to incorporate sea level rise, storm surge and other climate change information into its future planning and decision making; and WHEREAS, the Conservancy wishes to make the data it has collected through the Coastal Resilience program more broadly available to decision makers, interested non-profit organizations and the public; NOW THEREFORE, the Conservancy and the Town agree as follows: Purpose The purpose of this Agreement is to facilitate the sharing of data from the Coastal Resilience project between the Conservancy and the Town. Description of the Data to Be Provided: The Town is granted a non-exclusive, non-transferable, non-assignable, non-sub-licensable use of The Nature Conservancy's GIS Digital Data Layers from its Coastal Resilience website (www. coastalresilience.org) "Future Scenarios Mapper" tool. Specifically to be provided are those data layers which identify potential vulnerability for the land within the Town of Southold, New York, in the present, in the 2020's, in the 2050's and in the 2080's for sea level rise and storm surge inundation; with no hurricane or with a Category I or a Category 2 hurricane event ~hereinafter referred to as the "Digital Data Layers"). Scenarios shown will include a low, medium and high mapping certainty. After consultation with the Conservancy, the Town will submit a request in writing for specific Digital Data Layer(s). The Conservancy will approve/disapprove in writing. Only Digital Data Layers approved for release by the Conservancy will be provided to the Town. Request and approval may be submitted via 1st class mail, fax or email. Owner: The Digital Data Layers provided by the Conservancy under this Agreement represent intellectual property. The Nature Conservancy is either the owner of the data and the Digital Data Layers or, has in its possession publicly available data or, as authorized by the Trustees of Columbia University in the City of New York, has a worldwide, perpetual, non-exclusive, irrevocable license to use and distribute the data and for non-profit, scientific, public planning, educational, academic, fundraising and outreach purposes and is authorized to allow others to use the data for the same purposes. Other than publicly available data, all copyright and other intellectual property rights for the Digital Data Layers, and the data upon which they are based, collected and compiled by either the Conservancy or Columbia University from non-public sources and provided to the Town pursuant to this Agreement belong either to The Nature Conservancy or Columbia University. Terms of Agreement Authorized Uses: Use of the Digital Data Layers provided by the Conservancy is subject to the following terms, conditions and restrictions: 1. Digital Data Layers provided by The Nature Conservancy are solely for the Town's internal use and may be used for the following purposes only: incorporation into the Southold 2020 Master Plan Update; mapping, planning, zoning, land use and environmental impact analysis; planning public works and infrastructure projects; identifying and prioritizing open space and farmland preservation acquisitions; and for purposes of preparing materials for public meetings or hearings related to any of the above. 2 The Town may produce other GIS and derivative products using the Digital Data Layers, such as a zoning overlay, for the above for stated internal purposes. No Digital Data Layers may be released, reproduced or further disseminated to another party (including agents and independent contractors) without The Nature Conservancy's prior written permission. In no event shall any of the Digital Data Layers be used for commercial purposes. All employees of The Town receiving these Digital Data Layers must be informed of and adhere to these restrictions and the terms of this Agreement. Use Constraints: Any sale, distribution, loan, transfer, assignment, or offering for use of the Digital Data Layers, in whole or in part, is prohibited without the prior written approval of The Nature Conservancy. The use of the Digital Data Layers to produce other GIS products and services with the intent to sell for consideration, monetary or otherwise, is strictly prohibited. Disclaimer and Liability: The Nature Conservancy makes no representations or warranties of any kind, express or implied, as to the currency, accuracy or completeness or utility of the Digital Data Layers or of the data sources on which they are based. No representations or warranties of any kind, express or implied, are made as to the use or appropriateness of use of the data or Digital Data Layers, including but not limited to warranty of fitness for a particular purpose or use nor are any such warranties to be implied. The Conservancy shall not be held liable for the accuracy and completeness of the Digital Data Layeres, or opinions or conclusions drawn from the Digital Data Layers. The Conservancy is not inviting reliance on the Digital Data Layers. The Nature Conservancy shall not be liable for any lost profits or consequential damages, or claims of any kind against the Town by third parties. This disclaimer applies both to individual use of the Digital Data Layers and aggregate use with any other data. It is strongly recommended that careful attention be paid to the contents of the metadata file associated with the Digital Data Layers and that information be independently verified in the field. Acknowledgment: The Nature Conservancy shall be acknowledged as data contributor to any reports or other products (maps and publications) derived, in whole or in part, from the Digital Data Layers provided under this Agreement. In addition, the Town will acknowledge that the data collection was funded in part by the National Fish and Wildlife Foundation, U.S. Environmental Protection Agency and U.S. Fish and Wildlife Service. No Endorsement: The use of the and Digital Data Layers does not constitute an endorsement of the Town or any particular projects or activities of the Town by The Nature Conservancy, National Fish and Wildlife Foundation, U.S. Environmental Protection Agency or U.S. Fish and Wildlife Service. All information submitted for publication or other public releases of information containing this data shall carry the following disclaimer: "The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of The Nature Conservancy, the U.S. Government or the National Fish and Wildlife Foundation. Mention of trade names or commercial products does not constitute their endorsement by The Nature Conservancy, the U.S. Government or the National Fish and Wildlife Foundation." Use of Logo: The Town may not use The Nature Conservancy's logo in any way without prior written consent from the Conservancy. In addition, the Town may not use the logos of National Fish and Wildlife Foundation, U.S. Environmental Protection Agency and U.S. Fish and Wildlife Service in any way without prior written consent from said agencies. Any request for permission to an agency will be submitted through The Nature Conservancy. Term, Termination and Amendment: This Agreement shall commence as of February ,2012 and shall renew automatically on an annual basis unless otherwise terminated._ This Agreement may be terminated by either party upon written notice delivered to the other. Upon termination, the Town shall immediately cease any and all further use of the Digital Data Layers and return same to the Conservancy. The parties may amend this Agreement, but only by written instrument signed by both parties. Assignment: This Agreement and/or the rights of The Town herein may not be assigned by Town under any circumstances. Authorized Contacts: For the Town: John Sepenoski GIS Coordinator $outhold Town Hall P.O. Box 1179 53095 Main Road Southold, NY 11971 Phone: (631) 765-1800 x 273 Email: johnsept~town.southold.ny.us For the Conservancy: Randy Parsons Conservation Finance and Policy Advisor The Nature Conservancy Long Island Chapter's Center for Conservation 142 State Route 114 P.O. Box 5125 East Hampton, NY 11937 Phone: (631) 329-7689 x 28 Fax: {631) 329-0215 Email: rparsons@tnc.org It is fully understood that the Town is permitted to utilize the Digital Data Layers provided by The Nature Conservancy solely as provided for under the terms and conditions contained in this Agreement. The undersigned, on behalf of and duly authorized by the Town, hereby accepts and agrees to be bound by the terms and conditions set forth above. The Town of Southold, New York: Signature: Name (Print):~cott A. Ru~ss'~ll Title: Town Supervisor Date: .~ (O-1~ The Nature Conservancy: BY~ignature~~'x~ Name (Prin[): Nanlc~/Kell~ // Title: F~c,u~i,v,e~i_rector - L'm~g Date: _~? ~/) Z.~ Island Chapter ORIGINAL DATA SHARING AGREEMENT BETWEEN THE TOWN OF SOUTHOLD NEW YORK AND THE NATURE CONSERVANCY This Agreement is entered into between the Town of Southold, New York, a municipal corporation with its principal offices located at 53095 Main Road, Southold, NY 11971, its elected and/or appointed officials and employees (hereinafter referred to as the "Town") and The Nature Conservancy, a not for profit corporation with a principal corporate address of 4245 North Fairfax Drive, Arlington, Virginia 22203, through its Long Island Chapter, Center for Conservation office located at 142 State Route 114, P.O. Box 5125, East Hampton, NY 11937 (hereinafter referred to as the "Conservancy" or "The Nature Conservancy"). Preface WHEREAS, the mission of the Conservancy is to conserve the lands and waters upon which all life depends, and WIiEREAS, the Long Island program of the Conservancy is undertaking conservation of coastal systems that have features such as barrier islands, bluffs and dunes, wetlands, marshes and coastal flood plains; and WHEREAS, mounting evidence suggests that rising sea levels, coupled with related increases in storm surges, will increasingly put coastal populations at risk from inundation, storm damage, and saltwater intrusion. In order to adapt, decision-makers need access to information and tools that support choices for managing natural resources and protecting human communities. Without these resources, proactive solutions that reduce impacts and build resiliency for human and natural communities will remain elusive; and WHEREAS, the Conservancy is committed to developing long term plans for up to the next 100 years that consider issues such as coastal change (erosion & accretion), wetland loss, tidal marsh migration, storm effects, climate change, increases in relative sea level as well as impacts of man-made alterations such as hard and soft coastal engineering structures, and development of the shoreline and the existing and future flood plain; and WHEREAS, in response to this evidence and in furtherance of its coastal program the Conservancy has collected data and undertaken the Coastal Resilience project; and WHEREAS, the Town of Southold, New York is in the process of updating its Town Master Plan through the year 2020 (a.k.a. "Southold 2020") and possesses certain data that, if shared, may allow the Town and the Conservancy to better incorporate sea level rise, storm surge and other climate change information into the Town's future planning and decision making; and WHEREAS, the Town wishes to make the data it has created or collected available to the Conservancy for this purpose; NOW THEREFORE, the Town and the Conservancy agree as follows: Purpose The purpose of this Agreement is to facilitate the sharing of data between the Town and the Conservancy for the Town's Master Plan Update and for the Conservancy's Coastal Resilience project. Description of the Data to Be Provided: The Conservancy is granted a non-exclusive, non-transferable, non-assignable, non-sub-licensable use of any data owned by or which the Town has the legal capacity to share, whether in GIS or other format., which the parties agree could be useful in their collaboration, pursuant to the approval process set forth below. After consultation with the Town, the Conservancy will submit a request in writing for specific data. The Town will approve/disapprove in writing. Only data approved for release by the Town will be provided to the Conservancy. Request and approval may be submitted via 1st class mail, fax or email. Owner: The data provided by the Town represents intellectual property. The Town is either the owner of the data or has in its possession data which is publicly available. Other than publicly available data, all copyright and other intellectual property rights for the data collected and compiled by the Town from non-public sources and provided to the Conservancy pursuant to this Agreement belongs to the Town. Terms of Agreement Authorized Uses: Use of the data provided by the Town is subject to the following terms, conditions and restrictions: 1. Data provided by the Town is to be used for the following purposes: for the Conservancy's internal use and incorporation into sea level rise and storm surge vulnerability assessments; for the purpose of preparing analysis that contributes to the update of the Southold Master Plan ("Southold 2020"); for purposes of collaboration with the Town for mapping, planning, zoning, land use and environmental impact analysis, planning public works and infrastructure projects, identifying and prioritizing open space and farmland preservation acquisitions and for purposes of preparing materials for public meetings or hearings related to any of the above. 2. The Conservancy may produce other GIS and derivative products using the data for the above for stated internal purposes. No data may be released, reproduced or further disseminated to another party (including contractors and independent contractors) without prior written approval of the Town. In no event shall any of the data be used for commercial purposes. All employees of the Conservancy receiving the data must be informed of and adhere to these restrictions and the terms of this Agreement. 2 Use Constraints: Any sale, distribution, loan, transfer, assignment, or offering for use of the data, in whole or in part, is prohibited without the prior written approval of the Town. The use of the data to produce other GIS products and services with the intent to sell for consideration, monetary or otherwise, is strictly prohibited. Disclaimer and Liability: The Town makes no representations or warranties of any kind, express or implied, as to the currency, accuracy or completeness or utility of the data or of the data sources on which it is based. No representations or warranties of any kind, express or implied, are made as to the use or appropriateness of use of the data, including but not limited to warranty of fitness for a particular purpose or use nor are any such warranties to be implied. The Town shall not be held liable for the accuracy and completeness of the data, or opinions or conclusions drawn from the data. The Town is not inviting reliance of the data. The Town shall not be liable for any lost profits or consequential damages, or claims of any kind against the Conservancy by third parties. This disclaimer applies both to individual use of the data and aggregate use with any other data. It is strongly recommended that careful attention be paid to the contents of the metadata file associated with the data and that information be independently verified in the field. Acknowledgment: The Town shall be acknowledged as data contributor to any reports or other products (maps and publications) derived, in whole or in part, from the data provided under this Agreement. No Endorsement: The use of the data does not constitute an endorsement of the Conservancy or any particular projects or activities of the Conservancy by the Town. All information submitted for publication or other public releases of information containing this data shall carry the following disclaimer: "The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the Town of Southold." Use of Logo: The Conservancy may not use the Town's logo in any way without prior written consent from the Town. Term, Termination and Amendment: This Agreement shall commence as of February ,2012 and shall renew automatically on an annual basis unless otherwise terminated. This Agreement may be terminated by either party upon written notice delivered to the other. Upon termination, the Conservancy shall immediately cease any and all further use of the data and return same to the Town. The parties may amend this Agreement, but only by written instrument signed by both parties. Assignment: This Agreement and/or the rights of The Conservancy herein may not be assigned by Conservancy under any circumstances. 3 Authorized Contacts: For the Town: John Sepenoski GIS Coordinator Southold Town Hall P.O. Box 1179 53095 Main Road Southold, NY 11971 Phone: (631) 765-1800 x 273 Email: johnsept~Conservancy.southold.ny, us For the Conservancy: Randy Parsons Conservation Finance and Policy Advisor The Nature Conservancy Long Island Chapter's Center for Conservation 142 State Route 114 P.O. Box 5125 East Hampton, NY 11937 Phone: (631) 329-7689 x 28 Fax: (631) 329-0215 Email: rparsons(~tnc.org It is fully understood that the Conservancy is permitted to utilize the data provided by the Town solely as provided for under the terms and conditions contained in this Agreement. The undersigned, on behalf of and duly authorized by the Conservancy, hereby accepts and agrees to be bound by the terms and conditions set forth above. The Nature Conservancy: BY:signatu:e:/~d~-/? Name (Print): N~ncy Title: E~i~tf~e~Direct°r - L°ng Island ChapterDate: ' The Town of Southold: Signature: By: Name (Print): Scot~A~ Russell Title: Town Supe~isor Date: 4