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HomeMy WebLinkAboutPD-106-94File # Res. # .(: --) V V) 99 Sy -Law # Subject: DATA EXCHANGE AGREEMENT WITH THE REGIONAL MUNICIPALITY OF DURHAM WITH RESPECT TO ONTARIO BASE MAPPING FILE: PLN 24.2 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 106 -94 be received; 2. That the Clerk be authorized to execute the attached Data Exchange Agreement with the Regional Municipality of Durham regarding the exchange and updating of digitized mapping including Ontario Base Mapping. 1. Over the last several years, Municipal and Regional staff have had ongoing discussions regarding the exchange and updating of digital mapping and related information. These efforts are related to a coordinated effort towards the implementation a geographic information system. Most recently, staff forwarded digitized property mapping to the Region in the development of the Geographic Regional Infrastructure and Planning Systems (GRIPS). 2. The Region has recently obtained digitized 1985 Ontario Base Mapping (topographic mapping) at a scale of 1:10,000 from the Ministry of Natural Resources. As part of this ongoing co- operation, the Region is in a position to share the Ministry's mapping with the Municipality subject to both parties entering into a Data Exchange Agreement. In exchange for this mapping, Clarington's obligations are as follows: i) provide comments with respect to any erroneous information on the positional accuracy of the original township fabric; ii) provide digital information regarding the position of all 9� �: REPORT NO.: PD- 106 -94 PAGE 2 iii) provide digital information depicting new street names and addresses; and iv) provide comments to be used for priority setting of any updates by M.N.R. 3. Staff have reviewed the attached agreement from the Region and recommend that the Clerk be authorized to execute the Date Exchange Agreement on behalf of the Municipality. The term of the agreement is five years. 4. Staff will be continuing to build cost - effective partnerships with the Region and other agencies interested in such arrangements in the anticipation of the installation of a Geographic Information System in the future. Respectfully submitted, Reviewed by, x V r Franklin Wu, M.C.I.P. W.H. Stockwell Director of Planning Chief Administrative and Development Officer DC *FW *df *Attach 23 August 1994 i DATA EXCHANGE AGREEMENT Agreement made in duplicate Between: The Regional Municipality of Durham ( "Region ") And: The Corporation of the Municipality of Clarington ( "Municipality") Whereas the Regional Municipality of Durham has obtained digital map files known as the Ontario Base Map from Her Majesty the Queen in Right of Ontario as represented by the Minister of Natural Resources ( "MNR ") who is the owner of the proprietary rights and the NM maintains and controls the Ontario Base Map program ( "OBM ") and has agreed to permit the Municipality of Clarington to access this information contained therein ( "Data "). Therefore the parties agree as follows: 1. "Agreement" means this Agreement and the attached Schedule A. 2. The Region will provide to the Municipality copies of the digital OBM for the area contained within the municipal boundaries of the Municipality for use by the Municipality. The Data is for use in the development of internal municipal applications only and may not be resold, nor distributed outside of the Municipality. 3. During the term of this Agreement, the Municipality may use the Data solely for the purposes described in Paragraph 1. 4. Copies of the Data may be provided by the Municipality to consultants and contractors for work to be performed for the Municipality provided that the consultant or contractor agrees not to disseminate the Data and when the work is completed to delete all copies of the Data from their computer system(s). 5. Except for the permission granted herein, all right, title and interest in the Data in all languages, formats,media, including all copyrights therein, are and shall continue to be the exclusive right of the Crown in the right of Ontario. 6. The Municipality will cause a copyright notice in such form as the Region, as directed by MNR, requests to be affixed or displayed on the Municipality's end product(s). 7. The Municipality shall retain all right and interest in that part of the end product developed by the Municipality and neither MNR nor the Region shall have any rights with respect to that part of the end product. D991 ) 8. The Municipality shall be responsible for all access and use of the Data by its employees, consultants, agents, contractors, assigns and/or successors. At the commencement of this Agreement, the Municipality shall provide to the Region and maintain an accurate list of all internal users receiving copies of the Data. Upon reasonable notice, the Municipality shall provide updated copies of this list to the Region during the term of this Agreement. 9. Wherein this Agreement any notice is required to be given or made by either parry, it shall be in writing and sent by registered mail, by telegram, by telex, by facsimile, or delivered in person, addressed as follows: to the Region: Mr. C. W. Lundy Regional Clerk Clerk's Department REGIONAL MUNICIPALITY OF DURHAM 605 ROSSLAND ROAD EAST WHITBY ON L1N 6A3 to the Municipality: Mrs. P. Barrie Municipal Clerk Clerk's Department MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET BOWMANVILLE ON L1C 3A6 10. The Data is provided "as is" without warranty of any kind, expressed or implied as to accuracy or completeness. 11. Upon receipt from MNR, the Region will provide to the Municipality updated versions of the Data. 12. Upon receipt of the latest update, the Municipality shall destroy all older versions of the Data including printouts, unless written permission is obtained from MNR to do otherwise. 13. The Region shall have no liability whatsoever to the Municipality for: (a) any claim relating in any way to the Municipality's inability to use the Data for the purposes described in Paragraph 1.; or (b) any lost profits or other consequential, exemplary, incidental, indirect or special damages relating in whole or in part to the Municipality's rights under this Agreement or to use of, or inability to use the Data. 14. The Municipality shall indemnify and save harmless the Region, its agents, servants, officers and employees from and against all losses or damages which the Region may sustain as a result of any act or omissions, negligence or otherwise on the part of the Municipality, its agents, servants, officers, employees, consultants and contractors arising out of the use of this Agreement. 599ildI 15. Paragraph 14 will survive the expiration or termination of this Agreement. 16. This Agreement will be in force for a period of five (5) years from the date of execution unless terminated earlier. 17. This Agreement may be terminated by the Region by giving notice in writing to the Municipality in the event the Municipality is in breach of any term contained herein and the Municipality agrees that, upon receipt of such notice, it will destroy the Data in original form and all printouts and provide notice of such destruction to the Region. 18. This Agreement may not be assigned in whole or in part without the prior written consent of the Region. 19. This Agreement, including all addenda and schedules hereto, embodies the entire understanding between the parties and supersedes any and all prior and collateral understandings and Agreements, oral and written. 20. This Agreement shall be construed and interpreted according to the laws of Ontario. 21. This Agreement shall enure to the benefit of and shall be binding upon the parties and their respective representatives, successors and assigns. This Agreement has been executed on behalf of the Parties by their duly authorized signing officers this day of , 1994. P. Barrie Corporation of the Municipality of Clarington (Affix Corporate Seal) G. Herrema, Regional Chair C.W. Lundy, Clerk Regional Municipality of Durham Regional Municipality of Durham (Affix Corporate Seal) 59`1;;) SCHEDULE "A" In exchange for the provision of digital OBM data files by the Region for the area contained within the municipal boundaries of the Municipality, the Municipality agrees to supply to the Region with the following information for a period of five (5) years: 1. Comments /observations with respect to any erroneous information on the positional accuracy or annotations of the original township survey fabric portrayed on each OBM contained within the Municipality. 2. Digital information depicting the position of all roads (new and retired) contained within the Municipality. This information will be provided on a regular basis for the duration of this Agreement. 3. Digital information depicting new street names and civic addresses contained on all roads within the Municipality. This information will be provided on a regular basis for the duration of this Agreement. 4. Comments to be used for consideration in the priority setting of any updates that may be performed by the Ministry of Natural Resources within the Municipality. The Municipality agrees that the Ministry of Natural Resources may merge any of the above information into the OBM for update purposes or to integrate this information into the Standard Labelled Road Network (SLRN) for use by the Ministry of Natural Resources and the Ministry of Health. In addition, the Municipality agrees that this information merged into the updated OBM may be distributed by the Ministry of Natural Resources and that information integrated into the SLRN may be distributed by the Ministry of Natural Resources and the Ministry of Health. The Crown, through Right of the Queen, will remain owner of copyright to the newly created data through the amalgamation of information provided by the Municipality into the OBM or the SLRN. D9`�U