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1997 Data Sharing Memorandum of Understanding (MOU) PDF Print E-mail

Written by AGRC Administrator,


DATA SHARING MOU
Memorandum of Understanding for Utah Digital Spatial Data Sharing and Integration Project October 15, 1997

 

Purpose
This Memorandum of Understanding is made and entered into by the participating agencies for the purpose of sharing and exchanging non-sensitive digital spatial information in the State of Utah.
Objective
This agreement constitutes an expansion of existing agreements such as, the Canyon County Partnership, Data-Sharing Agreement Between Bureau of Land Management Utah Office and State of Utah, and MOC for The Southern Utah Intergovernmental Planning Process (SUPAC). These agreements have been the means for participating agencies to share and exchange data in specific project areas. Expansion to a state wide level eliminates the necessity of developing multiple agreements between the individual participating agencies for the purpose of sharing data.
Benefits
This agreement will decrease the duplicated development of the same information and will generate standardized information. The agreement also promotes the exchange of information and foster communication between agencies in Utah.
Definitions
Participants:
Those agencies, federal, state, or local that have signed this Memorandum of Understanding.

Spatial Data:
Information that contains the geographic location and characteristics of natural or constructed features and boundaries on the earth. This information may be derived from, among other things, remote sensing, mapping, and surveying technologies.

Project Management Plan

1. Data Sharing

  1. The participating agencies agree to share data for mutual benefit, in order to minimize duplication of efforts and expenditures, and to enhance intergovernmental cooperation.
  2. The participating agencies will provide digital data in a mutually agreed format.
  3. In order to facilitate the sharing and exchange of data with participating agencies, direct communication with other participating agencies is authorized.

2. The Data Catalog

  1. The State Geographic Information Database (SGID) Catalog maintained by the Automated Geographic Reference Center (AGRC) will be used to provide a catalog of data that are generated or produced by the participating agencies. Creation of individual agency catalogs will be encouraged for additional relatable data.
  2. The participating agencies will provide updates to that agency=s information maintained in the Data Catalog in order to keep the data at its most current level or create links to locally-maintained compatible catalogs.
  3. The Data Catalog will be available over ten Internet and the State Wide Area Network.
  4. These catalogs will fit within the concepts developed as part of the National Spatial Data Clearinghouse.
  5. Use of the Federal Geographic Data Committee Content Metadata Standard is recommended for all participants.

3. The Data Repository

  1. At a minimum, framework data will be consolidated and integrated as part of the distributed SGID. Framework data includes but is not limited to the following layers:

    1. Geodetic Control
    b. Digital Ortho-imagery
    3. Elevation
    d. Transportation
    5. Hydrography
    f. Governmental Units and Boundaries
    7. Cadastral Reference Systems and Administrative Ownership
    8. Demographics
    9. Wetlands
    10. Geology
    11. Wildlife Habitat
    12. Climate
    13. Ground Cover
    14. Land Use
    15. Soils
  2. All agencies specific data will be maintained by the responsible agency and made available to all participants.
  3. The participating agencies will provide electronic data in an agreed upon format.
  4. The participating agencies will provide updates to that agency=s information maintained in ten data repository in order to keep that dat and information in the repository at its most current level.
  5. The Data Repository will be available over the Internet.
  6. The GIS Advisory Committee will coordinate data collection and standards dealing with attributes, accuracy, currentness, completeness, and other data elements.
Term of Agreement
Completion Date. This instrument is executed upon signature of participating agencies and expires on December 31, 2002 at which time it will be subject to review, renewal, or expiration. Additional agencies can become participants by signing.
Termination. Any party(s), in writing may terminate their involvement in this instrument in whole, or in part, at any time before the data of expiration.
Participation in Similar Activities. This instrument in no way restricts any of the cooperating parties form participating in similar activities with other public or private agencies, organizations, and individuals.
Records Shared or Exchange
State records that are classified as private, controlled, or protected under the provisions of the Utah Government Records Access and Management Act (GRAMA), Tile 63, Chapter 2, Utah State Code, shall not be provided pursuant to this agreement, unless otherwise available pursuant to the terms of GRAMA. Similarly, federal records exempt from release under the provision of the Freedom of Information Act (FOIA) or are confidential or proprietary shall not be provide pursuant to this agreement, unless discretionary authority exists for the exemption. Metadata will be included with request records such as data source, scale, reliability, age, accuracy, etc., to identify data integrity.

 

Type of Access
Online access to raw data is encouraged upon mutual agreement between participating agencies. Such access shall incorporate appropriate site security, access sucurity provisions as required by both agencies, required identification and passwords and level of access provisions as determined by the system administrators of the participating agencies. Measures will be in accordance with the Computer Security Act of 1987.
Confidentiality Statement
Records provide pursuant to this agreement may only contain information available to the public. State records provided may be subject to non-release restrictins of GRAMA or other state laws. The recipient will be informed if release of the information is restricted, and the records will be so labeled. Tot he extend permissible by federal and state laws, the recipient agrees to abide by the restrictions, and shall not disclose such information to the public or other parties, or transmit or otherwise divulge this information, except to the extent permitted by the Freedom of Information Act.
Cost Recovery
Whenever possible, digital data shall be shard without cost. Costs would be incurred only if requesting participant wants data on a non-standard digital format or hard copy form. If cost recovery is determined to be necessary when a request for records is submitted, a separate procurement document will be issued and existing cost recovery rules and rate will apply. Records produced will not be sold to the public unless written permission is given.
Modification
Modifications within the scope of this instrument shall be made by the issuance of a written modification signed by all parties prior to any changes being performed.
Administration
The administration of this agreement will be accomplished by the participating agencies and their representatives, coordinated by GIS Advisory Committee.
Key Officials
Key officials are the primary points of contact and are responsible for implementing the provisions of this agreement. It is mutually agreed that the Key Official for each agency will be designated by the Signatory Official as the representative for that agency.
Restriction of Delegates
Pursuant to Section 22, Title 41, United State Code, no member of, or Delegate to, Congress shall be admitted to any share or part of this instrument, or any benefits that may arise therefrom.
Non-Fund-Obligating Document
This instrument is neither a fiscal nor a funds obligation document. Any endeavor involving reimbursement or contribution of funds between the parties to this instrument will be handled in accordance with applicable laws, regulations, and procedures including those for Government procurement and printing. Such endeavors will be outlined in separate agreements that shall be made in writing by representatives of the parties and shall be independently authorized by appropriate statutory authority. This instrument does not provide such authority. Specifically, this instrument does not establish authority for noncompetitive award to the cooperator of any contract or other agreement. Any contract or agreement for training or other services must fully comply with all applicable requirements for completion.
General Provisions
  1. All applicable national policy requirements and administrative management standards as set forth in Office Management and Budget, Financial Management Division, Directly of Policy Requirements and Administrative Standards for Federal Aid Programs and here by incorporated by reference.
  2. OMB Circular A-87, Cost Principals for State and Local Governments.
  3. OBM Circular A-102, Uniform Administrative Requirements for Grants-In-Aid to State and Local Governments.
  4. OMB Circular A-133 (replaced OMB Circular A-128 on 7/1/97), Audits of State and Local Governments.
  5. Executive Order 12906 Coordinating Geographic Data Acquisition and Access: The National Spatial Data Infrastructure.
Signatures
Each participant shall receive a copy of the fully-executed Memorandum of Understanding. Each is deemed an original.

Comment on this Article
02, Oct. 2007
Last Updated ( 21, Nov. 2007 )
 

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