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Klickitat County
MEMORANDUM OF AGREEMENT FOR DATA SHARING

July 1999

THIS AGREEMENT is entered into between Klickitat County and _______________ (hereinafter, "Parties") which are either users or developers of Geographic Information System (GIS) spatial data.

WHEREAS, the purpose of this agreement is to facilitate sharing and cooperative use of GIS coverages and other spatial data; and

WHEREAS, each of the Parties is concerned with land use planning , transportation, and resource management within the boundaries of Klickitat County and use GIS or other information technology to accomplish those goals; and

WHEREAS, there is significant overlap in the data needed for planning and analysis tasks to be accomplished and GIS data that may be developed or acquired for these purposes is expensive; and

WHEREAS, there is mutual public benefit to each of the Parties in sharing GIS data which will allow Parties to accomplish these goals at lower cost; and

WHEREAS, there are administrative, organizational and technical barriers which have prevented data sharing in the past; and

NOW THEREFORE, the parties agree to the cooperative process for the sharing of spatial data about Klickitat County as follows:

1. Each party to this agreement will make available to the other parties any coverages and spatial data developed by the Parties insofar as the distribution of the coverages and spatial data is not limited by licenses, proprietary ownership, cost sharing agreements or the Public Records Act.

2. Each party shall also make available any updates of existing coverages and spatial data as they are developed.

3. No party shall use any GIS data that is obtained under this Agreement for any commercial, for-profit activity or product.

4. The parties to this agreement shall not pay any fees for the acquisition or use of the coverages and spatial data, other than normal transaction costs, including labor and media costs for the copying of data.

5. The parties to this agreement shall use the coverages and spatial data provided by other parties solely for their own purposes. No provision of this agreement shall limit the application of the Public Records Act (or, in the case of Federal Parties, the Freedom of Information Act) to the parties to this agreement.

6. Each party to this agreement shall accept coverages and spatial data from all other parties "as is." In addition, each party to this agreement shall hold harmless every other party. Parties shall require any third party users of these coverages to agree in writing to hold harmless all parties to this agreement.

7. The parties to this agreement represent that the coverages and spatial data are complex and time sensitive and that they may contain some nonconformities, defects, or errors. The coverages and spatial data represent the best available information. The parties to this agreement do not warrant that the coverages and spatial data will meet users' needs or expectations, or that all nonconformities, defects or errors can or will be corrected.

8. Any authorized use of information derived or generated from coverages and spatial data provided pursuant to this Agreement in any product shall acknowledge the appropriate party to this agreement as the source, and include any qualifications deemed appropriate given the specific data quality and application of the derived information.

9. This Agreement is an integrated Agreement and supercedes all prior negotiations, representations or agreements, written or oral, between the Parties concerning the sharing of GIS data.

10. Any amendments to this Agreement must be in writing, signed by all Parties involved.

11. This Agreement shall become effective upon its signature by all Parties involved and shall continue indefinitely.

12. Any Party may cancel this Agreement at any time, with or without cause upon written notification to the all Parties involved.