Resource Directory/GIS Services

Transcription

1 Resource Directory/GIS Services Distribution Policy and Fee Schedule. will provide cost-effective, high-quality services to county residents in a friendly and respectful manner 2008 Technology Services - GIS st Ave. SE Little Falls, MN Phone: Fax: chuckf@co.morrison.mn.us Geodatabase and its components listed within created Copyright, MN 2008, All rights reserved.

2 Table of Contents INTRODUCTION: SECTION I: GIS PRODUCTS MAPS a. Atlas Maps b. Custom Maps c. Existing GIS Map Products d. Beacon-LandShark Maps DATA a. Planimetric Data e. Cadastral Data f. Adjunct Data g. Boundaries Data h. Control Data i. Transportation Data j. Attribute Data k. Topographic Data l. Aerial Imagery Data ON-LINE APPLICATIONS a. Internet GIS Web Application (Beacon) b. Intranet GIS-Land Records (Beacon-LandShark) Web Application SECTION II: GIS DATA AGREEMENTS AND GIS PRODUCT SALE POLICY MAPS CONSULTING & EDUCATION SERVICES a. Inter-Department b. Other Government Agency c. Private Firm DATA DISTRIBUTION POLICIES a. Purpose b. Individuals c. Departments d. Other Government Agencies e. Other Companies f. Redistribution DATA USE AGREEMENTS SECTION III: FEE SCHEDULE: a. Mapping (Custom and Existing) b. Data c. On-Line Subscriptions PROFESSIONAL SERVICES AND GIS CONSULTING SECTION IV: AVAILABLE GIS RESOURCE DIRECTORY a. ESRI Shape Files - Data Element & Description b. Geo-Database Feature Classes: c. Raster Data: Imaging d. Miscellaneous ATTACHMENT A DATA SHARING AGREEMENT (DSA) ATTACHMENT B DATA LICENSING AGREEMENT (DLA) ATTACHMENT C ENHANCED REMOTE ACCESS AGREEMENT ATTACHMENT D ENHANCED REMOTE ACCESS AGREEMENT FOR GOVERNMENTAL AGENCIES

3 Introduction: Many local governments in Minnesota are exploring new ways to provide public access to information created in their Geographical Information Systems (GIS). keeps data in a geo-database, many ESRI shape files, and also provides data and mapping services through the Technology Services Office. The county also established and is providing, fee-based subscription services to our on-line land records viewer, Beacon-LandShark. Much of the Beacon GIS viewer is offered at no cost. The subscriptions provide enhanced database or enhanced access capabilities that are not available to the general public. Minnesota Data Practices Act (MNDPA) allows government agencies to charge for making, certifying, and compiling copies. It also allows for fees to be charged when the data has commercial value and significant public funds have been spent by the County or Agency for this purpose. That has been kept in mind when compiling this Distribution Policy and Fee Schedule. Minnesota Statute 2007, Section 13.03, Subd. 5. Access to Government Data, also allows for a copyright or patent of the government GIS data. The geo-databases created in are considered a component of programs used to view the data and shall be treated as trade secret information pursuant to Section This document outlines the data and files available in databases, including the copyrighted components of the GIS geo-database and what data is available to the public and any associated fees charged for processing, data manipulation, printing and costs to create and maintain the digital information data. It also includes necessary agreements for commercial vendors and resellers to obtain the data and the associated fees charged for it. Section I: GIS Products GIS Products include, but are not limited to, any geo-database, data, map, application and associated service in digital or paper format that are produced by utilizing GIS or its related technology. 1. Maps a. Atlas Maps Atlas Maps are predefined maps that are requested on a regular basis. The initial sets of these maps include, but are not limited to, countywide maps of corporate boundaries, highways (streets), county commissioner districts, school districts; maps of zoning districts; and district-wide maps for County Board. These maps in paper format will be plotted in one of four sizes: 8 ½ x 11, 11 x 17, 22 x 34, and 34 x 44. Other sizes are available upon request. These maps in digital format will be PDF files unless requested otherwise and can be acquired through CD, DVD, or other electronic means (e.g. , FTP download). b. Custom Maps Custom Maps are maps that require additional staff time to make according to customer s requirements. These maps may be simple printouts of layers in the GIS, or may be representations of analysis performed by GIS staff. This category also includes any requests for section maps of parcels, topography (contours), or imagery (orthophotography). The requests for custom maps will require the GIS Project Manager to provide the customer a quote. This estimate will include cost for staff time in addition to the regular map cost

4 These maps in paper format will be plotted in one of four sizes: 8 ½ x 11, 11 x 17, 22 x 34, and 34 x 44. Other sizes are available upon request. These maps in digital format will be PDF files unless requested otherwise and can be delivered on CD, DVD, or other electronic means (e.g. , FTP download). c. Existing GIS Map Products Existing GIS map products are maps created for other projects that remain in the GIS Resource Directory. Some maps and layers are PDF files, ESRI shape files and other important and historical data. Many of these files are available on a state wide level from the MN DNR Data Deli. files have been clipped and reprojected into local shapes. d. Beacon-LandShark Maps Beacon-LandShark Maps are maps available for to the public on line, and at the Government Center through public terminals. Many of those maps are available on line and can be printed from home computers and printers. Printing from government terminals may include a per copy map or setup charge. 2. Data All GIS layers that are not security or privacy sensitive will be made available. The data will be distributed in ESRI shape file or geo-database layer format. a. Planimetric Data Planimetric Data are Common GIS layers. The initial set of planimetric data available includes lakes and streams. e. Cadastral Data parcels, lots, blocks, right of way, subdivisions f. Adjunct Data section corners and corner tie locations g. Boundaries Data zoning districts, municipal boundaries, various district boundaries, and County Commissioner Districts h. Control Data GPS survey control markers, section markers, and located government corner certificates (some vertical and horizontal control) i. Transportation Data street centerlines j. Attribute Data A database table that is separate from but related to a GIS layer. Many databases may be made available with the approval of the County Board. The database will be delivered in Microsoft Access or other format. k. Topographic Data - 3 -

5 Topographic data is the contour layer. This layer will be distributed in ESRI shape file or personal geo-database. l. Aerial Imagery Data Six, twelve or one meter orthophotography. The orthophotography will be delivered in TIFF or other available formats. Oblique-photography is also available. 2 side or 4 side (limited coverage) oblique s are available. 3. On-Line Applications a. Internet GIS Web Application (Beacon) The Beacon GIS Web viewer provides the general public free and basic access to Morrison County GIS data via a web browser. This application has limited tools (pan, zoom, identify, find, measure, etc.). The GIS layers currently available via this application are street centerlines, parcels, townships, municipalities, ROW, PLSS, owners name, taxed acres, lakes, streams, wetlands, FEMA Q3 floodplain, soils, etc, and many survey documents. Except for security and privacy reasons, other layers including zoning, will be available in the future. With subscriptions, users have full access to all features of the viewer including the LandShark application. b. Intranet GIS-Land Records (Beacon-LandShark) Web Application Intranet GIS-Land Records (Beacon-LandShark) Web Application provides county departments comprehensive access to expanded GIS with links to the LandShark land records viewer via a web browser. This application has tailored tools for departmental and subscriber uses. It includes all the layers in the free GIS data server plus enhanced reports, searches, mailing labels, deeds, plats, and other scanned images from the Recorder s Office. Section II: GIS Data Agreements and GIS Product Sale Policy GIS Products, which are described in Section I of this policy, can be obtained through one of the following means. 1. Maps Maps in either digital or paper format can only be obtained by purchasing them (except for the ones made available on GIS Department web site for downloading and printing.) The map and services price schedule is included in Section III of this policy. 2. Consulting & Education Services staff can provide GIS consulting and educational services as follows. Fees charged vary by request. a. Inter-Department Strategic planning using GIS software solutions, GIS implementation services, process evaluations, and fee evaluations. b. Other Government Agency - 4 -

6 Utilities, public safety, enterprise software solutions, and appropriate map libraries. c. Private Firm Geocoded data resources, consumer data access solutions, government data resale, and subscriptions. 3. Data Distribution Policies a. Purpose The Board realizes that GIS data will benefit County staff, as well as other governmental jurisdictions, the private sector, including businesses, and residents. Before distributing these data, the Board realizes that a data distribution policy must be put in place to comply with State & Federal law and avoid potential litigation in the future. b. Individuals The Minnesota Government Data Practices Act regulates the collection, creation, storage, maintenance, dissemination, and access to government data in state agencies, statewide systems, and political subdivisions. It establishes a presumption that government data are public and are accessible by the public for both inspection and copying unless there is federal law, a state statute, or a temporary classification of data that provides that certain data are not public. c. Departments Much of the data is from the property tax, CAMA or other databases maintained by the county. The data is available and distributed as outlined below: Format Available: Digital ESRI shape files, layers, raster or other formats as requested. Also, in some situations, paper maps. Disclaimer/Data Agreement: Each department will be required to sign a data disclaimer and data agreement form to be filed with the GIS Project Manager. These forms will be updated on an annual basis. GIS Software: ARC Explorer or other GIS viewer programs will allow internal departments to view, query, and do simple analysis on GIS data. These viewers can be accessed from any standard web browser (e.g. Internet Explorer) via the Morrison County Website. Fees: None, IF the data/maps are not passed on to the public (public viewing is acceptable.) Support: The GIS Department will offer support to all staff during normal business hours. d. Other Government Agencies Format Available: Digital (ESRI Shapefiles,.dbf or raster) via or CD, and paper maps, at the discretion of the GIS Project Manager. Metadata: Metadata will be required to accompany all digital files. Paper maps will contain a brief citation of data s source. Disclaimer/Data Agreement: Each agency will be required to sign a data disclaimer and data agreement form to be filed with the GIS Project Manager. These forms will be updated each time a new dataset is requested, but no more than once every two years

7 GIS Software: Agency is required to provide its own software or download ESRI s Arc Explorer via the internet. does not provide support for agency software. Fees: is allowed by state statute to charge for certain data. Fees may be imposed if the using Agency is in a partnership with. In some cases there are no fees associated with acquiring miscellaneous data provided the agency complies with the Data Sharing Agreement (DSA). Support: Limited e. Other Companies These users acknowledge their intention to re-distribute the data, with or without modification, to other users. This data provided by is current as of the day sent. No updates will be provided unless requested in writing, and additional fees may apply. shall in no way be held liable for any damages as a result of redistribution of the data as indicated in the data agreements. f. Redistribution Applies to public and private sector redistribution of data Redistribution will be allowed provided that the requesting agency adheres to the following guidelines: o o o o o Agency must sign Data Use and Acceptance Licensing Agreement (DLA) (For Redistribution) will not be liable for any errors or omissions. Fees (if any) will be as shown in existing fee schedule. Public Sector agency fees may be waived in emergency situations. Private agencies will receive a snapshot of the data as it is on the date it is requested. No updates will be provided for redistribution without additional fees. These additional fees will be based on the current fee schedule. These additional fees will apply to each update. Individuals may not re-distribute any data. Internal departments may not re-distribute any collected or maintained GIS data. Requests for GIS data should be directed to the GIS Project Manager 4. Data Use Agreements GIS data can be obtained through one of the following means: Data Sharing Agreement: A Data Sharing Agreement (DSA) promotes a cooperative exchange of GIS data between the county and other agencies. DSA is restricted to municipalities and fire districts within and any other government agencies that have regularly updated data deemed useful by the county board for exchange. If the agency that qualifies for DSA has a jurisdiction boundary within, it will only be provided data for its jurisdiction boundary and a planning radius of the surrounding areas. The agency and the county are entitled to the updates of the exchanged GIS layers as outlined in the - 6 -

8 agreement. If the agency fails or is not able to provide meaningful data exchange, it will be moved to DLA. (See attachment A) Data Licensing Agreement: A Data Licensing Agreement (DLA) is restricted to any government, quasi-government, non-profit agencies, and public education or research institutions that do not qualify for a DSA. Agencies under DLA include, but are not limited to, townships and school districts. If the agency that qualifies for DLA has a jurisdiction boundary within, it will only be provided data for its jurisdiction boundary and a planning radius of the surrounding areas if located in. The agency is entitled to updates of those GIS layers as outlined in each agreement. If an agency has data for exchange over time, it may be moved to DSA. (See Attachment B) Data Purchase: Any individual or company that does not qualify for DSA or DLA, must purchase the data. The prices will be set to a reasonable level to help offset the cost associated with producing and updating the data. A yearly fee structure will be implemented for DSA & DLA and the fee schedule is included in Section III of this policy. The price schedule for data purchase is also included in Section III of this policy. Section III: Fee Schedule: a. Mapping (Custom and Existing) b. Data c. On-Line Subscriptions d. Consulting a. Mapping (Custom and Existing) Product (Paper) Fee Small 18x24 24 x x 48 Larger Atlas Maps $2.50 $10.00 $18.00 $25.00 $35.00 Property Maps $3.50 $12.00 $20.00 $30.00 $40.00 Custom Maps $7.50 $15.00 $25.00 $40.00 $40.00 ¼ Section Section Township City All County Orthophoto Maps (Ortho only) $25.00 $75.00 $ $ $ Small 18x24 24 x x 48 6 or 12 Oblique Property Image $10.00 $15.00 $25.00 $35.00 Road Centerline Map $10.00 $15.00 $30.00 $45.00 DWG Contours $15.00 $25.00 $40.00 $50.00 USGS Digitized 10 ft. Township Base Map N/A $18.00 $25.00 $35.00 Larger Available Other GIS Mapping Products $10.00 $18.00 $25.00 $

9 b. Data Product (Digital) Fee Comments Entire Tax Parcel Layer $14, Up to 30,000 parcels Individual Tax Parcels $1.00 per parcel Minimum charge of $15.00 Road Centerlines $ or $5.50 per segment Segmented Road Elements $5.50 $ per complete element Parcel Attribute Data $0.50 per parcel Entire tax parcel layer $14,000 Buffered Results $0.25 per feature List $0.10 per result Mailing Labels (Beacon) By subscription (limit 1,000) Owners property address only Other Geodatabase Components $ Re-projecting $75.00 Additional Data** c. On-Line Subscriptions Product Fee Comments Tier 1 $50.00 mo. See attachment C Tier 2 $25.00 mo. See attachment C Tier 3 $12.50 mo. See attachment C Government Agency $50.00 setup $10.00 each user (Once) See attachment D Public Terminal Limited free access 1 Time Credit Card Use $5.00 Not available at this time Professional Services and GIS Consulting Product Fee Comments Hourly Rate (Mapping) $50.00 hr 1 hr min. Data Analysis $75.00 hr 1 hr min. GIS Programming $85.00 hr ½ hr min. Environmental Analysis $50.00 hr 1 hr min. **Additional Services and Data are available. Call for more information.** - 8 -

10 Section IV: Available GIS Resource Directory a. ESRI Shape Files b. Geodatabase Files (Layers or Shapes) c. Imaging d. Miscellaneous a. ESRI Shape Files - Data Element & Description Administrative Boundaries Basins (polygons) Upper Mississippi River Basin Boundary (UMRB) Crane Meadows National Wildlife Refuge Boundary (polygons) Federal Land Ownership (polygons) - Crane Meadows National Wildlife Refuge DNR Land ownership (polygons) County Boundaries (polygons) in the UMRB Elk River Heritage Preserve (ERHP) (polygons) Boundary (polygons) Floodplains (polygons) Floodplains with subwatershed management unit information included (polygons) Public Land Survey System (PLSS) Townships (polygons) Significant Landmarks (points) Major Watershed Boundaries (polygon) Minor Watershed Boundaries (polygons) Municipal Boundaries (polygons) County Park Boundary (polygons) PLSS 40 acre (lines) PLSS 40 acre polygons State Park Boundaries (polygons) Minor watershed boundaries with attribution for Subwatershed Management Units (SWMU) (polygons) Subwatershed Management Unit Boundaries (SWMU) (polygons) SWMU boundaries with township attribution (polygons) Township Boundaries based on Township names (polygons) Area of Coverage UMRB Crane Meadows - NWR Crane Meadows - NWR UMRB EHRP - 9 -

11 Topography (raster) Hillshade of elevation (raster) Elevation contours (lines) Bedrock Geology (polygons) Bedrock Geology (polygons) Elevation Geology and Landforms Bedrock Hydrogeology S2 (polygons) Quaternary Hydrogeology S3 (polygons) Landforms (polygons) Quaternary Geology S1 (polygons) Quaternary Geology S1 (polygons) Hydrology Water features in (lines) Canoe routes (polygons) Mississippi River (polygons) Ditches (polygons) Lakes (polygons) Lakes (lines) Lake Shoreland management areas (polygons) Protected Rivers and Streams (lines) River and Stream Shoreland management areas (polygons) Rivers Streams and Ditches (lines) Shoreland management areas sound Protected Rivers and Streams (polygons) Shoreland Management areas around all protected waters (Lakes, Rivers, Streams, Ditches) (polygons) Public Water Access (points) Water Control Structures (points) Land Related Information Conservation Reserve Program tracts (polygons) Irrigated Tracts (polygons) Manure pit locations (points) Ecological classifications (polygons) Area of Coverage Area of Coverage Statewide Statewide Area of Coverage Area of Coverage

12 Feedlot locations (point) Land Type Associations (polygons) Landfill locations (points) Scientific and Natural Areas (polygons) Wildlife Management Areas (polygons) 1989 Land Use and Cover (polygons) -except Camp Ripley 1989 Land Use and Cover (polygons) 1989 Land Use and Cover (polygons) with Subwatershed Management Units Presettlement Vegetation (polygons) with Subwatershed Management Units Pre-settlement Vegetation (polygons) Military Area of Coverage Camp Ripley Boundary (polygons) Camp Ripley Land Use and Cover (polygons) Camp Ripley Roads (line) Camp Ripley Duesma (lines) Monitoring and Environmental Information Lake with water quality testing or survey (points) Minnesota Department of Agriculture Observation Wells (points) Flow Monitoring Sites (points) MPCA Monitored River (lines) MPCA Surface Water Monitoring Sites (points) Precipitation Gauging Stations (points) River Watch Sites (points) Impaired Waters 1998 (lines) Voluntary Investigation and Cleanup Sites (points) Groundwater Susceptibility (polygons) Groundwater Susceptibility (polygons) SARA Title III sites & underground storage tanks Underground Storage Tanks (points) Above Ground Storage Tanks (points) Boat Landings (points) Water Containment or Diversion Structures (points) Camp Ripley Camp Ripley Camp Ripley Camp Ripley Area of Coverage UMRB Area of Coverage UMRB along Mississippi River UMRB along Mississippi River UMRB along Mississippi River

13 Mississippi River Crossings (points) Economically Important Sites (points) Ecologically Important Sites (points) Fertilizer Licensees (points) Mississippi River DNR Water Appropriation Sites (points) Agricultural Pesticide Applicators (points) Agricultural Pesticide Dealers (points) Pipeline Crossings (points) Mississippi River Significant Landmark Sites (points) SARAH Title III Hazardous Waste Generators Underground Storage Tanks Soil Information Erosion Potential (polygons) Erosion Potential with Subwatershed Management Unit boundaries (polygons) General Soils (polygons) General Soils with Subwatershed Management Unit boundaries (polygons) Soil Sensitivity to GW Contamination (polygons) Soil Sensitivity to GW Contamination with Subwatershed Management Unit boundaries (polygons) Utilities Waste Water Treatment Facilities Well Information Community Public Water Supply Well Locations for CDC-MDH 1994 Study with Nitrate Concentrations (points) Depth to well water Community Public Water Supply Located Wells with Average Nitrate Concentrations (points) from MGS, MDH, MPCA Study Located CWI Wells (points) (1000) Water Level Observation Wells (points) Two-mile Buffer Around Community Wells (polygons) Non-community Public Water Locations (points) CWI Wells containing an Aquifer Code (points) Wellhead Protection Areas (polygons) UMRB along Mississippi River UMRB along Mississippi River UMRB along Mississipp River UMRB along Mississippi River UMRB along Mississippi River UMRB along Mississippi River UMRB along Mississippi River UMRB along Mississippi River UMRB along Mississippi River UMRB along Mississippi River UMRB along Mississippi River Area of Coverage Area of Coverage Area of Coverage Statewide Statewide

14 Water Appropriation (points) NWI Wetlands (polygons) NWI Wetlands (polygons) Wet Soil Types (polygons) Wetlands NWI Wetlands with Quad boundaries(polygons) NWI Wetlands Generalized by Circular 39 Code(polygons) NWI Wetlands with Subwatershed Management Units (polygons) NWI Wetlands (polygons) NWI Wetlands (polygons) NWI Wetlands (polygons) NWI Wetlands (polygons) NWI Wetlands in Shore land Management Zones (polygons) NWI Wetlands (polygons) NWI Wetlands (polygons) E911 GPS E911 Driveway Points (current, private information will not be included) Emergency Service Zones (ESN Zones) Fire Dept Coverage (polygons) Law Enforcement Coverage Areas(polygons) Emergency Response- Medical (polygons) Area of Coverage Crow Wing River Watershed in Long Prairie River Watershed in Mississippi River Brainerd Watershed in Mississippi River Sartell Watershed in Mississippi River St. Cloud Watershed in Rum River Watershed in Morrison County Sauk River Watershed in Morrison County Sauk River Watershed in Morrison County Area of Coverage b. Geo-Database Feature Classes: Area of Coverage School Districts Tax Parcel Polygons GPS Township Corners Subdivisions Corporate Limits Corner Ties Qrtr_Qrtr Sections Qrtr_Sections (Custom Coords) (Custom Coords) (Custom Coords) (Custom Coords) (Custom Coords) (Custom Coords) (Custom Coords) (Custom Coords)

15 USPLS Sections Survey Townships Political Townships Right of Ways Section Corners Blocks Lots Road Centerlines Streams Lakes Vector Data: Federal Emergency Management Agency Q3 Flood Plains (Custom Coords) (Custom Coords) (Custom Coords) (Custom Coords) (Custom Coords) (Custom Coords) (Custom Coords) (Custom Coords) (Custom Coords) (Custom Coords) Area of Coverage c. Raster Data: Imaging Area of Coverage Digital Raster Graphics from USGS quadrangle maps ( ) 1992 USGS Digital Ortho Quad B/W Imagery (1 meter resolution) 2003 Color Farm Services Agency Ortho Imagery (1 meter resolution) 2005 Color Farm Services Agency Ortho Imagery (2 meter resolution) 2008 Pictometry Ortho and Oblique Imagery (6 and 12 resolution) (Summer 08) d. Miscellaneous Area of Coverage Digitized 10/20 foot contours (from USGS Quadrangle Maps) Attachment A: Data Sharing Agreement (DSA) Attachment B: Data Licensing Agreement (DLA) Attachment C: Beacon-LandShark Subscription Agreement Attachment D: Beacon-LandShark Government Agency Subscription Agreement

16 Technology Services CHUCK FORSS GIS/Project Manager 213 First Avenue S.E. Little Falls, Minnesota Telephone Fax AGREEMENT TO CONDITIONS FOR THE RELEASE OF MORRISON COUNTY DIGITAL CARTOGRAPHIC DATA SHARING AGREEMENT (DSA) The GIS Department and, hereafter referred to as the Client, hereby agree that the GIS Department release of data from the Countywide Geodatabase should be in accordance with and subject to the following conditions, restrictions and provisions: 1. The Client and its agents, officers, employees, or any party on its behalf, shall not copy or reproduce in any way the furnished digital data provided by the GIS Department for use by any other party other than the Client and its officers and employees. 2. The Client will safeguard the digital data and protect it from unauthorized use or reproduction and assume full responsibility to in the event that the digital data is used for purpose other than that for which it is released. 3. The Client shall not sell copies of the maps produced in any form from the digital data. 4. The Client releases and holds harmless from all liability resulting from any inaccuracies in the digital data provided. 5. The Client releases, holds harmless, and indemnifies from all liability resulting from any modifications, enhancements, or deletions to the digital data made by the client and its agents, officers, and employees. The Client agrees to these conditions of acceptance of 's digital data. The Client will notify any receivers of the digital data that the County is excused from liability for any inaccuracies in the data provided. The undersigned Client, does hereby acknowledge receipt of the following Digital Data Set (including Data) Chuck Forss GIS\Project Manager (Date) Client Information (Authorized Agent) (Date) (Title) (Firm Name) Attachment A Data Sharing Agreement (DSA)

17 DATA USE AND ACCEPTANCE LICENSING AGREEMENT (DLA) (FOR RE-DISTRIBUTION) Technology Services CHUCK FORSS GIS/Project Manager 213 First Avenue S.E. Little Falls, Minnesota Telephone Fax DISCLAIMER: While every reasonable effort has been made to produce high-quality map data, provides this information with the understanding it is not guaranteed to be accurate, correct, or complete, and conclusions drawn from such information are the responsibility of the user. assumes no responsibility for actual or consequential damage incurred as a result of any user s reliance on this data or information herein, even if is advised of the possibility of such damage. These drawings are not a survey and are not legally recorded, and are not intended to be used as such. Users are requested to notify GIS of any errors or discrepancies found in using the data. is providing the data as is, without any guarantee of technical support. DATA AGREEMENT: By acceptance of this agreement, user acknowledges the intention to re-distribute this data, with or without modification, to other users. This data provided by to, is current as of. No updates will be provided unless requested in writing, and additional fees may apply. shall in no way be held liable for any damages as a result of re-distribution of this data. DESCRIPTION OF DATA: I have read and understand the preceding information. I accept this agreement and the data, copyright, and disclaimer information contained herein. Chuck Forss GIS\Project Manager (Date) Client Information (Authorized Agent) (Date) (Title) (Firm Name) Attachment B Data Licensing Agreement (DLA)

18 MORRISON COUNTY ENHANCED REMOTE ACCESS AGREEMENT This Agreement is entered into by and between the County of Morrison, st Ave SE, Little Falls, MN 56345, a body Corporate and politic existing under the laws of the State of Minnesota, hereinafter referred to as County, and (insert full name, physical address and mailing address) hereinafter referred to as the "Subscriber". WITNESSETH: WHEREAS, the County has created databases and electronic data compilations relating to certain real and personal property records maintained by the County as a political subdivision of the State of Minnesota; and WHEREAS, the County may charge a reasonable fee for providing enhanced access to data otherwise accessible; and WHEREAS, the County has further developed software and systems to provide the information from these separate systems in a combined and enhanced interface which provides a substantial benefit to the Subscriber; and WHEREAS, the Subscriber wishes to purchase "enhanced remote access" to the above-mentioned databases and electronic data compilations made available to the Subscriber pursuant to the terms and conditions set forth in this Agreement below. NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties set forth herein, it is hereby agreed that: Attachment C Enhanced Remote Access Agreement

19 I. COUNTY DATABASE ENHANCED REMOTE ACCESS A. License The County grants the Subscriber a nonexclusive, nontransferable, limited license to access certain real and personal property databases and enhanced electronic data compilations through enhanced remote access during the term of this Agreement. B. Limitation of License Neither the databases, electronic data compilations, nor any portion of either thereof, accessed through means of the enhanced remote access, may be used outside the scope of the Fair Use Provision of the United States Copyright Act, 17 U.S.C. 107 and the Minnesota Data Practices Act, Minn. Stat. Ch. 13, unless authorized by the County's prior written permission. C. Rights and Data Except for the license granted herein, all rights, title, and interest to all processes, formats, languages and media throughout the world, which record, demonstrate, and/or facilitate the creation and utility of the County's databases and electronic data compilations, including all copyrights available thereto, are and shall continue to be the exclusive property of the County. D. County Charges Charges payable by the Subscriber for the enhanced remote access to the County's databases and electronic data compilations described in this Agreement are set forth in the County Fee Schedule and referenced in Schedule A. The County's charges for this non-entitlement service may be modified upon thirty (30) days notice to the Subscriber in writing or posted on-line

20 E. Disclaimer of Warranties and Limitation of Liability The County's goods and services provided pursuant to this Agreement are provided "as is", without warranty of any kind, express or implied, including, but not limited to, the warranties of performance, merchantability and fitness for a particular purpose. The Subscriber's exclusive remedy and the County's entire liability hereunder, if any, for any claim(s) for damages relating to the County's databases and/or electronic data compilations, which are made against them, individually, or jointly, whether based in contract or negligence, shall be limited to the amount of the remote access charges paid by the Subscriber relative to the period of occurrence of the events which are the basis of the claim(s); provided, however, that the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to (1) the Subscriber's inability or failure to perform legal, professional, or other research or related work or to perform such work (properly or completely, even if assisted by the County); or (2) any lost profits or other consequential, exemplary, incidental, indirect, or special damages relating in whole, or in part, to the Subscriber's rights hereunder or use of, or inability to use, the County's databases and/or electronic data compilations, even if the County has been advised of the possibility of such damages. Further, the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to any databases and/or electronic data compilation. F. Confidentiality and Security The Subscriber agrees not to disclose any information relating to the Subscriber's access code, password, or any other information relating to the County's computer security system. Any violation of this section by the Subscriber shall constitute a material breach of this Agreement

21 G. Access The Subscriber will allow only employees of the Subscriber to access the enhanced remote access. Furthermore, the Subscriber shall be solely responsible for ensuring that Subscriber s employees are not security risks, and upon the County s request, the Subscriber will provide any information reasonably necessary for the County to evaluate network security issues relating to access to the County network services. The County shall maintain the right to deny, postpone, or cancel the enhanced remote access at any time and without prior notice. Such termination of access will not constitute a material breach of this Agreement if the customer's enhanced remote access is reinstated within a reasonable period of time. II. Software and Equipment for Internet Access Subscriber's Equipment The Subscriber's enhanced remote access to the County's databases and electronic data compilations shall be facilitated via the Internet. The Subscriber is responsible for providing and maintaining all hardware, software, modem, telephone access, and all other equipment required to access the County's databases and data compilations through the enhanced remote access

22 III. GENERAL PROVISIONS A. Billing and Payment The Subscriber shall maintain an escrow account for payment of all charges regarding the County's remote access for databases and electronic data compilations. The Subscriber's escrow account shall be reduced by the amount of all charges. If such payment is unavailable in the Subscriber's escrow account, the Subscriber's remote access to the County databases may be discontinued. B. Taxes Charges are exclusive of sales, use and other taxes, which are the responsibility of the Subscriber. C. Responsibility of Subscriber The Subscriber shall be responsible for all remote access to and use of the County's databases and data compilations by the Subscriber's personnel or by means of the Subscriber's equipment or passwords, whether or not the Subscriber has knowledge of or authorized such remote access and use. D. Limitation of Claims Except for claims relating to charges of improper use of the County's databases and/or data compilations, no claim, regardless of form, which in any way arises out of this Agreement or the use of, or inability to use the County's databases and/or electronic data compilations, may be made nor action based upon such claim brought, to any party hereto more than one year after the basis for the claim becomes known to the party desiring to assert it. E. Termination This Agreement shall continue in force until terminated by prior written notice of termination to the other party. Notwithstanding the foregoing, this Agreement may be terminated at any time by the County, with or without cause. The Subscriber may terminate this Agreement, with or without cause, upon thirty (30) days written notice to the County

23 F. Integrated Agreement This Agreement contains all of the terms and conditions agreed on by the parties hereto. No other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. G. Representations No representations not set forth herein have induced the making of this contract. The undersigned have read and understand the entire contract and now state, and in consideration of this Agreement agree, that no representation, promise, or agreement not expressed in this Agreement has been made to induce the undersigned to enter into it. H. Amendments All material alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly executed by authorized representatives of the parties. Any alterations, modifications, or variations deemed not to be material by agreement of the parties shall not require written approval. I. Force Majeure The County's performance hereunder is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies, and the like. J. Governing Law and Venue This Agreement shall be governed and construed under the laws of the State of Minnesota and any legal actions taken pursuant to the terms and conditions of this Agreement shall be venued in state district court located in Little Falls, Minnesota

24 K. Assignment Neither this Agreement nor any part or portion hereof, shall be assigned, sublicensed, or otherwise transferred by the Subscriber without the County's prior written consent. L. Savings Clause Should any provision of this Agreement be held to be void, invalid, unenforceable, or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. M. Nonwaiver Failure of any party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. N. Incorporation Schedule A is incorporated verbatim as a part of this Agreement. O. Notices All notices hereunder shall be delivered in person, by , by fax or by United States mail to the following: SUBSCRIBER (insert name, title, and mailing address)

25 Chairman Board of Commissioners Government Center st Ave SE Little Falls, MN IN WITNESS WHEREOF, the authorized representatives of the parties hereto have executed this Agreement effective this day of, SUBSCRIBER MORRISON COUNTY BY: Name Title: BY: Name Title: BY: Bunny Johnston, Recorder Date:

26 MORRISON COUNTY LAND RECORDS MODERNIZATION SYSTEM SUBSCRIPTION FEE SCHEDULE SCHEDULE A 1. The County at its sole option, may interrupt the enhanced remote access to its databases and electronic data compilations at any time, without prior notice, and for any reason. 2. The Subscriber is granted remote access to certain County databases and electronic data compilations through enhanced access enabling software. Remote access will be available at all times possible. Interruption for reasons including maintenance, backups, downed systems, etc. may occur without notice and for any reason. 3. The Subscriber hereby agrees to pay the County non-refundable charges, as set forth in the County Land Records Modernization Fee schedule, as follows: i. All payments will be made by check but managed internally by an escrow payment system. ii. The initial setup payment fee is $50.00 plus $10.00 per user. iii. Images printed from the LandShark system will be charged against the escrow balance at 25 cents per document page. iv. Tier I user fee is: $50.00 per month and includes primary user account access and self managed additional logins for the Subscribers staff. Tier I users include: Appraisers, Attorneys, Surveyors, Title Companies, Abstractors, Closing Companies, Banks/Credit Unions/Financial Services, Realtors and Loan/Mortgage Companies v. Tier II user fee is: $25.00 per month and includes primary user account access and self managed additional logins for the Subscribers staff. Tier II users include: Building Contractors, Construction Companies,

27 Insurance Agents, Investment Companies, Land Management Agents, Logging Companies, Map Maker Firms, Newspaper Reporters, Plat Book Publishers, Utility Companies, and Well Drilling Companies vi. Tier III user fee is: $ per month and includes primary user account access and self managed additional logins for the Subscribers staff. Tier III users include: Condo Organizations/Timeshares, Bonding Agents, Building/Electrical Inspectors, Credit Bureaus, Escrow Agents, Home Interior Retailers, Landlords, Marketing People, Resorts, Tax Preparers, and Data Retrieval Companies

28 MORRISON COUNTY ESCROW REQUEST/AUTHORIZATION FORM Company Name: Address: City: State: Zip: Contact Person: address of contact person: Phone Number: Escrow Funds may be used for: Enhanced remote access to land records and parcel viewer, including initial set-up fee, monthly subscription fee, and escrow amount for document images. Recording Fee (including fees for recording, well disclosure fees, and certified copies requested when a document is recorded) Enhance remote access to Copies made in the office by the customer and documents faxed. Copies made in the office by the customer and documents faxed. On behalf of the above named company, I authorize the Recorder/Registrar to reduce my escrow balance for the above service charges. Authorized Signer: Print Name: Title: Date:

29 LANDSHARK SUBSCRIPTION User ID First Name Last Name Company Address City State Phone ZIP Fax Choose Type of User TIER I TIER II TIER III $50.00 $25.00 $12.50 (Explanation of the Tiers and per image fees are on the LandShark home page under the ABOUT button.) Subscriber and per image fees are to be paid on a quarterly basis. There is a one-time set up fee of $50.00 and $10.00 per user. Return the completed Remote Access Agreement, The Subscription Form, along with a check for amount you wish to escrow for three months to include image copy fees. You will receive a copy of the signed Remote Access Agreement along with your USER ID and PASSWORD. If you have any questions, please direct them to Bunny Johnston at or bunny@co.morrison.mn.us or Chuck Forss at or chuckf@co.morrison.mn.us

30 Mail the completed form and check to the: Recorder s Office ATTN: Bunny Johnston Government Center 213 SE 1 st Ave Little Falls, MN MORRISON COUNTY ENHANCED REMOTE ACCESS AGREEMENT FOR GOVERNMENTAL AGENCIES This Agreement is entered into by and between the County of Morrison, st Ave SE, Little Falls, MN 56345, a body Corporate and politic existing under the laws of the State of Minnesota, hereinafter referred to as County, and (insert full name, physical address and mailing address) hereinafter referred to as the "Subscriber". WITNESSETH: WHEREAS, the County has created databases and electronic data compilations relating to certain real and personal property records maintained by the County as a political subdivision of the State of Minnesota; and WHEREAS, the County may charge a reasonable fee for providing enhanced access to data otherwise accessible; and WHEREAS, the County has further developed software and systems to provide the information from these separate systems in a combined and enhanced interface which provides a substantial benefit to the Subscriber; and WHEREAS, the Subscriber wishes to use "enhanced remote access" to the above-mentioned databases and electronic data compilations made available to the Subscriber pursuant to the terms and conditions set forth in this Agreement below

31 NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties set forth herein, it is hereby agreed that: Attachment D Enhanced Remote Access Agreement For Governmental Agencies

32 I. COUNTY DATABASE ENHANCED REMOTE ACCESS A. License The County grants the Subscriber a nonexclusive, nontransferable, limited license to access certain real and personal property databases and enhanced electronic data compilations through enhanced remote access during the term of this Agreement. B. Limitation of License Neither the databases, electronic data compilations, nor any portion of either thereof, accessed through means of the enhanced remote access, may be used outside the scope of the Fair Use Provision of the United States Copyright Act, 17 U.S.C. 107 and the Minnesota Data Practices Act, Minn. Stat. Ch. 13, unless authorized by the County's prior written permission. C. Rights and Data Except for the license granted herein, all rights, title, and interest to all processes, formats, languages and media throughout the world, which record, demonstrate, and/or facilitate the creation and utility of the County's databases and electronic data compilations, including all copyrights available thereto, are and shall continue to be the exclusive property of the County. D. County Charges Charges payable by the Subscriber for the enhanced remote access to the County's databases and electronic data compilations described in this Agreement are set forth in the County Fee Schedule and referenced in Schedule A. The County's charges for this non-entitlement service may be modified upon thirty (30) days notice to the Subscriber in writing or posted on-line

33 E. Disclaimer of Warranties and Limitation of Liability The County's goods and services provided pursuant to this Agreement are provided "as is", without warranty of any kind, express or implied, including, but not limited to, the warranties of performance, merchantability and fitness for a particular purpose. The Subscriber's exclusive remedy and the County's entire liability hereunder, if any, for any claim(s) for damages relating to the County's databases and/or electronic data compilations, which are made against them, individually, or jointly, whether based in contract or negligence, shall be limited to the amount of the remote access charges paid by the Subscriber relative to the period of occurrence of the events which are the basis of the claim(s); provided, however, that the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to (1) the Subscriber's inability or failure to perform legal, professional, or other research or related work or to perform such work (properly or completely, even if assisted by the County); or (2) any lost profits or other consequential, exemplary, incidental, indirect, or special damages relating in whole, or in part, to the Subscriber's rights hereunder or use of, or inability to use, the County's databases and/or electronic data compilations, even if the County has been advised of the possibility of such damages. Further, the County shall have no liability whatsoever to the Subscriber for any claim(s) relating in any way to any databases and/or electronic data compilation. F. Confidentiality and Security The Subscriber agrees not to disclose any information relating to the Subscriber's access code, password, or any other information relating to the County's computer security system. Any violation of this section by the Subscriber shall constitute a material breach of this Agreement

34 G. Access The Subscriber will allow only employees of the Subscriber to access the enhanced remote access. Furthermore, the Subscriber shall be solely responsible for ensuring that Subscriber s employees are not security risks, and upon the County s request, the Subscriber will provide any information reasonably necessary for the County to evaluate network security issues relating to access to the County network services. The County shall maintain the right to deny, postpone, or cancel the enhanced remote access at any time and without prior notice. Such termination of access will not constitute a material breach of this Agreement if the customer's enhanced remote access is reinstated within a reasonable period of time. II. SOFTWARE AND EQUIPMENT FOR INTERNET ACCESS Subscriber's Equipment The Subscriber's enhanced remote access to the County's databases and electronic data compilations shall be facilitated via the Internet. The Subscriber is responsible for providing and maintaining all hardware, software, modem, telephone access, and all other equipment required to access the County's databases and data compilations through the enhanced remote access. A. Billing and Payment III. GENERAL PROVISIONS The Governmental Subscriber shall pay by check for all setup charges regarding the County's remote access for databases and electronic data compilations. If such payment is unavailable the Subscriber's remote access to the County databases may be discontinued. B. Responsibility of Subscriber The Subscriber shall be responsible for all remote access to and use of the County's databases and data compilations by the Subscriber's personnel or by means of the Subscriber's equipment or passwords, whether or not the Subscriber has knowledge of or authorized such remote access and use