2004-088 Authorize the Execution of a Memo of Understanding of The Simcoe County Land Information Network Cooperative (LINC) to facilitate the Sharing of Spatial Data between Public and Private Sector
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2004-088
Being a By-law to Authorize the Execution of a Memo of Understanding of
The Simcoe County Land Information Network Cooperative (LlNC) to
Facilitate the Sharing of Spatial Data Between Public and Private
Sector Agencies within Simcoe County.
WHEREAS Section 20(1) of the Municipal Act, S.O. 2001, c.25, as amended authorizes
a municipality to enter into an agreement with one or more municipalities or local
bodies, or a combination of both to jointly provide, for their joint benefit, any matter
which all of them have the power to provide within their own boundaires;
AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte
deems it expedient to enter into the Simcoe County Land Information Network
Cooperative (LlNC) Memorandum of Understanding to facilitate the sharing of spatial
data between public and private sector agencies within Simcoe County;
NOW THEREFORE, the Council of The Corporation of the Township of Oro-Medonte
enacts as follows:
1.
That the Mayor and Clerk are hereby authorized to execute the Simcoe County
Land Information Network Cooperative (LlNC) Memorandum of Understanding to
facilitate the sharing of spatial data between public and private sector agencies
within Simcoe County.
2.
That Schedule 1, attached hereto, being the Memorandum of Understanding, as
to form and content, forms part of this By-law.
3.
That this By-Law shall come into force and take effect on the final passing
thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 11th DAY OF AUGUST, 2004.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 11th DAY OF AUGUST,
2004.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
.
MEMORANDUM OF UNDERSTANDING RECEIVED
It FOR THE SHARING OF
LAND INFORMATION IN THE COUNTY OF SIMCOE APR 1 4 2005
ORO-MEDONTE
This Memorandum of Understanding dated the 18TH day of July, 2003. TOWNSHIP
Between:
The Corporation of the County of Simcoe
AND
The Corooration of the To'\-'nshio of Adiala- Tosorontio
AND
The Corooration of the Town of Bradford West Gwillimburv
AND
The Corporation of the Township of Clearview
AND
The Corooration of the Town of Collin2wood
AND
The Corooration of the Township of Essa
AND
The Corporation of the Town of IODisfil
AND
The Corporation of the 1'0\':0 of Midland
AND
The Corporation of the Town of New Tecumscth
AND
The Corooration of the Township of Oro-Medonte
AND
The Corooration of the Town of Penetan!luishene
AND
It The Corporation of the Township of Ramara
AND
The Corporation of the Township of Severn
AND
The Corooration of the Townshio of Sorin2water
AND
The Corporation of the Township of Tav
AND
The Corporation of the Township of Tinv
AND
The Corporation of the Town of Wasa!!a Beach
AND
Her Maiestv the Queen Ministry of Health
AND
Her Maiestv the Queen Ministrv of Natural Resources
AND
Environment Canada - Parks Canada A2encv (Geor2ian Bav Islands National Park)
AND
The Simcoe County District Health Unit
AND
Community Care Access Centre Simcoe County
AND
Bell Canada
AND
Hvdro One
AND
Nottawasa!!a Vallev Conservation Authoritv
AND
Lake Simcoe Re!!ion Conservation Authoritv
AND
Simcoe County District School Board
It AND
Simcoe Muskoka Catholic District School Board
hereinafter called "the Parties"
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LINC Memorandum of Understanding ~ ..,
July 18,2003 \1
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This agreement also facilitates additional membership from the following government
agencIes:
The Corporation of the City ofBame, and
The Corporation of the City of OriIlia.
These terms and conditions for the undertaking of an agreement for the sharing of Land
Information in the County of Simcoe are as follows:
1. All the parties understand that they will share information and data bases relating
to the geography of the County of Simcoe.
2, All the parties understand that they will maintain and update selected "themes" as
mutually agreed to by all ofthe parties.
3. All the parties understand that they will utilize a common copyright for the core
data. In addition the Members acknowledge and agree that the data provided by
Bell Canada from time to time hereunder, and all rights, title and interest in and to
such data shall be and remain the exclusive property of Bell Canada.
It 4. All the parties understand that they will contribute an annual fee to the
Corporation of the County of Simcoe for the management of the core data, The
fee to be paid will be based on a formula mutually agreed to by all of the parties,
(This requirement does not apply to the municipalities as they contribute through
the municipal levy process).
5. All parties understand that any revenues generated by any of the parties from the
sale of digital assessment data shall be payable to the Corporation of the County
of Simcoe and will be distributed among the municipalities in grant form on
December 31 of each year. The grant formula will based on the number of parcels
per municipality.
6, All the parties understand that any revenues generated by any of the parties from
thc sale of digital OBM value added core data shall be payable to the Corporation
of the County of Simcoe for the purpose of offsetting the management costs of the
program.
7. All the parties understand that the "Rationale to the Memorandum of
Understanding for the Sharing of Land Information in the County of Simcoe",
attached hereto as Schedule 1, shall constitute the terms of the program.
8, All the parties understand that there are no assurances of accuracy or
It completeness in the data provided by the Members. The data is acknowledged to
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July 18, 2003 LINC Memorandum of Understanding ! i
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It be provided on an "as is" basis. It is the recipient Member's sole and exclusive
responsibility to verify completeness and accuracy of data. The Members
acknowledge and agree that there is no representation, warranty, condition or
promise (express or implied, statutory or otherwise) given by any Member as to
the completeness, accuracy, reliability, merchantability, fitness for any intended
use or purpose, or veracity of any of its data. The recipients Members bears the
entire risk of liability, loss, damages, costs, and expenses which may be suffered,
sustained or incurred by it as a result of its use of another Member's data. No
Member shall be liable to any Member for indirect, incidental, special,
consequential, punitive or exemplary damages arising from or related to this
Memorandum of Understanding, whether claimed for breach of contract, tort
(including negligence), warranty, or any other legal or equitable grounds, even if a
Member was advised of the possibility of such damages,
9. All the parties understand that this program is to be for the term of three years.
10. All the parties understand that at the termination of this program, that the core
data bases, relative to the program, will be distributed equally among all the
parties.
. We, the undersigned, confirm that we are committed to participating in the sharing of
land related information coordinated by the Corporation of the County of Simcoe as per
the conditions set forth above,
The Corp ation of the County of Sim
Clerk --6J.tf~
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The Corporation ofthe Township of Adjala-Tosorontio
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Mayor
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Clerk
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July 18, 2003 LINC Memoraudum of Understanding t~)
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The Corporation ofthe Town of Bradford West Gwillimbury
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Mayor ' )>
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The Corporation of the To nship of Clearview
.
Mayor
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Clerk
The Corpor i n of the Town of Collingwood
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The Co~poration of the Township of Essa
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Ma~r i
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Clerk
The Corporation of the Town of Innisfil
Mayor
Clerk
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July 18, 2003 LINC Memorandum ofUuderstanding !f:\
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The Corporatiou of the Town of Midland ~
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Mayor
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The corporWlilzr;ecumseth
Mayor
The Corporatiou of the Township ofOro-Medonte
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The Corporation of the Town of Penetauguishene
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The Corporation of the Towuship of Ramara
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Mayor tf ((
Clerk
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July 18, 2003 LINC Memorandum of Understanding f~\
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The Corporation of the Township of Severn
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Mayor
Clerk
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Clerk
The Corporation of the Township of Tiny
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Mayor I
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The Corporation of the Town ofWasaga Beach
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Mayor
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July 18, 2003 LINC Memorandum of Understanding f~\
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It Her Majesty the Queen Ministry of Health
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Signing Officer ./
Her Majesty the Queen Ministry 0 Natura esources
Signing Officer
Environment Canada - Parks Canada Agency (Georgian Bay Islands National Park)
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Chief Park Warden
Simcoe County District Health Unit
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Signing Officer"'" U
. Community Care Access Centre Simcoe County
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19nmg lcer
Bell Canada
Signing Officer
Hydro One
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Signing flcer
Nottawas~\ga vuey c~nservation Authority
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Chair Ltt/1JvJ-
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July 18, 2003 LINC Memorandum of Understanding , \
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I Lake Simcoe Region Conservation Authority
Chair
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Simcoe County District School Board
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Director
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~Simcoe Muskoka Catho 'c District School Bo
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lrector
The Corporation of the City of Barrie
. Mayor
Clerk
The Corporation of the City of Orillia
Mayor
Clerk
.
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July 18, 2003 LINC Memorandum of Understanding tt)
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LINC MOD. Schedule I
RATIONALE TO THE MEMORANDUM OF UNDERSTANDING
FOR THE SHARING OF LAND INFORMATION
IN THE COUNTY OF SIMCOE
(COMMONLY REFERRED TO AS THE COUNTY OF SIMCOE LAND INFORMATION NETWORK COOPERATIVE)
GOAL / PURPOSE
The Land Infonnation Network Cooperative (LINC) of Simcoe Connty is an association ofpnblic and
private sector organizations that have joined together to utilize a common resource of geographically
referenced infonnation. The purpose of this cooperative is to utilize the power of Geographic Infonnation
System (G.LS.) technology to improve both the individual and collective ability of the Members to serve
each other, the public and customers more effectively and efficiently.
LINC is a service driven cooperative based on membership and agreements between the Members where
information and resources are shared to the greatest possible extent
BUSINESS DEFINITION
The Land Infonnation Network Cooperative of Simcoe County is a cooperative founded on the principle of
. sharing a common resource of information. The policies that govern the cooperative are set by the
Members and there is no long-tenn obligation to membership other than the payment of an annual fee and
the willingness to share info11llation
The cooperative is not a business entity in that LINC is neither registered or incorporated as a business nor
does it have a payrolL Each Member is an independent contractor and operates as a separate business with
the responsibility to compensate other Members for goods or services rendered and to maintain the
infonnation contributed to the partnership.
The County of Simcoe is the Member providing the coordination role for the collection, distribution and
management of the data and the working capital within LINe.
STRUCTURE
The cooperative structure is characterized by a simple hierarchy of committees which are constituted to set
policy and direction as well as enable the Members to work together in the development and
implementation of GIS applications.
EXECUTIVE COMMITTEE
This is the main decision making cormnittee in the cooperative and its voting membership is made up of the
Chairs and Vice-Chairs of the four Member groups. In the absence of any of these members, a designate
may attend and be the voting member. This connnittee is chaired by the Chief Administrative Officer of the
County of Simcoe. Any additional Member of the cooperative may attend Executive Connnittee meetings
as a non-voting member.
. The purpose of the Executive Committee is to approve budgets, policies and strategic and operational plans
for cooperative as well as resolve issues relevant to the general membership.
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July 18,2003 LINC Memorandum of Understanding \ )
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It The Executive Committee shall also audit the financial management of the cooperative and report regularly
to the Members through minutes or reports.
MEMBERS' GROUPS
Municipal Members' Group
County Members' Group
Utility Members' Group
Governmeut Agency Members' Group
These Groups bring together Members with similar business environments, objectives and operating
conditions. Each Group is a forum for the development of GIS data bases, applications and the generation
of policies and practices that will advance the effectiveness of the cooperative.
SPECIALLY CONSTITUTED SUB-COMMITTEES
Both the Executive Committee and the Member Groups can give status to specially constituted sub-
committees from the membership ofLINC to address specific issues. These ad hoc groups do not fonn
standing committees and shall report and make recommendations to the Executive Committee or their
parent member group. They shall have terms ofreferences and defined time limits.
OPERATIONS MANAGER
The position of Operations Manager for LINC is filled by the Manager of GIS for the County of Simcoe.
It The Operations Manager is responsible for managing the LINC data base and providing a coordinating and
development function to the Members and Committees ofLINC.
A copy of all of the digital data shared within LINC shall be retained by the County for use by the
Operations Manager. It is the responsibility of the Operations Manager to work with the Members to
develop operational procedures and resolve technical issues relating to the quality control, coordination,
maintenance and distribution of this data base.
MEMBERSHIP
Membership in LINC is open to all organizations under the following categories and conditions.
I) Public Sector
Membership in LINC requires the contribution of a set annual Member fee as determined by the
Executive Committee. This requirement does not apply to the Municipalities of Simcoe County as
they contribute to LINC through the municipal levy process.
2) Private Sector
Membership in LINC requires an initial cash payment for the use of data and an annual payment
thereafter for membership privileges and information updates. The amount of payment is to be set
by the Executive Committee based on the data sets utilized.
All payments, aIlllUal fees or "services ..in-lieu" are subject to change and are set by the Executive
Conunittee.
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LINC Memorandum of Uuderstanding ii,
July 18, 2003 \]"",J
It OPERATIONAL DECISION RULES
The following statements are intended to communicate the basic tenets or values of LINC. These decision
rules are to be used as guidelines in decision making processes and in fonnulating specific policies and
procedures required for the operation of LINe.
Membership
. Encourage membership in LINC from organizations across the community and province.
. Each Member shall be a participant witbin one of the four Members' Groups
Financial
There shall be a balanced budget wherein contributions and revenues equal the cost of coordination,
development, data acquisition and core data administration.
. The Executive Committee may set, but shall not be limited to, fees and fee schedules for the
following:
I) Annual fees that are to be equal for all Members required to pay the fee.
2) Initial cost and update fees for data accessed by private sector Members.
3) The sale ofLINC data and services to customers (non-members)
Digital data prices are listed in County of Simcoe - Minimum Fee
Schedule for LINC Data
. The requirement to make royalty payments shall be factored into the financial management of
It LINe.
. The cost ofroyaHies will be factored into the cost ofLINC products. Revenues from sales may be
reinvested in the development of LINe.
. Revenues from the sale of OBM value added products may be reinvested in the development of
LINe.
. Revenues received from the sale of digital assessment data shall be distributed among the
municipalities annually based on a fonnula mutually agreed to by all municipalities.
Data Base
. Members shall maintain the LINC data base to be as current as reasonably possible.
. LINC will actively seek data sets that are available from the Members and the community.
. LINC will create new data sets as required by the Members as funding is available.
. LINC shall maintain the composite core data base. (see APPENDIX A)
Standards
. LINC shall maintain a reasonable range of fonnats for data in order to accommodate Member
preferences.
. Existing standards shall be utilized where reasonably possible.
. New standards shall be developed by the Member responsible for creation and maintenance of the
data and shall be kept as simple and technically compatible as reasonably possible.
. Standards will be maintained and made available to all Members and customers.
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LINC Memorandum of Understanding r~\
July 18,2003 ~ ...1
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. Marketing / Sales
. LINC products shall he marketed and sold to individuals and organizations as an alternative to
Memhership.
. Private citizens requesting non-digital information for non-commercial reasons regarding their ovvn
property will he charged a minimal rate.
. The sale of all LINC digital data shall be governed hy the standards and conditions set hy the
Executive Connnittee.
. All digital LINC data will he sold and "packaged" by the Operations Manager.
. Hardcopy LINC products may be marketed by any Member.
Communications
. LINC shaH actively promote the organization within the community in order to build and maintain
support.
. Encourage the use of LINC data within the community to improve the effectiveness and efficiency
and reduce duplication.
Applications
. Encourage and support the development of applications for LINC data within Member
organizations.
. Encourage the redesign of Members' office functions to incorporate effective GIS applications.
. Strive to reduce the duplicate handling of data and the creation of data sets which serve multiple
needs.
Education and Training
It . Programs shall be undertaken for the training of staff and stakeholders within Member
organizations.
. Encourage educational institutions to train students in GIS technology in order to support Member
needs and the growing use of the technology in the marketplace.
Dissolution
. If at any time LINC is dissolved as an organization, it is understood that all Members have equal
equity in the core data bases.
. Any proceeds from the dissolution would be equally distributed to the Members.
Copyright
. All products produced, exchanged or sold through LINC shall be identified with a common
copyright logo in addition to any other applicable copyrights, as follows:
This map, either in whole or in part, may not be reproduced without the written authority
from the County of Simcoe. Copyright County of Simcoe Land Information Network
Cooperative !Q LINC 2004. Produced (in part) under licence from the Ontario Ministry
of Natural Resources, Copyright!Q Queens Printer 2004, This map is not a legal survey.
Rcsearch and Development
. LINC shall be forward looking in tenns of trying to meet the future needs of its Members by
setting aside funds for research and development. The amount is to be decided by the Executive
Conunittee.
Changes
. This document may be amended by resolution of the Executive Conunittee.
.
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LINC Memorandum of Understanding ~ ."
July 18, 2003 ,\:!"""i
. APPENDIX A
THE LAND INFORMATION NETWORK COOPERATIVE
DATA BASE CLASSIFICATION
Core Data Classification
data which can be shared and accessed by all members
data which is to be managed and coordinated by the County of Simcoe GIS
Manager
data which wiII reside on the County GIS server for the purposes of
distribution
- data which wiII be maintained by the data custodian as mutually agreed to by all
the members
- data which is to be resold through the LINC Operations Manager and subject to a
cooperative fee schedule
Secondary Data Classification
It - data access is specified by the data custodian
data may reside on the County GIS server for the purposes of internal work
data security and data basc integrity are the responsibility of the data custodian
- value added reseUing or distribution of other parties' data is not permitted without
prior expressed written consent of the data custodian
- additional fees may apply to individual themes in this class, as a means of
recouping initial acquisition costs and supporting future maintenance
access to individual themes in this classification may require the execution of a
LINC end user license
* Access to the OASYS and ROLL data is governed by Protection of Privacy Act
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LINC Memorandum of Understanding , ,
July 18, 2003 ~. j
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CURRENT INDEX OF DATA THEMES BEING SHARED IN THE COOPERATNE
CORE DATA SECONDARY DATA CUSTODIAN
Assessment Mapping Original OBM Coverage (Tiles) MNR
County Base Map Infrared Photos MNR/County
Munieipal Base Map Arehaeological Sites MCZCR
County Forest Bell Canada Trench Lines BELL
County Property Municipal OBM Data bases MNR
Soil Type Innisfil OBM Coverage MNR
Soil Class (CLl Capability) Collingwood Assessment Town of
Coverage Collingwood
Civie Addressing Data Base OASYS Data Base (CD-ROM) * MPAC
911 Road Network (SLRN) ROLL Data Base (CD.ROM) * MPAC
Green Land Constraints School Locations SCDSB
Contours School Attendance Areas SCDSB
ANSI's School Districts SCDSB
Wetlands 2002 Orthorectified Acrial County
It Photography
Pits and Quarries 2002 Digital Terrain Model County
Landfill Sites
Oak Ridges Moraine Planning
Boundary
Mineral and aggregate areas
Niagara Escarpment Planning
Boundary
Rail Lines
County of Simcoe Shoreline Policy
Limits (DRAFT)
.
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