MOU DOI - Revision history

Jive: /* Memorandum of Understanding 2017 */

2017-09-28T05:27:50Z

Memorandum of Understanding 2017

Jive: /* Memorandum of Understanding 2017 */

2017-09-28T05:26:34Z

Memorandum of Understanding 2017

Jive at 05:21, 28 September 2017

2017-09-28T05:21:34Z

Helena at 23:57, 14 September 2017

2017-09-14T23:57:57Z

Helena at 04:05, 11 September 2017

2017-09-11T04:05:41Z

Helena at 03:50, 11 September 2017

2017-09-11T03:50:01Z

Helena at 03:26, 11 September 2017

2017-09-11T03:26:55Z

Helena at 03:25, 11 September 2017

2017-09-11T03:25:59Z

Helena at 23:55, 21 July 2017

2017-07-21T23:55:14Z

Helena at 18:38, 21 July 2017

2017-07-21T18:38:33Z

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 This Memorandum of Understanding was [https://www.loomio.org/p/gwXh0z26/sign-memorandom-of-understanding-with-usa-department-of-interior approved on 20 September 2017]  by the OSGeo Board of Directors, and signed into effect by Prof. Venkatesh Raghavan as OSGeo President on Sep 24, 2017.
-* [https://wiki.osgeo.org/images/e/ec/DOI_OSGeo_MOU_092517.pdf Document in PDF format (446KB)]
+* [https://wiki.osgeo.org/images/e/ec/DOI_OSGeo_MOU_092517.pdf Signed Document in PDF format (446KB)]
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← Older revision		Revision as of 05:26, 28 September 2017
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	This Memorandum of Understanding was [https://www.loomio.org/p/gwXh0z26/sign-memorandom-of-understanding-with-usa-department-of-interior approved on 20 September 2017] by the OSGeo Board of Directors, and signed into effect by Prof. Venkatesh Raghavan as OSGeo President on Sep 24, 2017.		This Memorandum of Understanding was [https://www.loomio.org/p/gwXh0z26/sign-memorandom-of-understanding-with-usa-department-of-interior approved on 20 September 2017] by the OSGeo Board of Directors, and signed into effect by Prof. Venkatesh Raghavan as OSGeo President on Sep 24, 2017.
		+
		+	* [https://wiki.osgeo.org/images/e/ec/DOI_OSGeo_MOU_092517.pdf Document in PDF format (446KB)]

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@@ Line 1: / Line 1: @@
 MEMORANDUM OF UNDERSTANDING BETWEEN
 THE U.S. DEPARTMENT OF THE INTERIOR OF THE UNITED STATES OF AMERICA
@@ Line 4: / Line 10: @@
 THE OPEN SOURCE GEOSPATIAL FOUNDATION
-''Proposal Draft''
+''As Approved''
 The U.S. Department of the Interior of the United States of America ( hereinafter “DOI”) represented by Thomas Dabolt, Geospatial Information Officer ( GIO) , Department of the Interior

@@ Line 27: / Line 27: @@
 # DOI will endeavor to share any open source geospatial training materials created internally with the OSGeo projects that are the subject of the training materials, to be distributed on the OSGeo project websites as appropriate.
 # OSGeo will endeavor to provide infrastructure for sharing open source code and training materials.
 '''5. Definitions.'''

@@ Line 57: / Line 57: @@
 c.  Each of the Parties shall implement their responsibilities under this MOU as to the covered entities under their jurisdiction through such binding regulations, orders, directives, and guidance as necessary or prudent from time to time.
-d.  The specific relationships and responsibilities with regard to the cooperative activities covered under the scope of this umbrella MOU shall be further defined in
+d.  The specific relationships and responsibilities with regard to the cooperative activities covered under the scope of this umbrella MOU shall be further defined in subsequent implementing annexes to this MOU.
 '''7.  Financial Arrangements.'''
@@ Line 106: / Line 105: @@
 d.  The obligations of any clause of this MOU that were intended to survive the period of performance, for example, Articles 10 and 13 shall also survive any termination of this MOU.
-'''9.  Protection of Information & Publication.'''
+'''10.  Protection of Information & Publication.'''
 a.  For Official Use Only (FOUO)/ Sensitive Information identifies unclassified information of a sensitive nature that unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national interest.  This also includes trade secrets or commercial, financial or proprietary information that is privileged or confidential under the meaning of 5 USC § 552(b)(4) and/or 35 USC § 205, provided that such information is not generally known or available from other sources without obligation concerning its confidentiality; has not been made available by the owners to others without obligation concerning its confidentiality; and is not already available to the government without obligation concerning its confidentiality.  Proprietary information includes classified information or Controlled Unclassified Information (CUI).  All classified information and CUI is protected from disclosure under U.S. law.  All CUI that is introduced or generated in the performance of this MOU shall be properly marked and safeguarded. The Parties will appropriately identify any FOUO/Sensitive, proprietary, privileged or otherwise restricted data and information before transfer takes place and will document all data transfers by their standard internal means.
@@ Line 114: / Line 113: @@
 c.  All data and information approved for public release transferred among the Parties will be identified for public release, in accordance with the internal regulations and/or guidance of the originating Party.
-d.  Publications documenting cooperative efforts may be prepared by either Party, or jointly, provided that Parties have an opportunity to review manuscripts prior to publication.
+d.  Publications or presentations documenting the cooperative efforts may be prepared by either Party, or jointly, provided that Parties have an opportunity to review manuscripts prior to publication.  The DOIDepartment of the Interior and OSGeo agree to confer and consult at least 30 days prior to a Party's submission for presentation and/or publication of subject data to assure that no proprietary information or protected information, such as, classified information or Controlled Unclassified Information (CUI) is released and that patent rights are not jeopardized.  The Party receiving the document for review has 30 days from receipt to object in writing, detailing the objections to the proposed submissions.  Neither DOI nor the OSGeo will make editorial changes to the portions of joint documents drafted by the other Party without full knowledge and consent of the other Party.  The draft may be submitted for publication or presentation upon receipt of the Party’s written comments or upon expiration of the review period with no comments received from DOI or OSGeo.
 e.  To the extent possible, decisions involving authorship, review of reports, and other conditions and circumstances will be addressed during the preparation of annexes referencing the MOU.
-f.   Should technical differences of viewpoint occur on cooperative activities, an effort will be made to reconcile them. However, this shall not prohibit either Party from publishing the data or information provided it assumes sole responsibility and gives appropriate credit to the other Party.
+f.   Should technical differences of viewpoint occur on cooperative activities, an effort will be made to reconcile them by both Parties. However, this shall not prohibit a Party from publishing the data or information after the 30-day review by the other Party provided the publishing Party assumes sole responsibility and gives appropriate credit to the other Party.
-g.   Neither DOI nor the OSGeo will make editorial changes to the portions of joint documents drafted by the other agency without full knowledge and consent of the other Party.
+g.  The Parties agree that sharing credit is mutually beneficial, and will make every effort to assure that appropriate citation and attribution, including the use of official agency visual identifiers, is given for work performed under this MOU.
-j.  The Parties agree that sharing credit is mutually beneficial, and will make every effort to assure that appropriate citation and attribution, including the use of official agency visual identifiers, is given for work performed under this MOU.
+h.  Publicity and public information products, including news releases, reports, briefing papers, or other information products, are subject to the same terms and conditions as other publications as stated above.  Any press releases resulting from this MOU must be coordinated with the DOI Office of Communications.
-k.  Publicity and public information products, including news releases, reports, briefing papers, or other information products, are subject to the same terms and conditions as other publications as stated above.
+i.  Any commitment of either Party to preserve the confidentiality of information is subject to applicable United States laws and regulations.
-l.  Any commitment of either Party to preserve the confidentiality of information is subject to applicable United States laws and regulations.
+j. The Parties intend that any intellectual property that is owned or controlled by a Party prior to the commencement of cooperation under this MOU, or which is acquired or developed by either Party during this MOU, is to remain at all times owned or controlled by the said Party.
-'''10.  Disputes.'''
+'''11.  Disputes.'''
 a.  Where possible, disputes will be resolved by informal discussion between the Parties. If the Parties are unable to resolve any disagreement through good faith negotiations, the dispute will be resolved by the Director of each Party.
@@ Line 134: / Line 133: @@
 b.  No one who is not a Party to this MOU has or shall have any rights whatsoever under this MOU to enforce any term of this MOU against the Parties for any action taken or not taken by them.
-'''11.  Construction.'''
+'''12.  Construction.'''
 a.  The Parties understand and agree that this MOU does not confer any legal rights, duties, or obligations on either Party and that this provision shall survive the termination of this MOU.
@@ Line 159: / Line 158: @@
 . "Including" means including, but not limited to.
-'''12.  Warranties.'''
+'''13.  Warranties.'''
-Neither Party makes any express or implied warranty as to any matter, nor any other provision, arising under this MOU, its Annexes, or its Appendices.
+Neither Party makes any express or implied warranty as to any matter, nor any other provision, arising under this MOU, its Annexes, or its Appendices. The DOI shall be solely liable for the negligent or wrongful acts of its officers and employees to the extent provided for in the Federal Tort Claims Act (28 U.S.C. § 2671 et. seq.) and in other applicable laws and regulations of the United States that specifically waive sovereign immunity.  Nothing in this Agreement shall be construed as a waiver of the sovereign immunity of the United States.
-'''13. Signatories.'''
+'''14. Signatories.'''
 a.  The foregoing represents the Memorandum of Understanding between the U.S. Department of Interior and the Open Source Geospatial Foundation upon the matters referred to herein.
@@ Line 170: / Line 169: @@
 SIGNATURES
-'''Annex A.'''
+Thomas Dabolt
-Procedures and Responsibilities of the Parties
+Venkatesh Raghavan
+President
-* DOI will endeavor to coordinate with OSGeo on effective use of publicly documented open geospatial data formats for the general dissemination of geospatial data.
+Open Source Geospatial Foundation

@@ Line 46: / Line 46: @@
 d. Scientific Analysis, Investigations, and Research: The terms "scientific analysis, investigations, and research" refer to the examination of geographic, geologic, hydrologic, and biologic processes in order to model and improve understanding and predictive capability necessary to prepare for, mitigate, respond to, and recover from natural and man-made hazards
 '''6.  Implementation.'''
-a.  Implementation of this MOU shall be supported by appropriate annexes and will be coordinated through mutual agreement between the DOI Geospatial Information Officer (GIO) and the President of OSGeo or their designated representatives.
+a.  Implementation of this MOU shall be supported by annexes and will be coordinated between the DOI Geospatial Information Officer (GIO) and the President of OSGeo or their designated representatives and mutually agreed upon in writing.
 b.  The Parties will review all existing agreements between the DOI and OSGeo and their predecessor organizations, with the intent to terminate, revise, consolidate, and/or incorporate as annexes to this MOU, where possible, such agreements pertaining to the areas of cooperation covered by the scope of this MOU.
@@ Line 55: / Line 57: @@
 c.  Each of the Parties shall implement their responsibilities under this MOU as to the covered entities under their jurisdiction through such binding regulations, orders, directives, and guidance as necessary or prudent from time to time.
-d.  The specific relationships and responsibilities with regard to the cooperative activities covered under the scope of this umbrella MOU shall be further defined in annexes to this MOU.
+d.  The specific relationships and responsibilities with regard to the cooperative activities covered under the scope of this umbrella MOU shall be further defined in
 '''7.  Financial Arrangements.'''
-a.  This MOU is neither a fiscal nor funds obligation document. Any activities involving reimbursement or contribution of funds between the Parties of this MOU will be handled in accordance with applicable laws, regulations, and procedures. Such activities will be documented in annexes, with specific projects between the Parties spelled out. The separate annexes will reference this umbrella MOU. This MOU does not establish authority for noncompetitive award among the Parties for any contractor or other agreement.
+a.  This MOU is neither a fiscal nor funds obligation document. Any activities involving reimbursement or contribution of funds between the Parties of this MOU will be handled in accordance with applicable federal laws, regulations, and procedures. Such activities will be documented in annexes, with specific projects between the Parties mutually agreed upon in writing. The separate annexes will reference this MOU. This MOU does not establish authority for noncompetitive award among the Parties for any contractor or other agreement.
-b.  This MOU defines in general terms the basis on which the Parties will cooperate, and as such, does not constitute a financial obligation to serve as a basis for expenditures. Expenditures of funds, human resources, equipment, supplies, facilities, training, public information, and expertise will be provided by each signatory Party to the extent that their participation is required and resources are available.
+b.  This MOU defines in general terms the basis on which the Parties will cooperate, and as such, does not constitute a financial obligation to serve as a basis for expenditures. Expenditures of funds, human resources, equipment, supplies, facilities, training, public information, and expertise will be provided by each signatory Party to the extent that their participation is required and resources are available. Each Party shall separately assign personnel, equipment, supplies, transportation, and facilities, as needed and available to meet respective responsibilities hereunder, such resources to remain the property of the assignor.
 c.  This MOU in no way restricts the Parties from participating in similar activities with other public or private agencies, organizations, or individuals.
-d.  This MOU does not obligate the Parties to expend appropriations on any particular project or purpose or to enter into any agreements, contracts, or other obligations, even if funds are available.
+d.  This MOU does not obligate the Parties to expend appropriations on any particular project or purpose or to enter into any agreements, contracts, or other obligations, even if funds are available.  This MOU does not commit the Parties to enter into any specific agreements for the purposes of this MOU.  Projects involving cost sharing or reimbursable funding between the Parties must be authorized in a separate, follow-on agreement(s) based on appropriate statutory authorities.
-e) Nothing in this agreement may be interpreted to imply that the United States, or the Department of the Interior, endorses any OSGeo product, service or policy of OSGeo.  OSGeo  will not take any action or make any statement that suggests or implies such an endorsement.
+e) Nothing in this agreement may be interpreted to imply that the United States, or the Department of the Interior, endorses any OSGeo product, service or policy of OSGeo.  OSGeo  shall not in any way state or imply that this MOU or the results of this MOU are an endorsement of OSGeo the United States or the Department of the Interior organizational units, employees, products, or services.
-'''8.  Change, Modification , and Review.'''
+'''8.  Change, Modification, and Review.'''
-a.  This MOU and its annexes, will be reviewed at least every two years by the Directors of the Parties or their designated offices acting after the date of the last signatory.
+a.  This MOU and any subsequent implementing annex(es), will be reviewed at least every two years after the date of the last signatory by the Directors of the Parties or their designated offices.
-b.  Signers of this MOU, and their duly appointed successors, may initiate discussion to recommend review, update, or modification of this MOU at any time.
+b.  Signers of this MOU and their duly appointed successors, may initiate discussion to recommend review, update, or modification of this MOU at any time.
 c.  During review, all Parties shall determine the continued applicability of this MOU and continuing relevance of its provisions.
-d.  Changes and/or modifications to this MOU shall be in writing and signed by the Directors of the Parties or their designated offices acting within the scope of their authority.
+d.  Changes and/or modifications to this MOU shall be in writing and signed by the Directors of the Parties or that Party’s Authorized Agent of their designated offices acting within the scope of their authority.
-e.  Annexes can be added, modified, or deleted at any time upon joint approval by the Director of the Parties or their designated offices.
+e.  Annexes can be added, modified, or deleted at any time upon joint approval by the Director of the Parties or their designated offices.  No modification, renewal, extension, waiver, or termination of this MOU or any of its articles shall be binding upon the Party against whom enforcement of such modification, renewal, extension, waiver, or termination is sought, unless made in writing and signed on behalf of such Party or by that Party’s Authorized Agent.
-f.  No oral statement by any person shall be interpreted as modifying or otherwise affecting the terms of this MOU.
+f.  No oral statement by any person from either Party shall be interpreted as modifying or otherwise affecting the terms of this MOU.
 g.  All requests for interpretation or modification shall be made in writing.
@@ Line 93: / Line 96: @@
 c. In the event of termination of this MOU, or any subsequent implementing Annex, the following rules shall apply:
-. All Parties agree to prepare a mutually agreed to "Termination Protocol," which shall include procedures for satisfying any uncompleted obligation arising during the period the MOU or any subsequent implementing Annex was in force;
+. All Parties agree to prepare a mutually agreed to "Termination Protocol," which shall include procedures for satisfying all obligations arising during the period the MOU or any subsequent implementing Annex was in force;
 . All Parties shall continue participation, financial or otherwise, up to the effective date of termination. Each Party shall pay the costs it incurs as a result of the termination; and
 . Termination of the MOU terminates all subsequent implementing Annexes and Appendices, which may later come into force.
 '''9.  Protection of Information & Publication.'''
-a.  The Parties will appropriately identify any proprietary, privileged or otherwise restricted data and information before transfer takes place and will document all data transfers by their standard internal means.
+a.  For Official Use Only (FOUO)/ Sensitive Information identifies unclassified information of a sensitive nature that unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national interest.  This also includes trade secrets or commercial, financial or proprietary information that is privileged or confidential under the meaning of 5 USC § 552(b)(4) and/or 35 USC § 205, provided that such information is not generally known or available from other sources without obligation concerning its confidentiality; has not been made available by the owners to others without obligation concerning its confidentiality; and is not already available to the government without obligation concerning its confidentiality.  Proprietary information includes classified information or Controlled Unclassified Information (CUI).  All classified information and CUI is protected from disclosure under U.S. law.  All CUI that is introduced or generated in the performance of this MOU shall be properly marked and safeguarded. The Parties will appropriately identify any FOUO/Sensitive, proprietary, privileged or otherwise restricted data and information before transfer takes place and will document all data transfers by their standard internal means.
 b.  The Parties agree that they shall take appropriate measures to protect proprietary, privileged, or otherwise restricted data and information that may come into their possession as a result of this MOU.

@@ Line 22: / Line 22: @@
 '''4. Procedures and Responsibilities of the Parties.'''  This MOU serves as an umbrella agreement that sets forth the general terms and conditions under which the Parties will coordinate and cooperate in activities involving geospatial information, remote sensing, in situ monitoring, and scientific analysis, investigations, and research. The responsibilities to be implemented include, but are not limited to:
-# 1. DOI will endeavor to coordinate with OSGeo on effective use of publicly documented open geospatial data formats for the general dissemination of geospatial data.
+# DOI will endeavor to coordinate with OSGeo on effective use of publicly documented open geospatial data formats for the general dissemination of geospatial data.
-# 2. OSGeo will endeavor to coordinate with DOI on the effective and secure use of open source geospatial software.
+# OSGeo will endeavor to coordinate with DOI on the effective and secure use of open source geospatial software.
-# 3. DOI will endeavor to coordinate with OSGeo on the effective use of vendor-independent formats and software by designating subject matter experts within DOI as points of contact with the different OSGeo projects.
+# DOI will endeavor to coordinate with OSGeo on the effective use of vendor-independent formats and software by designating subject matter experts within DOI as points of contact with the different OSGeo projects.
-# 4. DOI will endeavor to share any open source geospatial training materials created internally with the OSGeo projects that are the subject of the training materials, to be distributed on the OSGeo project websites as appropriate.
+# DOI will endeavor to share any open source geospatial training materials created internally with the OSGeo projects that are the subject of the training materials, to be distributed on the OSGeo project websites as appropriate.
-# 5. OSGeo will endeavor to provide infrastructure for sharing open source code and training materials.
+# OSGeo will endeavor to provide infrastructure for sharing open source code and training materials.
 '''5. Definitions.'''

@@ Line 1: / Line 1: @@
 MEMORANDUM OF UNDERSTANDING BETWEEN
-THE U.S. DEPARTMENT OF INTERIOR OF THE UNITED STATES OF AMERICA
+THE U.S. DEPARTMENT OF THE INTERIOR OF THE UNITED STATES OF AMERICA
 AND
 THE OPEN SOURCE GEOSPATIAL FOUNDATION
@@ Line 6: / Line 6: @@
 ''Proposal Draft''
-The U.S. Department of Interior of the United States of America ( hereinafter “DOI”) represented by Thomas Dabolt, Geospatial Information Officer ( GIO) , Department of Interior
+The U.S. Department of the Interior of the United States of America ( hereinafter “DOI”) represented by Thomas Dabolt, Geospatial Information Officer ( GIO) , Department of the Interior
 	And
 	The Open Source Geospatial Foundation ( hereinafter “OSGeo”), represented by
-	Venkatesh Raghavan, President ,Open Source Geospatial Foundation
+	Venkatesh Raghavan, President, Open Source Geospatial Foundation.
-'''1. Policy.'''  The mission of the Department of Interior is to protect and manage the Nation's natural resources and cultural heritage; provide scientific and other information about those resources; and honor its trust responsibilities or special commitments to American Indians, Alaska Natives, and affiliated Island Communities.  The mission of the Open Source Geospatial Foundation is to foster global adoption of open geospatial technology by being an inclusive software foundation devoted to an open philosophy and participatory community driven development.
+'''1. Background.'''  The mission of the Department of Interior is to protect and manage the Nation's natural resources and cultural heritage; provide scientific and other information about those resources; and honor its trust responsibilities or special commitments to American Indians, Alaska Natives, and affiliated Island Communities.  The mission of the Open Source Geospatial Foundation is to foster global adoption of open geospatial technology by being an inclusive software foundation devoted to an open philosophy and participatory community driven development.
-'''2. Purpose.''' The participating entities recognize the importance of geospatial data, the tools for processing geospatial data, the need for educational materials for teaching geospatial processing, and the need to provide geospatial data products to the public in open and fully documented data formats. This Memorandum establishes the framework for coordination and cooperation between DOI and OSGeo on the topics of publicly documented open geospatial data formats, effective use of open source geospatial software, and the sharing of educational resources concerning open source geospatial software.
+'''2. Objectives.''' The parties share a mutual interest in the importance of geospatial data, tools for processing geospatial data, the need for educational materials for teaching geospatial processing, and the need to provide geospatial data products to the public in open and fully documented data formats. This Memorandum of Understanding (MOU) establishes the framework for coordination and cooperation between the DOI and OSGeo on the topics of publicly documented open geospatial data formats, effective use of open source geospatial software, and the sharing of educational resources concerning open source geospatial software  to disseminate scientific and other information about the Nation’s natural resources.  The purpose of this MOU is to formalize a non-binding relationship between the Parties to expand public access to geospatial data.
-'''3. Authority.'''  For the Department of Interior; The Organic Act of March 2 1879 (43 USC 31 et seq.), Dec. 17th 2002, Section 209(b), Pub. L. No. 107-347,  Section 214, Pub. L. No. 107-347,  Section 216 , Pub. L. No. 107-347, OMB Circular A-16, A119, Economy Act of 1932, as amended (31 USC 1535), Executive Order 12906
+'''3. Authority.'''  The Department of the Interior and U.S. Geological Survey (USGS) enter into this MOU under the authority of the Organic Act of March 3, 1879 (43 U.S.C 31 et seq.), the E-Government Act of 2002 (Dec. 17th 2002, Section 209(b), Pub. L. No. 107-347,  Section 214, Pub. L. No. 107-347,  Section 216, Pub. L. No. 107-347, OMB Circular Nos. A-16, A119, Economy Act of 1932, as amended (31 U.S.C. 1535),  and Executive Order No. 12906, 3 C.F.R. 17671 (1994).
-'''4. Scope.'''  This MOU serves as an umbrella agreement that sets forth the general terms and conditions under which the Parties will coordinate and cooperate in activities involving geospatial information, remote sensing, in situ monitoring, and scientific analysis, investigations, and research.
+'''4. Procedures and Responsibilities of the Parties.'''  This MOU serves as an umbrella agreement that sets forth the general terms and conditions under which the Parties will coordinate and cooperate in activities involving geospatial information, remote sensing, in situ monitoring, and scientific analysis, investigations, and research. The responsibilities to be implemented include, but are not limited to:
 '''5. Definitions.'''