Loading...
HomeMy WebLinkAboutContract 26629 i I-V. -W V10-� .gyp �'"�'o CITY SECRETARY /` CONTRACT NO. LICENSING AGREEMENT BETWEEN THE NORTH CENTR(�L TEXAS COUNCIL OF GOV RNMENTS AND WHEREAS, the North Central Texas Council of Governments (NCTCOG) has an interest In assisting local governments in providing information for planning, engineering, public safety, and municipal management; J WHEREAS, the rpt of ill- � /�1L (Entity) wishes to have its map-based information system include th6 most current digital aerial photography and/or 2-foot contours available and has determined that the creation of this resource provides information for a multitude of uses throughout the Entity and thus serves a valid public purpose; WHEREAS, the Entity requires this information to accomplish this purpose and has determined that NCTCOG can fulfill this need, and NCTCOG is willing to reciprocate; and NOW THEREFORE, the parties, Entity and NCTCOG, agree to the following terms and conditions regarding the creation of digital aerial photography and/or 2-foot Contours. I. LICENSE AGREEMENT The following provisions are a license agreement between NCTCOG and the Entity with respect to data products that are identified in Attachment A. .. The NCTCOG data product may be distributed to the Entity on CD-ROM or other media described in the documentation, The Entity will need to install and operate the NCTCOG data product on properly configured and compatible computer equipment running third party system and application software supplied by the Entity. The Entity will also need to Insure that any required data not supplied by NCTCOG is in proper format and no other software or equipment having an adverse impact on the NCTCOG product is present. A. Licensed Operating Environment (1) Operating Equipment. in exchange for monetary consideration described in the Authorization Letter, the Entity will be granted a non-exclusive operation license to install, store, load, execute, and display (collectively, "Use') the NCTCOG data product on as many local area networks and/or end-user workstations as the Entity reasonably needs In support of its own operation (the "Licensed Operating Environment"). Any software components of the NCTCOG data product are provided in machine 1.-readable executable format only. ..- (2) Authorized Users. Unless otherwise agreed in writing, the NCTCOG data product will be used by Entity employees and authorized contractors only ("Authorized Users")- A contractor shall be deemed authorized to Use the data products by the Entity or NCTCOG if such Use is incidental to a larger relationship between the contractor and the Entity, and is used for purposes no greater than reasonably needed to achieve the objectives of an actual project undertaken in connection with that relationship. The contractor must agree in writing to be bound by the provisions of this Agreement. OFFICIA,L PECORD CITY SEC-E Y �. f WI ��R M. B. Permitted Uses (1) Use of NCTCOG Products. The Entity's Authorized Users may Use the NCTCOG data product in the`Licensed Operating Environment for any use that furthers the Entity's Internal operations or in furtherance of the Entity's mission. (2) Use of Generated Output or Other Data. Except as stated, the Entity will own all original works of authorship it may independently create. Digital output from the Entity's Use of the NCTCOG Data Product may be resized as desired and printed on black and white, color printers, or map plotters. Such printed hardcopies may be distributed to the Entity's citizens, contractors, or Joint ventures in the regular course of business for their internal use or in connection with ah-actual transaction. Such printed output may be further copied, photographed, or reproduced digitally on the Internet. The Entity may charge a fee for such hardcopy printouts that exceed the actual direct cost of production. Without the prior written consent of NCTCOG, the Entity may not otherwise provide copied, digitized, reproduced, transmitted or disseminated, in whole or in part, any of the original digital data product in any form. (3) Mandatory Copyright Notice. Any permitted printing or reproduction of output material generated by the NCTCOG data product requires a copyright notice. As a courtesy to the participating Entity,the copyright notice can include the Entity name. Copyright 2001, North Central Texas Council of Governments or Copyright 2001, Entity Name and the North Central Texas Council of Governments II. AFFIDAVIT OF PROHIBITED INTEREST NCTCOG acknowledges and represents it is aware of the laws, City Charter, and City Code of Conduct regarding prohibited interests and that the existence of a prohibited interest at any time will render this Agreement null and void. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates Indicated below. r' r� ��I NORTH CENTRAL.TEXAS COUNCIL C1 a t�r� Waffk T60=6 OF G VERNMENTS (Entityflame) Mike Eastland Dat G k a r to 5 3oyw e N Date Executive Director 616 Six Flags Drive, Suite 200 G M a u.g t-- Arlington,Texas 76011 AP VED�ASJG)FM: ATTESTED BY � 2 -fTn ACKNOWLEDGMENT STATE OF TEXAS ) COUNTY OF TARRANT ) BEFORE ME, the undersigned authority, on this day personally appeared Mike Eastland of the North Central Texas Council of Governments, a non-profit corporation, a political subdivision of the State of Texas,•known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of North Central Texas Council of Governments for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this the 01- 1 day of VERCIE PRUITT JENKINS ao��'•••�G�fiPuhlic,Statc of'1'eaar i �iy(`ommi Brion Expire. - �'�.�o;;��� April 19,2004 Notary Public in and for a tae of Texas ACKNOWLEDGMENT STATE OF TEXAS ) COUNTY OFRRA� ) BEFORE ME, the undersigned authority, on this day personally appeared � .2• ysl,+.'�_, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged tome that he executed the same as the act and deed of 6d' to F�,4 f,APP, i , for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this the_ Q '__`day of Notary Public in and for the State of Texas ?oaf.=° ROSELLA BARNES :*I NOTARY PUBLIC /!?',! state of Texas o % Comm.Exp.03-31-2005 3 �• ATTACHMENT A SPECIFICATIONS FOR THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS DATABASE PRODUCTS 1-FOOT RESOLUTION COLOR DIGITAL ORTHOPHOTOGRAPHY The North Central Texas Council of Governments (NCTCOG) will provide 1-foot digital color orthophotography (aerial) for contributing NCTCOG customers. The 1-foot resolution digital aerial data product specifications are summarized below: Sensor Type Aerial film camera with 6"focal length Negative Size 9"x 9" Altitude of Capture 9,000'above mean terrain Expected Capture Period February 2001 Control Sources Ground survey and airborne Global Positioning System Scanning Resolution 15 microns Ground Resolution 1.0 U.S.survey foot Color Type 24-bit natural color Coordinate System Texas State Plane,North Central Zone Horizontal Datum NAD 83 Units U.S.survey feet Format TIFF or MrSID The digital aerial will be produced using accepted photogrammetric industry practices under the supervision of Certified Photogrammetrists and Licensed Surveyors. Digital orthophotography products are guaranteed to meet National Map Accuracy Standards at a map scale of 1" = 200' (1:2,400). Photo scale is 1" = 1,500' (1:18,000). Products will be mosaiced and color balanced to create a near seamless appearance. DIGITAL ELEVATION MODELS AND 2-FOOT CONTOURS NCTCOG will provide digital elevation models (DEMs) and 2-foot contours for contributing NCTCOG customers. The terrain information used to generate the DEMs and contours will be captured using an airborne Light Detection and Ranging System(LIDAR). The collection and production will conform to the following specifications: Sensor Type Airborne LIDAR Altitude of Capture 8,000'above mean terrain Expected Capture Period November 2000-January 2001 Control Sources Ground survey,airborne GPS and inertial measurement DEM Point Spacing 5 m(16') DEM Point Accuracy 15-18 cm(6-7")vertical on clearly defined ground features Contour Interval 2 feet Coordinate System Texas State Plane,North Central Zone Horizontal Datum NAD 83 Units U.S.survey feet DEM Format ASCII Contour Format Arclnfo The LIDAR data will be collected and processed under the supervision of Certified Photogrammetrists and Licensed Surveyors. The raw data will be edited to remove above ground features. The DEM and contours will be interpolated from the LIDAR data and Interactively edited to create seamless, consistent coverage. Every fifth contour line will be designated as an index and annotated. The contours are guaranteed to meet National Map Accuracy Standards at 2- foot interval. AUTHORIZATION LETTER Cooperative Aerial Photography Program of North Central Texas The North Central Texas Council of Governments (NCTCOG) and G- o bl�-OV A (hereafter referred to as the "Licensee") have agreed to purchase digital aefial photography and related information as outlined in Attachment A of the Licensing Agreement. The total cost for this license will not exceed $ /S_3,IA(e,ou As execution of this Authorization Letter is considered a formal part of the Agreement and obligates the Licensee's cost as identified above, the Licensee will submit a purchase order or check to NCTCOG for a minimum of fifty (50) percent of its total committed amount. Final payment will be due no more than thirty (30) days after final delivery of the product. NCTCOG will invoice the Licensee and the Licensee shall remit the amount of the invoice to NCTCOG within thirty (30) calendar days of receipt of the invoice. In the event that the Licensee disputes the invoice, as soon as possible within the thirty (30) calendar day period, the Licensee shall notify the NCTCOG Manager of Geographic Information Systems who is responsible for executing this program. The Licensee shall make payment not less than ten (10) calendar days upon resolution of the disputed invoice. In the event that payment of invoiced goods or services is not received by NCTCOG within thirty (30) calendar days of receipt of the accepted invoice, NCTCOG is authorized to charge the participant interest in accordance with the Prompt Payment Act. Work under this program will continue beyond September 30, 2001. However, costs for the work program will not exceed the Licensee's cost share as agreed to in this Authorization Letter. The underciigned, duly authorized to make such obligations, represents NCTCOG's and the C14 oragreement to these provisions. n , Authorized Si nature Mike Eastland, Executive Director C^h ar(e� go:itve(f North Central Texas Council RS'�i5t��lil- Ch Mx&) ict' (Typed Name) Date: q1,jejo Date: ,� 4 ATTESTED BY contract Authorization /- C Zy- ad �a-�- Date a North Central Texas Council Of Governments TO: Participants of the Aerial Cooperative Purchase DATE: October 26, 2000 FROM: Bob O'Neal Director of Research and Information Services SUBJECT: Final Commitment to Participate in the Aerial Cooperative Purchase As you are aware, over the last few months, the North Central Texas Council of Governments (NCTCOG) has canvassed members as to their interest in a cooperative purchase of two-foot contours and aerial photography. This project is now coming to fruition and we require your final commitment. Enclosed are the following documents: • Cooperative Purchase Instructions • Map showing areas of interest • A copy of your original Commitment Response Form (if previously submitted) • A blank Commitment Response Form • Licensing Agreement (for signature) • Authorization Letter (for signature) These completed items, along with your boundary file and/or annotated map, must be returned to NCTCOG no later than 12 p.m., Friday, November 10, 2000, to Liz Zecckine, Executive Secretary, Research and Information Services Department, at the below address. A purchase order for a minimum of 50 (fifty) percent of the total committed amount must accompany the signed Authorization Letter. Should you have any further questions, or require additional information, please contact John Hunt, Manager of GIS, at (817) 695-9163, or me at (817) 695-9151. We are very excited about the prospect of working together in this truly regional cooperative effort. ILI Bob O'Neal BO:ez Enclosures 616 Six Rags Drive, Centerpoint Two R O. Box 5888, Arlington, Texas 76005-5888 (817) 640-3300 FAX: 817.640-7806 Q* recycled paper COOPERATIVE PURCHASE INSTRUCTIONS Commitments, Areas of Interest, and Products In some cases where Commitment Response Forms were submitted, the committed amount did not agree with the square miles indicated on the enclosed map. (1) If your figures do not match the information on your enclosed Commitment Response Form, (2) if you did not submit a Commitment Response Form, or (3) if your information does not agree with the area indicated on the enclosed map (see "Changes in Commitment...), please complete the blank Commitment Response Form, and return it by the deadline. If all your information is correct and there are no changes, please initial the copy of your original Commitment Response Form and return it by the deadline. Changes In Commitment Area of Interest and/or Products If your area of interest covers more or less than the area indicated on the enclosed map, please include your required boundaries as a shapefile or an Arclnfo export file when you return the enclosed forms. If you do not have a digital file, please draw the changes in red ink on the enclosed map and return to us. You may also enclose other paper maps showing your area of interest if you wish. File Formats Upon completion of the project, all files will be delivered on CD. Please specify the desired format: DIGITAL ORTHOPHOTOGRAPHS DIGITAL CONTOURS (You may choose both formats if needed) (Please specify only one format) _TIFF format _ArcView shapefiles Mr. SID (merged into a single file) _Arclnfo cover AutoCAD DXF Microstation DGN Payment Please indicate and enclose the required payment: Agency Name: Purchase Order# (NCTCOG members only. Private sector must pay with check.) Check# Please direct any questions regarding this process to: John Hunt Manager of GIS North Central Texas Council of Governments 616 Six Flags Drive, Suite 200,Arlington,Texas 76011 Telephone: (817)695-9163 Fax: (817)640-4228 E-Mail: jmhunt@dfwinfo.com • FISCAL YEAR 2000 FUNDING COMMITMENT RESPONSE FORM North Central Texas Cooperative Aerial Photography and Elevation Contour Purchase _X My entity commits to participating in the North Central Texas Cooperative Aerial Photography and Elevation Contour Purchase and agrees to the cost-share allocation of at most $153,145.45 which may be paid out during the Fiscal Years (FY) 2000 and 2001. 1 understand that for this compensation, my entity will receive its products as outlined in the technical specifications. My entity will not participate in the North Central Texas Cooperative Aerial Photography purchase during FY2000 and FY2001. ADMINISTRATIVE CONTACT TECHNICAL CONTACT Name: Shirley Sanger James Hofmann Title or Position: Assistant IT Solutions Director Senior Geographic Information Systems Analyst Entity: City of Fort Worth City of Fort Worth Address: 1000 Throckmorton Street 1000 Throckmorton Street Phone/Fax: 817-871-8454 817-871-8654 817-871-8527 1 817-871-8654 E-mail: Sangers@ci.fort-worth.tx.us Hofmanj@ci.fort-worth.tx.us Description of area of participation (i.e., Dallas County; City of Arlington; City of Hurst + %2 mile buffer, NCTCOG grids 126.06) City of Fort Worth, City of FortWorth's ETJ (5 mile buffer), City of Hurst l ' v 2T Comments: Exact NCTCOG grid numbers will be provided at a later date (by August 18, 2000). Signature: 0Date: August 4, 2000 Charles Boswell, Assistant City Manager Please mail this form by August 11, 2000, to: John Hunt Manager of Geographic Information Systems Research and Information Services Department North Central Texas Council of Governments P. O. Box 5888 Arlington, Texas 76005-5888 Any questions regarding the program or the cost-share arrangements shou d be directed to Jolin-Hur♦l at (817) 695-9163. i AUG 114 r r 2f°ham '` •.y,y..x,�. `r 114 ^ .. FF w 377 183 77 N ®1 ,azr�' •' .y. x+ r�r� •Frar•,. �� r :r �f. '�s '1i=�'!'. s: .��yris:�'.V'::,y.i:=' :-s✓`�-' `s�'`:�:iiii,:;`':, ss .: `s��.':�.w:vrrs-''s-.,�' '.:•.el.. „sa-sj•. :� s,�: sr�;.. y.. zr�ir'' .•y�.[g�..:,'.z..r:a�:::::-...;-�;5�&r'.�:-"lis'..rsr:--:-:e;. ..s.... /' ..�:. .s;, �.w $'1 w:..- r.-sgrs%>%.:".•,:'F.` sssai:is if\:F�.<:•F:.res-,.-'.`.^i+.. ..'�'. 2-.r+.Y• l 'r,•',•,'�r ..vd.::S .�5/..r'`/' ::rrc'P`Y:,:;v�aF':F'�:<:rd$Fs^. .d s 3 -mss•.--'...c "='.'. .,':=N"/. ';i=y�� r,.F...., s'. •'�ti y. / :=:i::-. .ter..•.":r.. ;�.ti-.. :3.x>:;;i�'�>:: s r .a .•s .N•.- -r .z. 5 0 5 10 15 Miles Locator Map Legend City of Fort Worth NCTCOG Cooperative Ortho / 2' Contour Project I V Arterials Freeways Fort Worth Tarrant County i FISCAL YEAR 2000 FUNDING" COMMITMENT RESPONSE FORM North Central Texas Cooperative Aerial Photography and Elevation Contour Purchase My entity commits to participating in the North Central Texas Cooperative Aerial Photography and Elevation Contour Purchase and agrees to the cost-share allocation of $ ADMINISTRATIVE CONTACT TECHNICAL CONTACT Name: Title or Position: Entity: Address: Phone/Fax: E-mail: Description of area of participation (i.e., Dallas County; City of Arlington; City of Hurst + '/2 mile buffer, NCTCOG grids 126.06) Comments: Signature: Date: (Authorized Representative) Any questions regarding the program or the cost-share arrangements should be directed to John Hunt at (817) 695-9163. ATTACHMENT A SPECIFICATIONS FOR THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS DATABASE PRODUCTS 1-FOOT RESOLUTION COLOR DIGITAL ORTHOPHOTOGRAPHY The North Central Texas Council of Governments (NCTCOG) will provide 1-foot digital color orthophotography (aerial) for contributing NCTCOG customers. The 1-foot resolution digital aerial data product specifications are summarized below: Sensor Type Aerial film camera with 6"focal length Negative Size 9"x 9" Altitude of Capture 9,000'above mean terrain Expected Capture Period February 2001 Control Sources Ground survey and airborne Global Positioning System Scanning Resolution 15 microns Ground Resolution 1.0 U.S.survey foot Color Type 24-bit natural color Coordinate System Texas State Plane, North Central Zone Horizontal Datum NAD 83 Units U.S.surrey feet Format TIFF or MrSID The digital aerial will be produced using accepted photogrammetric industry practices under the supervision of Certified Photogrammetrists and Licensed Surveyors. Digital orthophotography products are guaranteed to meet National Map Accuracy Standards at a map scale of 1" = 200' (1:2,400). Photo scale is 1" = 1,500' (1:18,000). Products will be mosaiced and color balanced to create a near seamless appearance. DIGITAL ELEVATION MODELS AND 2-FOOT CONTOURS NCTCOG will provide digital elevation models (DEMs) and 2-foot contours for contributing NCTCOG customers. The terrain information used to generate the DEMs and contours will be captured using an airborne Light Detection and Ranging System(LIDAR). The collection and production will conform to the following specifications: Sensor Type Airborne LIDAR Altitude of Capture 8,000'above mean terrain Expected Capture Period November 2000-January 2001 Control Sources Ground survey,airborne GPS and inertial measurement DEM Point Spacing 5 m(16') DEM Point Accuracy 15-18 cm(6-7")vertical on clearly defined ground features Contour Interval 2 feet Coordinate System Texas State Plane,North Central Zone Horizontal Datum NAD 83 Units U.S.survey feet DEM Format ASCII Contour Format Arclnfo The LIDAR data will be collected and processed under the supervision of Certified Photogrammetrists and Licensed Surveyors. The raw data will be edited to remove above ground features. The DEM and contours will be interpolated from the LIDAR data and interactively edited to create seamless, consistent coverage. Every fifth contour line Wit be designated as an index and annotated. The contours are guaranteed to meet National Map Accuracy Standards at 2- foot interval. City of Fort Worth, Texas "rigor and Council Communication DATE REFERENCE NUMBER I LOG NAME PAGE 11/28/00 C-18366 04AERIAL 1 of 1 SUBJECT LICENSING AGREEMENT WITH NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR UPDATED DIGITAL AERIAL PHOTOGRAPHY FOR THE INFORMATION TECHNOLOGY SOLUTIONS DEPARTMENT RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a licensing agreement with the North Central Texas Council of Governments to provide updated digital aerial photography and contours for the City's geographic information system at a cost not to exceed $153,146.00. DISCUSSION: To maintain an effective geographic information system (GIS), the IT Solutions Department needs to periodically update its base maps. This is done through digital aerial photography, and for north Texas this has been coordinated for several years by the North Central Texas Council of Govemments (NCTCOG). NCTCOG hires the firm to do the photography, and area governments pay their share of the cost based on the area they want to have photographed. The City of Fort Worth needs to photograph its corporate limits and extraterritorial jurisdiction. In addition to the standard aerial photography, the City will be purchasing two-foot contour data. Contours show elevations of the terrain captured in the digital photograph. This data is very useful for such departments as Water, Transportation and Public Works and Engineering, among others, where knowing the exact elevation of the terrain is essential to planning and design processes. The licensing agreement grants the City of Fort Worth the authority to use the data for its internal operations and general furtherance of its mission. The City will own all original works of authorship using this data that it may independently create. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Information Systems Fund. CB:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Charles Boswell 8511 APPROVED O" " COUNCIL Originating Department Head: Shirley Sanger 8450 (from) NOV 28 2000 F PI68 539120 0047000 $153,146.00 Additional Information Contact: *. City Secretary of the Shirley Sanger 8450 City of Fort Wort%Texas