HomeMy WebLinkAboutContract 46091 CITY SECRETAity
CONTRACT N0. G
North Central Texas Council of Governments
AGREEMENT BETWEEN
THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND
CITY OF FORT WORTH
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;
WHEREAS, the CITY OF FORT WORTH (Entity), wishes to have its map-based
information system include the 2013 Planimetric Data 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 planimetric data.
I. LICENSE AGREEMENT
The personnel specified in Appendix A will serve as points of contact for their respective
organizations. The following provisions are a license agreement between NCTCOG and the Entity
with respect to data products that are identified in section II. NCTCOG is the owner of and has the
right to grant a license to use the said data products free of all liens, claims, encumbrances, and
other restrictions and without otherwise violating any rights of any third party, including any patent,
copyright, trade secret, or other proprietary rights.
The NCTCOG data product may be distributed to the Entity on CD-ROM, DVD, or portable hard
drive. 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
�o is in proper format and no other software or equipment having an adverse impact on the NCTCOG
M product is present.
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A. Licensed Operating Environment
(1) Operating Equipment. In exchange for monetary consideration listed in section III, the
Entity will be granted an 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-readable executable format only.
(2) Authorized Users. Unless otherwise agreed in writing, the NCTCOG data product will be
used by Entity officials, officers, 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.
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
officers, employees, citizens, contractors, or other persons in the regular course of
business for their internal use or in connection with an 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.
II. OBLIGATIONS
Upon delivery of the products, NCTCOG shall invoice the Entity for the stipulated amounts listed
below.
Total Square Miles of Planimetric Coverage
184.3
4/30/2014
Bridges $0
Building Footprints Update $11352.88
Driveways $0
Fences $0
Lakes $0
Pavement Pads $0
Paved Parking Lots $0
Paved Road Edges $0
Unpaved Road Edges $0
Sidewalk Centerlines $0
Sidewalk Edges $0
Swimming Pools $0
Stream Centerlines $0
Stream Edges $0
Tree Canopy New $18245.7
TOTAL $29598.58
You have agreed to the payment to ms list d below and have secured the total amount with
purchase order(PO) number /17- '19 299 (Please enter a PO number if blank. If you
have not yet secured a PO, please enter 9999).
Payment Years
FY 2013-2015
Invoice Dates
Delivery
If your payment is spread across two fiscal years you will be invoiced 50%of the total amount
each year. Upon receipt of the first invoice, the Entity had thirty (30) days to review the products
and pay said invoice or the remaining amount owed to the North Central Texas Council of
Governments (NCTCOG).
III. TERMINATION
The parties agree that the Entity may terminate this Agreement by providing thirty(30)days written
notice to NCTCOG. Such notice shall be given to NCTCOG at the address set forth under its
signature below. In the event of such termination, NCTCOG shall reimburse to the Entity pro-
ratable portion of the contracted amount for services rendered. The Entity would also reimburse
NCTCOG for staff time billed to the project up to termination.
4/30/2014
IV. MISCELLANEOUS
Entirety of Agreement The terms and provisions of this Agreement constitute the entire
agreement of the undersigned parties and in the event of a conflict between this Agreement and
any attachment thereto, the terms of this Agreement shall prevail.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws
of the state of Texas and venue shall lie exclusively in Tarrant County, Texas. In performing its
obligations hereunder, each party shall operate and perform in accordance with all applicable state
and federal laws.
Severability. In the event that one or more provisions contained in this Agreement shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability of the Agreement shall be construed as if such invalid, illegal or unenforceable
provision had never been contained herein, and shall not affect the remaining provision of this
Agreement, which shall remain in force and effect.
Assignment. No party to this Agreement may assign or otherwise transfer any of its interest in
this Agreement without the express written consent of the other party.
Immunity. It is expressly understood and agreed that in the execution of this Agreement, that the
parties, either individually or jointly, do not waive, nor shall they be deemed to waive, any immunity
or defense that would otherwise be available to each against claims arising in the exercise of its
powers or functions.
Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by the
Entity in any fiscal period for any payments due hereunder, Entity will notify NCTCOG of such
occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to the Entity of any kind whatsoever,
except as to the portions of the payments herein agreed upon for which funds shall have been
appropriated.
Force Maieure. The Entity and NCTCOG shall exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or
omission in performance due to force majeure or other causes beyond their reasonable control
(force majeure), including, but not limited to, compliance with any government law, ordinance or
regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars,
riots, material or labor restrictions by any governmental authority, transportation problems and/or
any other similar causes.
Certification. The undersigned are properly authorized to execute this Agreement on behalf of the
parties, and each party certifies to the other that any necessary resolutions extending such
authority have been fully passed and are now in full force and effect.
V. 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.
4/30/2014
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
indicated below.
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
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Mike Eastland Date
Executive Director
616 Six Flags Drive, Suite 200
Arlington, Texas 76011
CITY OF FORT WORTH
Signature Date
Name:
Susan A1&218
Title: Assistant tCCity
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Street Address:
City, State, Zip:
APPROVED AS arm MD IBORLZTY:
APPROVED AS TO FORM:
M�t2.�ashia H P'ar�r
Senior Assistant City Atto=oy
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Date Approved:
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Mary J. er, Secretary X° ;-'y
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OFFICIAL RECORD
4/30/2014 CITY SECRETARY
FT. WORTHS TX
ACKNOWLEDGMENT
STATE OF TEXAS )
COUNTY OF TARRANT )
BEFORE ME, the undersigned authority, on this day personally appeared Mike Eastland
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the above for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN under my hand and seal of office this the C;z day of FEL cu& , 20Z4.
;o`°�Y , Merriry Ann Carey Notary Public in nd for the State of texas
*' My Commission Expires
08/10/2015
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ACKNOWLEDGMENT
STATE OF TEXAS )
COUNTY OF TARRANT )
BEFORE ME, the undersigned authority, on this day personally appeared
SJ50-% AkUlkS , known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the above for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN under my hand and seal of office this the c�1 day of C 20
U, i t -l0
Notary Public in and for the State of Te s
*��`'' LINDA M.HIRRLINGER
' MY COMMISSION EXPIRES
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4/30/2014
APPENDIX A
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
MAIN CONTACT ADDITIONAL CONTACT
Name: Shelley Broyles Mick Maguire
Title: GIS Project Coordinator Chief Technology Officer
Department Research and Information Services Research and Information Services
Organization: NCTCOG NCTCOG
Street Address: 616 Six Flags Drive, Suite 200 616 Six Flags Drive, Suite 200
City, State,Zip Arlington, Texas 76011 Arlington, Texas 76011
Phone/Fax: (817)695-9156 (817)640-4428 (817)704-2519 (817)640-4428
E-mail: sbroyles @nctcog.org mmaguire @nctcog.org
4/30/2014
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REFERENCE** LOG 04COUNCIL OF GOVERNMENTS
DATE: 9/17/2013 NO.: C-26430 NAME: 2013 AERIAL PHOTOGRAPHY
CODE: C TYPE: CONSENT PUBLIC NO
NO
SUBJECT: Authorize Execution of a Licensing Agreement and Purchase of Digital Data for Updated
Digital Aerial Photography with North Central Texas Council of Governments for a Total
Amount Not to Exceed $76,635.50 for the Information Technology Solutions Department
(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Licensing Agreement and the
purchase of digital data to provide updated digital aerial photography with the North Central Texas
Council of Governments for a total amount not to exceed $76,635.50 for the Information
Technology Solutions Department.
DISCUSSION:
The proposed License Agreement allows the City to maintain an effective Geographic Information
System (GIS) which supports numerous City functions. The existing aerial photography was taken
in 2011 and is currently two years old. The Information Technology Solutions Department
periodically updates City base maps and due to the high precision, aerial photography is often
used.
The updated digital aerial photography effort for North Texas has been coordinated for several
years by North Central Texas Council of Governments (NCTCOG). NCTCOG is responsible for
the procurement effort to obtain a certified vendor to complete the aerial photography, while local
governments are responsible for their share of the cost of the project based on the area each
entity wants to have photographed. Since the City continues to grow, it needs to photograph it's
incorporated city limits and extraterritorial jurisdiction.
The Licensing Agreement grants the City of Fort Worth the authority to use the data for its internal
operations and general furtherance of it's mission. The City will own all original works of
authorship using this data that it may independently create.
The cost of the Licensing Agreement for 2013 and 2014 is approximately in the amount of
$53,254.12 and the Agreement allows for payment over two years.
The finished product of the aerial photography is a digital GIS file presenting a layer of tree cover
and building footprints. The digital data will be loaded into the Enterprise Geographic Database
for use with current GIS software. City departments such as Planning and Development may
access this information as necessary. The cost for this digital data is in the amount of$23,381.38
which will be paid upon delivery and invoice.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current
http://apps.cfwneLorgleouncil_packet/mc review.asp?ID=18778&councildate=9/17/2013[9/19/2013 12:20:22 PM]
� &c Review
operating budget, as appropriated, of the Information Systems Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
P168 539120 0045050 $76.635.50
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Peter Anderson (8781)
Additional Information Contact: Mark DeBoer(8598)
ATTACHMENTS
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http://apps.cfwnet.org/council_packet/mc_review.asp?ID=18778&councildate=9/17/2013[9/19/2013 12:20:22 PM]