HomeMy WebLinkAboutContract 26629 i I-V. -W
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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
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Locator Map Legend
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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