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HomeMy WebLinkAboutContract 35863 , CITY SECRETARY CONTRACT NO. 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 most current digital aerial photography, elevation contours, and/or planimetrics 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,elevation contours, and/or planimetrics. 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 is in proper format and no other software or equipment having an adverse impact on the NCTCOG product is present. c _ 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. (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 2007, North Central Texas Council of Governments Or Copyright 2007, CITY OF FORT WORTH, and the North Central Texas Council of Governments 7/11/2007 II. DELIVERABLES The items listed in section II and III are based on the results of the online order interest form (http://gis.nctcog.org/cost_estimates.asp)that was completed by ELIZABETH YOUNG, IT SUPERVISOR. Coverage Area CITY LIMITS&ETJ Aerial Photography Resolution_ 6 inch Aerial PhotographV Format TIFF Elevation Contours Format SHP Planimetrics Bridges [X] Buildings [X] Fences I Lakes [X] Parking Lots [X] Stream Centerlines [X] Stream Edges [X] Road Edges [X] Sidewalks [X] Tree Canopy [ ] Pools [ ] Driveways [ ] Pavement Pads [ ] 7/11/2007 III. OBLIGATIONS Upon delivery of the products listed in section II, NCTCOG shall invoice the Entity for the stipulated amounts listed below. Aerial Photography $29,970.17 Elevation Contours $63,576.71 Planimetrics $16,822.81 Existing Balance with NCTCOG -$0.00 Total $110,369.69 You have agreed to the payment terms listed below and have secured the total amount with purchase order (PO) number (Please enter a PO number if blank). Payment Years FY 2007-08 Invoice Dates Delivery date 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 has thirty(30) days to review the products and pay said invoice or the remaining amount owed to NCTCOG. Upon completion of the 30-day review period, the participating Entity agrees to compensate NCTCOG to replace any lost or damaged data, at a cost of $100 per CD or $250 per DVD. If data was delivered via portable hard drive,a cost of$500 will be charged for additional deliveries. IV. 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. 7/11/2007 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. VI. 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. Goveming 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. [Signature Page Follows] 7/11/2007 IN WITNESS WHEREOF,the parties have executed this Agreement on the dates indicated below. OR H CE TRAL TEXAS COUNCIL OF GOVERNMENTS Mike Eastland Date Executive Director 616 Six Flags Drive, Suite 200 Arlington,Texas 76011 CITY OF FORT WORTH Karen L. Montgomery Date Assistant City Manager/CFO 1000 Throckmorton Street Fort Worth,Texas 76102 ATTEST i By: C'� a X't� City Secretary APPROVED AS FORM AND LEGALITY: By. o Assistak City Attorney CONTRACT AUTHORIZATION: M&C: �o Date Approved: 7/11/2007 �, i� ,�,l 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 f day of ,20il STEPHANIE CEC L Notary Public,state o Texas Notary Public in and for the Oate of Texas r j �. �•,: My Commission E ires September 12,2610 ACKNOWLEDGMENT STATE OF TEXAS ) COUNTY OF TARRANT' ) BEFORE ME, the undersigned authority, on this day personally appeared Karen L. Montgomery, 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 the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. j P GIVEN under my`and and seal of office this the_'/ day of ,20(!��. i{1HY t JON 14.MAY *' MY COMMISSION EXPIRES Nota ublic in and for the 8tatof Texas May 21,2011 7/11/2007 APPENDIX A NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS MAIN CONTACT ADDITIONAL CONTACT Name: Mick Maguire Shelley Broyles Title: RIS Program Manager GIS Analyst II 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)704-2519 (817)640-4428 (817)695-9156 (817) 640-4428 E-mail: mmaguire@nctcog.org sbroyles@nctcog.org CITY OF FORT WORTH MAIN CONTACT Name: ELIZABETH YOUNG Title: IT SUPERVISOR Department INFORMATION TECHNOLOGY SOLUTIONS Street Address: 1000 THROCKMORTON ST City,Zip FORT WORTH,76102 Phone/Fax: (817)392-6785 E-mail: elizabeth.young 0fortworthgov.org 7/11/2007 � =i City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/11/2007 GATE: Tuesday, September 11, 2007 LOG NAME: 04AERIALPHOTO REFERENCE NO.: **C-22363 SUBJECT: Authorize a 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 (NCTCOG) to provide updated digital aerial photography for the Information Technology Solutions (IT Solutions) Department. DISCUSSION: The proposed license agreement allows the City to maintain an effective Geographic Information System (GIS) for multiple City functions. IT Solutions needs to periodically update City base maps. The updated digital aerial photography effort for north Texas has been coordinated for several years by NCTCOG. NCTCOG is responsible for the procurement effort to get a certified vendor to complete the aerial photography, while local area governments are responsible for their share of the cost of the project based on the area each wants to have photographed. Since the City continues to grow, it needs to photograph its incorporated city limits and extraterritorial jurisdiction. In addition to the standard aerial photography, the City will also purchase contour data and planimetrics. Contours show elevations of the terrain captured in the digital photograph. Planimetrics show bridges, buildings, lakes, parking lots, stream centerlines, stream edges, road edges and sidewalks captured in the digital photographs. This data is instrumental in the day-to-day operations for departments such as Water, Fire, and Transportation and Public Works (TPW) 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. The cost of the licensing agreement for 2007 and 2008 is approximately $110,370.00 and the agreement allows for payment over two years. The cost of the data will be shared by the Water, TPW, Fire and IT Solutions Departments. Logname: 04AERLU PHOTO Page 1 of 2 d FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the participating operating funds. TO Fund/Account/Centers FROM Fund/Account/Centers P168 539120 0045050 $14,985.00 PE69 539120 0209202 $35,919.00 GG01 522500 0361000 $2,141.00 PE45 539120 0602501 $2,141.00 Submitted for City Manager's Office by: Karen Montgomery (6222) Originating Department Head: Peter Anderson (8781) Additional Information Contact: Elizabeth Young (6785) Logname: 04AFRLkLPHOTO Page 2 of 2