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HomeMy WebLinkAboutContract 41742 (2)CITY sex ETARY 2T. �•Qf ♦ �� � r CON � RAC @ O. North Central Texas Council of Governments AGREEMENT BETWEEN THE NORTH CENTRAL TIHXAS COUNCIL OF GOVERNMVMENTS 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 2011 digital aerial photography 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. 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. . I ann-FFICIAL RECORD CITY SECRETARY F''° W WORM, T II. OBLIGATIONS Upon delivery of the products, NCTCOG shall invoice the Entity for the stipulated amounts listed below. - Product Amount 2011 Aerial Photography $61243.51 You have agreed to the paymept terms listed below and have secured the total amount with purchase order (PO) number VD--1 1- & ltoci9 (Please enter a PO number if blank). Payment Years FY 2011-12 Invoice Dates Fiscal year 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). Ill. 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. 1/19/2011 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 a < day of1041-uCc.5 , 20R . MERRILY GIlUIIALt Y Notary Public STATE OF TEXAS Cromm. Eea, i n, 20S 1 STATE OF TEXAS COUNTY OF TARRANT 27ubIit'ad f No Publicor the State of ACKNOWLEDGMENT BEF RE ME, the undersigned authority, on this day personally appeared �CE.Kix (MA Mgr') , known to me to be the person whose name is subscribed to the fore oing instrument, and acknowledged to me that he executed the same as the act and deed of the c%. t0c-Pretrev4. the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this the UNDA M. HIRRLINGER MY COMMISSION 2 20141RES 1/19/2011 day of jri_CIy , 20 /I . ary Public in and for the State of Texas M&C Review Official site of the City of Fort Worth, Texa :ity Council Agenda FORT WORTI DATE: CODE: M 13J FCT: COUNCIL ACTION: Approved on 4/12/2011 4/12/2011 kV C TYPE: NO.: **C-24846 LL©(c i LWAmil ® 042011-2012 DIGITAL AERIAL PHOTOGRAPHY CONSENT PUBLIC NO HEARING: Authorize Licensing Agreement with North Central Texas Council of Governments for Updated Digital Aerial Photography for the Information Technology Solutions Department for an Amount Not to Exceed $61,244.00 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 for the Information Technology Solutions Department for an amount not to exceed $61,244.00. 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 2009 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 its 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 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 2011 and 2012 is approximately $61,244.00 and the agreement allows for payment over two years. The cost of the agreement will be paid by the Information Technology Solutions Department and utilized by most departments. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Information Systems Fund. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15072&councildate=4/12/2011 (1 of 2) [4/14/2011 10:05:20 AM] M&C Review TO Fund/Account/Centers FROM Fund/Account/Centers PI68 539120 0045050 $61,244.00 Submitted for City Manager's Office bv: Karen Montgomery (6222) Originating Department Head: Peter Anderson (8781) Additional Information Contact: ATTACHMENTS Mai Tran (8858) Mark Deboer (8598) http://apps.cfwnet.org/council_packet/mc review.asp?ID=15072&councildate=4/12/2011 (2 of 2) [4/14/2011 10:05:20 AM]