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HomeMy WebLinkAboutContract 63828CSC No. 63828 North Central Texas Council of Governments INTERLOCAL AGREEMENT BETWEEN THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND CITY OF FORT WORTH WHEREAS, the North Central Texas Council of Governments (NCTCOG) is a voluntary association of, by and for local governments and has an interest in providing information to its members to support planning, engineering, public safety, and municipal management activities; and, WHEREAS, the City of Fort Worth (Entity), wishes to have its map -based information system include digital orthophotography and/or LiDAR and/or derivative data provided by the Spatial Data Cooperative Program (SDCP) 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; and, WHEREAS, the Entity requires this information to accomplish this purpose and has determined that NCTCOG can provide this information; and, WHEREAS, this Agreement is authorized by and entered into pursuant to Chapter 791 of the Texas Government Code; and, WHEREAS, NCTCOG and Entity are local governments as that term is defined in Section 791.003(4) of the Texas Government Code; and, WHEREAS, Section 791.025 of the Texas Government Code authorizes local governments to agree with another local governments to purchase goods and services; and, WHEREAS, a local government that purchases goods and services under Section 791.025 of the Texas Government Code satisfies the requirement of the local government to seek competitive bids for the purchase of goods and services; and, WHEREAS, Entity represents and warrants that it is eligible to contract with NCTCOG under the act for the purposes recited herein and possesses adequate legal authority to enter into this Agreement. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 10/3/2024 NOW, THEREFORE, the parties, Entity and NCTCOG, agree to the following terms and conditions regarding the creation of digital aerial photography and/or LiDAR and/or derivative products. LICENSING AND OBLIGATIONS All SDCP product licensing and obligations can be found in Attachment A of this document. II. PERFORMANCE PERIOD AND TERMINATION This Agreement shall be effective upon the date of last signature of the Parties and remain in full force and effect for one (1) year. This Agreement shall automatically renew for successive one (1) year terms unless earlier terminated by the Parties in accordance with the provisions herein. NCTCOG or Entity may terminate this Agreement at any time upon thirty (30) days written notice to the other Party. Entity shall remain liable for payment for any costs and expenses incurred by NCTCOG occurring up to the effective date of termination. III. MISCELLANEOUS Entirety of Agreement. The terms and provisions of this Agreement and any attach ments/adde nd u m s constitute the entire agreement of the undersigned parties and supersede any and all oral and written agreements between the parties relating to matters herein. Amendment. This Agreement may be amended only by a written amendment executed by both parties. NCTCOG reserves the right from time to time to make changes in the scope of products and services offered hereunder. 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. Disputes. The parties to this Agreement agree to the extent possible and not in contravention of any applicable State or federal law or procedure established for dispute resolution, to attempt to resolve any dispute between them regarding this Agreement informally through voluntary mediation or any other local dispute mediation process before resorting to litigation. 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. 10/3/2024 Immunity. It is expressly understood and agreed that in the execution of this Agreement, that the parties, either individually orjointly, 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. Each party paying for the performance of governmental functions in this Agreement must make those payments from current revenues available to the paying party. 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 Majeure. 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, pandemic, 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. 10/3/2024 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS Todd Little (Ju 25, 2025 17:20:15 CDT) Todd Little Executive Director CITY OF FORT WORTH (Entity) 08/18/2025 annaGi o (Aug 18, 202513:51:18 CDT) Primary Signature Name: Dianna Giordano Title: Assistant City Manager Email: dianna.giordano@fortworthtexas.gov Date I� /97, 08/18/2025 Date Optional Signature Date Name: Kevin Gunn Title: IT Solutions Director Email: kevin.gunn@fortworthtexas.gov Marr (Aug 15, 202512:52:19 CDT) 08/15/2025 Optional Signature Date Name: Mark Deboer Title: Assistant IT Solutions Director Email: mark.deboer@fortworthtexas.gov 10/3/2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENT A SDCP 2024 PRODUCT LICENSING AND OBLIGATIONS NCTCOG agrees to provide the Product(s) listed below for Entity's use consistent with the terms herein. Upon delivery of the Product(s), NCTCOG shall invoice Entity in the amount(s) provided and Entity agrees to pay NCTCOG. Remote Sensing Product 3" Orthophotography 6" Orthophotography Oblique Photography: LiDAR J✓J 0.5M I ISingle Photon I JGeiger-Mode Total Aerial & LiDAR Derivative Product 1' Contours (no breaklines) 2' Contours (no breaklines) 1' Contours (hydrology & transportation breaklines) 2' Contours (hydrology & transportation breaklines) 3D Stereo Planimetrics Change Detection Mapping Impervious Surface Landcover Enhanced Landuse Solar Mapping Potential Total Amount $157,168.40 $157,168.40 Amount Aerial Derivative Product - 2D Planimetri Amount Discounted Bundle A — Building footprints, road edges, parking lots, bridges & sidewalk centerlines Discounted Bundle B — Building footprints, road edges, parking lots, bridges & sidewalk edges Building footprints Bridges Driveways Fences Lake edges Parking lots Pavement pads Paved road centerlines Paved road edges Stream centerline Stream edges Swimming pools Sidewalk centerlines Sidewalk edges Tree canopy Unpaved road edges Total SDCP 2024 Project Total 1 $157,168.40 You have agreed to the payment terms listed below and have secured the total amount with purchase order (PO) number 9999 (Please enter a PO number if blank. If you have not yet secured a PO, please enter 9999). Invoice Date ❑ Fiscal Year orFV-1 After Delivery Pavment Years 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 the North Central Texas Council of Governments (NCTCOG). 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 shall reimburse NCTCOG for staff time billed to the project up to termination at a rate of $95.00/hour. Reimbursed amount shall not exceed the total project amount in Section II. 10/3/2024 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 above. 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 ensure 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 listed in section II, 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. =1i;101/I_1 NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS MAIN CONTACT Name Shelley Broyles Title Program Manager Department Research and Information Services Organization NCTCOG Street Address 616 Six Flags Drive City State Zip Arlington Texas 76011 Phone 817-695-9156 Email sbroyles@nctcog.org CITY OF FORT WORTH MAIN CONTACT Name Mark Deboer Title Assistant IT Solutions Director Department IT Solutions Organization City of Fort Worth Street Address City State Zip Phone 817-392-8598 Email mark.deboer@fortworthtexas.go% ADDITIONAL CONTACT Donna Coggeshall Research Manager Research and Information Services NCTCOG 616 Six Flags Drive Arlington Texas 76011 817-695-9168 dcoggeshall@nctcog.org ADDITIONAL CONTACT 10/3/2024 [Executed effective as of the date signed by the Assistant City Manager above.] / [ACCEPTED AND AGREED:] CITY OF FORT WORTH INTERNAL ROUTING PROCESS: IT Solutions Department Approval Recommended: By: / Name: Kevin Gunn Title: Director, IT Solutions Approved as to Form and Legality Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Steven Vandever (Aug 14, 202513:20:40 CDT) Name: Steven Vandever Title: Senior Manager, IT Solutions City Secretary: By: Name: Hye Won Kim Title: Assistant City Attorney q By: Name: Jannette Goodall Contract Authorization: Title: City Secretary M&C: 25-0661 Approved: 08/12/2025 1295: N/A Transportation and Public Works Department Recommended: By: Name: Monty Hall Title: Assistant Director Water Department Recommended: By: RichardLis(Aug 14, 2025 12:56:28 CDT) Name: Richard Lisenbee Title: Senior Manager, IT Solutions OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 8/14/25, 8:29 AM M&C Review ACITY COUNCIL AGEND FORT II Create New From This M&C REFERENCE **M&C 25- 04FY2025 NCTCOG DATE: 8/12/2025 NO.: 0661 LOG NAME: INTERLOCAL AGREEMENT FOR LIDAR DATA CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of an Interlocal Agreement with North Central Texas Council of Governments for the Purchase of Updated Light Detection and Ranging Data in the Amount of $157,168.40 for the Information Technology Solutions Department RECOMMENDATION: It is recommended that the City Council authorize execution of an Interlocal Agreement with the North Central Texas Council of Governments for the purchase of updated light detection and ranging data in the amount of $157,168.40 for the Information Technology Solutions Department. DISCUSSION: This Mayor and Council Communication (M&C) is to request authorization for the execution of an Interlocal Agreement (ILA) with the North Central Texas Council of Governments (NCTCOG) for the purchase of updated light detection and ranging (LiDAR) data. NCTCOG has coordinated the procurement effort to obtain a certified vendor to complete the airborne LiDAR since 1998, with member cities sharing the cost for the requested areas that data is collected. BACKGROUND: The City has been purchasing geographical data such as aerial photography and LiDAR through the North Texas GIS Consortium since the 1990s with M&C C-14177 approved on February 8, 1994 and M&C C-14997 approved on September 5, 1995 for interlocal purchases of aerial imagery and related geographical data. In 1998, the North Texas GIS Consortium was dissolved, with most functions transitioned to NCTCOG. NCTCOG began coordinating with an aerial photography vendor to continue providing updated photography at reduced rates for member cities. Related M&Cs for these interlocal purchases include M&C P-8882 approved June 22, 1999; M&C C-18366 approved November 28, 2000; M&C C-22363 approved September 11, 2007; M&C C-23434 approved April 14, 2009; M&C C-24846 approved April 12, 2011; M&C C-26430 approved September 17, 2013; and M&C C-27473 approved September 29, 2015. City Secretary Contract (CSC) No. 50557 was executed on March 21, 2018 for the purchase of 2017 aerial imagery and LiDAR data in an amount of $53,850.00. Upon Mayor and Council approval of this M&C, the IT Solutions Department will utilize this ILA for 0.5M LiDAR data with a total one-time cost of $157,168.40. The LiDAR data will be uploaded into the City's Enterprise Geographic Database for use with current GIS software. All City departments will have access to this data for analysis of historical changes and future planning. The Transportation and Public Works (TPW) department's Stormwater division utilizes this data to evaluate flood risk areas, determine where drains/culverts are needed, and other planning efforts. The Water department utilizes this data to identify water movement, track stream shape, erosion, and possible blockages. The City will own all original works of authorship using this data that it may independently create. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. AGREEMENT TERM: Upon City Council's approval and execution of the cooperative purchase agreement, the term of the agreement will be for a one-year period which shall begin upon signature by the Assistant City Manager. Funding is available for the agreement within the Information Tech Supplies account in the Water & Sewer Fund and in the Other Contractual Services account in the Stormwater Utility Fund in the apps.cfwnet.org/council_packet/mc_review.asp? I D=33522&cou ncildate=8/12/2025 1 /2 8/14/25, 8:29 AM M&C Review amount of $157,168.40 for term of the agreement. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Water & Sewer Fund and the Stormwater Utility Fund to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Water, Transportation & Public Works, and the Information Technology Solutions Departments have the responsibility to validate the availability of funds. TO Fund Department I Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget I Reference # Amount ID ID Year I (Chartfield 2) Submitted for City Manager's Office by_ Dianna Giordano (7783) Originating Department Head: Kevin Gunn (2015) Additional Information Contact: Mark DeBoer (8598) ATTACHMENTS FID Table - FY2025 NCTCOG UDAR ILA.xlsx (CFW Internal) Funds Availability for FY2025 NCTCOG LiDAR ILA.pdf (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp?ID=33522&councildate=8/12/2025 2/2