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HomeMy WebLinkAboutContract 47100 q17 I �'J J 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) 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 2015 digital orthophotography and/or LiDAR and contour 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 WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government Code; WHEREAS, NCTCOG and Entity are local governments as that term is defined in Section 791.003(4) of the Texas Government Code; WHEREAS, Section 791.025 of the Texas Government Code authorizes local governments to agree with another local government to purchase goods and services; 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; WHEREAS, NCTCOG and Entity, acting by and through their respective governing bodies, adopt the foregoing premises as findings of said governing bodies; and NOW THEREFORE, the parties, Entity and NCTCOG, agree to the following terms and conditions regarding the creation of digital aerial photography. CITY I. LICENSE AGREEMENT C a Wt,,6R n i,, i x 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. 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. 9/30/2015 II. OBLIGATIONS Upon delivery of the products, NCTCOG shall invoice the Entity for the stipulated amounts listed below. Coverage Area: CITY OF FORT WORTH Square miles = 657 G 2015 Orthophotography 2015 0.5m LiDAR $118,260.00 2015 2' Contours 2015 Cooperative Project Total $118,260.00 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. If you have not yet secured a PO, please enter 9999). Invoice Date Fiscal Year or After Delivery Payment Years FY 2015-16 If a payment term has not been specified, please select FY 2015 or FY 2015-16 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). 111. 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 at a rate of$95.00/hour. 9/30/2015 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 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, 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. 9/30/2015 Entity will have access to NCTCOG's records related to the transactions conducted under this Agreement to ensure compliance therewith. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS yj�/�' ?40V-4-�� 0g 15.2015 Mike Eastland Date Executive Director 616 Six Flags Drive, Suite 200 Arlington, Texas 76011 CITY OF FORT WORTH Si nature Wat Name: -susan A1anis Pwaistant City Manager Title: Street Address: /000 City, State, Zip: 7i*r wodey14 Ty /00-z— C . ' .1 t� . APPRO ED A„ TO gate .fir, k k v" Sv , a OR o � � �a r by .�, . _. CI f� .� f„, E "FA,i � ... „ IOU,'0 R TH 1 T/a m ., ., ....... , 1 Mary fFS'p-P Aa ser, City 's 9/30/2015 APPENDIX A NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS MAIN CONTACT ADDITIONAL CONTACT Name: Shelley Broyles David Raybuck 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) 608-2357 1 (817) 640-4428 E-mail sbroyles @nctcog.org draybuck @nctcog.org 9/30/2015 M&C Review 0 • • ITY UNCIL E AORTORTII COUNCIL ACTION: Approved on 9/2912015 REFERENCE,, 04COUNCIL OF GOVERNMENTS DATE: 9/29/2015 NO NAME: INTERLOCAL AGREEMENT FOR LIDAR DATA CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Interlocal Agreement with North Central Texas Council of Governments for Licensing and Purchase of Digital Elevation Data for Updated Digital Airborne Light Detection and Ranging Data for a Total Amount Not to Exceed $118,260.00 for the Information Technology Solutions Department (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Interlocal Agreement with North Central Texas Council of Governments for licensing and purchase of digital elevation data to provide updated digital light detection and ranging data for a total amount not to exceed $118,260.00 for the Information Technology Solutions Department. DISCUSSION: The proposed Agreement allows the City to maintain an effective Geographic Information System (GIS) which supports numerous City functions. The light detection and ranging (LiDAR) data provides three dimensional points from which terrain models and contour lines of elevation can be derived. The existing LiDAR was taken in 2009/2010 and is currently five years old. The updated digital elevation data 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 airborne LiDAR, while local governments are responsible for their share of the cost of the project based on the area each entity would like to acquire. The City of Fort Worth continues to grow, and as a result it needs updated elevation data for the incorporated city limits and extraterritorial jurisdiction. The 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 Agreement for 2015 and 2016 is in the amount of $118,260.00 and the Agreement allows for payment over two years ($59,130.00 per year). The finished product of the LiDAR elevation data is a digital GIS file with three dimensional points at 0.5 meter resolution. This data will be delivered to the City classified into usage, meaning that points will be classified as ground, roadway surfaces, buildings, and vegetation. The digital data will be loaded into the Enterprise Geographic Database for use with current GIS software. City departments such as Planning and Development, Transportation and Public Works, and Water may all access this information as necessary. FISCAL INFORMATION/CERTIFICATION: http://apps.cAvnet.org/council_packet/nic review.asp?ID=21507&councildate=9/29/2015[9/30/2015 1:09:34 PM]