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Home My WebLink AboutRes 2019-11-650 Orthophotography ILA with NCTCoGCITY OF ANNA, TEXAS RESOLUTION NO. Ao(q ((-6-TO A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL AGREEMENT FOR 2019 ORTHOPHOTOGRAPHY WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS. WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, since 2001, the North Central Texas Council of Governments ("NCTCOG") has facilitated the purchase high-quality, digital orthophotography for local governments as a cost-sharing objective; and WHEREAS, the City of Anna wishes to purchase 2019 orthophotography for a multitude of public purposes related to economic development, planning, engineering, public safety and municipal management operations and activities; and WHEREAS, the City Council of the City of Anna, Texas (the "City Council") has found that it is in the best interest of the City and its neighbors to authorize, ratify and approve the City Manager's execution of the Interlocal Agreement with NCTCOG; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT; Section 1. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council hereby approves the INTERLCOAL AGREEMENT WITH NCTCOG, attached hereto as EXHIBIT 1, incorporated herein for all purposes and authorizes the City Manager to execute same on its behalf. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 12th day of November 2019. ATTEST: ,1111 i l l l l t 1!1!I// City Secretary Carrie Smith F / APPROVED: = ' PE Mayor Nate Pike 6j, 6261,74-65-0 II. 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 Amount 3" Orthophotography 0.00 6" Orthophotography 5,523.20 6" Oblique Photography 0.00 LiDAR I 10.5M I j Single Photon 0.00 Total 5,523.20 Aerial & UDAR Derivative Product Amount 1' Contours (no breaklines) 0.00 2' Contours (no breaklines) 0.00 2' Contours (hydrology breaklines) 0.00 1' Contours (hydrology & transportation breaklines) 0.00 2' Contours (hydrology & transportation breaklines) 0.00 3D Planimetrics 0.00 Change Detection Mapping 0.00 Impervious Surface 0.00 Landcover/Landuse 0.00 Solar Mapping Potential 0.00 Total $0.00 Aerial Derivative Product - 2D Planimetrics Amount Discounted Bundle A — Building footprints, road edges, parking lots, bridges & sidewalk centerlines 0.00 Discounted Bundle B — Building footprints, road edges, parking lots, bridges & sidewalk edges 0.00 Building footprints 0.00 Bridges 0.00 Driveways 0.00 Fences 0.00 Lake edges 0.00 Parking lots 0.00 Pavement pads 0.00 Paved road centerlines 0.00 Paved road edges 0.00 Stream centerline 0.00 Stream edges 0.00 7/17/2018 Swimming pools 0.00 Sidewalk centerlines 0.00 Sidewalk edges 0.00 Tree canopy 0.00 Unpaved road edges 0.00 Total $0.00 SDCP 2019 Project Total 1 $5,523.20 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 FIFiscal Year orl—V71 After Delivery Payment Years FY 2019-20 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). III. 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. 7/17/2018 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 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, 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. 7/17/2018 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS �i 07/17/2018 Mike Eastland Date Executive Director 616 Six Flags Drive, Suite 200 Arlington, Texas 76011 CITY OF ANNA Signature Name: Title: Street Add City, State, 7/17/2018 Date APPROVED AS TO FORM: APPENDIX A NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS 7/17/2018 ), <�)Ofq_ ff &go MAIN CONTACT ADDITIONAL CONTACT Name: Shelley Broyles Brian Lister Title: GIS Project Coordinator Senior Research Data Analyst 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 F(817) 640-4428 :(8:1:7):6:9:5:-:91:5::3::::1:(:8:1:7):64:0-4428 E-mail: sbroyles@nctcog.org blister@nctcog.org 7/17/2018 ), <�)Ofq_ ff &go