HomeMy WebLinkAboutRes 2017-09-364 ILA NCTCOG AerialsCITY OF ANNA, TEXAS
RESOLUTION NO. I _no -,y_0 4
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT FOR AERIAL
PHOTOGRAPH SERVICES BETWEEN NORTH CENTRAL TEXAS COUNCIL OF
GOVERNMENTS, AND THE CITY OF ANNA, TEXAS
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, the City Council has determined that the Agreement with North Central Texas
Council of Governments (NCTCOG) to provide aerial photography services will benefit the
residents of the City of Anna, Texas (the "City"); and
WHEREAS, the City has used NCTCOG's aerial photography services since 2009 with
renewals every two years; and
WHEREAS, the City Council has found that it is in the best interest of the City and its citizens
to authorize, ratify and approve the City Manager's execution of the ILA 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 of Anna City Council hereby approves the Interlocal Agreement 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 26nd day of
September, 2017.
ATTEST: ,``��k"''%r_ APPROVED:
Carrie L. Smith, City Secretary <1 ��,• ayor Pro Tem, Justin Burr
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PAGE 1 OF 1
Exhibit 1
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North Central Texas Council of Governments
INTERLOCAL AGREEMENT BETWEEN
THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND
CITY OF ANNA
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 Anna (Entity), wishes to have its map -based information system
include the 2017 digital orthophotography and/or LiDAR and/or derivative 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; 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 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 government 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, NCTCOG and Entity, acting by and through their respective governing bodies,
adopt the foregoing premises as findings of said governing bodies.
NOW, THEREFORE, the parties, Entity and NCTCOG, agree to the following terms and
conditions regarding the creation of digital aerial photography.
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.
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.
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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-
Coverage Area: City of Anna
Square miles = 62
Product
Amount
2017 Orthophotography
$5,270.00
2017 0.5m LiDAR
$ .00
2017 2' Contours
$ .00
2017 Impervious Surface Layer
$ .00
2017 2-D Planimetrics
$ .00
2017 3-D Planimetrics
$ .00
2017 Cooperative Project Total
$5,270.00
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 2017
If a payment term has not been specified, please select FY 2017 or FY 2017-18
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).
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.
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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.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
indicated below.
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
Mike Eastland Date
Executive Director
616 Six Flags Drive, Suite 200
Arlington, Texas 76011
City of Anna
�Si r ate
Name: Ph' P Sanders
Title: City Manager
Street Address: 111 N. Powell Pkwy
City, State, Zip: Anna, Texas 75409
APP�OVEDAS TO FORM:
(I C( ( `C lC_
City Attorney Clark McCo
APPENDIX A
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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
(817) 640-4428
E-mail:
sbroyles@nctcog.org
draybuck@nctcog.org
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