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HomeMy WebLinkAbout15.F.2. Aerial Photography-Cost Participation IS. F ;L . CITY OF SHAKOPEE C 0 tY 5 e IV T Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Aerial Photography - Cost Participation DATE: April 28, 2003 INTRODUCTION: The Council is asked to approve a cooperative agreement with Scott County to provide for aerial photography and digital mapping for Shakopee. BACKGROUND: The Scott County Community Development Department has coordinated an aerial photography contract of all of Scott County, which will provide for photos that can be used in GIS, digital mapping, and other planning exercises. The total cost of the project is $472,000. Last year, Scott County made cities aware of the project, but at that time did not have a final cost. Since then, they have assigned cost participation assistance from the cities ofthe County, two major watershed districts, MnDOT, and the Shakopee Mdewakanton Sioux Community, to offset proportional costs. The jurisdictions have been sent cooperative agreements; the individual jurisdictional costs are as follows: Belle Plaine $10,000 Jordan $10,000 New Prague $12,000 Prior Lake $30,000 Savage $20,000 SWCD $10,000 Prior Lake Spring Lake Watershed District $10,000 MnDOT $46,000 Shakopee Mdewakanton Sioux Community $20,000 Shakopee's share is now known to be $18,000; a total of$ll,OOO was budgeted in the Shakopee Community Development and Engineering Department budgets for this purpose in FY 2003. BUDGET IMPACT: As stated above, $11,000 is provided in the budget for FY 03. The balance of $7,000 is recommended to come from the Council Contingency Fund. $50,000 was provided in the FY 03 Council contingency line item. This would reduce that to approximately $34,600, after factoring in the cost of the reconstruction of the City Hall receptionist desk approved at the last meeting. RECOMMENDATION: I recommend that the City enter into the cooperative agreement. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize the appropriate officials to execute the cooperative agreement for aerial photography and digital mapping services with Scott County. _J~~ ~..MiJJ Mark McNeill City Administrator MM:th ~ COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF SCOTT AND THE CITY OF SHAKOPEE FOR COST SHARING OF AERIAL PHOTOGRAPHY AND DIGITAL MAPPING SERVICES This Agreement is made and entered into between Scott County, a body politic and corporate under the laws of the State of Minnesota, hereinafter "County"; and the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota, hereinafter "City". WHEREAS, the County requires aerial photography and digital mapping services for planning/facility management/preliminary design and floodplain mapping activities; and WHEREAS, the County is contracting for aerial photography and digital mapping services for the Shakopee area; and WHEREAS, the parties desire to share the costs of said services and the benefits therefrom. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: 1. SCOPE OF AGREEMENT 1.1. Purpose. The general purpose of this Agreement is to establish the terms of cost and benefit sharing in obtaining aerial photography and digital mapping for areas as described in Exhibit A. 1.2. Recitals. The recitals set forth in the whereas clauses above are incorporated by reference as if fully set forth herein. . 1.3. Coooeration. The parties shall cooperate and use their reasonable efforts to ensure the most expeditious implementation of the various provisions of this Agreement. The parties agree to, in good faith, undertake resolution of any disputes in an equitable and timely manner. 1.4. Term. This Agreement shall be in effect from the date of execution by all parties, or from the commencement of services hereunder, whichever is first, and shall continue in effect until terminated in accordance with the provisions herein. 2. DEFINITIONS. Unless the language or context clearly indicates that a different meaning is intended, the following words, terms and phrases, when capitalized, shall have the following meaning: Page 1 Data Base: A geographical Data Base in digital form which incorporates planimetric and contour features of the County and which was designed and developed to be used with ARC/INFO, ARCVIEW AND AUTOCAD software. Horizontal Ground Control: A point on the ground that is identified on the photograph and is used to fix the position of the photograph in latitude and longitude (X and Y). Vertical Ground Control: A point on the ground that is identified on the photograph and is used to fix the elevation of the photograph in altitude (Z). 3. PURCHASE OF SERVICES 3,l. County Agreement. The aerial photography and digital mapping obtained shall be governed by the terms of a separate contract between the County and Markhurd. (See Exhibit A) 3.2. Non-exclusive. Nothing inthis Agreement or in the contract between the County and Markhurd referenced above shall be interpreted to prohibit any of the parties from purchasing servi-ces, products or data directly from the contractor at their own expense. 4. COST SHARING 4.1. Costs. The City's share of the costs for the services and products produced as a result of the contract referenced in paragraph 3.1 shall be as follows: City of Shakopee $18,000.00 4.2, Fiscal Agent. The County shall be the fiscal agent for purposes of this Agreement. The contractor providing aerial photography and digital mapping services pursuant to the terms of the contract referenced in paragraph 3.1 shall submit invoices to the County who shall make payment to the contractor. The City shall deposit with the Scott County Treasurer the City's share of the aerial photography and digital mapping costs within thirty (30) days after award of the contract and execution of this Agreement. 5. ADDITIONAL OBLIGATIONS OF THE PARTIES 5.l. Contract Manager. The County shall be the contract manager for the purposes of the Agreement. All contacts and correspondence with the contractor shall be submitted and received through the County. Information received by the County from the contractor shall be disbursed promptly to the City. 5.2. Ground Control. In preparation for contractor's services, the County shall be responsible for targeting and horizontal and vertical ground control. Page 2 5.3 Ownership. Ownership of the database shall be held by the County. Scott County shall exercise, on behalf of itself, all rights of ownership, title and control to the database under federal copyright law or other law relating to confidential and/or trade secret information. The parties agree that the development of the database required the skilled efforts of professionals in its design and compilation and that the end product is the result of the original work of the County, its employees and agents, Parties to this Agreement may copy and use data so long as such use is consistent with the terms of this Agreement and for internal purposes only. 5.4 Distribution of Data. Data or products obtained under the terms of this Agreement may be sold to persons or entities not party to this Agreement at prices to be set by the County. The City and its employees, consultants, or agents may combine the data or products obtained under the terms of this Agreement with different data to create new and original electronic or hardcopy product which the City can use without limitation. However, the City and its employees, consultants, or agents shall not reproduce or 'duplicate the data or products obtained under the terms of this Agreement in electronic form for licensing or distribution in any manner, except iLmaycreate a reasonable number of electronic backup copies Jor its internal use by its employees,consultants, or agents. 5.5. License Agreements. Distribution of data obtained through this Agreement shall comply with Scott County licensing agreements for said data. Parties to this Agreement may copy and use data so long as such use is for internal purposes only. 5.6. Disclaimer. Distribution of maps created from data obtained through this Agreement shall contain a disclaimer as follows: This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information and data from various city, county and state offices and other sources. This document should be used for reference only. No representation is made that features presented accurately reflect true location. Scott County, or any other entity from whom data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the Scott County Surveyor's Office. 6, INDEMNIFICATION 6.1. Liability. Each party to this Agreement shall be liable for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. Liability of the County or other Minnesota political subdivisions shall be governed by the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws. 7, SUCCESSORS Page 3 Each party binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this Agreement. 8. DEFAULT Force Maieure. No party shall be held responsible for delay or failure to perform when such delay or failure is due to any of the following unless the act or occurrence could have been foreseen and reasonable action could have been taken to prevent the delay or failure: fire, flood, epidemic, strikes, wars, acts of God, unusually severe weather, acts of public authorities, or delays or defaults caused by public carriers; provided the defaulting party gives notice as soon as possible to the other party of the inability to perform. 9, TERMINATION 9.1 With or Without Cause. This Agreement may be terminated with or without cause upon thirty (30) days written notice. 92; Written Notice of Termination; Notice of Termination shall be made by certified mail or personal delivery to the Authorized Representative of the party. Not i ce i s--deem edeffecti ve upon delivery of the Notice of Termination to the party's Authorized Representative. Notice shall include a certified copy of the resolution of the governing board indicating its intent to terminate the Agreement. 9.3. Effect of Termination. Termination of this Agreement shall not discharge any liability, responsibility or right of any party which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. Nor shall termination discharge any obligation which by its nature would survive after the date of termination, including by way of illustration only and not limitation, Standard Assurances attached hereto. A terminating party shall pay its share of the costs incurred for the project through the date of termination. If payment is not made in accordance with the terms of this Agreement, a party shall return all data and information in their possession for which payment has not been made and shall destroy all copies thereof, 10, CONTRACT RIGHTS/REMEDIES 10,1. Rights Cumulative. All remedies available to a party under the terms of this Agreement or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 10.2. Waiver, The waiver of any default by a party, or the failure to give notice of any default, shall not constitute a waiver of any subsequent default or be deemed to be a failure to give such notice with respect to any subsequent default. Page 4 11. REPRESENTATIVES 11.1. Authorized Representative. The following named persons are designated the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to' bind the party they represent and to consent to modifications and subcontracts, except that (1) as to the County, the Authorized Representative shall have only the authority specifically or generally granted by the County Board; and (2) with respect to the City, the Shakopee City Administrator shall have only the authority specifically or generally granted by the City Council. Notification required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement. City: - County: Mark McNeill David J. Unmacht Shakopee GityAdministrator Scott County Administrator 129 Holmes Street South 200 Fourth Avenue West Shakopee, MN 55379 Shakopee, MN 55379 Phone: (952) 233-3800 Phone: (952) 445- 7750 11.2 Liaison. To assist the parties in the day-to-day performance of this Agreement and to develop service, ensure compliance and provide ongoing consultation, a liaison shall be designated by the City and the County. The parties shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement the following persons are designated liaisons: City Liaison: City Administrator/ Designee Phone Number: (952) 233-3800 County Liaison: James L. Hentges Phone Number: (952) 496-8362 12. MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, and signed by the authorized representatives. 13, SEVERABILITY Page 5 The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to any party. 14. DATA PRACTICES County and City and their agents and employees agree to abide by the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. 15. RECORDS. AVAILABILITY AND RETENTION Complete and accurate records of the work performed pursuant to this agreement shall be kept by the parties for a minimum of six years following termination of this agreement. The retention period shall be automatically extended during the course of any administrative or judicial action involving the parties regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is finally completed. Pursuant to Minn. Stat. Section 168.06, Subd. 4, the books, records, documents, and accounting procedures and practices of the parties relative to this Agreement shalf be subject to examination by the parties and the State Auditor. 16. ENTIRE AGREEMENT This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. Page 6 IN WITNESS WHEREOF, THE PARTIES HA VE CAUSED THISAGREEMENT TO BE EXECUTED: SCOTT COUNTY CITY OF SHAKOPEE By By Jon Ulrich William P. Mars Chair, Scott County Board of Commissioners Mayor ATTEST By David J. Unmacht Mark McNeill Scott County Administrator City Administrator By Judy Cox City Clerk DATE ,2003 DATE ,2003 APPROVED AS TO FORM: Scott County Attorney Pat Ciliberto w: \ word\surveyor\200 3 a eri a If I i ght\fi na Icooper ativea greements \Sha k. A GRO 3, doc Page 7 Shakopee Areas to be Mapped 1 0 1 2 Miles I I Exhibit K " '\ \ ~ , , '~ t J <U ~ .... E W 0 tn -I ij'Cll>>~~~ Go> ~ ~ C ::J I- 0 ~ C ....... .- c ij - :E 0 ~ m u . ....... ~ ~ 0 $ - 0 '" LL " :r: c 0 3 j ~ ~ >< 0 r- ~ U i,",~&>'=_'''''_4~ W ..w ~ ..w 0 ". ~" '.. 8::~~ & U $ en '\ " ~