Loading...
R-02-03-14-13C1 - 3/14/2002RESOLUTION NO. R- 02- 03- 14 -13C1 WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Contract for Orthophotography with the Capital Area Planning Council for Air Photography Mapping Updates of the SH 45 - La Frontera area of Round Rock, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Contract for Orthophotography with the Capital Area Planning Council, a copy of said Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of Ma S T: CHRISTINE R. MARTINEZ, City Secretar : iOUMA\ WORL00%\ O : \W UOY \RRSOLUTI \R20214C1.WPO / Rc R'T A. STLUKA, ""., Mayor City of Round Rock, Texas '14 1 CAPITAL AREA PLANNING COUNCIL INTERLOCAL CONTRACT FOR ORTHOPHOTOGRAPHY Art. 1. Parties and Purpose 1.1. The Capital Area Planning Council ( "CAPCO ") is a regional planning commission and political subdivision of the State of Texas organized and operating under the Texas Regional Planning Act of 1965, as amended, chapter 391 of the Local Government Code. 1.2. The City of Round Rock (the "City") is a Texas home -rule municipality that is seeking to obtain orthophotography mapping services. 1.3. CAPCO has contracted with Sanborn Colorado L.C.C. ( "Sanborn ") to provide orthophotography services. This contract is entered into between CAPCO and the City under chapter 791 of the Government Code so that the City can contribute to the cost of CAPCO's contract with Sanbom and Sanborn can provide the City with additional orthophotography mapping. Art. 2. Goods and Services 2.1. CAPCO agrees to furnish the City the orthophotography mapping prepared by Sanborn for the City under its contract with CAPCO. The orthophotography mapping specifications and timetable for delivery are described in the Attachment to this contract. Art. 3. Contract Price and Payment Terms 3.1. The City agrees to compensate CAPCO in the total amount of not to exceed $ 9,598.32 for goods and services furnished the City under this contract. The City represents that it has current revenues available on the effective date of this contract to make all payments required by this contract. 3.2. The City agrees to pay CAPCO the total contract price in installments as work is completed and invoiced. 3.3. CAPCO agrees to invoice the City for the payments when due under paragraph 3.2, and the City agrees to pay CAPCO the invoiced amount within 30 calendar days from the date of the invoice. Art. 4. Effective Date and Term of Contract 4.1. This contract takes effect on the date it is signed on behalf of CAPCO and it ends, unless sooner terminated under Art. 6, on September 30, 2002. Art. 5. Nondiscrimination and Equal Opportunity EXHIBIT 1 "An 5.1. CAPCO and the City shall not exclude anyone from participating under this contract, deny anyone benefits under this contract, or otherwise unlawfully discriminate against anyone in carrying out this contract because of race, color, religion, sex, age, disability, handicap, or national origin. Art. 6. Early Termination of Contract 6.1. If CAPCO or the City breaches a material provision of this contract, the other may notify the breaching party describing the breach and demanding corrective action. The breaching party has five business days from its receipt of the notice to correct the breach, or to begin and continue with reasonable diligence and in good faith to correct the breach. If the breach cannot be corrected within a reasonable time, despite the breaching party's reasonable diligence and good faith effort to do so, the parties may agree to terminate the contract or either party may invoke the dispute resolution process of Art. 7. 6.2. If the City fails to pay CAPCO the full contract price set out in paragraph 3.1, CAPCO and Sanborn jointly own with the City any goods and services provided the City but not paid for. Joint ownership of these goods and services is automatically established among CAPCO, Sanborn, and the City at the time of termination for nonpayment under paragraph 6.1 and continues until Sanbom is paid in full for the goods and services provided, at which time the City becomes the sole owner of the goods and services. 6.3. Termination for breach under paragraph 6.1 does not waive either party's claim for damages resulting from the breach, Art. 7. Dispute Resolution 7.1. The parties desire to resolve disputes arising under this contract without litigation. Accordingly, if a dispute arises, the parties agree to attempt in good faith to resolve the dispute between themselves. To this end, the parties agree not to sue one another, except to enforce compliance with this Art. 7, until they have exhausted the procedures set out in this Article. 7.2. At the written request of either party, each party shall appoint one nonlawyer representative to negotiate informally and in good faith to resolve any dispute arising under this contract. The representatives appointed shall determine the location, format, frequency, and duration of the negotiations. 7.3. If the representatives cannot resolve the dispute within 30 calendar days after the first negotiation meeting, the parties agree to refer the dispute to the Dispute Resolution Center of Austin for mediation in accordance with the Center's mediation procedures by a single mediator assigned by the Center. Each party shall pay half the cost of the Center's mediation services. 7.4. The parties agree to continue performing their duties under this contract, which are unaffected by the dispute, during the negotiation and mediation process. 2 Art. 8 Notice to Parties 8.1. Notice to be effective under this contract must be in writing and received by the party against whom it is to operate. Notice is received by a party: (1) when it is delivered to the party personally; (2) on the date shown on the return receipt if mailed by registered or certified mail, return receipt requested, to the party's address specified in paragraph 8.2 and signed on behalf of the party; or (3) three business days after its deposit in the United States mail, with first -class postage affixed, addressed to the party's address specified in paragraph 7.2. 8.2. CAPCO's address is 2512 IH -35, South, Suite 220, Austin, TX 78704, Attention: Betty Voights, Executive Director. The City's address is 221 E. Main Street, Round Rock , Texas 78664, Attention: Bob Bennett, City Manager. 8.3. A party may change its address by providing notice of the change in accordance with paragraph 8.1. Art. 9. Miscellaneous 9.1. Each individual signing this contract on behalf of a party warrants that he or she is legally authorized to do so and that the party is legally authorized to perform the obligations undertaken. 9.2. This contract states the entire agreement of the parties, and an amendment to it is not effective unless in writing and signed by all parties. 9.4. This contract is binding on and inures to the benefit of the parties' successors in interest. 9.5. Sanborn is a third -party beneficiary of this contract. 9.6. This contract is executed in duplicate originals. CITY OF GEORGETOWN, TEXAS CAPITAL AREA PLANNING COUNCIL By 13y Robert A. Stluka, Jr. Betty Voights Mayor Executive Director Date Date 3 ATTACHMENT: DESCRIPTION OF GOODS AND SERVICES AND TIMETABLE 4 Square Miles $ per /mile Total Fee 8 $585.13 $4,681.04 8 Minus the CAPCO Contribution $41.59 $332.72 SubTotal City of Round Rock Fee = $4,3,48.32 Tiles $ per /tile Total Fee 3 $1.750.00 $5,250.00 Subtotal City of Round Rock Fee = $5.250.00 Grand Total $9598.32 0 SAN BORN CO . RADO Capital Area Planning Council CAPCO ORTHO UPDATE FEE SCHEDULE - ROUND ROCK As requested by the RFP, Section 6.2, and Sanborn Colorado's Proposal, Section 5, the following table of service options indicates the services selected by the City of Round Rock. 12 inch .ixel B &W Ortho.hoto 199.32 Per s.. mile 12 inch .ixel Color Ortho.hoto 217.49 Per s.. mile 12 inch .ixel Color Infrared Ortho.hoto 226.87 Per s.. mile 12inch .ixel Multis.ectral Orthoima.e NO BID Per s.. mile lf' r1LL1s11 .itsatteaulittu. 10' Contours from 24 inch .ixel ima.e DEM's /DTM's 56.02 Per s.. mile 5' Contours from 12 inch .ixel ima.e DEM's/DTM's 296.08 Per s.. mile 2' Contours from 6 inch .ixel ima.e DEM's / DTM's 952.37 Per s.. mile PRICING NOTES 1. See the Attached Map Diagram for the shape and extents of the coverage for the services selected. Fee Calculation: Response to Ground Control, Aerial Photography, Digital Orthophoto and Contour Line Production CO30 01 Z 001, Senbom Cobh.. L.L.C, ALL RIGHTS RESERVED 5 -1 DATE: March 8, 2002 SUBJECT: City Council Meeting — March 14, 2002 ITEM: 13.C.1. Consider a resolution authorizing the Mayor to execute an Interlocal Contract for Orthophotography with the Capital Area Planning Council for air photography mapping updates of the SH 45 - La Frontera area. Resource: Joe Vining, Planning Director History: In 2001, the City and CAPCO entered into an inter -local agreement to fly the entire ETJ (approximately 90 square miles). The contract was completed in September 2001. Since that time, rapid growth, and construction of SH 45 has taken place. The opportunity to update the SH 45 corridor and the La Frontera area now exist, as CAPCO is photo mapping all of the 10 counties in the CAPCO region. The scale of that photography is not as precise at the 2001 photography the City obtained from the 2001 Mapping Project. Thus, the City would be required to pay the costs of the higher precision photography for SH 45 and La Frontera, but yet benefits by receiving all of the 2002 Mapping Project photography for Williamson County. Funding: Cost: $9,598.32 Source of Funds: 1996 General Obligation Bonds Outside resources: Capital Area Planning Council Impact: None. Benefit: Planning, Fire, Public Works and other departments will benefit with their mapping programs and current data with updated information captured from the new photography. Public Comment: None required. Sponsor: Planning and Community Development Department CAPITAL AREA PLANNING COUNCIL INTERLOCAL CONTRACT FOR ORTHOPHOTOGRAPHY Art. 1. Parties and Purpose Art. 2. Goods and Services Art. 3. Contract Price and Payment Terms Art. 4. Effective Date and Term of Contract Art. 5. Nondiscrimination and Equal Opportunity ORIGINAL 1.1. The Capital Area Planning Council ( "CAPCO ") is a regional planning commission and political subdivision of the State of Texas organized and operating under the Texas Regional Planning Act of 1965, as amended, chapter 391 of the Local Government Code. 1.2. The City of Round Rock (the "City ") is a Texas home -rule municipality that is seeking to obtain orthophotography mapping services. 1.3. CAPCO has contracted with Sanborn Colorado L.C.C. ("Sanborn") to provide orthophotography services. This contract is entered into between CAPCO and the City under chapter 791 of the Government Code so that the City can contribute to the cost of CAPCO's contract with Sanborn and Sanborn can provide the City with additional orthophotography mapping. 2.1. CAPCO agrees to furnish the City the orthophotography mapping prepared by Sanborn for the City under its contract with CAPCO. The orthophotography mapping specifications and timetable for delivery are described in the Attachment to this contract. 3.1. The City agrees to compensate CAPCO in the total amount of not to exceed $9,598.32 for goods and services furnished the City under this contract. The City represents that it has current revenues available on the effective date of this contract to make all payments required by this contract. 3.2. The City agrees to pay CAPCO the total contract price in installments as work is completed and invoiced. 3.3. CAPCO agrees to invoice the City for the payments when due under paragraph 3.2, and the City agrees to pay CAPCO the invoiced amount within 30 calendar days from the date of the invoice. 4.1. This contract takes effect on the date it is signed on behalf of CAPCO and it ends, unless sooner terminated under Art. 6, on September 30, 2002. 5.1. CAPCO and the City shall not exclude anyone from participating under this contract, deny anyone benefits under this contract, or otherwise unlawfully discriminate against anyone in carrying out this contract because of race, color, religion, sex, age, disability, handicap, or national origin. Art. 6. Early Termination of Contract 6.1. If CAPCO or the City breaches a material provision of this contract, the other may notify the breaching party describing the breach and demanding corrective action. The breaching party has five business days from its receipt of the notice to correct the breach, or to begin and continue with reasonable diligence and in good faith to correct the breach. If the breach cannot be corrected within a reasonable time, despite the breaching party's reasonable diligence and good faith effort to do so, the parties may agree to terminate the contract or either party may invoke the dispute resolution process of Art. 7. 6.2. If the City fails to pay CAPCO the full contract price set out in paragraph 3.1, CAPCO and Sanborn jointly own with the City any goods and services provided the City but not paid for. Joint ownership of these goods and services is automatically established among CAPCO, Sanborn, and the City at the time of termination for nonpayment under paragraph 6.1 and continues until Sanborn is paid in full for the goods and services provided, at which time the City becomes the sole owner of the goods and services. 6.3. Termination for breach under paragraph 6.1 does not waive either party's claim for damages resulting from the breach, Art. 7. Dispute Resolution 7.1. The parties desire to resolve disputes arising under this contract without litigation. Accordingly, if a dispute arises, the parties agree to attempt in good faith to resolve the dispute between themselves. To this end, the parties agree not to sue one another, except to enforce compliance with this Art. 7, until they have exhausted the procedures set out in this Article. 7.2. At the written request of either party, each party shall appoint one nonlawyer representative to negotiate informally and in good faith to resolve any dispute arising under this contract. The representatives appointed shall determine the location, format, frequency, and duration of the negotiations. 7.3. If the representatives cannot resolve the dispute within 30 calendar days after the first negotiation meeting, the parties agree to refer the dispute to the Dispute Resolution Center of Austin for mediation in accordance with the Center's mediation procedures by a single mediator assigned by the Center. Each party shall pay half the cost of the Center's mediation services. 7.4. The parties agree to continue performing their duties under this contract, which are unaffected by the dispute, during the negotiation and mediation process. 2 Art. 8 Notice to Parties 8.1. Notice to be effective under this contract must be in writing and received by the party against whom it is to operate. Notice is received by a party: (1) when it is delivered to the party personally; (2) on the date shown on the return receipt if mailed by registered or certified mail, return receipt requested, to the party's address specified in paragraph 8.2 and signed on behalf of the party; or (3) three business days after its deposit in the United States mail, with first -class postage affixed, addressed to the party's address specified in paragraph 7.2. 8.2. CAPCO's address is 2512 IH -35, South, Suite 220, Austin, TX 78704, Attention: Betty Voights, Executive Director. The City's address is 221 E. Main Street, Round Rock , Texas 78664, Attention: Bob Bennett, City Manager. 8.3. A party may change its address by providing notice of the change in accordance with paragraph 8.1. Art. 9. Miscellaneous 9.1. Each individual signing this contract on behalf of a party warrants that he or she is legally authorized to do so and that the party is legally authorized to perform the obligations undertaken. 9.2. This contract states the entire agreement of the parties, and an amendment to it is not effective unless in writing and signed by all parties. 9.4. This contract is binding on and inures to the benefit of the parties' successors in interest. 9.5. Sanborn is a third -party beneficiary of this contract. 9.6. This contract is executed in duplicate originals. CITY OF GEORGETOWN, TEXAS CAPITAL AREA PL NNING COUNCIL Mayor Date 8 - /q'"o n By / � Bf oigh Executive D ir tor 3 Date 5--1 Z - ATTACHMENT: DESCRIPTION OF GOODS AND SERVICES 4 Square Miles $ per /mile 3737 Per sq. mile Total Fee 8 $585.13 24 inch pixel Color Infrared Orthophoto $4,681.04 8 Minus the CAPCO Contribution $41.59 $ $332.72 SubTotal City of Round Rock Fee = $4,3,48.32 Tiles $ per /tile 12 inch pixel Color Orthophoto Total Fee 3 $1.750.00 $5,250.00 6 inch pixel B&W Orthophoto Subtotal City of Round Rock Fee = $5.250.00 $ Grand Total 6 inch pixel Color Infrared Orthophoto $9598.32 24 inch Piki II KW Orthophoto $ 3737 Per sq. mile 24 Inch pixel Color Orthophoto $ 41:59 ' sq. Mlle 24 inch pixel Color Infrared Orthophoto $ 43.05 Per sq. mile 24 inch pixel Multispectral Ortioima ie $ NO BID Per sq. mile 12 inch pixel B &W Orthophoto $ $ $ $ 199.32 Per sq. mile 217.49 Per sq. mile 226.87 Per sq. mile NO BID Per sq. mile 12 inch pixel Color Orthophoto 12 inch pixel Color Infrared Orthophoto 12inch pixel Multispectral Orthoimage 6 inch pixel B&W Orthophoto $ 500.43 Per sq. mile 6 inch pixel Color Orthophoto $ 585.13 Per sq. mile 6 inch pixel Color Infrared Orthophoto $ 595.09 Per sq. mile 6 Inch pixel Multispectral Orthoimage $ NO BID Per sq. mile 10' Contours from 24 inch pixel imagery DEM's /DTM's $ $ 56.02 Per sq. mile 296.08 Per sq_ mile 952.37 Per sq. mile 5' Contours from 12 inch pixel imagery DEM'sIDTM's 2' Contours from 6 inch pixel imagery DEM'sIDTM's $ 0 SAN BORN COLORADO (. Capital Area Planning Council Oft CAPCO ORTHO UPDATE FEE SCHEDULE - ROUND ROCK As requested by the RFP, Section 6.2, and Sanborn Colorado's Proposal, Section 5, the following table of service options indicates the services selected by the City of Round Rock. PRICING NOTES 1. See the Attached Map Diagram for the shape and extents of the coverage for the services selected. Fee Calculation: Response to Ground Control, Aerial Photography, Digital Orthophoto and Contour Line Production Cop, 1pl,Y 3001. Sanborn Colorado, L.L.C.. ALL RIGHTS RESERVED 5 -t ,∎ A CITY OF ROUND ROCK i ps .t Mayor Robert A. Stlaka, Jr. Mayor Pro-tem Tom Nielson Council Members Alan McGraw Carrie Pitt Earl Palmer Isabel Callahan Gary Coe City Manager Roberti,. Bennett. Jr City Attorney Stephan L. Sheets March 19, 2002 Ms. Betty Voights Executive Director CAPCO 2512 11-1 -3 5, South, Suite 220 Austin, TX 78704 Dear Ms- Voights: 221 East Main Street Round Rock, Texas 78664 512 -218 -5400 The Round Rock City Council approved Resolution No. R- 02- 03- 14,13C1 at their regularly scheduled meeting on March 14, 2002. This resolution approves an Interlocal Contract for Orthophotography with the Capital Area Planning Council. Enclosed is a copy of the resolution and the original Contract for your files. If you have any questions, please do not hesitate to contact Aaron Norby at 218 -5423. S ncerely, Christine R. Martinez City Secretary Enclosure Fax: 512 -218 -7097 1-800- 735 -2989 TDD 1 -800- 735 -2988 Voice www.around-rock.tx.us