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R-97-11-25-10A - 11/25/1997Mr. Bob Bennett City Manager City of Round Rock 221 East Main Street Round Rock, TX 78664 Attention: Joe Vinning Re: Revised Interlocal Contract for Improved Digital Orthophotography and Planimetric Mapping Dear Mr. Bennett: Capital Area Planning Council 2512 I11 35 South, Suite 220 Austin, Texas 78704 512.443.7653 (fax) 512;143.7658 October 11, 1997 Attached please find two revised copies of the subject Interlocal Contract with attachments for signature by the City of Round Rock. The revised contract reflects a reduction in the number of square miles and related cost of photography and ground controls for which Round Rock is responsible. Our Contract with ASI is being adjusted accordingly. The work described in Attachment A is proposed as an amendment to our existing CAPCO /9 -1 -1 Digital Ortho Contract with Analytical Surveys Inc. Our contract amendment stipulates that the additional work described is subject to Round Rock's financial participation in an amount equal to $78,050.90. A project mobilization fee of $11,707.64 (included in the $78,050.90) is due when signed on behalf of CAPCO. The balance of $66,343.26 is due in installments on delivery of the digital orthophotography and planimetric mapping components. Please sign both copies of the attached contract, keeping a copy for your records, and retum both signed originals together with the mobilization fee to Donald Stence, CAPCO /ASI contract manager. The check for the mobilization fee should be made out to the Capital Area Planning Council. We will sign both copies of the contract and return an original to you. On receipt of the signed contract and mobilization fee, work related to the portion of the project in which Round Rock is financially participating will proceed. Thank you for your participation. etty Voi s, Executiv Direct c: Donald Stence Glenn Roach Bastrop • Blanco • Burnet • Caldwell • Fayette • Hays • Lee • Llano • Travis • Williamson Counties CAPCO January 6, 1998 City of Round Rock Bob Bennett, City Manager 221 E. Main Street Round Rock, TX 78664 Thank you, CAPITAL AREA PLANNING COUNCIL 9 -1 -1 2512 1H 35 South, Suite 204 Austin, Texas 78704 512.9 1 6.6014 (Fax) 512.442.3911 Enclosed is your duplicate original of the Interlocal Contract for Improved Digital Orthophotography and Planimetric Mapping. Please keep this copy for your records Bastrop • Blanco • Burnet • Caldwell • Fayette • Hays • Lee • Llano • Travis • Williamson Counties 11/7/97 CAPITAL AREA PLANNING COUNCIL INTERLOCAL CONTRACT FOR IMPROVED DIGITAL ORTHOPHOTOGRAPHY AND PLANIMETRIC MAPPING 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. CAPCO has developed a Strategic Plan to establish and maintain 9 -1 -1 emergency telephone service in State Planning Region 12, and the Texas Advisory Commission on State Emergency Communications has approved its Plan. 1.2. CAPCO has contracted with Analytical Surveys, Inc. (ASI) to provide orthophotography, ground controls, digital - orthos, and vectorization for implementing the addressing component of the Strategic Plan. 1.3. The City of Round Rock (Public Agency) is a Texas home -rule municipality that is assisting CAPCO in implementing the Strategic Plan, as authorized by chapter 771 of the Health and Safety Code. 1.4. This contract is entered into between CAPCO and Public Agency under chapter 791 of the Government Code so that Public Agency can contribute to the cost of CAPCO's contract with ASI and ASI can provide Public Agency with improved digital orthophotography and planimetric mapping. Goods and Services 2.1. CAPCO agrees to furnish Public Agency the digital orthophotography and planimetric mapping prepared by ASI for Public Agency under its contract with CAPCO. The ortho- photography and mapping specifications are described in Attachment A to this contract. Effective Date and Term of Contract 3.1. This contract takes effect when signed on behalf of CAPCO, and it ends, unless sooner terminated under paragraph 7.1, June 30, 1998. 1 Contract Price and Payment Terms 4.1. Public Agency agrees to pay CAPCO the total amount of $78,050.90 as its contribution to the cost of CAPCO's contract with ASI. Public Agency represents that it has current revenues available to make the required payments under this contract. 4.2. The contract price is payable to CAPCO as follows: (1) $11,707.64 when this contract is signed on behalf of CAPCO. (2) The balance of $66,343.26, in installments, upon delivery to Public Agency of the digital orthophotography and planimetric mapping components as described in Attachment A. 4.3. CAPCO agrees to invoice Public Agency for the payments when due under paragraph 4.2, and Public Agency agrees to pay CAPCO the amount due within 30 calendar days after receiving the invoice. Nondiscrimination and Equal Opportunity 5.1. Public Agency 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. 5.2. If Public Agency procures goods or services with funds made available under this contract, Public Agency agrees to comply with CAPCO's affirmative action procurement policy that is set out in Attachment B to this contract. Dispute Resolution 6.1. 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 paragraphs 6.1 -6.4, until they have exhausted the procedures set out in these paragraphs. 2 11/7/97 6.2. 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. 6.3. 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. 6.4. The parties agree to continue performing their duties under this contract, which are unaffected by the dispute, during the negotiation and mediation process. Termination for Convenience 7.1. Either party may terminate this contract in its entirety for convenience by giving the other notice of intent to terminate. After the notice is received, the parties shall negotiate in good faith the terms and effective date of the termination. In any event, however, this contract terminates 60 calendar days after a party receives the notice of termination. 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) when a party receives a facsimile of the notice, as confirmed by the sender's facsimile machine; (3) 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 (4) 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 8.2. 8.2. CAPCO's address is 2512 IH -35, South, Suite 204, Austin, TX 78704, Attention: Emergency Services Division. 3 11/7/97 CAPCO's telephone number is (512) 443 -7653, and its facsimile number is (512) 442 -3911. Public Agency's address is 221 East Main St., Round Rock, TX 78664, Attention: Director of Planning and Community Development. Public Agency's telephone number is (512) 218 -5415, and its facsimile number is (512) 218 -9097. 8.3. A party may change its address by providing notice of the change in accordance with paragraph 8.1. 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. 9.3. The following Attachments are part of this contract: A. Specifications for Digital Orthophotography and Planimetric Mapping B. CAPCO's Affirmative Action Procurement Policy 9.4. This contract is binding on and inures to the benefit of the parties' successors in interest. CITY Attest: 9.5. This contract is executed in duplicate originals. By Name: y� /� Title: hi4ya . D ROCK, TEXAS CAPITAL aaiotanL] City Secretary c »i6 LAND Miscellaneous By Date 4 PLANN NG COUNCIL =ett • V,% ghtsi xecutive Director /AM ATTACHMENT A. SPECIFICATIONS FOR DIGITAL ORTHOPHOTOGRAPHY AND PLANIMETRIC MAPPING Modify the specifications for the City of Round Rock to have ortho imagery generated from 1" =800' instead of the 1 "= 1,500' scale photography (retaining the base resolution of a 1 foot pixel), and compile the digital terrain model to a 2 foot instead of a 5 foot contour specification (with the understanding that ASI cannot guarantee that the 2 foot contours generated from this work will meet National Map Accuracy Standards). ATTACHMENT B. CAPCO'S AFFIRMATIVE ACTION PROCUREMENT POLICY SMALL, DISADVANTAGED, MINORITY, WOMEN - OWNED AND HISTORICALLY UNDERUTILIZED BUSINESSES: FEDERAL ASSISTANCE OR CONTRACT PROCUREMENT REQUIREMENTS PART A: POLICIES 6-101 Policy Statement: ARTICLE VI It shall be the policy of CAPCO to assist small, DBE, MBE, warren -owned businesses and HUBS in learning how to do business with CAPCO. It shall be the further policy of CAPCO that these sources shall have the maximum feasible opportunity to compete. 6-102 Bidder /Offeror Statement 1. Every solicitation for procurrrrrnt must require that each bidder or offeror include a starch nt that the bidder or offeror will comply with this policy. 6-103 To ensure that CAPCO's policy to assure that small MBEs, DBEs, women -owned businesses, and HIJBs are unii and its contractors and subcontractors should take the following of rrrrative steps: Include qualifcd small MBEs, DBEs, women -owned businesses, and HUBS on the Bidders' List. State lists may be utilized to locate such businesses by contacting the General Services Commission; 2. Assure that small MBEs, DBEs. worren -owned businesses. and HUBS are solicited whenever they may be potential sources. In this regard, the Purchasing Agent should investigate new sources and advertise when feasible in minority publications: 3. When economically feasible, and where not in contravention of competitive bidding rcquircrrrnrs, the Purchasing Agent should divide the total requirements into smaller tasks or quantities so as to permit maximum small MBE, DBE, worrcn -owned businesses and HUB participation: 4. Use the services and assistance of the Small Business Administration, the Office of Minority Business Enterprise of Department of Cornrrercc. the Minority Business Devcloprrrnt Agency in the Department of Labor, the Texas General Services Commission and other similar agencies for locating such businesses: 5. Require that prime contractors take affirmative and meaningful steps towards retaining small, MBE, DBE, worm -owned businesses and HUB subcontractors; 38 6. Procure goods and services from labor surplus areas; 7. If feanole, establish delivery schedules that encourage small, MBEs, DBEs, women -owned businesses, and HUBS to participate; and, , 8. Advertise, at least annually, in a newspaper of general circulation for small, MBEs, DBEs, warren-owned businesses and HUBs to be added to the Bidders' List_ 6-104 For such affirmative steps to be rrraningful, the Purchasing Agent should review all solicitations, oars and bids to confirm that such ainrmativc action steps have been taken In addition, steps should be taken to ensure that once a conoact is awarded to a small, MBE, DBE, worsen -owned business, and/or HUB, or that the award is given to a contractor with such a subcontractor, that such business is retained during the entire performance of the contract. 6-105 Failure ofa contractor to take treaningful affirmative steps at soliciting and retaining small, MBEs, DBEs, warren-owned businesses and HUBS may be considered as a factor in evaluating future bids under non-compliance with public policies; however, this factor may not be a consideration in procurtnents involving purely state or local funds as Texas law requires awards to be made to the lowest responsible bidder. 6-106 For procurerrents costing more than 33,000 but less than 315,000, the Purchasing Agent shall contact at least two HUBS on a rotating basis. PART A: STANDARD OF CONDUCT ARTICLE VII ETHICS 7 -101 No employ= or agent of CAPCO shall participate in the procurement process if a conflict of interest, either teal or apparent, would be involved. An employ= or agent of CAPCO shall at all tirres avoid the appearance of impropriety. 1. A conflict arises when a CAPCO employee or agent, or any member of his/her irnrrrdiatc family, a partner or a person or organization which employs or may employ in thc rear future the employee or agent, has a substantial financial interest in any entity which may be considered for the award. a. "Immediate family" means any person related within the second degree of affinity (marriage) or within the third degree of consanguinity (blood) to thc employee or agent. b. "Substantial financial interest" rrirms the person: (1) owns 10% or more of the voting stock or shares of the entity. or, 19 PART C: VIOLATIONS AND REMEDIES ARTICLE VIII AUDITS 8 -101 Indcpendcnt Audit Requirements 2 (2) owns 10% or more or 55,000. or more of the fair market value of the entity, or, teccived funds from the cntity in excess of 10% of the person's gross income for the previous year or, (4) is related to an individual in the first degree of consanguinity or affinity who has a substantial financial interest in the cntity. (3) 7 -102 An employ= or agent of CAPCO shall not demand, solicit, agn= to arccpt, or arc-pt a gratuity, favor, or anything rise- valucd a more than 325 from a bidder, offeror, contractor, or subcontractor. A biddcr, offeror, contractor, or subcontractor shall not offer, agr= to provide, or provide a gratuity, favor, or anything dsc valued at more than S25 to an employ= or agent of CAPCO. PART B: COURSE OF CONDUCT IN THE EVENT OF A CONFLICT 7 -201 An employ= or agent of CAPCO who knows or should lsow that he or she has a real or apparent conflict of interest, as described in Part A, must: 1. Sign a drriaration of a possible conflict of interest: 2. If applicable, abstain from voting on any procurernt action; and, 3. Abstain from participating in the procurement process. which includes but is not lirnitzd to d+'srussions, lobbying. rating, scoring. rtcommcnding, explaining or assisting in the design or approval of the procurerrcnt proccss. 7 -301 Violations of the provisions of this Article constitutc misconduct, subjecting the violator to disripline undcr CAPCO's personnel politics and to all penalties prescribed by law. 7 -302 An award or contract madc in violation of this article is voidable. CAPCO moat have an audit conducted in accordance with the Single Audit Act of 1984 and federal agency implementing regulations. The audit shall be madc by an independent auditor in accordance with 40 generally an-rpted government auditing standards. 3. When CAPCO subgrants 525,000 or more in a fiscal year to a subgant=, CAPCO shall a determine whether the subgantee has met the Act's ItZttnizrnentS and ensure that prompt corrective action is taken in the event of material non-compliance; b. if no audit is conducted by the subgranttc, determine if expenditures are in accordance with applicable laws and regulations and ensure prompt corrective action is taken in the event of material non - cornplianc; and, c. require each subgrantcc to permit independent auditors to have access to all records and financial statements, as a condition of receiving funds. 4 l Interlocal Cooperation Act, provides that any one or more public agencies may contract with each other for the performance of governmental functions and services under the terms of the Act; and WHEREAS, 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; and WHEREAS, CAPCO has developed a Strategic Plan to establish and maintain 9 - - emergency telephone services in this area; and WHEREAS, CAPCO has contracted with Analytical Surveys, Inc. to provide digital orthophotography and planimetric mapping for implementing the addressing components of the Strategic Plan; and WHEREAS, the City of Round Rock desires to enter into an Interlocal Agreement with CAPCO to provide for improved digital orthophotography and planimetric mapping; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, K:\ WPDXS \ /acg RESOLUTION NO. R- 97- 11- 25 -10A WHEREAS, V.T.C.A., Government Code, Chapter 791, the Texas That the Mayor is hereby authorized and directed to execute on behalf of the City said Interlocal Agreement, a copy of same being attached hereto as Exhibit A. 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, and the Act. RESOLVED this 25th day of November, 1997. ATTEST: ANNE LAND, City Secretary 2 CHARLES CTU ' PPER, Mayor City of Round Rock, Texas Mayor Charles Culpepper Mayor Pro-tem Earl Palmer Council Members Robert Stlaka Rod Morgan Rick Stewart Martha Chaves Jimmy Joseph City Manager RobertL Bennett Jr. City Attorney Stephan L. Sheets CITY OF ROUND ROCK December 17, 1997 Mr. Donald Stence CAPCO /ASI Contract Manager Capital Area Planning Council 2521 IH 35 South, Suite 220 Austin, TX 78704 221 Fast Main Street Round Rock, Texas 78664 512 -218 -5400 Re: Interlocal Contract For Improved Digital Orthophotography and Planimetric Mapping Dear Mr. Stence: The Round Rock City Council approved Resolution No. R- 97- 11- 25 -10A at their regularly scheduled meeting on November 25, 1997. Enclosed is a copy of the resolution, two original contracts, and a check for the mobilization fee in the amount of $11,707.64. Please return one signed original contract. If you have any questions, please do not hesitate to call. Sincerely, Joanne Land Assistant City Manager/ City Secretary Enclosure(s) Fax: 512- 218 -7097 cc: Betty Voights, Executive Director 1- 800 - 735- 2989TDD 1- 800. 735 -2988 Voice 1 CITY OF ROUND ROCK, TEXAS Cheek 065074 SR'VC FOR DI0 ORTHP /PLAN MAP NO p DESCRIPTION THE CITY OF ROUND ROCK 221 E MAIN 51. • ROUND ROCK, TEXAS 78664 PH (512i255 -3612 11109 * * ******* PAY TO THE ORDER OF CAPCO 2512 IH 35 SOUTH STE 220 L AUSTIN, TX 78704 TEXAS COMMERCE BANK, N.A. SAN ANGELO. TEXAS P.O- INVOICE NUMBER NUMBER CHECK DATE 101197 12 -12 -97 065074 AMOUNT OF INVOICE CHECK NO. 11 '06507411• 1 : &LL 3008801: 11. 0630003?? 3 911' 11707.64 0.00 56_88 1113 Eleven thousand seven hundred seven and 64/100 VOID AFTER 90 DAYS ROUND ROCK OPERATING ACCOUNT /7 0650 NET AMOUNT 11707.64 11707. 64 065074 Stephan L. Sheets, Esq. City Attorney City of Round Rock 309 E. Main St. Round Rock, TX 78664 SETH S. SEARCY III ATTORNEY- AT -LAW 504 Congress, Suite 301 Austin, Texas 78701 -3502 (512) 472 -3167 FAX (512) 474 -8558 November 19, 1997 Re: CAPCO - Round Rock planimetric mapping contract Dear Steve: Enclosed are two pages 2 for the referenced contract. Paragraph 5.2 on page 2 is revised to make clear that Round Rock is subject to CAPCO's affirmative action procurement policy only if it makes procurements under the contract. Please substitute the enclosed pages, have both copies of the contract signed on behalf of the City, and return them to Don Stence for CAPCO's execution. Thanks for your help. cc: Don Stence Sincerely, Seth S. Searcy 11 -20 -1997 RCVD 11/7/97 CAPCO's telephone number is (512) 443 -7653, and its facsimile number is (512) 442 -3911. Public Agency's address is 221 East Main St., Round Rock, TX 78664, Attention: Director of Planning and Community Development. Public Agency's telephone number is (512) 218 -5415, and its facsimile number is (512) 218 -9097. 8.3. A party may change its address by providing notice of the change in accordance with paragraph 8.1. Attest: [Assistant] City Secretary 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. 9.3. The following Attachments are part of this contract: A. Specifications for Digital Orthophotography and Planimetric Mapping B. CAPCO's Affirmative Action Procurement Policy 9.4. This contract is binding on and inures to the benefit of the parties' successors in interest. 9.5. This contract is executed in duplicate originals. CITY OF ROUND ROCK, TEXAS CAPITAL AREA PLANNING COUNCIL By By Betty Voights Name: Executive Director Title: Date 4 RESOLUTION NO. R- 97- 11- 25 -10A WHEREAS, V.T.C.A., Government Code, Chapter 791, the Texas Interlocal Cooperation Act, provides that any one or more public agencies may contract with each other for the performance of governmental functions and services under the terms of the Act; and WHEREAS, 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; and WHEREAS, CAPCO has developed a Strategic Plan to establish and maintain 9 -1 -1 emergency telephone services in this area; and WHEREAS, CAPCO has contracted with Analytical Surveys, Inc. to provide digital orthophotography and planimetric mapping for implementing the addressing components of the Strategic Plan; and WHEREAS, the City of Round Rock desires to enter into an Interlocal Agreement with CAPCO to provide for improved digital orthophotography and planimetric mapping; 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 said Interlocal Agreement, a copy of same being attached hereto as Exhibit A. 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 K;\ WPOOCS \RESOLLTI \RS71125A.WPD /scg 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, and the Act. RESOLVED this 25th day of November, 1997. ATTEST: ANNE LAND, City Secretary 2 CHARLES C LiorPPER, Mayor City of Round Rock, Texas 11/7/97 CAPITAL AREA PLANNING COUNCIL INTERLOCAL CONTRACT FOR IMPROVED DIGITAL ORTHOPHOTOGRAPHY AND PLANIMETRIC MAPPING 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. CAPCO has developed a Strategic Plan to establish and maintain 9 -1 -1 emergency telephone service in State Planning Region 12, and the Texas Advisory Commission on State Emergency Communications has approved its Plan. 1.2. CAPCO has contracted with Analytical Surveys, Inc. (ASI) to provide orthophotography, ground controls, digital - orthos, and vectorization for implementing the addressing component of the Strategic Plan. 1.3. The City of Round Rock (Public Agency) is a Texas home -rule municipality that is assisting CAPCO in implementing the Strategic Plan, as authorized by chapter 771 of the Health and Safety Code. 1.4. This contract is entered into between CAPCO and Public Agency under chapter 791 of the Government Code so that Public Agency can contribute to the cost of CAPCO's contract with ASI and ASI can provide Public Agency with improved digital orthophotography and planimetric mapping. Goods and Services 2.1. CAPCO agrees to furnish Public Agency the digital orthophotography and planimetric mapping prepared by ASI for Public Agency under its contract with CAPCO. The ortho- photography and mapping specifications are described in Attachment A to this contract. Effective Date and Term of Contract 3.1. This contract takes effect when signed on behalf of CAPCO, and it ends, unless sooner terminated under paragraph 7.1, June 30, 1998. 1 Contract Price and Payment Terms 4.1. Public Agency agrees to pay CAPCO the total amount of $78,050.90 as its contribution to the cost of CAPCO's contract with ASI. Public Agency represents that it has current revenues available to make the required payments under this contract. 4.2. The contract price is payable to CAPCO as follows: (1) $11,707.64 when this contract is signed on behalf of CAPCO. (2) The balance of $66,343.26, in installments, upon delivery to Public Agency of the digital orthophotography and planimetric mapping components as described in Attachment A. 4.3. CAPCO agrees to invoice Public Agency for the payments when due under paragraph 4.2, and Public Agency agrees to pay CAPCO the amount due within 30 calendar days after receiving the invoice. Nondiscrimination and Equal Opportunity 5.1. Public Agency 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. 5.2. If Public Agency procures goods or services with funds made available under this contract, Public Agency agrees to comply with CAPCO's affirmative action procurement policy that is set out in Attachment B to this contract. Dispute Resolution 6.1. 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 paragraphs 6.1 -6.4, until they have exhausted the procedures set out in these paragraphs. 2 11/7/97 6.2. 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. 6.3. 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. 6.4. The parties agree to continue performing their duties under this contract, which are unaffected by the dispute, during the negotiation and mediation process. Termination for Convenience 7.1. Either party may terminate this contract in its entirety for convenience by giving the other notice of intent to terminate. After the notice is received, the parties shall negotiate in good faith the terms and effective date of the termination. In any event, however, this contract terminates 60 calendar days after a party receives the notice of termination. 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) when a party receives a facsimile of the notice, as confirmed by the sender's facsimile machine; (3) 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 (4) 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 8.2. 8.2. CAPCO's address is 2512 IH -35, South, Suite 204, Austin, TX 78704, Attention: Emergency Services Division. 3 11/7/97 CAPCO's telephone number is (512) 443 -7653, and its facsimile number is (512) 442 -3911. Public Agency's address is 221 East Main St., Round Rock, TX 78664, Attention: Director of Planning and Community Development. Public Agency's telephone number is (512) 218 -5415, and its facsimile number is (512) 218 -9097. 8.3. A party may change its address by providing notice of the change in accordance with paragraph 8.1. 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. 9.3. The following Attachments are part of this contract: 9.4. This contract is binding on and inures to the benefit of the parties' successors in interest. CITY ,' D ROCK, TEXAS CAPITAL AREA PLANNING COUNCIL BY .. BY Name: H11 n Z Ca /° try Title: y0. Attest: A. Specifications for Digital Orthophotography and Planimetric Mapping B. CAPCO's Affirmative Action Procurement Policy 9.5. This contract is executed in duplicate originals. City Secretary DUNE / AA10 Miscellaneous Date 4 Betty Voights Executive Director ATTACHMENT A. SPECIFICATIONS FOR DIGITAL ORTHOPHOTOGRAPHY AND PLANIMETRIC MAPPING Modify the specifications for the City of Round Rock to have ortho imagery generated from 1" =800' instead of the 1 "= 1,500' scale photography (retaining the base resolution of a 1 foot pixel), and compile the digital terrain model to a 2 foot instead of a 5 foot contour specification (with the understanding that ASI cannot guarantee that the 2 foot contours generated from this work will meet National Map Accuracy Standards). ATTACHMENT B. CAPCO'8 AFFIRMATIVE ACTION PROCUREMENT POLICY SMALL, DISADVANTAGED, MINORITY, WOMEN- OWNED AND HISTORICALLY UNDERUTILIZED BUSINESSES: FEDERAL ASSISTANCE OR CONTRACT PROCUREMENT REQUIREMENTS PART A: POLICIES 6-101 Policy Statement: ARTICLE VI It shall be the policy of CAPCO to assist small, DBE, MBE, women -owned businesses and HUBs in learning how to do business with CAPCO. It shall be the further policy. of CAPCO that these sources shall have the maximum feasible opportunity to corrrpete. 6 -102 Bidder /Offeror Statement: 1. Every solicitation for procurnrnt must require that each bidder or offeror include a statement that the bidder or offeror will comply with this policy. 6-103 To ensure that C4PCO's policy to assure that small_ MBEs. DBEs. women -owned businesses, and HUBs are unlizx- d,CAPCO and its contractors and subcontractors should take the following airative steps: Include qualified small_ MBEs, DBEs. women -owned busirrsscs. and HUBS on thc Bidders' Ust. State lists may be utili - - ri to locate such businesses by contacting thc General Services Commission: 2. Assure that small, MBEs, DBEs, women -owned businesses. and HUBs are solicited whenever they may be potential sources. In this regard, the Purchasing Agent should investigate new sources and advertise when feasible in minority publications; 3. When economically feasible, and where not in contravention of competitive bidding requirements, the Purchasing Agent should divide the total requuerrents into smaller tasks or quantities so as to permit maximum small, MBE, DBE, worren -owned businesses and HUB participation: 4. Use the services and assistance of the Small Business Administration, the Office of Minority Business Enterprise of the Department of Commerce, the Minority Business Devcloprrent Agency in the Departrrs nt of Labor. the Texas General Services Commission and other similar agencies for locating such businesses; 5. Require that prime contractors take affirmative and meaningful steps towards retaining small, MBE, DBE, women -owned businesses and HUB subcontractors: 38 6. Procure goods and services from labor surplus areas; 7. If feasfoie, establish delivery schedules that encourage small, MIIEs. DBEs. women -owned businesses, and HUBS to participate: and. , 8. Advertise, at bast annually, in a newspaper of general circulation for srralL MBEs, DBEs, worren -owned businesses and HUBS to be added to the Biddc - s' List 6-104 For such affirmative steps to be rrraningfui, the Purchasing Agent should review all solicitations, offers and bids to confirm that such affirmative action steps have be n taken In adriirion, steps should be taken to ensure that oncc a contract is awarded to a small, MBE, DBE, women -owned business, and/or HUB, or that the award is given to a contractor with such a subcontractor, that such business is retained during the entire performance of the contract. 6-105 Failure of a contractor to take. meaningful affirmative steps at soliciting and retaining small, MBEs, DBEs. women -owned businesses and HUBs may be considered as a factor in evaluating future bids under non-compliance, with public policies; however, this factor may not be a con3idoration in procurements involving purely state or local funds as Tczas Law rc awards to be trade to the lowest rsoonsible bidder. 6-106 For procurements costing more than 33,000 but less than 315,000, the Purchasing Agent shall contact at least two HUBS on a rotating basis. PART A: STANDARD OF CONDUCT ARTICLE VII ETHICS 7 -I01 No employ= or agent of CAPCO shall participate in the procurement proccss if a conflict of interest, cithcr teal or apparent. would bc invoived. An employ= or agent of CAPCO shall at all times avoid the appearance of impropriety. 1. A conflict arises when a CAPCO employe or agent, or any member of his/her itttrneciate family, a partner or a person or organization which employs or may employ in the near future the employ= or agent, has a substantial financial interst in any entity which may be considered for the award. a_ "I rcrtdiate family" mans any person related within the second degrac of affinity (marriage) or within the third degree of consanguinity (blood) to the ernploycc or agent. b. "Substantial financial interest" means the person: (1) owns 10% or more of the voting stock or shares of the entity. or, 19 (3) (4) 7 -102 An errmloyec or agent of CAPCO shall not demand, solicit, ag ., to arr-pt, or sr a gratuity, favor, or anything cis: valued a more than 325 from a bidder, offeror, contractor, or subcontractor. A bidder, offeror, contractor, or subcontractor shall not offer, ag= to provide, or provide a gratuity, favor, or anything is valued at nnre than S25 to an employx or agent of CAPCO. PART 13: COURSE OF CONDUCT IN THE EVENT OF A CONFLICT 7 -201 An crrinioytr or agent of CAPCO who knows or should lctow that he or she has a real or appar-nt conflict of inters :, as described in Part A, must: 1. Sign a dcciaration of a possible conflict of interst: 2. If applicable, abstain from voting on any procurement action: and, 3. Abstain from participating in the procurrrrnt process. which includes but is not l rrritd to disrussions, lobbying. rating, scoring. rtcottu, ending, explaining or assisting in the design or approval of the procurorrent process. PART C: VIOLATIONS AND REMEDIES (2) owns 1090 or more or 35,600. or mote of the fall rnarktt value of the entity, or, r=ived funds from the entity in excess of 10% of the person's gross income for the previous year, or, is re-laird to an individual in the first deg= of consanguinity or affinity who has a substantial financial interest in the entity. 7 -301 Violations of the provisions of this Article constitute misconduct, subjecting the violator to discipline under CAPCO's personnel policies and to all penalties prescribed by law. 7 -302 An award or contract made in violation of this article is voidable. ARTICLE VIII AUDITS 8 -101 Independent Audit Requirements 1. CAPCO must have an audit conducted in accordance with the Single Audit Act of 1984 and federal agency implerrcnting regulations. 2. The audit shall be made by an independent auditor in accordance with =0 generally accepted govunrrcnt auditing standards. 3. When CAPCO subgrants 525,000 or more in a fiscal year to a subgrante�., CAPCO shall a determine whether the subgrant= has met the Act's r,.quirmcnts and ensure that prompt corrective action is taken in the event of material non - compliance; b. if no audit is conducted by the subgranto, determine if expenditures arc in accordant with applicable laws and regulations and ensure prompt corm nvc action is taken in the event of material non - com lianc , and, c. =quire each subs ran:cc to permit independent auditors to have access to all records and financial stater-ems, as a condition of receiving funds. 4 l DATE: November 20, 1997 SUBJECT: City Council Meeting, November 25, 1997 Item: 10.A. Consider a resolution authorizing the Mayor to execute an interlocal agreement with CAPCO for digital ortho photography. Staff Resource Person: Joe Vining Staff Recommendation: Approval This item formalizes the interlocal agreement between the City and the Capital Area Planning Council (CAPCO) to amend CAPCO's existing contract with Analytical Surveys, Inc. to provide more precise digital information for the City. By "piggybacking" onto the CAPCO project, the City saves considerable time and money in its continued development and refinement of digital information. In addition to the digital aerial photography and planimetric data provided by the CAPCO contract, the City will receive an accurate digital elevation model (DEM), which may be used to generate two foot contour lines of the land. This information will be invaluable for a variety of City-wide projects— ranging from drainage studies to engineering applications.