HomeMy WebLinkAbout10C - Cost Sharing of Aerial Photography
AGENDA #:
PREPARED BY:
SUBJECT:
10C
SUE MCDERMOTT, ASSISTANT CITY ENGINEER
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF RESOLUTIONS 98-XX
APPROVING THE COOPERATIVE AGREEMENT WITH
SCOTT COUNTY FOR COST SHARING OF AERIAL
PHOTOGRAPHY AND STEREODIGITIZING
MARCH 16, 1998
DATE:
INTRODUCTION:
The purpose of this agenda item is to consider approval of
Resolution 98-XX which approves the cooperative agreement with
Scott County for aerial photography and creation of planimetric
and topographic base mapping of the City of Prior Lake.
BACKGROUND:
GIS (Geographic Information System) Base Mapping is included
in the Capital Improvement Program for 1998-2002 which was
approved by the council on May 19, 1997. This includes aerial
photography of the entire city and orderly annexation area. The
purpose of the aerial photography is to create planimetric and
topographic maps of the entire city at 2-foot interval contours and
integrate all existing land features such as roads, buildings,
utilities, etc. into a system in conjunction with Scott County for
applications that can be used by all city departments including
Police and Fire and Rescue.
The city currently has aerial photography from the late 1970's and
early 1980's that is not in digital format. The information provided
in digital format will be more accurate.
DISCUSSION:
Scott County received the following quotes for planimetric and
topographic base mapping of the city and the city plus the
annexation area:
162~~qsreek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
'.
OPTION A OPTION B Ground
City Limits A + annex. area Control
Markhurd $42,660.00 $54,660.00 $9,000.00
Horizons, Inc. $58,770.00 $73,020.00 $3-8,000.00
Martinez Corp. $69,600.00 $86,100.00 $19,200.00
Surdex Corp. $86,460.00 $99,920.00 , $13,160.00
Scott County staff proposes to complete the ground control which
consists of establishing points on the ground which are used to fix
the position and elevation of the photographs in latitude, longitude
and altitude.
If the cooperative agreement is approved, the county will award
bids to the lowest responsible bidder, Markhurd. A 50/50 cost
share is proposed based on the total of Option A plus ground
control costs assumed by the County. The county will not share in
the cost difference to obtain information for the orderly annexation .
areas. Markhurd has provided a quote of $600.00 to photograph
the annexation areas at the same time as the city flight which has
been included in the City's share of the cost. The City would then
be able to negotiate mapping costs for all or a portion of the
annexation area with Markhurd at a later date if the planimetric and
topographic information of this area is desired. The cost sharing is
as follows:
Scott County $16,830 + assumption of all costs of ground control.
City $26,430
This equates to a 50/50 cost share by adding Markhurd's quote of
$42,660.00 (Option A) plus $9,000.00 (ground control) and
dividing the total of $51,660.00 in half. The City's share is
$600.00 more than $25,830.00 due to the flight of the annexation
area. The County's share is less due to the fact that they will be
completing the ground control in-house.
Ground control and the flight must be done in April prior to the
trees leafing out so that planimetric features are easily visible.
These features include sidewalks and curb cuts, buildings, trails,
fences signs, utility poles, manholes, hydrants, culverts, driveways,
curb line, decks, retaining walls, gate valves, catch basins, etc.
This information will become a part of the City/County's GIS data
bases. The estimated completion date is August or September at
which time we will receive both the planimetric and topographic
AERlALCA.DOC
l. .-
information in a digital format. The information can be accessed
in AutoCAD or GIS software.
Not only does this contract address the sharing of costs to complete
the data but also the proceeds from any data sales. Proceeds from
any sales will be divided 50% City and 50% County on a quarterly
basis.
ALTERNATIVES:
The alternatives are as follows:
1. Approval of Resolution 98-XX approving a cooperative
agreement between Scott County and the City for cost sharing
of aerial photography and stereo digitizing.
2. Table this item for a specific reason.
3. Deny this agenda item for a specific reason.
RECOMMENDATION: Approve Alternative No.1.
FINANCIAL IMPACT: The GIS base mapping will be paid out of the Trunk Reserve.
The City will share in 50% of any sales ofthe digital information.
ACTION REQUIRED:
AERIALCA.DOC
MAR- 4-98 WED 15:03
P,01
COOPERATIVE AGREEMENT BETWEEN THE COUNTY Of :;COTf
AND THE CITY OF PRIOR LAKE
FOR COST SHARING OF AERIAL PHOTOGRAPHY AND STEREODICrI IZING
This Agreement is m~lde dl1d enter~d into between Scott County, a body politic dnd (l'Ji poration uI1Jer the
laws of the Stat~ of Minnesota, hereinafter "County"; and the City of Prior Lake, a body politiC 3nd corporate under
the laws of the State of Minnesota, hereinafter "City".
WHEREAS, the County requires ae.ria.1 photography and stereodigitizing for devE~lc)~lner'1t cl the. County's
Geographic Information System (GIS); dnd
WHEREAS, the County is contracting for aerie!! photography and stereo digitizing for thi? Prior Lake area;
and
WHEREAS, the parties desire to share the costs of said services and the bf:'nciits thdefrcn1.
NOW, THEREFORE, in consideration of the mutual promises dnd agreements contained h~rein the parties
agree as follows:
1. SCOPF OF AGRfEMENT
1.1. Pur-nost;. The general purposE' of this Agreement is to establish the terms of cost and benefit sharing in
obtaining aerial photography for areas ~hown d:> Option A and B of Exhibit A and stercudigi\!zing ;:, "rea shown as
Option A of Exhibit A within the Prior Lake area, d2scribed as:
Section 31 , Township 115, Rdnge 21, lying northwest of 5TH 13
Section 30, Township 115, Range 21, lyingvvestofSTH 13
Sections 2S - 28, Tov.;nship 115, Range 22
Sections 33 - 36, Township 115, Range 22
Sections 1 - 3, Township 114, Range 22
South Halw5 of Sections 21, 22, and 24, T oWl1ship 115, Range 22
South Half of the Northwest QUaltd, Section 22, Township 115, Range 22
Section 23, excepl (he Norlh Half of the Northwest 1/4, TOWi15hip
115, R<lnge 22
Sections 4, 9,10,11,12, Township 114, Ri:Jnge 22, lying within '[he
City limits of Prior lake
Sections 4, 9 ~ 12, Township 114, Range 22, lying outside the City
lirnil5 \)f Prior Lake
East Halves of Sections 5 and 8, iownship 114, Range 22
MAR- 4-98 WED 14:54
P. 02
1.2. R~citals. The re(it~tls set forth in the wherea~ clauses above al~ inCQrpOi<l[,:,d U'f Jefell;,;~n...-~~ a~ if (ull'f set
fonh herein.
1.3. C()()~w'rdti()n. The parties shall cooperate and use their reasonable efforts to ensure the most expeditious
imp/cmer.t.J.liOrJ of tIlt::. v.:.l!ious provisions of this Agreement. The parties agree 10; in S0l;c! (.:iith, Uiidertake
resolution of any disputes rn an equitable and timely manner.
1.4. Term. This AgrcQrn,~nt :;hall be in e.f{~cr from the dare of execution by .JII parties; or from the
cornnltllCelllE:nt of ~ervices hereunder, \vhichever is first, and shall continu{~ ir. ..::licel until knnin.J.led in
accordance with the provisions herein.
2. DEfIN!TlONS. Unless the langudge or context d~arly indicates that a different meaning is intended, the
following words, terrn~ <lnd phrases, when capitalized, shdll have the follo\lving olEaning:
JJ;Jr;J R~~F': A geographical Data Base in digital form which incorporates planimE'tric and contour feJtures
of the County Clnd which was designed and dewloped to be u<;ed with ARCiINFO, ARCVIEW AND
AUTOCA.D software.
Hdfizonrdl Cround C!:!Llt! Q[. t\ ~".int on the ground that i~ idE'I1U".:.d cn 1.1.1' pli;Jtogrdpil ~I;;'; i, U'.",J to fix
the position of the phocogr.iph in latitude and longitude (X and YJ.
)/erticCiI Gr()und Control: ;\ poi/\l Oil thp. gmund that is id(~ntified (lii the p:.,~;t.;g. dpl. Jrd is uSt~d t6 f;x lh~
elevation of the photograph in altitude (ll.
3. PURCHASE OF SERVICES
3.1. \()lJnty A~rpeOJf'nt. The stcrcodigitizing and acrial pholography to be obt~lineJ sh.-i!1 be governed by the
terms of a sep.irctte contr.'l.Ct between the County dnd lv\arkhurd irl \;vhich the Cili :,l.ollut> :l;,.med CiS third
parry beneficiaries.
3.2. Non-f'xclusiv~. Nothing in this Agreement or in the contr.:tct bpi .VE'pn lIh" County and contractor
referenced above shall be interpreted to prohibit any of the parries from pUichasiilg services, products Qr
data directly frcm the contractor at their own ~xrens~.
4. COST SHARING
4.1. C(J<'ts._ The parties sh~lre of the CO~t5 fur the services <ind product~ prvJucecJ <.IS a " ;It Gf (lw cVlltrdd
referenced in paragraph 3.1 shall be as follows:
County
City
$16,830 + assumption of all Costs of horiLontal and vertical grounJ control
$26,430
4.2. [i.sc.aLAlNOJ. The County shall be the fiscaf agent ior purposcs of this Agre('menr. The contractor
providing ~lereodigitizing PUI:;U;1nl to the' terms of the ,agreement r,~f'~knu:d :;1 p<.1rdgr....,:;h J ~h;lil ~ubmjt
invoices to the County who shall make payment to the contractor.
The City shall depOSit with the Scot[ County Treasurer ninety percenl (90"'1,,) ()f the City's shiite of the
stereodigitizing costs <Is partial pJyrnenl within thirty (30) days after award of contract .:lnd (:x~tion of this
Agreement, whichever is iater.
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P. 03
The remaining amount of the City's share of stereodigitizing costs of this projec.t shaD be pdid to the County
upon completion of the project and submittal to the City of tile County's fin.:.!! statement of [he
5tereodigitizing costs.
In the event the parti.:d pdyrnent '-'^':'-~2JS the City's sh,m:~ of tl'85,=, findl cO~b, such .I'~.!--,,)- ;ile;.[ sk,!! be
returned to the City by the County.
5. ADDITIQNAtQJllL~AILQ~.s.DF THE PART{B
5. ,. ~n!!!!cr MdnCiger. The County shall be the (Ontrdct manager for the purposes of [he A~reement. All
contacts and correspondence With the contractor shari be submitted and received throUsl' tne County.
Information received by the County from the contractor shali be disbursed promptl'( to lhe City.
5.2. l:round ("nnf(()L!n pIepd.!,ation for contra.ctor's ~~en.::ce5, the County' :)h~i.li be re5~vflsjb!E- flH tdrg~ring dnd
horizontal and vertical ground control.
5. Dwnpr:iliip. Ownership of the dJtabJ.se shail be jointly held by the County and tr,eCl1Y. Scott County
Shdil exercise, on behalf of itself and th8 City, all rights of ownership, titl~ Jnd control to the dat.:,b<,sc
under federal copyright law or other iaw relating to confidential dnd/or trade 5t-cret information. The
pGlrLies dgree lkJt the developmpnt of the dd{dudse required the skili",d errorh of 0rofC'ssionais in its design
dna compilation dnd thaI the l"nd product is thf' result of the oligindl \.vorl d tiw County, its l::'n;t--I(,Y(~t~S
and agents_ Parties to this Agreement may copy and use data so long as such use is co!)sistent with the
terms of this Agreement J.nd for internal purposes only.
5.4. Modiiicatlon/Addih(;ns. A,.IY <,dJiti0ns or modifications (;j ti.c datdbdse COf"lpiekJ b~' ..'I party shali be
made aV<Jii<)ble to the other 9<lrty. Additions or modifications to the dat;)b<l..;e "h.d! he ::nn19<,tibie to the
p(e.-existing dat.'lb;'be, including but not [irnired to, the program, d0Cul1l,ll(dll.);I, liI.ip project reference
numbers and symbol dictionary. To insure stc\nddrdization and com9dlibility ",-.jlh ri,e prc-existing
database, any ddditions or modifications into the database sha.1i be appruved Ly ,i1c' County Surveyor
before. in(orpor3tion.
5.5. DlSlrLbJ.lIi.OQ QU2:J!,j. Ddld 0' pr()Jucts obtdined under the term> of tlli) AgrH::il1(:llt.; ~'!., ';nid to p~rson-;
or entities not party La this Agl~ement at prices to be set by mutud! dgre~rncnl 0f the pdrti..;,;. Pw'::ceas from
any sales shall be disbursQd as follows: 50% City - 50% County, on a qUdrteily basis.
5.6. licen~(-> Agr~r.fD(,Q.~. Dislributic,n of dala oblained through this Agrpemenr shari c(.mr1y with Scolt County
licensing agreements for saId data.
Parti~~; tu thi" .\greement rnay copy and U.'>2 ddta 50 long as such use is for int\:m...! t.urp..;~.c" t;rrly.
5.7. f)ic:;rbimf'r. Distribution of maps cred(ed from daLa obtdined through this Agreement shall contain a
disclaimer as follows:
This drawing is neither a leo"allv recorded mao nor a surVeY and is not intended to be used as onc.
, I I
This drawing i5 a compilation of reco;ds, informacion and data from variou_, city, county and state
offices and other sources. This document should be used for reference un!y. No represen'.:JriorJ is
made that features presented a.ccuratf'/,,: ((-'fleet true location. Scott Counfr', or allY ocher entity
from whom data was obtained, assumes no liability for any errors or omissions t/t:'re-1l1. If
discrepancies are found, please contact the Scotr County Surveyor's Office.
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MAR- 4-98 WED 14:56
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6. INDEMNIFICATlO~
6.'. Li<lbility. EdCh party to this Agreerm.:nl shedl be lidul!.! fur it~ own <Kls dmJ the rl2sull~ [hereof Lu the ex.tent
authorized by iClW and shall not be respansiblp. faf the acts of the other pd.rty, it.; 0ffi(:€l" -2rnjJloyce:; or
agents. Liability of the County or other tv~innesota political subdivisions sha.il be governed by the
provisions of the Municip<ll Ton Claims Act, Minn. Stdt. eh. 466 clnd other applicable IdWS.
7. SUCCESSORS
Each party binds itself and its successors, legal representatives, and assigns to the other party to this
Agreement and to the partners, successors, legal reprcsenlctliv0S, and assigns of SLt'n other parry, in respect
LO all covenants of this Agreement.
8. DEFAULT
Force Majeure.. No party shall be held responsible for delay or failure to perform when such delay or
failure is due to any of the foilOYving unles<; (he ael or o(:curren(\~ (',mid have bl?pn foreS0pn and r(>ctsonable
action could have been taken to prevent the delay or failure: fire, flood, epidemic stl ikes, wars, acts of
God, unu$ualfy severe weather, acts of pubiic authorities, or delays or dffaull : cJused by public carriers;
provided the dcfJuh:ing pJrly give~ notice dS soon as pos-;ible 10 thf~ otlwr party d lh" in,~bility to perform
9. TERMINATION
9.1 With or Without LdU';P. This Agreement may be terminated with or without cauSf' lll. 'Jrl rhirty (30) days
written notice.
9.2. \Vritren Notin> of Tf'rmin;ltinn. Notice of Termination sh.1.IILJe rndde by certifk>J IT;ad JI f.'2rsona! delivery
to the Authorized Agent of the pdrty. Notice is deemed effective up:m dE-~iiv~"ry of the Notice of
Termination to the party's Authorized Reprbentdrive Notice shall include .a certified copy of (he
resolution of the governing board indicating its intent to terminate the Agreement.
9.3. Ffff'cr of T ('l:.l.Uinarion. T efmjnati,)I~ of thi., Agleeml':'nt sn<lll rJ0t di,;ch,toge any I!..luil it)', . .c_'jJ\~..~ibil It l' or tight
of any party which arises from the performance of or failure to adequately perform the terms of this
AgrQ~ment prior to thf~ E-!ffl~cti,,'~ ddli' of termination. N(;r :;L,ill krmindt!oll d::,( I....rgt Jl.') vul:gJ.tfon which
by its nature would survive after the date of termination, including by way of illustration only and not
limitation, Standard Assurances dtlach(~d ht~reto.
A t\?rminJting party sf.all p"y it. ..hare of the costs incurred for the ~)lOil:c[ tll,Ulodh t:,,- date of termin.:Jti-:;,n.
If payment is not made in accordance wilh the t~rms of this Agrecm~llt, a party sha!1 return dll delta dnd
information in their p().;se~sion for ...."hich payment hdS not bei:n made and Shdll dbtrOr all :op;es thereof.
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10. CONTRACT RIGHTS/REMEDIES
10.1. Ril:!hts. Curn\'!latiVf~. Ail remedies avaHabie to a oartv under (he terms of (hi, i\~redTler!t or bv IJ'w diQ
i . :.> I
cumulative and may be exerci~ed concurrently or separalely, and the exerci:;c of anyone il;'rnedy sh<111 not
be deemed an election of such remedy to the exclusion of other remedies.
10.2. vV.1ivF'r. The waiver of any default by a party, or the failure to give notice of any default, shall not
conshtute a waiver of any subsequent derault or be deemed (0 be a faiiure to give such nc rice with respect
to any subsequent debull.
11. REPRESENTAJIVf
11.1. Authori7ed Rpnrpq'nL,rivp. The JoJio..ving n,\med persons are designated the AlJrhonL(~d R(~presr.nrdli\ies
of pclrlies ior purpmt-'s of this Agreement. The::;e persons have authority ro bil\cJ tn.-' party they represent
dnd to consent to modificatiolls and subcontracts, excepr that (1) ast0 the COun1y, the AUlhoriL0d
R~pre.:;entative shall have only the authority spccificaily Or generally granted by the COUllty BO(:lrJ; and (2}
with respeC[ ro the City, the Prior Ldke Cty Manager shall have only the authority St)E'oi1caliy or generally
granted by the City Council. Notification required to he provided PUrSUa!lt to this /\grtemenr shall be
provid(-~d to the foliowing named persons and addresses unless olnd\vi.:e srJled in this Agreement, or in CI
modification or this AgrC(;in2r1t.
City:
Frank Boy!es
Prior Lake City Manager
16200 Eagle Creek AvenUe
Prior Lake 1'v1N 55372
Phone; (612) 447.4230
County:
Wiilialll J. Schmokei
Scott County Surveyor
GOO Country Trdil ECJ.;t
Jordan, MN 55352
Phone: (612) 496-8355
11.2 Li~lison. To assist the parties in the day-to-day performance of this Agif'ement and tv develop service,
ensure compiiance and provide ongoing consultation, a liaison shall be desiglidluJ by the City and the
County. The parties snql! keep each other continualiy informed, in ,<---ritin!: d any cha.nge in the
designated liaison. At the rime or execution of this .Agrp.em~nt the follOwing persons are designated
liaisons:
City Liaison:
Phone Number:
Greg Ilkkd
(612) 447-4230
County Liaison:
Phone Number:
Jim Hentges
(612) 496-8362
12. MODIFICATIONS
Any alterarions, variations, ll1odificcl1ion:;, or waiwrs of the provi';ions of thiS Agr~emerlt ).JII only be valid
when they have been reduced to writing, and signed by the authorized repre'5entatives.
Pa~p S
MAR- 4-98 WED 14:57
P. 06
1 3. ~mRA.llWIY
The provisions of thi~ Agreement shcill be deemed severdlJle. If any part of this Agreenl(~nt 1s rendered
void, invalid, or unenforceable, such nmdering shall not allect the validiry and enforceability of the
remainder of this Agreement unless the part or parts which are void, inv.:.did or other'\Vise unenforceable
shali substantially impair the v<tlup. of the enLire AgrecrnerH with respect to any p.Hly.
1 4. DATA PRACTICES
County and City and their agents and employees agree to abide by tlw prl)vi-:j( trio. (>I the Minncsotc1
Government Data Practices Act, Minn. Stdt. Ch. 13, as amended, and Minnesota Rule;; promulgated
pUrsuant to Chapter 13.
15. RE.Q)RDS - AYAll.AIUUIY AND RETENTI~
Complete and "'.ccurate records of The work performed pIJrSLJ,i.nt h) thi!> db' el::'ment shall be kept by the
parries for a minimum of six ye':Hs following termination of this c1grecment. The retention period shall be
automa.tically extended during the course of any administrdlTve or judicial cic:tlOll involving the parties
regarding maners to which the records are relevant. The retention period
shall be automatically extended untii the administrative or judicial actiOn i" fillally completed. Pursucmt to
Minn. Stelt. Section 16B.06, Subd. 4, the buoks, records, docurnt?nb, and accoun[ing procedures and
pr(i.ctiCb or ~:'!e pa,lieci relative to this contf<.lct Shcill be subject tv ('x,.:.rnin\:ili'-;fl by tiH~ tJ<..rlies and the Slate
AUditor.
16. fhLIlREAC;gE[MENI
This Agreement is the final expressior, of the <::greernent of the V,~I ties and tl.e Co, 1 r-'k,e and exclusive
stdlcmcnt of the terms agreed upon, and shall supersc-de <)11 prior ncgor:J.tions, understandings or
agreements. There <lre. 110 reprejel1tatioJls, warranties, Gr $tip~;lali(Jns, ejlh(~r ,~rdl ". ..Nr:tten, nut herein
contained.
Pa2e 6
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MAR- 4-98 WED 14:58
P. 07
IN WITNESS INHEREOF, THf PARTIES HA VE CAUSED THIS AGREEMENT TO BE tXl:CU TED:
SCOTT COUNTY
C1fY OF PRIOR lAKE
By
Art Bc.tnl'\~rmdn
Chair, Scott County Board of (omrni~sioncrs
By_
Wc~lcy tv'!. Madi?r
i\';;:'yor
A TTE5T
ATTEST
David J. Unmacht
Frank Boyles
(ity '/v\anJger
Scott County Administrdtor
DATE
, 1998
O!\TE
, 1998
APPROVED AS TO FOR,Ivt
APPROVED AS TO FORM:
Thomas J- Harbin$on
SCOt[ County Attorney
Suesan Led '')",C''
City AtDrney'
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RESOLUTION 98-XX
RESOLUTION APPROVING THE COOPERATIVE AGREEMENT
WITH SCOTT COUNTY FOR COST SHARING OF AERIAL
PHOTOGRAPHY AND STEREODIGITIZING
MOTION BY: SECONDED BY:
WHEREAS, the City of Prior Lake and Scott County desire to complete aerial
photography for GIS base mapping; and
WHEREAS, Scott County and the City of Prior Lake have prepared a Cooperative
Agreement acceptable to both parties.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA, that the Cooperative Agreement between the City of Prior Lake and Scott
County is hereby approved and the Mayor and City Manager are authorized to execute said
agreement.
Passed and adopted this 16th day of March, 1998.
YES
NO
Mader
Kedrowski
Petersen
Schenk
Wuellner
Mader
Kedrowski
Petersen
Schenk
Wuellner
{Seal}
Frank Boyles
City Manager
City of Prior Lake
16200 E~~k Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER