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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. P-H"" .., , MAR- 4-98 WED 14:55 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. P::Ol'P ":l MAR- 4-98 WED 14:56 P. 04 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. P::l9P 4 , MflR- 4-98 WED 14: 57 P. 05 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 $tip~;lali(Jns, ejlh(~r ,~rdl ". ..Nr:tten, nut herein contained. Pa2e 6 ---......------- MAR- 4-98 WED 14:58 P. 07 IN WITNESS INHEREOF, THf PARTIES HA VE CAUSED THIS AGREEMENT TO BE tXl:CU TED: SCOTT COUNTY C1fY OF PRIOR lAKE By Art Bc.tnl'\~rmdn Chair, Scott County Board of (omrni~sioncrs By_ Wc~lcy tv'!. Madi?r i\';;:'yor A TTE5T ATTEST David J. Unmacht Frank Boyles (ity '/v\anJger Scott County Administrdtor DATE , 1998 O!\TE , 1998 APPROVED AS TO FOR,Ivt APPROVED AS TO FORM: Thomas J- Harbin$on SCOt[ County Attorney Suesan Led '')",C'' City AtDrney' w: \w(Jrd\{HUp6 ~d /ip 1-;; gr'J S. doc - o "'l,""I'n '7 , ~ -y :: MAR- 4-98 WED 14:59 .., r P. 08 - i ~f '" . . -. H;.LI.AX LA. A. ...' .~ ~ m :f ';> o ~ ... .~ rr: ~ !'" ;; u..J:a-..... il I ! !'I: AJ(F RO. > lllA LH. ~ ~:J:; . .-. - i;~.' v~~ >lO. lr Go H~TJ.'-r-.. ~ '" 7 :-' ;: !T1 w~(i7~ .L\lE. :r ... - ;; J ......... : .\.... ' '. " .~ ) ,': lJ> ... ~ T ". -~ ~CXJ'5:AHA A\IE. ~~J r? ~ ~W 'C ~ ~ . oY:OT.. Ave.'" -.-- _.._-",~ ~ ,- . . ~ - - ~--_.. ~. ::;:-J.:- . ~I/ :, ~ .,..,'. ~ . ,I~ "'~ ~-J/~., r;i '.. ~ :1....... , ,II .~ on .'. < ... l~:"~~_ ~ ~~.. rl~~ --~ . n.' -, ~}.' 1.'\ : L-~ 'y, I \.u ID ~ 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