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HomeMy WebLinkAbout5B - Aerial Photography Cost Sharing MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT MAY 7,2007 5B JENNIFER WITTKOPF, PUBLIC WORKS COORDINATOR CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A COOPERATIVE AGREEMENT WITH SCOTT COUNTY FOR COST SHARING OF AERIAL PHOTOGRAPHY Introduction The purpose of this agenda report is two-fold. The first purpose is to consider approval of a resolution authorizing the Mayor and City Manager to enter into a Cooperative Agreement with Scott County for cost sharing of aerial photography. The second purpose is to authorize the purchase of new photographic prints of that high-resolution aerial photography. History In March 1998, the City Council approved a resolution for the first Cooperative Agreement with Scott County to obtain aerial photography, Through that Agreement with the County, the City developed a GIS (Geographic Information System) base mapping system. All City departments have utilized this base mapping system for various applications since its inception. To be of any value, the system must be kept up to date, which means periodic aerial photography and base mapping. The City also participated in a Cooperative Agreement with Scott County for photography and data in 2003. Current Circumstances The City currently has 6" pixel color aerial photography from spring 2003, obtained in cooperation with Scott County. Free aerial photography from summer 2005 was obtained from the US Department of Agriculture, Farm Service Agency. This photography is at a much lower ground resolution (2- meter pixels) and does not provide the quality of detail often needed in the large-scale maps created by City staff for presentations, reports and decision- making. Updated aerial photography is included in the 2007-2011 Capital Improvement Program (CIP) for $15,000. The purpose of the aerial photography is to provide a background that can be used in mapping and other applications by all City departments. Scott County has entered into a contract with Aero-Metric, Inc. (formerly Markhurd) to obtain 6" pixel color photography in digital format. This is a county-wide project costing $62,000, and is proposed to be funded with the following partners: R:\CouncillAgenda Reports\2007\05 07 07\aerial photos agenda. doc www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 Fundina Source I Proiect Partner Scott County Prior Lake, Savage, Shakopee ($5,000 each) Belle Plaine, Jordan, New Prague ($2,500 each) Shakopee Mdewakanton Sioux Community Shakopee Public Utilities TOTAL PROJECT FUNDING I COST Amount $ 32,000 $ 15,000 $ 7,500 $ 4,000 $ 3,500 $ 62,000 The photography flight was performed in April prior to the trees budding so that ground features are easily visible. The estimated delivery of the photography is summer 2007, at which time the City will receive the photography in digital format, thus making the information available to all City network users. Payment for the City's portion ($5,000) will be due within 30 days after execution of the Cooperative Agreement. The City currently also has three framed prints of low-resolution 2005 aerial photos (from the Metropolitan Council): two in City Hall and one in the Maintenance Center. These photographs show the land area approximately one section beyond the current City limits and proposed annexation area. Staff often refers to these photographic prints in meetings to help clarify the area in discussion. Because of the many participating agencies, there is a significant cost savings for this aerial data acquisition project. Therefore, City staff is recommending updating and adding additional prints in City facilities at this time. Costs for prints were obtained from Aero-Metric, Inc. There is a set-up I data preparation fee associated with the first print, as outlined below: Print Location City Hall (Wacipi Conf Room) * City Hall (Wagon Bridge Conf Room) * City Hall (City Manager office - half size print) Police Station Maintenance Center (Conf Room) * Fire Station #1 Future Fire Station #2 Future Water Treatment Facility Cost $ $ $ $ $ $ $ $ 2,150 825 500 825 825 825 825 825 Shipping Costs $ 95 Sub-Total $ 7,695 Tax $ 500 TOTAL COST $ 8,195 * Indicates replacement of existing framed print. All others are new prints. Funds for new aerial photographic prints could also be drawn from the Trunk Reserve Fund. Approval of this Cooperative Agreement complies with the CIP as adopted in 2006. Updated high-resolution aerial photography will enable City staff to efficiently produce accurate representations of areas of the City requiring ISSUES: R:\Council\Agenda Reports12007\05 07 07\aerial photos agenda. doc investigation and discussion. Updated photographic prints in all City facilities will also help facilitate discussions and decisions. FINANCIAL IMPACT: The cost to acquire digital format of the aerial photos by entering into the Cooperative Agreement with Scott County is $5,000. The cost of purchasing new photographic prints is $8,195. The project total is $13,195 to be funded by the Trunk Reserve Fund, as outlined in the 2007 CIP, This acquisition is yet another example of the County and cities working together to accomplish work in a cooperative, cost-effective manner as partners. ALTERNATIVES: 1. Approve a resolution authorizing the Mayor and City Manager to enter into a Cooperative Agreement with Scott County for cost sharing of aerial photography and authorizing the purchase of photographic prints from Aero-Metric, Inc., at a total cost not to exceed $13,195 to be funded by the Trunk Reserve Fund. 2. Table this agenda item for a specific reason. 3. Deny this agenda item for a specific reason and provide staff with direction. RECOMMENDED MOTION: Alternative #1. Steve Albrecht, Public Works Director/City Engineer R:\Council\Agenda Reports\2007\05 07 07\aerial photos agenda.doc Motion By: Second By: WHEREAS, The City of Prior Lake has identified in the 2007-2011 Capital Improvement Program the need to update its aerial photography; and WHEREAS, The City of Prior Lake and Scott County desire to update 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; and WHEREAS, City Staff has identified a need to have aerial photographs in City meeting rooms to facilitate discussion and decision-making; NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Mayor and City Manager are hereby authorized to enter into a cooperative agreement with Scott County for cost sharing of aerial photography. 3. City staff is hereby authorized to purchase photographic prints from Aero-Metric, Inc. for display in City facilities. 4. Funds for these purchases shall be drawn from the Trunk Reserve Fund in an amount not to exceed $13,195. PASSED AND ADOPTED THIS 7TH DAY OF MAY 2007. Hauaen Haugen Erickson Erickson Hedberg Hedbera LeMair LeMair Millar Millar YES NO Frank Boyles, City Manager R:\CouncillAgenda Reports\2007\05 07 07\aerial photos resolution.doc www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF SCOTT AND THE CITY OF PRIOR LAKE FOR COST SHARING OF AERIAL PHOTOGRAPHY This Agreement is made and entered into between Scott County, a body politic and corporate under the laws of the State of Minnesota, hereinafter "County"; and the City of Prior Lake, a body politic and corporate under the laws of the State of Minnesota, hereinafter "City". RECITALS: A. The County requires aerial photography services for planning/facility management/preliminary design activities. B. The County is contracting for aerial photography services for the Prior Lake area. C. The parties desire to share the costs of said services and the benefits therefrom. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: 1. SCOPE OF AGREEMENT 1.1. Purpose. The general purpose of this Agreement is to establish the terms of cost and benefit sharing in obtaining aerial photography for areas as described in Exhibit A. 1.2. Recitals. The recitals set forth in the whereas clauses above are incorporated by reference as if fully set forth herein. 1.3. Cooperation. The parties shall cooperate and use their reasonable efforts to ensure the most expeditious implementation of the various provisions of this Agreement. The parties agree to, in good faith, undertake resolution of any disputes in an equitable and timely manner. 1.4. Term. This Agreement shall be in effect from the date of execution by all parties, or from the commencement of services hereunder, whichever is first, and shall continue in effect until terminated in accordance with the provisions herein. 2. DEFINITIONS Unless the language or context clearly indicates that a different meaning is intended, the following words, terms and phrases, when capitalized, shall have the following meaning: Data Base: A geographical Data Base in digital form which incorporates planimetric and contour features of the County and which was designed and developed to be used with ARCIINFO, ARCVIEW AND AUTOCAD software. Horizontal Ground Control: A point on the ground that is identified on the photograph and is used to fix the position of the photograph in latitude and longitude (X and V). Vertical Ground Control: A point on the ground that is identified on the photograph and is used to fix the elevation of the photograph in altitude (Z). 3. PURCHASE OF SERVICES 3.1. County AQreement. The aerial photography obtained shall be governed by the terms of a separate contract between the County and Aero-Metric, Inc. (See Exhibit A) 3.2. Non-exclusive. Nothing in this Agreement or in the contract between the County and Aero-Metric, Inc. referenced above shall be interpreted to prohibit any of the parties from purchasing services, products or data directly from the contractor at their own expense. 4. COST SHARING 4.1. Costs. The City's share of the costs for the services and products produced as a result of the contract referenced in paragraph 3.1 shall be as follows: City of Prior Lake $5,000.00 4.2. Fiscal AQent. The County shall be the fiscal agent for purposes of this Agreement. The contractor providing aerial photography services pursuant to the terms of the contract referenced in paragraph 3.1 shall submit invoices to the County who shall make payment to the contractor. The City shall deposit with the Scott County Treasurer the City's share of the aerial photography costs within thirty (30) days after award of the contract and execution of this Agreement, whichever is later. 5. ADDITIONAL OBLIGATIONS OF THE PARTIES 5.1. Contract ManaQer. The County shall be the contract manager for the purposes of the Agreement. All contacts and correspondence with the contractor shall be submitted and received through the County. Information received by the County from the contractor shall be disbursed promptly to the City. 5.2. Ground Control. In preparation for contractor's services, the County shall be responsible for targeting and horizontal and vertical ground control. 5.3 Ownership. Ownership of the database shall be held by the County. Scott County shall exercise, on behalf of itself, all rights of ownership, title and control to the database under federal copyright law or other law relating to confidential and/or trade secret information. The parties agree that the development of the database required the skilled efforts of professionals in its design and compilation and that the end product is the result of the original work of the County, its employees and agents. Parties to this Agreement may copy and use data so long as such use is consistent with the terms of this Agreement and for internal purposes only. 5.4 Distribution of Data. Data or products obtained under the terms of this Agreement may be sold to persons or entities not party to this Agreement at prices to be set by the County. The City and its employees, consultants, or agents may combine the data or products obtained under the terms of this Agreement with different data to create new and original electronic or hardcopy product which the City can use without limitation. However, the City and its employees, consultants, or agents shall not reproduce or duplicate the data or products obtained under the terms of this Agreement in electronic form for licensing or distribution in any manner, except it may create a reasonable number of electronic backup copies for its internal use by its employees, consultants, or agents. 2 Additional Obliaations Of The Parties. Cont. 5.5. License Aareements. Distribution of data obtained through this Agreement shall comply with Scott County licensing agreements for said data. Parties to this Agreement may copy and use data so long as such use is for internal purposes only. 5.6. Disclaimer. Distribution of maps created from data obtained through this Agreement shall contain a disclaimer as follows: This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information and data from various city, county and state offices and other sources. This document should be used for reference only. No representation is made that features presented accurately reflect true location. Scott County, or any other entity from whom data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the Scott County Surveyor's Office. 6. INDEMNIFICATION 6.1. Since each party recognizes each other as a political subdivision of the State of Minnesota, each party shall maintain general liability and automobile liability coverage protecting itself, its officers, agents, employees and duly authorized volunteers against any usual and customary public liability claims to the limits prescribed under Minn. Stat. Sec. 466.04 and Workers' Compensation and shall be in accordance with the Minnesota statutory requirements. Said policies shall be kept in effect during the entire term of this Agreement. 6.2. Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the described maintenance, restoration, repair or replacement work by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees. 6.3. It is further agreed that neither the City, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the described maintenance, restoration, repair or replacement work by the County, or arising out of the negligence of any contractor under any contract let by the County for the performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the County, its officers, agents or employees. 6.4. It is further agreed that each party to this Agreement shall not be responsible or liable to the other or to any other person or entity for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. 3 Indemnification. Cont. 6.5. It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees, agents or independent contractors of the County, and that any and all claims that mayor might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged shall be the sole responsibility of the City and shall not be the obligation or responsibility of the County. 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 representatives, and assigns of such other party, in respect to all covenants of this Agreement. 8. DEFAULT Force Maieure. No party shall be held responsible for delay or failure to perform when such delay or failure is due to any of the following unless the act or occurrence could have been foreseen and reasonable action could have been taken to prevent the delay or failure: fire, flood, epidemic, strikes, wars, acts of God, unusually severe weather, acts of public authorities, or delays or defaults caused by public carriers; provided the defaulting party gives notice as soon as possible to the other party of the inability to perform. 9. TERMINATION 9.1 With or Without Cause. This Agreement may be terminated with or without cause upon thirty (30) days written notice. 9.2. Written Notice of Termination. Notice of Termination shall be made by certified mail or personal delivery to the Authorized Representative of the party. Notice is deemed effective upon delivery of the Notice of Termination to the party's Authorized Representative. Notice shall include a certified copy of the resolution of the governing board indicating its intent to terminate the Agreement. 9.3. Effect of Termination. Termination of this Agreement shall not discharge any liability, responsibility or right of any party which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. Nor shall termination discharge any obligation which by its nature would survive after the date of termination, including by way of illustration only and not limitation, Standard Assurances attached hereto. A terminating party shall pay its share of the costs incurred for the project through the date of termination. If payment is not made in accordance with the terms of this Agreement, a party shall return all data and information in their possession for which payment has not been made and shall destroy all copies thereof. 4 10. CONTRACT RIGHTS/REMEDIES 10.1. Riahts Cumulative. All remedies available to a party under the terms of this Agreement or by law are cumulative and may be exercised concurrently or separately, and the exercise of anyone remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 10.2. Waiver. The waiver of any default by a party, or the failure to give notice of any default, shall not constitute a waiver of any subsequent default or be deemed to be a failure to give such notice with respect to any subsequent default. 11. REPRESENTATIVES 11.1. Authorized Representative. The following named persons are designated the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications and subcontracts, except that (1) as to the County, the Authorized Representative shall have only the authority specifically or generally granted by the County Board; and (2) with respect to the City, the Prior Lake City Manager shall have only the authority specifically or generally granted by the City Council. Notification required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement. City: Frank Boyles Prior Lake City Manager Prior Lake City Hall 4646 Dakota Street SE Prior Lake, MN 55372 Phone: (952) 447-9801 County: David J. Unmacht Scott County Administrator 200 Fourth Avenue West Shakopee, MN 55379 Phone: (952) 445-7750 11.2 Liaison. To assist the parties in the day-to-day performance of this Agreement and to develop service, ensure compliance and provide ongoing consultation, a liaison shall be designated by the City and the County. The parties shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement the following persons are designated liaisons: City Liaison: Phone Number: Steve Albrecht (952) 447-9890 County Liaison: Phone Number: James L. Hentges (952) 496-8362 12. MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, and signed by the authorized representatives. 5 13. SEVERABILITY The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to any party. 14. DATA PRACTICES County and City and their agents and employees agree to abide by the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. 15. RECORDS - AVAILABILITY AND RETENTION Complete and accurate records of the work performed pursuant to this agreement shall be kept by the parties for a minimum of six years following termination of this agreement. The retention period shall be automatically extended during the course of any administrative or judicial action involving the parties regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is finally completed. Pursuant to Minn. Stat. Section 168.06, Subd. 4, the books, records, documents, and accounting procedures and practices of the parties relative to this Agreement shall be subject to examination by the parties and the State Auditor. 16. ENTIRE AGREEMENT This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. 6 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. SCOTT COUNTY CITY OF PRIOR LAKE By By Barbara Marschall Chair, Scott County Board of Commissioners Jack Haugen Mayor DATE DATE ATTEST David J. Unmacht Scott County Administrator ATTEST Frank Boyles City Manager DATE DATE APPROVED AS TO FORM: APPROVED AS TO FORM: Pat Ciliberto Scott County Attorney City Attorney DATE DATE W:\WORD\Surveyor\2007 Aerial Flight\Coop_Prior Lake.doc