2015-284ORDINANCE NO. 2015 -284
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF
GOVERNMENTS ( NCTCOG) UNDER SECTION 791.001 OF THE TEXAS GOVERNMENT
CODE, TO AUTHORIZE THE CITY OF DENTON TO OBTAIN DIGITAL
ORTHOPHOTOGRAPHY DATA AND LIDAR AND CONTOUR DATA FROM THE
NCTCOG GEOGRAPHIC INFORMATION SYSTEM; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5930 -
INTERLOCAL AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF
GOVERNMENTS IN THE NOT -TO- EXCEED AMOUNT OF $57,856.50).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute the
Interlocal Agreement with the North Central Texas Council of Governments under Section
791.001 of the Texas Government Code, a copy of which is attached hereto and incorporated by
reference herein (the "Agreement ").
SECTION 2. The City Manager or his designee is authorized to expend funds pursuant
to the Agreement for the purchase of various goods and services.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 5930 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: —°
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North Central Texas Council of Governments
INTERLOCAL AGREEMENT BETWEEN
THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND
CITY OF DENTON
WHEREAS, the North Central Texas Council of Governments ( NCTCOG) has an interest
in assisting local governments in providing information for planning, engineering, public safety,
and municipal management;
WHEREAS, the CITY OF DENTON (Entity), wishes to have its map -based information
system include the 2015 digital orthophotography and /or LiDAR and contour data and has
determined that the creation of this resource provides information for a multitude of uses
throughout the Entity and thus serves a valid public purpose;
WHEREAS, the Entity requires this information to accomplish this purpose and has
determined that NCTCOG can fulfill this need, and NCTCOG is willing to reciprocate; and
WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government Code;
WHEREAS, NCTCOG and Entity are local governments as that term is defined in Section
791.003(4) of the Texas Government Code;
WHEREAS, Section 791.025 of the Texas Government Code authorizes local
governments to agree with another local government to purchase goods and services;
WHEREAS, a local government that purchases goods and services under Section
791.025 of the Texas Government Code satisfies the requirement of the local government to seek
competitive bids for the purchase of goods and services;
WHEREAS, NCTCOG and Entity, acting by and through their respective governing
bodies, adopt the foregoing premises as findings of said governing bodies; and
NOW THEREFORE, the parties, Entity and NCTCOG, agree to the following terms and
conditions regarding the creation of digital aerial photography.
I. LICENSE AGREEMENT
The personnel specified in Appendix A will serve as points of contact for their respective
organizations. The following provisions are a license agreement between NCTCOG and the
Entity with respect to data products that are identified in section II. NCTCOG is the owner of and
has the right to grant a license to use the said data products free of all liens, claims,
encumbrances, and other restrictions and without otherwise violating any rights of any third party,
including any patent, copyright, trade secret, or other proprietary rights.
The NCTCOG data product may be distributed to the Entity on CD -ROM, DVD, or portable hard
drive. The Entity will need to install and operate the NCTCOG data product on properly
configured and compatible computer equipment running third party system and application
software supplied by the Entity. The Entity will also need to insure that any required data not
supplied by NCTCOG is in proper format and no other software or equipment having an adverse
impact on the NCTCOG product is present.
A. Licensed Operating Environment
(1) Operating Equipment. In exchange for monetary consideration listed in section III, the
Entity will be granted an exclusive operation license to install, store, load, execute, and
display (collectively, "Use ") the NCTCOG data product on as many local area networks
and /or end -user workstations as the Entity reasonably needs in support of its own
operation (the "Licensed Operating Environment "). Any software components of the
NCTCOG data product are provided in machine - readable executable format only.
(2) Authorized Users. Unless otherwise agreed in writing, the NCTCOG data product will be
used by Entity officials, officers, employees, and authorized contractors only ( "Authorized
Users "). A contractor shall be deemed authorized to Use the data products by the Entity
or NCTCOG if such Use is incidental to a larger relationship between the contractor and
the Entity, and is used for purposes no greater than reasonably needed to achieve the
objectives of an actual project undertaken in connection with that relationship. The
contractor must agree in writing to be bound by the provisions of this Agreement.
B. Permitted Uses
(1) Use of NCTCOG Products. The Entity's Authorized Users may Use the NCTCOG data
product in the Licensed Operating Environment for any use that furthers the Entity's
internal operations or in furtherance of the Entity's mission.
(2) Use of Generated Output or Other Data. Except as stated, the Entity will own all original
works of authorship it may independently create. Digital output from the Entity's Use of
the NCTCOG Data Product may be resized as desired and printed on black and white,
color printers, or map plotters. Such printed hardcopies may be distributed to the Entity's
officers, employees, citizens, contractors, or other persons in the regular course of
business for their internal use or in connection with an actual transaction. Such printed
output may be further copied, photographed, or reproduced digitally on the Internet. The
Entity may charge a fee for such hardcopy printouts that exceed the actual direct cost of
production. Without the prior written consent of NCTCOG, the Entity may not otherwise
provide copied, digitized, reproduced, transmitted or disseminated, in whole or in part, any
of the original digital data product in any form.
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II. OBLIGATIONS
Upon delivery of the products, NCTCOG shall invoice the Entity for the stipulated amounts listed
below.
Coverage Area: CITY OF DENTON
Square miles = 117
You have agreed to the payment terms listed below and have secured the total amount with
purchase order (PO) number (Please enter a PO number if blank. If you
have not yet secured a PO, please enter 9999).
Invoice Date
Fiscal Year or After Delivery
Payment Years
FY 2015 -16
If a payment term has not been specified, please select FY 2015 or FY 2015 -16
If your payment is spread across two fiscal years you will be invoiced 50% of the total amount
each year. Upon receipt of the first invoice, the Entity had thirty (30) days to review the products
and pay said invoice or the remaining amount owed to the North Central Texas Council of
Governments ( NCTCOG).
III. TERMINATION
The parties agree that the Entity may terminate this Agreement by providing thirty (30) days
written notice to NCTCOG. Such notice shall be given to NCTCOG at the address set forth under
its signature below. In the event of such termination, NCTCOG shall reimburse to the Entity pro -
ratable portion of the contracted amount for services rendered. The Entity would also reimburse
NCTCOG for staff time billed to the project up to termination at a rate of $95.00 /hour.
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IV. AFFIDAVIT OF PROHIBITED INTEREST
NCTCOG acknowledges and represents it is aware of the laws, City Charter, and City Code of
Conduct regarding prohibited interests and that the existence of a prohibited interest at any time
will render this Agreement null and void.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
indicated below.
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
a
Mi a Eastland Date
Executive Director
616 Six Flags Drive, Suite 200
Arlington, Texas 76011
CITY tF..,DENT
Signature
Name. g�
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Title:
Street Address:
City, State, Zip :... . -t ,
5/15/2015
945-2o/5
Date
APPROVED AS TO FORM:
""11101411 6-1-11,
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APPENDIX A
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
MAIN CONTACT ADDITIONAL CONTACT
--- ----- . ................... .
[Name: Shelley Broyles David Raybuck
. . ...............
Title: GIS Project Coordinator Chief Technology Officer
Department Research and Information Services Research and Information Services
---- - - . ..... . . . . ............... _ .. . ..... . .....
Organization: NCTCOG INCTCOG
.. . . ...................
Street Address: 616 Six Flags Drive, Suite 200 L 16 Six Flags Drive, Suite 200
City, State, Zip Arlington, Texas 76011 Arlington, Texas 76011
I""- . . ........
Phone/Fax: (817) 695-9156 (817) 640-4428 (817)60
8 -2 357 (817) 640-442
=d r- cog.org
E-mail: sbroyles@nctcog.org
. . . . ...... - . ......
. . . . .....................
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