07-002 - R TOWN OF PROSPER,TEXAS RESOLUTION NO. 07-02
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE MAYOR OF THE
TOWN OF PROSPER, TEXAS, TO EXECUTE AN AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS AND THE NORTH
CENTRAL TEXAS COUNCIL OF GOVERNMENTS REGARDING THE
PURCHASE OF 2007 DIGITAL AERIAL PHOTOGRAPHY AND
ELEVATION CONTOURS.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER,TEXAS:
SECTION 1: The Mayor of the Town of Prosper,Texas, is hereby authorized to execute,
on behalf of the Town Council of the Town of Prosper, Texas, an Agreement between the Town
of Prosper, Texas, and The North Central Texas Council of Governments regarding the purchase
of 2007 digital aerial photography and elevation contours in the amount of$6,051.50.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 9th day of January,2007.
I
Charles Niswanger,M or
ATTEST TO:
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North Central Texas Council of Governments
AGREEMENT BETWEEN
THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND
TOWN OF PROSPER
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 TOWN OF PROSPER (Entity), wishes to have its map-based information
system include the most current digital aerial photography, elevation contours, and/or planimetrics
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
NOW THEREFORE, the parties, Entity and NCTCOG, agree to the following terms and
conditions regarding the creation of digital aerial photography, elevation contours, and
planimetrics.
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 Appendix B. 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.
(3) Mandatory Copyright Notice. Any permitted printing or reproduction of output material
generated by the NCTCOG data product requires a copyright notice. As a courtesy to the
participating Entity, the copyright notice can include the Entity name.
Copyright 2007, North Central Texas Council of Governments
Or
Copyright 2007, TOWN OF PROSPER, and the North Central Texas Council of Governments
11/21/2006
II. DELIVERABLES
The items listed in section II and III are based on the results of the online order interest form
(http://gis.nctcog.org/cost_estimates.asp)that was completed by HULON WEBB,
DIRECTOR/TOWN ENGINEER.
Coverage Area
CITY LIMITS
Aerial Photography Resolution
6 inch
Aerial Photography Format
MrSID,TIFF
Elevation Contours Format
DXF, SHP, e00
Planimetrics
Bridges [
Buildings [
Fences [ ]
Lakes [ ]
Parking Lots [
Stream Centerlines [ ]
Stream Edges [ ]
Road Edges [ ]
Sidewalks [
Tree Canopy [ ]
•
Pools [
Driveways [
Pavement Pads [
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•
•
III. OBLIGATIONS
Upon delivery of the products listed in section II, NCTCOG shall invoice the Entity for the
stipulated amounts listed below.
Product Amount
Aerial Photography $1,938.75
Elevation Contours $4,112.75
Planimetrics $0.00
Total $6,051.50
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).
Payment Years
FY 2007-08
Invoice Dates
Delivery date
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).
Upon completion of the 30-day review period,the participating Entity agrees to compensate
NCTCOG to replace any lost or damaged data, at a cost of$100 per CD or$250 per DVD. If data
was delivered via portable hard drive, a cost of$500 will be charged for additional deliveries.
IV. 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.
11/21/2006
ACKNOWLEDGMENT
STATE OF TEXAS )
COUNTY OF TARRANT )
BEFORE ME, the undersigned authority, on this day personally appeared Mike Eastland
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the above for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN under my hand and seal of office this the g 67 day of_7n Mr- , 20 4.
It, STEPHANIE CECIL -- ai
' ? Notary Public,State of Texas
My Commission Expires — ----
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,,,,,,,,;� September 12, 2010 Nota Pu lic in and for the State of Texas
ACKNOWLEDGMENT
STATE OF TEXAS )
COUNTY OF COLLIN )
BEFORE ME, the undersigned authority, on this day personally appeared
known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same as the act and deed of
the _ _ the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN under my hand and seal of office this the day of , 20 .
Notary Public in and for the State of Texas
11/21/2006
V. 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.
O TRAL T S COUNCIL OF GOVERNMENTS
.2/4
Mike Eastland Date
Executive Director
616 Six Flags Drive, Suite 200
Arlington, Texas 76011
TOWN OF PROSPER
Signature Date
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APPENDIX A
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
MAIN CONTACT ADDITIONAL CONTACT
Name: Mike Sudac Mick Maguire
Title: GIS Supervisor RIS Program Manager
Department Research and Information Services Research and Information Services
Organization: NCTCOG NCTCOG
Street Address: 616 Six Flags Drive, Suite 200 616 Six Flags Drive, Suite 200
City, State, Zip Arlington, Texas 76011 Arlington, Texas 76011
Phone/Fax: (817) 608-2357 (817) 640-4428 (817) 704-2519 (817) 640-4428
E-mail: msudac@nctcog.org mmaguire@nctcog.org
TOWN OF PROSPER
MAIN CONTACT
Name: HULON WEBB
Title: DIRECTOR/TOWN ENGINEER
Department DEVELOPMENT SERVICES
Street Address: 407 E FIRST ST
City,Zip PROSPER, 75078
Phone/Fax: (972) 346-3502 (972) 347-9006
E-mail: hulon_webb@prospertx.gov
11/21/2006