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DATE: MARCH 28� 1990
TO: MAYOR & COUNCILMEMBERB
C/O ADMINISTRATOR JILR
FROMs CITY ENGINEER/PUBLIC WORRS DIRECTOR HEFT '
RE: ITEM FOR THE APRIL 3, 1990 COUNCIL MEETIN(3
NEW BUSINESS
A�prove GI5 Qata Cost Share Aqreement Concept
This item consist of Council approving the preliminary draft of the
attached agreement between the County, the City and Dakota Electric for
cost sharing af aerial photography and stereo digitizing. This memo will
provide some background on the agreement, the Citys' cost share of the
agreement and recommended action for Council to consider.
Dakota County has entered into a contract with Greenhorne & O'Mara to
provide aerial phatography and stereo digitizing services for all land
incorporated within the City of Rosemount. The services w� are purchasing
in this agreement will provide for data on all physical land features
within the City. The aerial photography will provide location and sizes of
all existing buildings, houses and small structures. The stereo digitiza.ng
services will provide data as to the physical land features utilizing
elevation, contour lines, lowlands, hills, water bodies, wooded areas, etc.
All this information will be in an electronic format that will allow the
County to add it to its geographic informational system.
The cost to the City for this service amounts to $41,��4. 60. That breaks
down into $2 , 596.25 per square mile or a little over' $4 .Q0 per acre. If we
would iike to purchase the 1990 half section photographs they would be
$50. 00 each or about $3 , 600 for all the half sections in the City. I would
recommend purcha�ing these half section photographs because our existing
half section photographs were taken in 1985. Therefore the total amount we
would be requesting Council to dedicate from the budget amount in the
C. I. P. would be $44 ,724 . 60 far the aerial photography, stereo digitizing
and one half section photographs.
As a special note to Council regarding the purchase of the future software-
hardware to incorporate the total GT5 system, I have come across an
alternative that would save us a great deal of money. There is a company
that provides GIS software called Digicad. Its local vendor in the
metzopolitan area is Barr Engineering Company of Bloomington. In reviewing
the Digicad software and talking to a representative from Sarr Engineering,
i� appears to me that the Digicad software will provide us with the
necessary GIS software that we will need at this time. As I understand it,
the main difference between Digicad and Ultimap is that with Digicad you
cannot operate simultaneous multi-workstations. That is, two or more
people cannot work in the same file at th� same time. The Digiaad system
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would require that only one data file be used per workstation. I do not
feel that this would pose any problem to us for the next 3-5 years. If we
do need to go to a simultaneous system user, the people who provide the
Digicad software also provide a higher level of software called Infocad.
Purchasing this software and associated hardware would all.ow us to operate
on a system similar to the Ultimap GIS software and Apollo hardware.
The main advantage of the Digicad software system is that it will aperate
on the existing IBMPS2 computer that we recently purchased. The other
advantage is that the company producing the Digicad software, Digital
Matrix, Inc. , has a technology sharing program that will provide software
to governmental agencies at no cost. This would include only one license
under this program. Additional licenses would have to be purchased from
Di,gital Matrix Services, Inc. The list price for the software cost is
$3, 000. The catch to this program is that the City would have to
participate in a 2p hour training session at a cost af $1,000. The 2Q hour
training program is available in Miami, Florida at no cost for one
participant and $1, 000 far each additional participant. Barr Engineering
Company of Bloomington has an attractive alternate offer. Their o�€er is
that they will provide the 20 hvur training session in Minneapolis at a
cost of $1, 000 for one or two participants. We could send two people for
20 hours of training in Minneapolis and receive the $3 , Op0 software for an
investment of $1,000.
The Digicad software would also relieve us of having to purchase a software
pac}cage sueh as Autocad or Generiaad which we have indi.cated previausly.
I feel that this technology sharing program through Barr Engineering using
Digicad software will fulfill our current GIS and CAD needs at a much
cheaper cost than the Ultimap software and also allow us to fully use the
existing P52 computer we recently purchased.
Barr Engineering Company has written a translation program to translate
data stared in the Ultimap foxmat to a format that is compatible for the
Digicad use. This translation will translate almost 100� of the Ultimap
data. The only data that cannot be translated at this time relates to
text printed on a curve and a short squiggly line that iridicates th�t
parcels are tied together. In time, these will also be included in the
translation package, which Barr indicated they would provide to us, as a
client, at their cast ta copy the program and provide some documentation
and training for it.
Returning to the primary matter at hand regarding the cost sharing
agreement, I understand that the Dakota County Board wi1�. be considering
approving the final draft of this agreement at their April 10, 1990 Board
meeting. If Council approves of the language in this agreement, we would
be ready to bring back the final agreement for Council approval at the
April 17, 1990 Council meeting. For Councils information, our City
Attorney will be reviewing this draft also.
Action for Council to consider is to authorize the use of $44, 724 .60 of the
$60, 000 bugeted in the 1990 C.I.P. to proceed with the aerial photography
and stereo digitizing.
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' � AGREEMENT BETWEEN THE COUNTY OT' DAKOTA,
THE CITY OF ROSEMOUNT AND DAKQTA ELECTRIC ASSOCIATIUN
FOR COST SHARING OF AERTAL PHO'i'OGRA,PHY ANp STERE� DIGITIZING
This Agreement is made and en�ered into between the Dakota
County Survey and Land Informati.on Department , 730p W. 197th Street,
Suite 300, Apple Valley, Minnesota 55124, by and through the Dakota
County Board of Commissioners, hereinafter "County" ; the City of
Rosemount, 2875 - 145th Street, Rosemount, Minnesota 55068,
hereina�ter "City" ; and Dakota �lectric Associatzon, 43QA 220th
Street West, Farmington, Minnesota 55024, hereinafter "pEA" .
WHEREAS, the County desires services for cost sharing of aerial
photography and stereo di.gitizing; and
WHEREAS, the County is contracting for aerial photography and
stereo digitizing for the Rosemount area; and
WHEREAS, the parties desire to share the costs of said servic�s
and the benefits therefrom; and
WHEREAS, the respective governing bodies o� each party have
authorized this Agreement .
NOW, THEREFORE, in consideration of the mutual pramises and
agreements co�tained herein the parties agree as follows:
1 . GENERAL PROVISIONS.
l.l Purpose. The general purpose of this Agreement is to
establish the terms of cost and benefit sharing in obtaining aerial
photography and stereo digitizing for all of the area located within
the corporate limits of the City of Rosemount, legally described
as : Sections 16 through and includinq 21 and Sections �.8 through
and including 33, Township 115N, Range 18W and all of Township 115N,
Range 19W.
1 • 2 Recikals. The recitals set forth in the whereas clauses
abave are incorporated by reference as if fully set forth herein .
1 . 3 Cooperation. The parties shall eooperate and use their
reasonable efforts to ensure the most expeditious implementation of
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the various provisions of this Agreement . The parties agree to, in
good faith, undertake resolution af any disputes in an equitable and
timely manner.
1 . 4 Term. This Agreement shall be in effe�t from the dat� oE
execution by all partzes, or from thQ commencement oF seruices
hereunder, whichever is Eirst , and shall continue in ef£ect until
termznated in accordanc� w�th the provisions herein.
2 . DEFINITIONS. Unles� the language or context clearly
indicates that a different meaning is inkended, the following words,
terms and phrases, when capitalized, shall have the following
meaning:
Horizontal Ground Control
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3 . PURCHASE QF SE�VICES.
3 . 1 Caunty A�ement. The sterea digitizing and aerial
photography to be o�, tained sha].1 be governed by the terms of a
separate contract between the County and Greenhorne and Q'Mara in
which the City and DEA shall be named as third party beneficiaries.
3. 2 Non-exclusive. Nothing in this Agreement or in the cantrac�
between the County and contractor reFerenced aboue 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 parties share of the costs for the services and
products produced as a result of the contract re€erenced in
paragraph 3 .1 shall be as Eollows:
County 44$
City 44$
DEA 12$
The distribution of cost is based on DEA's service area coverage
which does not include the entire area described in ara ra h 1 . 1 .
P 9 P
4 • 2 Fiscal A�ent. The County shall be the Eiscal agent for
purposes of this Agreement. The contractor providing stereo
digitizing pursuant to the terms of the agreement reEerenced in
paragraph 3 shall submit invoices to the County who shall make
payment to the contractor . The County shall then submit bills to
each party for their share of the cost . The City and DEA shall each
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` reimburse the County for their share within 35 days by submitting
payment in the proper amount to:
Dakota Caunty Treasurer
Dakota County Government Center
�560 West Highway 55
Hastings, Minnesota 55033
5 . ADDITIONAL OBLIGATIONS OF THE PARTIES.
5 . 1 Contract Manaqer . The County shall be the contract manag�r
for the purposes of the Agreeme»t. All contacts and correspondence
with the contractor shall be submitted an� received through �he
County. Information received by the County from the contractor
shall be disbursed promptly to each party.
5. 2 Ground Control . In preparation for contractor ' s services,
the County shall be responsible for both horizonta� and vertical
ground control .
5 . 3 Distribution of Data. Data or products obtained under the
terms of thxs Agreement may be sold to persons or entities not party
to this Agreement, at prices to be set by mutual agreement of the
parties . Proceeds from any sales shall be disbursed pro-rata based
on the amount of contribution pursuant to this Agreement .
5.4 Co yri hc�t. Data diskribution shall contain a copyright as
follows:
Copyright, � 199 by Dakota County. Al1
rights reserved. No part of this document
may be reproduced, copied or transmitted in
any form or by any means - graQhic,
electronic, or mechanical , including
photocopying, recording, or by information
storage and retrieval system - without
written permission fram Dakota County.
.Copyright is not claimed in discrete facts,
but in the compilation, arrangement,
organization, presentation and form of khe
data, records and information.
Parties to this Ag�eement may copy and use data so long as such use
is for internal purposes only.
5 . 5 Disclaimer . Maps distributed shall cantain 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 recards, infprmation and data from
various city, county and state offices and
other sources. This document should be used
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for reference only. No representation is
made that Eeatures presented, accurately
reflect true location. Dakota County or any
okher entity from whom data was obtained
assume no liability for any errors or
omissions herein. If discrepancies are
found, please contact the Dakota Coun�y
Survey and Land Information Office.
5 . 6 Base Map. The County shall create the digital tap� parcel
base map and provide one copy of the digital tape to each party at
no additional cost.
5.7 Trade Secrets. No party shall disclose to any other person,
organization or entity (excepting other municipal governmental units
who are party to a GTS cost share agreement with Dakota County) any
data supplied by DEA which DEA has de�ignated as proprietary or
trade secret, except where required pursuant to the Minnesota Data
Practices Act or other state or federal law regarding the disclose
of data.
6 • INDEMNIFICATION.
6 . 1 Liability. Each party to this AgreemenC shall. be liable �or
its own acks ane� th� resu].ks thereo� to the extent authc�rized by iaw
and shall not be responsilale for the acts of the other party, its
officers, em�loyees ar aqents. Liability of the County or other
M�nnesota palitical subdivisions shall be governed by the provisions
oF the Municipal Tart Claims Act, Minn. Stat. Ch. 466 and other
applicable laws.
7 • SUCCESSORS. Each party binds itsel:E 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 • DEFAUL�.
Force Ma 'eure. 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 Eoreseen
and reasonable action could have been taken ko prevent the delay or
failure: fire, flood, epidemie, 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 khe inability
to perform.
9 • TERMINATION.
9 .1 With or Without Cause . This Agreement may be terminated with
or without cause, by the County upon thirty ( 30j days wriL-ten
notice.
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9 . 2 Non-Appropriation. Notwithstanding any provision of this
Agreement to the contrary, this Agreement may be terminated by any
party in the event sufficient funds From the County, State, Federal
or other sources are not appropriated, obtained and continued at
least the level relied on for the performance of this Agreement ; and
the non-appropriation of funds did not result �rom any act oE bad
Eaith on the part of the County.
9 . 3 Written Notice of Termination . Notice of Termination shall
be made by certified mail or personal delivery to the Authorized
Agent of tfie party. Notice is deemed efEective upon delivery of the
Notice of Termination to the party's Authori2ed Representati.ve.
Notice shall include a certified copy of khe resolution of the
governing board indicating its intent to terminate the Agreement .
4. 4 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 discharqe any obligation which
by its nature would survive after the date of termination, including
by way oF illustration only and not limitation, Skandard 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 accorandance 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.
10 . CONTRACT RIGHTS�REMEDIES.
10 . 1 Rights Cumulative. All remedies available to a party under
the terms of this Agreement or by law are cumulative and m�y be �
exercised cancurrently or separately, and the exercise oE any one
remedy shall not be deemed an election of such remedy to the
exclusion of pther remedies.
10. 2 Waiver . The waiver o� 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 respeck to any subsequent default .
11. REPRESENTATIVE.
11 . 1 Authorized Representative. The following named persons are
designated the Authorized Representatives of parties �or purpose� oE
this Agreement . These persons have authority to bind the party they
represent and to consent ta modificatians and subcontracts, except
that, as to the County, the Authorized Representative shall have
only the aukhority specifically or generally granted by the County
Board. Notification required to be provided pursuant to this
Agreement shall be provided to the following named persons and
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