HomeMy WebLinkAbout2006-034 - Cost Sharing Agreement with MARC for the Kansas City Metropolitan Region Aerial Photography Project'- . ~ '
BILL NO.2006-34 ORDINANCE NO.2006-34
AN ORDINANCE APPROVING THE FORM OF, AND AUTHORIZING THE CITY TO
COMPLETE AND EXECUTE, A COST SHARING AGREEMENT BETWEEN THE CITY OF
RIVERSIDE, MISSOURI AND MID-AMERICA REGIONAL COUNCIL FOR THE KANSAS
CITY METROPOLITAN REGION AERIAL PHOTOGRAPHY PROJECT
WHEREAS, the Kansas City Metropolitan Region Aerial Photography Project (the "Project") is a
project that involves the acquisition of orthophotography, Digital Elevation Model and their corresponding
metadata (the "Orthos"), for areas in and around the Kansas City Metropolitan Region (the "Region"). The
Project has been established by KC MetroGIS (the "Committee"), a committee of GIS professionals established
by MARC;
WHEREAS, the City of Riverside, Missouri (the "City") has determined that the City requires the
Project and that such Project is for a public purpose; and
WHEREAS, the City will be involved in a Cost Sharing Model to distribute the overall cost of the
Imagery between the various agencies participating in the Project.
follows:
NOW, THEREFORE, BE IT ORDAINED, by the Board of Aldermen of Riverside, Missouri, as
Section 1. The City of Riverside shall enter into the Cost Sharing Agreement, to be substantially in
the form attached hereto as Exhibit A, with Mid America Regional Council, whereby Mid America Regional
Council will provide Services specified in the Agreement, and as consideration for such Services the City shall
pay fees described in the Agreement.
Section 2. The Mayor Pro Tem and the City Clerk are authorized and directed to execute the
Agreement, execution of such document being conclusive proof of such approval. The Mayor Pro Tem, City
Clerk, and City Administrator are each authorized and directed to perform all acts and execute any other
documents necessary or desirable to effectuate the intent of this Ordinance.
Section 3. The sections, paragraphs, clauses, and phrases of the Ordinance are severable and if any
portion of the Ordinance is declared unlawful by the valid judgment, decree, or injunction order of a court of
competent jurisdiction, such ruling shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
and sections of the Ordinance and all provisions of the Ordinance not specifically declared to be unlawful shall
remain in full force and effect.
Section 4. This ordinance shall take effect immediately.
Passed this~~~ay of March, 2006.
A EST,-' '
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Cit Clerk
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Ma r Pro Tem
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COST SHARING AGREEMENT r
This Cost Sharing Agreement (the "Agreement") is made effective as of thi~l
day of , 2006, by and between Mid-America Regional Council ("MARC")")
and the City of Riverside (the "Participant").
WITNESSETH
WHEREAS, the Kansas City Metropolitan Region Aerial Photography Project
(the "Project") is a project that involves the acquisition of orthophotography, Digital
Elevation Model and their corresponding metadata (the "Orthos"), for areas in and
around the Kansas City Metropolitan Region (the "Region"). The Project has been
established by KC MetroGIS (the "Committee"), a committee of GIS professionals
established by MARC;
WHEREAS, the Committee has identified that an overall reduced cost will be
achieved pursuant to economies of scale if the governmental agencies in the Region work
together for a consolidated purchase of the Orthos (the "Imager') from a single vendor;
WHEREAS, counties outside the Region also desire to participate in the Project
("Outside Counties"), including Lafayette in 1Vlssotui and Jefferson in Kansas;
WHEREAS, the Committee has established a Cost Sharing Model (the "Model")
to distribute the overall cost of the Imagery between the various agencies participating in
the Project (the "Participating Agencies");
WHEREAS, The Committee determined that asub-group of members will act as
the steering committee (the "Steering Committee") for the development of standards,
selection of a vendor and discussing Issues relating to the Project, and that the Steering
Committee will be defined as:
The eight (8) counties that make up the MARL region including Platte,
Clay, Ray, Jackson and Cass in Missouri and Leavenworth, Wyandotte
and Johnson in Kansas:
2. The City of Kansas City Missouri; and
3. Mid-America Regional Council
WHEREAS, MARC is coordinating the contract and administration of the
Project; and
WHEREAS, this Agreement contains the key points that all Participating
Agencies agree to in the preparation, distribution and payment of the Imagery that are
acquired through the Project.
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NOW, THEREFORE, in consideration of the mutual covenants herein, and
intending to be legally bound hereby, MARC and Participant agree as follows:
1. Services. Pursuant- to the Contract for Professional Services (the
"Contract") between MARC and GE Geospatial Soltrtioms (the "Contractor") attached
hereto as Exhibit A and incorporated herein by reference, the Contractor and/or its
subcontractors identified in Exhibit A will prepare the Imagery (the "Services"). MARC
shall act as the coordinating agency to administer the terms pursuant to this Agreement
and the Contract. At. all times, MARC shall act in the best interest of all of the
Participating Agencies.
2. Payment for Orthos. As compensation for the Services provided by the
Contractor for the benefit of Participant relating to the Orthos, Participant agrees to pay
an amount not to exceed $2,194.16 (the "Ortho Fee") to MARC. The Ortho Fee the cSO s
on (a) a conservative estimate of the number of Participating Agencies, (b)
matrix provided by the Contractor in their proposal, and (c) the 'formulas in the Model,
which is named "Kansas~City_Regional_Aerial~Cost_Share_Model.xls" and which is
attached hereto as Exhibit 13. The Ortho h'ee shah be transferred to MARC within thirty
(30) days of the execution of thisAgreernent. The Ortho-.Fee will,be kept by MARC in a
designated fund that will be used tq pay for the prthos aped any other expenses incurred
by MARC pursuant to this Agreement or the COntract. In the event of a change in the
number of Participating Agencies that agree to cant~ibute to the Project after the
execution of this Agreement, the Ortho Fee shall :be recalculated as provided above and
adjusted accordingly. At the conclusion of the Project, MARC will return to the
Participant any remaining portion of the Ortho Fee not paid to the Contractor as provided
in this Agreement.
3. Review and Approval of :the Orthos. The. Steering Committee, minus
MARC, plus the Outside Counties (collectively, the "Ortho Reviewers", and individually,
an "Ortho Reviewer") shall review all Orthos relating to the Project. Each Ortho
Reviewer will receive the Orchos within its jurisdictional boundaries directly from the
Contractor. Each Ortho Reviewer will review the Orthos pursuant to their respective
quality control procedures, and coordinate between -any,p,~ticipating Agencies that have
overlapping boundaries. Orthos that do not adhere to tine quality standards described in
the Contract or the quality control standards of the respective Ortho Reviewers will be
handled according to the,Contract, including a thirty (30) day period for review period by
the respective Ortho Reviewers and a thirty (30).day curlePeriod by the Contractor.
4. Payments. to Contractor. MARC .will pay invoices from the Contractor for
Services rendered on a monthly basis, with ten (10) percent retained until all Images,
receive final approval from all of the Reviewers. Once a Reviewer completes its review
and notifies the Contractor that,: all ~of-::its xespeati~te .Rages are satisfactory, such
Reviewer will also simul#aneou~ly notify;MARG in rvrti~rg• Once such notification has
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of this Agreement that each Participating Agency will remain the primary point of
distribution for the Orthos within its jurisdictional boundaries.
9. Limitation of Liability. Participant hereby acknowledges that MARC is
administering the Project for the purpose of providing a benefit to the Participating
Agencies. PARTICIPANT HEREBY AGREES THAT MARC AND ITS AFFILIATES
SHALL HAVE NO LIABILITY WHATSOEVER FbR ANY CLAIMS OF ANY
NATURE WHETHER SUCH CLAIMS ARE BASED ON WARRANTY, CONTRACT,
NEGLIGENCE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY,
INDEMNIFICATION, STATUTE, ANY OTHER CAUSE OR COMBINATION OF
CAU~S ESQ, O~OTHECONTRACT OR THE EI~VOCE FRO ID D THERELJNDERIS
AG
10. Audit. If the parties disagree as to the determination of the Ortho Fee,
they shall jointly retain an independent certified public accountant to make the
determination, which shall be jointly binding on them. The parties shall split evenly the
expenses of making the determination, except that if the accountant concludes that either
party had been unreasonable, such party shall bear the full expense of the determination.
11. Inspection of Books. Each party shall permit the other, upon reasonable
request, to inspect its books and records relevant to the determination of the Ortho Fee,
the Imagery obtained and payments to the Contractor.
12. Termination and Modification. This Agreement shall terminate
immediately upon: (a) the mutual consent of the parties; or (b) sixty (60) days prior
written notice by either party.
13. Settlement Upon Termination. No later than ten (10) days after the end of
MARC shall deliver
the month during which this Agreement > terminated for any reason,
to Participant a final invoice setting forth any amount due hereunder or any`rvel~ n fifteen
Participant. Any amounts due and owing shall be paid to the other party
(15) days of the date of the final invoice.
14. Ame_=nts• This Agreement may be .amended only upon the parties'
mutual written consent signed by the parties.
15. Assignment. This Agreement may not be assigned without the prior
written consent of the other party
16. Governing Law. This Agreement shall be governed by, interpreted and
enforced in accordance with the laws of the State of Missouri (without regard to conflict
of laws principles under which the laws of another state might apply).
17. Notices. All notices, statements or requests provided for hereunder shall
be in writing and shall be deemed to have been given when delivered by hand to an
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been received by MARC from all Reviewers, MARC will pay the retained amount in full
to the Contractor within thirty (30) days.
5. Receipt of L*~aaes. Altar final approval and receipt of the Images by each
Reviewer, the Reviewer will deliver images to each Farticipating Agency within its
boundaries according to a rn~tllod agreed to by a.majority x1f the Participating Agencies.
6. Ownership Access and IDistri~~~tion of Ortllos. Each. Participating Agency
will have ownership of the Orthos within their junschctxonal boundaries. In cases where
Participating Agencies have ov~ariapping boundaries, su¢h Participating Agencies will
jointly own the Orthos and will mahe a good faith effort to agree on a consistent price
and criteria for selling or otherwise distributing the Orthos. Each Participating Agency
will have access to the Orthos outside of their jurisdictional boundary for internal use
only, but will not have ownership of s>ach Orthos or be allowed to sell or otherwise
distribute such Orthos in any manner. The Participating. Ag¢ncias may print a hard copy
or PDF of any Ortho within their jurisdictioral boundaries and may sell or otherwise
distribute such Orthos according to each agency's ~>Rrrently adopted policy. Each
Participating Agency will remain the point of distrilluu~ton for the Orthos within its
jurisdictional boundaries and may collect and retain any consideration from any sale or
other distribution of such Orthos.
7. The United States Gecrlo~i~aal Su~Y?ey USIA may also be a Participating
Agency and may contribute up to twenty-five percent (~5%) of the cost of the Orthos.
Provided that USGS does financially participate ire -the Fr~j~ct,. USES will receive a copy
of the Orthos to provide to the National Geospatal Il~t+slligence. Agency (NGA) and
Department of Homeland Security (DHS). Payment by USGS will be made to MARC
and will be due thirty (30) days after the date that USGS receives the Orthos. After
receipt of this payment, IvIARC will distribute r~fiainds dixe to Participating Agencies
proportionate to their contribution to the Prtaject. The da#a provided to USGS will remain
in a classified environrnent and be used foz` horhelan'd~ security purposes. In addition,
USGS will process the six {6) inch imagery to oiae (') fbd+t resolution and convert the data
to a UTM projection. The one (1) foot UTM imager~+ will be posted on the Seamless
Data Server at http://seamless.usgs.gov and The Nation 1 Map at http://nationalmap.gov
within approximately one (1) year after receiving the Oos.
8. MARC's Receipt and Use of Orthos. Participant agrees that MARC will
receive a copy of the Ot`Chos' for use in its role as the''Region's Ivletropolitan Planning
Organization and Council of Governments. After each ~~;'iriewer gives final approval to
all of its respective Orthos, MARC will receive a copy of that Reviewer's Orthos directly
from the Contractor. MARC will make a copy of the i~rthos and provide a copy to
USGS, should they decide to 'be a participant in the P~'*3ject. MARL may print a hard
copy or PDF of any Ortho within the Region and may' 'sell or otherwise distribute such
Orthos according to its currently adopted policy; provided, however, that MARC will not
sell or distribute digital copies of the Orthos and MAR;C understands that it is the intent
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officer of the other party, or when deposited with the U.S. Postal Service, as certified or
registered mail, postage prepaid, addressed:
Notice to MARC:
Mid-America Regional Council
600 Broadway,'Suite 3`00
Kansas City, Missouri 64105-1554
Attn: Steve Gay
Notice to Participant:
City of Riverside
~A50 NW Vivion_.Road
RivPraidP~ Mo 64150
or to such person or place as each party may designate, from time to time, by
written notice sent as aforesaid.
18. Headin s. The headings of the various paragraphs of this Agreement are
for convenience only and shall be accorded no weight in the construction of this
Agreement.
19. Entire Agreement. This Agreement, together with all Exhibits, constitute
the entire agreement between the parties, with respect to the rights established herein.
20. Seve_, rability If any part of this Agreement is determined to be invalid, the
validity of this Agreement shall not be affected, and the parties agree that all remaining
parts shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties have caused this Agreement tq_1'= ua ut°
'r resp tive officers duly authorized to do so on this f Y
2006.
Mid-America Regional Council
By: J -
Title: cutive Director
Print Name: -avid Warm
Date:
[FILL IN]
gy: ~D~~
Title: ;'a~~or Pao ~~m
Print Name: Ravmond D • Beard
Dater ~At3ri1 1 4; .2006
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EXHIBIT A
Contract
See attached.
DB02/SO1lS5 000016966752.6
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COST SHARING AGREEMENT ORTHO ONLY.DOC
EXHI_BIT B
Kansas_City_Regional_Aerial_Cost_Share Model.xls
The spreadsheet referred to in this Exhibit B allocates costs to Participating Agencies in
the manner agreed to by them. It is attached to this Agreement by virtue of being
included on the accompanying CD titled, "Kansas City Regional Aerial Project:' It is
this spreadsheet that is the actual Exhibit B. What follows is a general description of the
basic steps used by that spreadsheet to allocate costs. In all cases, the digital spreadsheet
itself supersedes this description.
The cost allocation is broken out into steps by type of imagery - Ortho .The steps for the
allocation of ortho costs are:
Step 1 inputs the cost information provided by the Contractor in Exhibit A to determine
cost per square mile for both high and low resolution (1"=100' and 1"=400',
respectively). This cost includes the per square mile cost of ground control and updating
the digital elevation model in each county.
Step 2 derives each county's total cost is derived by multiplying the cost per square mile
times the number of square miles of each imagery type and resolution. An additional
charge is added if the geographic area for each resolution is non-contiguous.
Step 3 derives the costs allocated to external agencies -those that are not cities or
counties but still wish to participate in the Project -based on the level of funding they
have separately agreed to provide.
Step 4 subtracts the costs allocated to external agencies from each county's total cost.
Step 5 captures how each county and its constituent cities have decided- to apportion the
responsibility for costs between the county and the cities taken as a group.
Step 6 calculates how the costs ailoeated to be paid by the group of cities in each county
is allocated to individual cities. Costs are spread among participating cities based on
their population, employment and-land area.
Step 7 calculates Kansas City, Missouri's total costs by aggregating its allocated costs
across the four counties in which it resides.
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