HomeMy WebLinkAbout1999 S Agreement LR - Interlocal Agreement with Town of Carrboro for GIS Services and Products /-/9- 9 2
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CARRBORO ORANGE COUNTY
NORTH CAROLINA NORTH CAROLINA
INTER-LOCAL AGREEMENT
FOR
GEOGRAPHIC INFORMATION SYSTEM SERVICES U PRODUCTS
THIS AGREEMENT, made this day of December, 1998, by and between Orange
County, hereinafter referred to as "the County," and the Town of Carrboro, North Carolina,
hereinafter referred to as"the Town,"
WHEREAS, the Town participated with the County when the County issued requests for.
proposals (hereinafter "the RFP"), on November 6, 1997 (amended on November 18, 1997) to
obtain digital Geographic Information System(GIS) services and products; and
WHEREAS, on January 20, 1998, the County awarded a contract to Atlantic
Technologies Ltd. of Huntsville, Alabama (hereafter "the Company"), to provide services and
products for GIS development as described in the RFP and the Company response (hereinafter
"the GIS Contract"); and
WHEREAS, the GIS Contract allows the Town to Purchase the services and products
from the County that the Company completes; and
WHEREAS, the County and the Town have decided that an agreement is necessary for
the purchase and delivery of the services and products to the Town and that a fair-share is the
basis for the Town's cost for any item not priced on a per sheet basis (aerial photos; control,
analytical, etc.) and
WHEREAS, the Town's fair-share is $9,030 since the number of tiles needed to depict
the geographic boundaries of the Town's planning area (including the Carrboro Joint Planning
Transition Area) represents 10 percent of County's'contract cost for Aerial Photos, Control, and
Analytical products, and
WHEREAS, it has been determined that the services and products desired by the parties
to this agreement can be shared in an equitable manner as provided in this agreement.
NOW, THEREFORE, IT IS AGREED AND UNDERSTOOD THAT:
CONDITIONS:
1. All products created by the Company for the County are the property of the County.
2. The Town may purchase from the County, for the areas designated below any service or
product obtained from the company pursuant to the GIS contract;
3. The Town may purchase from the County the following 64 tiles at$718 per tile for a total
cost of$45,952:
9860-06 9860-20 9769-16 9779-14 9778-05 9778-19
9860-07 9870-05 9769-17 9779-15 9778-06 9777-05
9860-08 9870-09 9769-18 9779-17 9778-07 9777-06
9860-10 9870-13 9769-19 9779-18 9778-09 9777-09
9860-11 9870-17 9769-20 9779-19 9778-10 9777-10
9860-12 9870-18 9779-05 9768-07 9778-11 9777-13
9860-14 9769-06 9779-06 9768-08 9778-13 9777-14
9860-15 9769-07 9779-09 9768-11 9778-14 9777-18
9860-16 9769-08 9779-10 9768-12 9778-15 9776-06
9860-18 1 9769-12 9779-11 9768-16 9778-17
9860-19 9769-15 9779-13 9768-20 9778-18
NOTE.• TILE NUMBERS IN BOLD ARE WITHIN CARRBORO'S CITY LIMITS
4. The Town of Carrboro may purchase the following 19 tiles produced for the Town of
Chapel Hill by Atlantic Technologies Ltd. through a contract with Orange County at
$359 per tile for a total cost of$6,821:
9870-10 9779-7 9779-20 9778-16 9788-13 9777-15
9870-14 9779-12 9778-8 9778-20 9777-7 9777-19
9870-15 9779-16 9778-12 9788-9 9777-11 9776-7
9870-19
5. The Total Costs to Carrboro for all 83 tiles as itemized below equals $61,803:
a. Town's fair-share at$9,030
b. 64 tiles at$45,952
C. 19 tiles at$6,821
6. A "tile" for the purpose of this agreement includes at least the following digital
information that can be processed using a Pentium desk top computer with ESRI
ARC/INFO GIS Software:
a. Digital Orthophoto Base Maps produced at a scale of 1 inch to 100 feet and based
on NAD 83 that shows NAD 83 and NAD 87 grid ticks at four corners of each
map sheet;
b. Digital Topography with contour intervals representing elevation changes every 2
feet and produced at the same scale as the Digital Orthophotos;
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C. Digital Planametrics produced at the same scale as the Digital Orthophotos with
details and/or features included as.selected by the GIS or Land Records staffs of
Orange County, Chapel Hill, and Carrboro,
d. Corresponding databases provided by Orange County Land Records including tax
map and parcel information.
7. The County will provide quality control review of products delivered by the Company
too the County, including an expert consultant when necessary;
8. When provided by the Company, the County will deliver requested products to the Town
in the format and on the media within the capability of the County's ARC/INFO software
and hardware which at this time is CDROM,4mm and 8mm Tape Cartridge;
9. The Town may refer all clients, citizens, and customers to the County's Land
Records/GIS Office for the purchase of digital map coverages, images and files. The
Town will not sell or give the digital products purchased from the County without
requiring the purchaser/receiver to sign an agreement in substantially the form of the
enclosed. The County will provide the Town with current copies and subsequent updates
of all policies and price listings associated with the provision of the County' digital and
GIS products as previously described.
SPECIAL CONDITIONS:
1. The Town may purchase from the Company, for its own purposes, digital services and
products through the County, in the area designated on the revised contract map, before
the County has purchased the said services and products from the Company.
2. If tile Town wishes to purchase said services and products before the County, it will
execute a purchase order (PO) to the County which will issue a PO to the Company and
supervise the delivery of requested services and products to the Town. Upon receipt of
invoices from the Company for services and/or products for tile Town, the County will
invoice the Town per the Company invoice and the Town will reimburse the County, as
soon as possible, whereby the County will issue payment to the Company.
3. If the Town purchases said services and products before the County, the County's
consultant may evaluate the quality of the services and products that are performed or
delivered by the Company.
4. If the Town purchases said services and products before the County, it will be responsible
for the full cost of the services and products including, but not limited to, Analytical,
Orthophotos, Topography, and Planimetrics.
5. If the Town purchases said services and products before the County, it will have the right
to sell or give the products purchased by the Town directly to other persons, agencies,
firms, or clients without the permission of the County or the sharing of fees.
The Town will not sell or give the digital products so purchased without requiring the
purchaser/receiver to sign an agreement that the purchaser/receiver releases the County,
Town, and Company from liability for the accuracy and completeness of the digital
product.
6. If the Town purchases said services and products before the County, the County will have
the right to purchase tile products from the Town, including Analytical, Orthophotos,
Topography, and Planimetrics for 25% of the cost of products, on a per-tile basis. The
County will not sell or give the digital products purchased from the Town without
requiring the purchaser/receiver to sign an agreement in substantially the form of the
enclosed.
7. If the Town purchases said services and products before the County, and tile products are
delivered by the Company, the Town will deliver products purchased by the County in
the format and on the media within the capability of the Town's ARC/INFO software and
GIS hardware,which at this time includes:
a. A pentium desktop computer using ArcInfo GIS software with a 3.5"disk drive.
8. If the Town orders products or services after November 1, 2000, it will be subject to the
cost adjustment that is a part of the County's GIS Contract.
IN WITNESS WHEREOF, the parties hereto have executed this INTER-LOCAL
AGREEMENT the day and year first above written.
TOWN OF CARRBORO ORANGE COUNTY
NORTH CAROLINA NORTH CAROLINA
BY: BY
' K._Np& 60 Fk 1 r Alice M Gordon , Chair
0��; Orange County Board of Commissioners
1911
ATTEST: . �•.• 0•' ATTES
Lit eL 1�1,61 0 X-t L1f__1JnCD
y SARAH C.WILL SON, Town Clerk BEVER BLYTH , Clerk to the Board
L.BING M ROENIGK, F nce Director County Finance(Director
Z)US INSTRUMENT HA8 BEEN PAW-AUDITED M THE AL4A% g BEQUIBED
BY77mLocAL GOVERNMENT BUD6ETAND FISCAL ComMOL ACT.
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&:uOL
L.BINGHA OENIGK, Finance(Director
ORANGE COUNTY
NORTH CAROLINA
CONTRACT FOR THE SALE OF GEOGRAPHIC
INFORMATION SYSTEMS DATA
This contract is made this_day of , 1999, by and between ,
a corporation existing and in good standing under the laws of the State of hereinafter
referred to as "Customer" and the Town of Carrboro, a North Carolina body politic and
corporate,hereinafter referred to as"Town".
WHEREAS, Customer desires to purchase certain Geographic Information Systems
(GIS) data developed by Town and Town desires to sell certain GIS data to Customer.
NOW, THEREFORE, in consideration of the mutual promises and obligations
hereunder,the parties to this contact do hereby agree as follows:
TOWN AGREES:
To provide Customer with existing GIS data. The data being requested are as follows:
as specifically itemized on Schedule A (hereinafter collectively referred to as "Data"). This
agreement applies only to GIS data that are being or have already been developed by Town.
Town has no obligation under this agreement to specially develop new GIS data for Customer.
CUSTOMER AGREES:
To pay Town a sum of Dollars ($ ) for services rendered pursuant to this
agreement and in accordance with the payment provisions described herein. This sum represents
the actual cost to Town of reproducing the Data for Customer.
That any Data provided by Town under this agreement is the property of Town, this
purchase of Data and the price agreed to is for the Data to be used by the Customer only, and
that the purchased Data will not be resold or otherwise used for trade or commercial purposes, as
provided in NC General Statutes §132-10.
AMENDMENTS:
Any amendments or modifications to this agreement must be made in writing and must
be signed by all parties to this agreement.
LIQUIDATED DAMAGES:
In the event the Customer effects a breach of this agreement by selling, sharing or
otherwise using the provided Data for commercial purposes not authorized under this agreement,
NINE
Customer shall pay to Town damages in the amount of Dollars ($ ) or the sum
received by Customer in the sale that effected the breach,whichever is more.
BENEFITS:
This agreement shall be binding upon and inure to the benefit of the parties hereto and all
of their personal representatives, successors, and agents, and may not be assigned to any other
parry without the express written consent of Town.
SEVERABILITY:
In the event that any paragraph or part of this agreement is held to be void or
unenforceable under any law or regulation, all other paragraphs and subparagraphs hereof shall
be deemed severable and remain in full force and effect.
VENUE:
This agreement shall be construed in accordance with the laws of the State of North Carolina,
and any civil action sought to enforce this agreement must be brought in the North Carolina
General Court of Justice with venue in Orange County.
WAIVER:
The failure to either party to this agreement to object or to take affirmative action with
respect to any conduct of the other which is in violation of the terms of this agreement shall not
be construed as a waiver thereof or of any future breach or subsequent wrongful conduct.
WARRANTIES.:
The Data that is the subject of this agreement was prepared by Town from recorded
deeds, plats, and other public records and data, for Town's internal use. Town, its agents and
employees make no warranty, whether express or implied, in fact or in law, including without
limitation the implied warranties of merchantability and fitness for a particular purpose, and
assume no legal responsibility as to the correctness and/or accuracy of the information set forth
in the Data. Customer and users of the Data are hereby notified that the aforementioned public,
primary information sources should be consulted for verification of the information contained in
the Data.
Customer warrants and covenants that neither Customer nor any person, business,
agency, or governmental entity that comes into possession of the Data through Customer will
resell the Data or otherwise use it for trade or commercial purposes, in accordance with North
Carolina General Statutes §132-10.
HEADINGS:
The headings in the agreement are for convenience of reference only and shall not define
nor limit any of the terms of the provision hereof.
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ENTIRE AGREEMENT:
It is understood that this instrument constitutes the entire agreement between the parties,
and no representation or understanding not contained herein shall be binding upon the parties.
IN TESTIMONY WHEREOF the parties hereto have executed this agreement in
duplicate originals, one of which is retained by each of the parties, the day and year first above
written. Customer has caused this agreement to be signed in its corporate name by its president
and attested to by its secretary and its corporate seal to be hereunto affixed the day and year first
above written.
ATTEST: CUSTOMER:
Secretary (seal)
BY:
PRESIDENT:
ATTEST: TOWN:
CARRBORO, NORTH CAROLINA
Town Clerk (seal)
BY:
ROBERT W. MORGAN, TOWN MANAGER