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R2008-030 2008-02-25RESOLUTION NO. R2008-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH HOUSTON- GALVESTON AREA COUNCIL FOR THE PURCHASE OF LIDAR (ELEVATION) DATA. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Interlocal Agreement by and between the City of Pearland and the Houston-Galveston Area Council, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an Interlocal Agreement with the Houston-Galveston Area Council for the purchase of LIDAR data. PASSED, APPROVED and ADOPTED this the 25th day o ruary A.D., 2008. ~~ EID ,, ;~~'~;;~~. ,, MAYOR ~~ ATTEST: ' °~~ :~. ~~~ - N RETA APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution 2008-30 08-0076 INTERLOCAL AGREEMENT FOR PURCHASE OF LIDAR AND RELATED SERVICES THIS INTERLOCAL AGREEMENT ("Agreement"), made and entered by and between the Houston-Galveston Area Council, hereinafter referred to as H-GAC, having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and the City of Pearland, hereinafter referred to as the "Municipality or District" having its principal place of business at 3519 Liberty Drive, Pearland, TX 77581. WITNESSETH: WHEREAS, H-GAC is a regional planning commission operating under Chapter 391 Texas Local Government Code; and WHEREAS, the "Municipality or District" desires to purchase certain governmental administrative functions, goods or services specific to LIDAR including all associated LIDAR related services.. WHEREAS, H-GAC hereby agrees to perform the scope of services outlined in Article 5 as hereinafter specified in accordance with the Agreement, and WHEREAS, under the provisions of the Interlocal Cooperation Act, Chapter 791, Texas Government Code, H-GAC and the "Municipality or District" are authorized to enter into agreements to perform governmental functions and services, and under Texas Local Government Code § 391.005, H-GAC and the "Municipality or District" are authorized to contract together for H-GAC to perform certain services for the "Municipality or District". NOW, THEREFORE, H-GAC and the "Municipality or District" do hereby agree as follows: ARTICLE 1 LEGAL AiJTHORITY The "Municipality or District" warrants and assures H-GAC that it possesses adequate legal authority to enter into this Agreement. H-GAC assures the "Municipality or District" that it possesses adequate legal authority to enter into the Agreement. ARTICLE 2 APPLICABLE LAWS H-GAC and the "Municipality or District" agree to conduct all activities under this Agreement in accordance with all applicable rules, regulations, ordinances and laws in effect or promulgated during the term of this Agreement. ARTICLE 3 WHOLE AGREEMENT The Interlocal Agreement and Attachments, as provided herein, constitute the complete Agreement between the parties hereto, and supersedes any and all oral and written agreements between the parties relating to matters herein. Except as otherwise provided herein, this Agreement cannot be modified without written consent of the parties. ARTICLE 4 PERFORMANCE PERIOD The period of this Interlocal Agreement shall be for the (balance of) fiscal year of the local government which begins November O1, 2007 and ends October 31, 2008. This contract shall thereafter automatically be renewed annually for each succeeding fiscal year, provided that such renewal shall not have the effect of extending the period in which the local government may make any payment due H-GAC beyond the fiscal year in which such obligation was incurred under this Agreement. H-GAC or the "Municipality or District" may cancel this Agreement at any time upon 30 days written notice to the other party to this Agreement. The obligations of the local government, including its obligation to pay H-GAC for all costs incurred under this Agreement prior to such notice shall survive such cancellation, as well as any other obligation incurred under the Agreement, until performed or discharged by the local government. ARTICLE 5 SCOPE OF SERVICES H-GAC agrees to purchase for the "Municipality or District" LiDAR and all associated LiDAR related services on behalf of the Council's Geographic Data Committee, as enumerated through the submission of a duly executed purchase order, order form, or resolution. All material purchased hereunder shall be in accordance with specifications established by the Geographic Data Committee's voting members and approved by both the H-GAC's Data Services Director and the H-GAC's Executive Director. The Geographic Committee is a committee of H-GAC, created under the governance of H-GAC. The "Municipality or District" authorizes H-GAC to purchase services and materials specified by a purchase order. The materials and services shall be procured in accordance with procedures governing competitive bidding by H-GAC. Ownership (title) of material purchased shall transfer directly from the vendor to the local government ARTICLE 6 PAYMENTS The local government agrees that, upon the presentation by H-GAC of a properly documented, verified proof of performance and a statement of costs H-GAC has incurred in accordance with the terms of this Agreement, it shall pay H-GAC, from current revenues available to the local government during the current fiscal year, on or before the date of the delivery of materials and services to be provided as outlined in the Letter of Intent. ARTICLE 7 CHANGES AND AMENDMENTS Any alterations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto, and shall become effective on the date designated by such law or regulation. H-GAC may, from time to time, require changes in the scope of the services offered through the H-GAC Geographic Data Committee to be performed hereunder. ARTICLE 8 TERMINATION PROCEDURES Either H-GAC or the "Municipality or District" may cancel or terminate this Agreement upon thirty (30) days written notice by certified mail to the other party. In the event of such termination prior to completion of any purchase provided for herein, the "Municipality or District" agrees to pay for services on a prorated basis for materials and services actually provided and invoiced in accordance with the terms of this Agreement, including penalties, less payment of any compensation previously paid. ARTICLE 9 SEVERABILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. ARTICLE 10 FORCE MAJEURE To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, judgment, act of God, or specific cause reasonably beyond the parties' control and not amibutable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H-GAC. ARTICLE 11 VENUE Venue and jurisdiction of any suit, or cause of action arising under or in connection with the Agreement shall lie exclusively in Harris County, Texas. This instrument, in duplicate originals, has been executed by the parties hereto as follows: City of Pearl and Local Government HOUSTON-GALVESTON AREA COUNCIL BY ~ DATE2/25/08 Bi 11 Eisen official City Manager BY/ DATE L(L~~0~ Data Services irector BY DATE 03 -o$-~ c Steele Executive Director Example below shows how LIDAR technology provides a clearer picture of land elevations Aerial — showing LIDAR — showing elevation of land elevation of land - '4..w� -{ ,te— F as T mow. Terrain clearly identified Michael Masters, GISP GIS Coordinator City of Pearland,Texas 281-652-1693 ----Forwarded by Mike Masters/COP on 02/18/2008 08:21 AM "Lamon,Scott(Flood Control)" To Jason.Cowart@HCTRA.com,"McKay, Lester" <scott.lamon@hcfcd.or <Imckay@cityofconroe.org>, g> MMasters@ci.pearland.tx.us,"Eva Garza" <evagarza@rice.edu> 12/14/2007 09:41 AM cc Subje LiDAR Costs. ct LiDAR Participants, It wouldn't seem right if we closed out 2007 without having one more change in the LiDAR pricing. Not to worry though,this one is very small. Because of a difference in the calculation of the area of a USGS Quad,the cost per tile went up about 60 dollars. You will see the new total costs below for each agency. Because I rounded up on your previous letters of intent, and this change probably does not exceed the rounded number, I will not be sending out new letters of intent or interlocal agreements. Please let me know if you need any further information or if you would like a new letter or interlocal agreement. • Scott Scott Lamon GIS Technician Information Services Department Harris County Flood Control Disitrict 713.684.4160 scott.la mon Cap hcfcd.org - --Forwarded by Mike Masters/COP on 02/18/2008 08:21 AM"Lamon,Scott(Flood Control)" To "McKay, Lester"<Imckay@cityofconroe.org>, <scott.lamon@hcfcd.or Jason.Cowart@HCTRA.com,"Eva Garza" g> <evagarza@rice.edu>, MMasters@ci.pearland.tx.us 12/14/2007 10:26 AM cc Subje LiDAR ct Sorry, I forgot to include the new prices. 1HCFCD: ,:�$1,469,020.15 Pearland $30,576.89 City of Conroe $147,566.73 HCTRA $176,814.19 Rice Univ $2,658.86 Scott Lamon GIS Technician Information Services Department Harris County Flood Control Disitrict 713.684.4160 scott.lamon@hcfcd.org