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MAPA AgreementDouglas County, NE METROPOLITAN AREA PLANNING AGENCY Bennington 2222 Cuming Street, Omaha, Nebraska 68102 -4328 Boys Town Omaha Phone: (402) 444 -6866 Fax: (402) 342 -0949 Omaha City Council ( Email: mapa @mapacog.org www.mapacog.org Ralston In the MAPA Region: 1- 800 -827 -6866 Valley Waterloo I B Sarpy County, NE Bellevue Gretna La Vista Papillion Springfield ® June 4, 2010 Washington County, NE - Arlington Blair Fort Calhoun Herman Phil Green Kennard Washington Assistant City Administrator City of Blair Mills County, IA 218 S. 16th Street Emerson Glenwood Blair, Nebraska 68008 Hastings Henderson Malvern Pacific Junction Dear NI -ROC Member: Silver City Pottawattamie County, IA Avoca Carson Carter Lake Council Bluffs Crescent Hancock Macedonia McClelland Minden Neola Oakland Treynor Underwood Walnut Bellevue Public Schools Council Bluffs Airport Authority Council Bluffs Planning Commission Golden Hills Resource Conservation & Development District Iowa Western Community College Metro Area Transit Metropolitan Community College Metropolitan Utilities District Millard Public Schools Millard Suburban Fire District Omaha Airport Authority Omaha Housing Authority Omaha Planning Board Omaha Public Power District Papillion / La Vista Public Schools Papio - Missouri River Natural Resources District Pony Creek Drainage District Ralston Public Schools Valley Fire Protection District #5 i MAPA A Council of Governments Enclosed- are two copies of the agreement between MAPA and the City of Blair for the funding of 2010 Nebraska Iowa Regional Orthophotography Consortium (NI -ROC) project. Please sign both and send one back to us. Also the NI -ROC project. has been in progress for the past couple of months with 100% of imagery collected and processing has started on both the Ortho imagery and LiDAR. MAPA has received two invoices from Pixxures for expenses totaling over $990,000. As a result, we are sending invoices to all NI -ROC Members. Your organization has indicated that you would like to be invoiced $4,000 this fiscal year. The enclosed invoice reflects this amount. Please contact me with any questions or concerns. Paul F. Mullen Executive Director Enc. AN AGREEMENT BETWEEN THE OMAHA - COUNCIL BLUFFS METROPOLITAN AREA PLANNING AGENCY, AND THE CITY OF BLAIR NEBRASKA TO OBTAIN DIGITAL MAP PRODUCTS FOR THE REGION THIS AGREEMENT made and entered into this 11101- day of , 2010 by and between the Omaha - Council Bluffs Metropolitan Area Planning Agency (hereinafter called MAPA), and the City of Blair Nebraska. WITNESSETH: WHEREAS, a group of agencies from Eastern Nebraska and Western Iowa (Nebraska -Iowa Regional Orthophotography Consortium), hereinafter called the NI -ROC, and MAPA officials have mutually agreed the NI -ROC area will benefit from the mapping products to be obtained and have determined that such products can be acquired at a lower cost through a joint mapping effort than if acquired by individual agencies. WHEREAS, the NI -ROC and MAPA officials have further determined that the mutual sharing of all products obtained under this agreement, as well as other non - proprietary digital data already owned by NI -ROC members, benefits all NI -ROC agencies NOW, ,THEREFORE, the parties do agree that: The purpose of this agreement is to provide for the funding and administration of a Mapping Project (hereinafter called the Project). The project shall be undertaken by the Firm of Pixxures, Inc. II. STEERING COMMITTEE A Steering Committee shall be formed, which shall be made up of at least five representatives of the NI- ROC members, and which shall be responsible for guiding the conduct of the Project, and deciding whether to accept the finished products of the Project Contractor. The Steering Committee shall select a Project Manager who will be the point of contact between MAPA and Pixxures, Inc. The Steering committee will provide general direction relating to Project contract administration; such direction will be carried out by the Project Manager. The Steering Committee will provide staff resources necessary to review the Mapping Products and to distribute and install the products for NI -ROC members. III. SCOPE OF SERVICES The scope of services to be performed or procured pursuant to this agreement will be as described in the Contract between MAPA and Pixxures, Inc. The work shall include obtaining aerial photography for the contiguous area of Cass, Dodge, Douglas, Lancaster, Sarpy, Saunders and Washington Counties, in Nebraska and Mills and Pottawattamie Counties in Iowa. The counties of Douglas, Sarpy, Cass and Lancaster and Pottawattamie Counties will receive updates to its existing building footprints. The counties of Douglas, Sarpy,. and Lancaster will also receive. Oblique imagery, LiDAR and change detection. The Contractor will produce digital orthophotos and other digital mapping products, as further specified in the Contract, within the mapping area. IV. METHODS AND PROCEDURE The work program developed by the Steering Committee shall be performed by Pixxures, Inc., Merrick, Inc. and Pictometry, Inc who are recognized to have expertise in the field of this endeavor. MAPA shall enter into the contract with Pixxures, Inc. for completion of the contemplated work. No contract shall be signed with Pixxures, Inc. until MAPA and the NI -ROC members have executed this Interlocal Agreement. After completion of the Project by Pixxures, Inc. each party to this Agreement shall receive a copy of the Digital Mapping Products which may be used for whatever purpose they desire. V. FEES, RECORDS, PAYMENT MAPA shall make payment in response to the billings by Pixxures, Inc. Pixxures, Inc. shall provide regular progress reports which shall be available to all NI -ROC members via the internet. An account of Project billings and payments by MAPA shall be made available to NI -ROC members upon request. MAPA shall bill the City of Blair as agreed upon as shown in attachment A. The City of Blair shall pay MAPA a total amount of $8,000 over a period of two fiscal years. Payments will be made within 30 days of receipt of bill. VI. ADMINISTRATION Administration of the Project shall be the responsibility of MAPA. The Steering Committee shall review payment decisions made by MAPA before payment is made to Pixxures, Inc. Payment may be withheld if, in the opinion of the Steering Committee, Pixxures, Inc. has not properly performed or documented the services for which the billing has been made, or if said services are not within the approved scope of services. This Agreement shall remain in full force and effective until December 31, 2010, unless the Project contemplated by this Agreement has been fully performed to the satisfaction of MAPA and the NI -ROC prior to that date, in which case, the Agreement will terminate upon the completion of the Steering Committee's duties. This Agreement may be extended past December 31, 2010, upon the mutual agreement of all parties to this Agreement, if it is necessary for completion of the Project contemplated by it. VIII. NON - DISCRIMINATION The parties to this Agreement shall not, in the performance of this Agreement discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, disability, political or religious opinions, affiliations or national origin. Ix. APPLICABLE LAW Parties to this Agreement shall conform with all existing and applicable local ordinances, resolutions, state and local laws, federal laws, and all existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. X. STRICT COMPLIANCE All provisions of this Agreement and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except upon written direction from an authorized representative. XI. MERGER This Agreement shall not be merged into any other oral or written contract, lease or deed of any type. This is the complete and full agreement of the parties. X1 1. MODIFICATION This Agreement contains the entire agreement of the parties. No representations were made or relied upon by either party other than those that are expressly set forth herein. No agent, employee or other representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. In WITNESSETH WHEREOF, the parties hereto have caused this instrument to be signed and sealed by their duly authorized representative. OMAHA - COUNCIL BLUFFS METROPOLITAN AREA PLANNING AGENCY BY: Chairman ATTEST: VI-AA 1� Date CITY OF BLAI BY: ATTEST: BY: Date �11R Agency Funding Assessor Engineer Total Douglas County $ 180,000 $130,000 $50,000 $180,000 City of Omaha - Public Works $ 60,000 Sarpy County $ 86,375 Washington County $ 25 City of Blair $ 8,000 Pottawattamie County $ 120,000 Cass County $ 56,000 Lancaster Lincoln LPSNRD Total City of Lincoln /Lancaster County $ 427,000 $142,000 $254,000 $31,000 $427,000 City of Fremont $ 10 City of Wahoo $ 1,000 City of Crete $ 5 Papio Mo River NRD $ 50 MAPA $ 100,000 Omaha Airport Authority $ 15 Lower Platte North NRD $ 4,000 Lower Platte South NRD $ 30,000 Lower Platte Corridor Alliance $ 66,139 MUD $ 10,000 NDOR $ 30,000 NEMA $ 10,000 NHHS $ 2,500 IDOT $ 5,000 USGS $ 305,250 Lower Loop NRD $ 60,000 City of Schuyler $ 3 City of Beatrice $ 5 City of Falls City $ 7 City of Norfolk $ 20 City of South Sioux City $ 7 City of Dakota City $ 2 City of Kimball $ 13,722 NEARING $ 13,327 Total $ 1,740,927