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2013-02RESOLUTION NO. 2013 - 2 COUNCIL MEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with an Interlocal Cooperation Act Agreement between the City of Blair, Nebraska and The Metro Area Planning Association for the purpose of providing new aerial photos for the City of Blair GIS. WHEREAS, said Agreement is acceptable to the City of Blair. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA that the Agreement attached hereto, marked Exhibit "A' and by this reference made a part hereof as though fully set forth herein, is hereby approved by the City of Blair, Nebraska. BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and deliver said Agreement on behalf of the City of Blair, Nebraska. COUNCIL MEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER KEPHART. UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, RYAN, KEPHART, ANDERSEN, CHRISTIANSEN, JENSEN AND HALL VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 8 TH DAY OF JANUARY, 2013. CITY OF BLAIR, NEBRASKA J MES . REALPH, MAYOR ATTF ST: BAF&DA R. WHEELER, CITY CLERK (SEAL) —1— STATE OF NEBRASKA. ) ) :ss: WASHINGTON COUNTY ) BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 8th day of January, 2013. '" fr .-J BRENDA R. WHEELER, CITY CLERK —2— 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 �h day of �ctn U y , 20 by and between the Omaha - Council Bluffs Metropolitan Area Planning Agency (hereinafter caffed 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: I. PURPOSE 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 Pictometry, 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 Pictometry, 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. M. 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 Pictometry, 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 Harrison, Mills and Pottawattamie Counties in Iowa. The Contractor will produce digital orthophotos, oblique imaging and other digital mapping products, as further specified in the Contract, within the mapping area. UETHODS AND PROCEDURE The work program developed by the'Steering Committee shall be performed by Pictometry, Inc., who is recognized to have expertise in the field of this endeavor. MAPA shall enter into the contract with Pictometry, Inc. for completion of the contemplated work. No contract shall be signed with Pictometry, Inc. until MAPA and the NI -ROC members have executed this Interlocal Agreement. After completion of the Project by Pictometry, 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 Pictometry, Inc. Pictometry, 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. The City of Blair shall pay MAPA a total amount of $20,000 over a period of three fiscal years with $7,000 to be. paid fiscal year 2013 (ending September 2013); $7,000 to be paid fiscal year 2014; and $6,000 to be paid, fiscal year 2015. 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 Pictometry, Inc. Payment may be withheld if, in the opinion of the Steering Committee, Pictometry, 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, 2015, 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, 2015, 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. XII. 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 ATTEST: BY: Executiv ie CITY OF BLAIR Date ATTEST: � BY: Date Douglas County, NE Bennington Boys Town Omaha Omaha City Council Ralston Valley Waterloo Sarpy County, NE Bellevue Gretna La Vista Papillion Springfield Washington County, NE Arlington Blair Fort Calhoun Herman Kennard Washington Mills County, IA Emerson Glenwood Hastings Henderson Malvern Pacific Junction 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 METROPOLITAN A PLANNING 2222 Curving Street, Omaha, Nebraska 68102 -4328 Phone: (402) 444 -6866 Fax: (402) 342 -0949 Email: mapa @mapacog.org www.mapacog.org In the MAPA Region: 1- 800 -827 -6866 November 9, 2012 Phil Green Assistant City Administrator City of Blair 218 S. 16th Street Blair, Nebraska 68008 Dear NI -ROC Member: a. SUMAPA W WII A Council of Governments Enclosed are two copies of the agreement between MAPA and the City of Blair for the funding of 2013 Nebraska Iowa Regional Orthophotography Consortium (NI -ROC) project. Please sign both and send one back to us. You have indicated that the City of Blair will pay MAPA a total amount of $20,000 over a period of three fiscal years with $7,000 to be paid fiscal year 2013 (ending September 2013); $7,000 to be paid fiscal year 2014; and $6,000 to be paid fiscal year 2015. An invoice reflecting the fiscal year 2013 amount of $7,000 is enclosed for payment. Please contact me with any questions or concerns. Sincerely, Melissa K. Engel Administrative Services Manager tam Me Enc.