HomeMy WebLinkAbout2013-01-8010ORDINANCE NO. 2013-1-8010
AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY,
APPROVING A MEMORANDUM OF AGREEMENT BY AND AMONG THE CITY
OF PADUCAH, KENTUCKY, AND THE COMMONWEALTH OFFICE OF
TECHNOLOGY'S DIVISION OF GEOGRAPHIC INFORMATION WITHIN THE
COMMONWEALTH OF KENTUCKY'S FINANCE AND ADMINISTRATION
CABINET FOR GEOGRAPHIC INFORMATION SYSTEM DATA AND AERIAL
PHOTOGRAPHY UPDATES; AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
WHEREAS, in 1999, the McCracken and Paducah Geographic Information
System (MAP—GIS) was formed in order that the member agencies could coordinate their efforts
in the development and maintenance of a computer mapping system for McCracken County with
updates at seven year intervals; and
WHEREAS, the partnership between McCracken County, the City of Paducah,
Paducah Water, Paducah Power, E911, and the Joint Sewer Agency continues this strong
development partnership by taking advantage of an opportunity presented by the State of
Kentucky; and
WHEREAS, by partnering with the state on this project, the consortium can save
$73,100.76 and get the data a year earlier (6 years instead of 7); and
WHEREAS. the MAP—GIS Consortium has passed a motion with a
recommendation for approval by the City Commission to proceed with the acquisition for a total
project cost of $178,494.36 with Paducah Water Works reimbursing the City $13,036.02 for
requested additional coverage beyond McCracken County to cover its service areas in Marshall
and Graves County.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS:
SECTION 1. Recitals and Authorization. The City hereby approves the
Memorandum of Agreement among the City and the Commonwealth Office of Technology's
Division of Geographic Information within the Commonwealth of Kentucky's Finance and
Administration Cabinet Developer in substantially the form attached hereto as Memorandum of
Agreement and made part hereof. It is further determined that it is necessary and desirable and
in the best interests of the City to enter into the MOA for the purposes therein specified. The
Mayor of the City is hereby authorized to execute the MOA to accomplish the transaction
contemplated by the MOA.
SECTION 2. Severability. If any section, paragraph or provision of this
Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph or provision shall not affect any of the remaining
provisions of this Ordinance.
SECTION 3. Compliance With Open Meetings Laws. The City Commission
hereby finds and determines that all formal actions relative to the adoption of this Ordinance
were taken in an open meeting of this City Commission, and that all deliberations of this City
Commission. and of its committees, if any, which resulted in formal action, were in meetings
open to the public, in full compliance with applicable legal requirements.
SECTION 4. Conflicts. All ordinances, resolutions, orders or parts thereof in
conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed
and the provisions of this Ordinance shall prevail and be given effect.
SECTION 5. Effective Date. This Ordinance shall be read on two separate days
and will become effective upon summary publication pursuant to KRS Chapter 424.
0 ),-� aim
MAYOR
ATTEST:
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, January 8, 2013
Adopted by the Board of Commissioners, January 22, 2013
Recorded by the Tammara S. Sanderson, City Clerk. January 22, 2013
Published by The Paducah Sun, January 29, 2013
\ord\moa-GIS-state information technology dept
MEMORANDUM OF AGREEMENT
This Agreement, made and entered into at Frankfort, Kentucky, this day
Of , 2012, by and between the Commonwealth Office of Technology's
Division of Geographic Information ("DGI") within the Commonwealth of Kentucky's
Finance and Administration Cabinet and City of Paducah ("City of Paducah") 300 South
5th Street, P.O. Box 2267, Paducah KY 42003.
Purpose
DGI is responsible for developing and maintaining a current basemap that meets the
needs of its users at the federal, state, regional, and local levels, including the public at
large. A common basemap reduces the cost of developing geographic information
system (GIS) applications, promotes data sharing, and adds efficiency to state agency
business processes. The purpose of this Memorandum of Agreement (MOA) is to specify
the responsibilities of both parties in the acquisition of current, leaf -off aerial
photography and elevation data (LiDAR) for the Commonwealth.
Scope of Services and Responsibilities
The total program area served by Kentucky's Statewide Digital Aerial Photography and
Elevation Basemap Program includes all 120 counties in the Commonwealth and
comprises approximately 40,411 miles. Terrain elevations range from approximately 257
feet to over 4,139 feet above mean sea level. The Commonwealth plans to acquire data
for this program during multiple, consecutive leaf -off seasons beginning in the Spring of
2012.
DGI, along with other state, federal, regional and/or local agencies are providing
funding for the acquisition of the new digital orthophotography and LiDAR data. The
state will be divided into at least three (3) or more distinct areas that follow county
boundaries. DGI is responsible for defining the areas to be mapped. The designation will
be driven by a variety of factors, including but not limited to, scheduling, budgeting,
need, and economies of scale.
Please note that all data will be delivered in a defined standard format so as to promote
data sharing and information exchange. All data obtained under this agreement will
reside within the public domain and will be distributed freely by the Commonwealth.
The most current data standards for digital orthophotography and LiDAR deliverables
and other information regarding the Commonwealth's program can be found @
http://kygeonet.ky.gov/1Z fromabove/
DGI will award and administer all contracts necessary for data and imagery acquisition.
This MOA establishes a funding partnership for the acquisition of digital
orthophotography and LiDAR data that covers your entity's area of interest (AOI) as
defined on the attached map. Acquisition areas shall be defined using the
Commonwealth's 5k Grid (5,000'x 5,000' tiles). Participating agencies shall receive one
(1) copy of the data on a portable hard drive. If a DGI portable hard drive is used for
data transfer it must be returned within a reasonable timeframe (1-2 weeks).
Pricing for Orthoimagery and LiDAR products can be found within Master Purchase
Agreement (MA 758 1200000546 1) in V. Pricing on pages 18 and 19. The specific
products desired and the defined acquisition AOI requested by City of Paducah are
shown in Appendix A.
The cost to the Commonwealth for Orthoimagery and LiDAR products to be procured
through the selected contractor/vendor is $178,494.36 as indicated in Appendix A. The
City of Paducah shall be responsible for the cost as follows and will pay DGI
accordingly:
Cityof Paducah...................................................................... $178,494.36
The Commonwealth Office of Technology will make full payment to the vendor for these
products after funding is received from the City of Paducah.
TERM OF AGREEMENT:
This Agreement shall be effective on the date executed below, and shall expire
on December 31, 2013. Time is of the essence for performance herein.
CAUSES AND TERMINATION:
Either party may terminate this contract without cause after thirty (30) days
written notice, or for cause at any time.
CONFLICT OF INTEREST:
The parties certify by the signatures of duly authorized representatives
hereinafter affixed, that they are legally entitled to enter into this agreement
and that they shall not be violating, either directly or indirectly, any conflict of
interest statute of the Commonwealth of Kentucky, by the performance of this
agreement.
LIABILITY:
The City of Paducah agrees that any and all claims against DGI resulting from
negligence on its part or that of its employees/agents shall be brought in
accordance with KRS § 44.07o et. seq or KRS § 45A.24o et. seq
CHOICE OF LAW AND FORUM:
All questions as to the execution, validity, interpretation, construction and
performance of this agreement shall be governed by the laws of the
Commonwealth of Kentucky. Furthermore, the parties hereto agree that any
legal action which is brought on the basis of this agreement shall be filed in
the Franklin County Circuit Court of the Commonwealth of Kentucky.
MISCELLANEOUS:
1. The Commonwealth, including but not limited to, the
Finance and Administration Cabinet may audit or review all
documentation and records pertaining to the event pursuant to the
-- provisions of KRS 45A.150;
2. No modification or change of any provision of this Agreement shall be
made, or construed to be made, unless such modification is mutually
agreed in writing;
3. Both parties shall abide by KRS 45.570;
4. All notices or communications whatsoever, shall be in writing and sent
by First Class Mail to the parties as identified below.
FUNDING OUT PROVISION:
The state agency may terminate this contract if funds are not appropriated to the
contracting agency or are not otherwise available for the purpose of making payments
without incurring any obligation for payment after the date of termination, regardless of
the terms of the contract. The state agency shall provide the contractor thirty (30)
calendar days written notice of termination of the contract.
REDUCTION IN CONTRACT WORKER HOURS:
The Kentucky General Assembly may allow for a reduction in contract worker hours in
conjunction with a budget balancing measure for some professional and non-
professional service contracts. If under such authority the agency is required by
Executive Order or otherwise to reduce contract hours, the contract will be reduced by
the amount specified in that document.
ACCESS TO RECORDS:
The contractor, as defined in KRS 45A.030 (g) agrees that the contracting agency, the
Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative
Research Commission, or their duly authorized representatives, shall have access to any
books, documents, papers, records, or other evidence, which are directly pertinent to
this contract for the purpose of financial audit or program review. Records and other
prequalification information confidentially disclosed as part of the bid process shall not
be deemed as directly pertinent to the contract and shall be exempt from disclosure as
provided in KRS 61.878(i)(c). The contractor also recognizes that any books,
documents, papers, records, or other evidence, received during a financial audit or
program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to
61.884. In the event of a dispute between the contractor and the contracting agency,
Attorney General, or the Auditor of Public Accounts over documents that are eligible for
production and review, the Finance and Administration Cabinet shall review the dispute
and issue a determination, in accordance with Secretary's Order 11-004.
IN WITNESS WHEREOF, the Parties hereunto have executed this
agreement the day and year first written above.
AGREED TO:
Gayle Kaler, Mayor
City of Paducah
Signature Date
Lori Flanery, Secretary Steve Rucker, Commissioner
Finance and Administration Cabinet Commonwealth Office of Technology
Signature
Date
Approved as to form and legality:
Finance and Administration Cabinet
Office of General Counsel
Signature
Date
APPENDIX A
PRODUCTS TO BE PROVIDED TO THE CITY OF PADUCAH
1. 6" digital orthophotography (RGB with NIR) for the entire acquisition area as
illustrated on the map shown on the following page. 373 Total Tiles covering
approximately 323.2 square miles.
2. Reprojection of the orthophotgraphy and all elevation data products to State
Plane Kentucky South Zone, FIPS 1602, NAD 1983, HARN (US Feet).
3. Triangulated Irregular Surface (TIN) with hydro -enforced breaklines*
4. Contours (2')*
5. Planimetric Mapping Update — Control, A/T, Plan Updates, Edits, QC
* The TIN and Contour products will be derived from the LiDAR data that is being
collected by the KYAPED Program during the 2013 season. The base elevation data
products including the LiDAR point cloud, captured hydro -enforced breaklines, and
DEMs with hydro -enforced breaklines will also be projected and delivered to the
City of Paducah.
APPENDIX A
/NN'�
W9 —E
S
McCracken County 1Yle
other project area file
City of Paducah
PROPOSED PROJECT AREA
Commonwealth Aerial Photography and Elevation Program