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Number 24����� North Central Texas Council Of Governments August 19, 2003 Mr. Ken Griffin Director of Engineering and Public Works City of Coppell P. O. Box 478 Coppell, Texas 75019 Dear Mr. Griffin: Enclosed is a fully executed original copy of the Licensing Agreement Between the North Central Texas Council of Governments (NCTCOG) and the City of Coppell with regard to the purchase of 2003 digital aerial photography. The target date for delivery of your product is early September. Should you have any questions, John Hunt will return to the office on Monday, August 25. He can be reached at (817) 695 -9163, or via e-mail at ihunt@nctcog.org. Again, on behalf of NCTCOG, thank you for your interest and participation. /ez Enclosure Sincerely, Elizabeth Zecckine Administrative Assistant Research and Information Services 616 Six Flags Drive, Centerpoint Two P. O. Box 5888, Arlington, Texas 76005 -5888 (817) 640 -3300 FAX: 817- 640 -7806 0 recycled paper http: / /www.dfwinfo.com LICENSING AGREEMENT BETWEEN THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND THE CITY OF COPPELL, TEXAS WHEREAS, the North Central Texas Council of Governments ( NCTCOG) has an interest in assisting local governments in providing information for planning, engineering, public safety, and municipal management; WHEREAS, the City of Coppell, Texas (Entity), wishes to have its map -based information system include the most current digital aerial photography and has determined that the creation of this resource provides information for a multitude of uses throughout the Entity and thus serves a valid public purpose; WHEREAS, the Entity requires this information to accomplish this purpose and has determined that NCTCOG can fulfill this need, and NCTCOG is willing to reciprocate; and NOW THEREFORE, the parties, Entity and NCTCOG, agree to the following terms and conditions regarding the creation of digital aerial photography. I. LICENSE AGREEMENT The following provisions are a license agreement between NCTCOG and the Entity with respect to data products that are identified in Appendix A. The personnel specified in Appendix B will serve as points of contact for their respective organizations. NCTCOG is the owner of and has the right to grant a license to use the said data products free of all liens, claims, encumbrances, and other restrictions and without otherwise violating any rights of any third party, including any patent, copyright, trade secret, or other proprietary rights. The NCTCOG data product may be distributed to the Entity on CD -ROM or other media described in the documentation. The Entity will need to install and operate the NCTCOG data product on properly configured and compatible computer equipment running third party system and application software supplied by the Entity. The Entity will also need to insure that any required data not supplied by NCTCOG is in proper format and no other software or equipment having an adverse impact on the NCTCOG product is present. A. Licensed Operating Environment (1) Operating Equipment. In exchange for monetary consideration described in the Authorization Letter, the Entity will be granted an exclusive operation license to install, store, load, execute, and display (collectively, "Use ") the NCTCOG data product on as many local area networks and /or end -user workstations as the Entity reasonably needs in support of its own operation (the "Licensed Operating Environment "). Any software components of the NCTCOG data product are provided in machine - readable executable format only. (2) Authorized Users. Unless otherwise agreed in writing, the NCTCOG data product will be used by Entity officials, officers, employees, and authorized contractors only ( "Authorized Users "). A contractor shall be deemed authorized to Use the data products by the Entity or NCTCOG if such Use is incidental to a larger relationship between the contractor and the Entity, and is used for purposes no greater than reasonably needed to achieve the objectives of an actual project undertaken in connection with that relationship. The contractor must agree in writing to be bound by the provisions of this Agreement. B. Permitted Uses (1) Use of NCTCOG Products. The Entity's Authorized Users may Use the NCTCOG data product in the Licensed Operating Environment for any use that furthers the Entity's internal operations or in furtherance of the Entity's mission. (2) Use of Generated Output or Other Data. Except as stated, the Entity will own all original works of authorship it may independently create. Digital output from the Entity's Use of the NCTCOG Data Product may be resized as desired and printed on black and white, color printers, or map plotters. Such printed hardcopies may be distributed to the Entity's officers, employees, citizens, contractors, or other persons in the regular course of business for their internal use or in connection with an actual transaction. Such printed output may be further copied, photographed, or reproduced digitally on the Internet. The Entity may charge a fee for such hardcopy printouts that exceed the actual direct cost of production. Without the prior written consent of NCTCOG, the Entity may not otherwise provide copied, digitized, reproduced, transmitted or disseminated, in whole or in part, any of the original digital data product in any form. (3) Mandatory Copyright Notice. Any permitted printing or reproduction of output material generated by the NCTCOG data product requires a copyright notice. As a courtesy to the participating Entity, the copyright notice can include the Entity name. Copyright 2003, North Central Texas Council of Governments or Copyright 2003, Entity Name, and the North Central Texas Council of Governments 2 II. AFFIDAVIT OF PROHIBITED INTEREST NCTCOG acknowledges and represents it is aware of the laws, City Charter, and City Code of Conduct regarding prohibited interests and that the existence of a prohibited interest at any time will render this Agreement null and void. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS 7,4041, Ll� _;1 Mike Eastland ate Executive Director 616 Six Flags Drive, Suite 200 Arlington, Texas 76011 3 CITY OF COPPELL, TEXAS Signal Ti%,, w� SI(eet Addro. City, State, Zi APPROVED AS TO FORM: .3 a_ ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared Mike Eastland of the North Central Texas Council of Governments, a non - profit corporation, a political subdivision of the State of Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of North Central Texas Council of Governments for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this the 14 f-41 day of STATE OF TEXAS ,2003. Notaryrublic in and for the State of Texas ACKNOWLEDGMENT COUNTY OF DALLAS AND DENTON BEFOI ME, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he /she executed the same as the act and deed of the City of Coppell, Texas, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this the // _ day of o , 200=3. D • Bpi., 4 pNY PU9 �Y:2O ids Y) �}� •• • ATE OF Notary Public in and for the State of 4 APPENDIX A SPECIFICATIONS FOR THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS DATABASE PRODUCTS 1 -FOOT RESOLUTION COLOR DIGITAL ORTHOPHOTOGRAPHY The North Central Texas Council of Governments ( NCTCOG) will provide 1 -foot digital color orthophotography (aerial) for NCTCOG customers. The 1 -foot resolution digital aerial data product specifications are summarized below: Sensor Type Aerial film camera with 6" focal length Negative Size 9" x 9" Altitude of Capture 9,000' above mean terrain Expected Capture Period February 2003 Control Sources Ground survey, Airborne Global Positioning System, Existing DEM, Ortho Scanning Resolution 14 microns Ground Resolution 1.0 U.S. survey foot Color Type 24 -bit natural color Coordinate System Texas State Plane, North Central Zone Horizontal Datum NAD 83 Units U.S. survey feet Format TIFF or MrSID The digital aerial will be produced using accepted photogrammetric industry practices under the supervision of Certified Photogrammetrists and Licensed Surveyors. Digital orthophotography products are guaranteed to meet National Map Accuracy Standards at a map scale of 1" = 200' (1:2,400). Photo scale is 1" = 1,500' (1:18,000). Products will be mosaiced and color balanced to create a near seamless appearance. 0.5 FOOT RESOLUTION COLOR DIGITAL ORTHOPHOTOGRAPHY The North Central Texas Council of Governments ( NCTCOG) will provide 0.5 -foot (6 -inch) digital color orthophotography (aerial) for NCTCOG customers. The 0.5 -foot resolution digital aerial data product specifications are summarized below: Sensor Type Aerial film camera with 6" focal length Negative Size 9° x 9^ Altitude of Capture 4,500' above mean terrain Expected Capture Period February 2003 Control Sources Ground survey and airborne Global Positioning System Scanning Resolution 15 microns Ground Resolution 0.5 U.S. survey feet Color Type 24 -bit natural color Coordinate System Texas State Plane, North Central Zone Horizontal Datum NAD 83 Units U.S. survey feet Format TIFF or MrSID The digital aerial will be produced using accepted photogrammetric industry practices under the supervision of Certified Photogrammetrists and Licensed Surveyors. Digital orthophotography products are guaranteed to meet National Map Accuracy Standards at a map scale of 1" = 200' (1:2,400). Photo scale is 1" = 750' (1:9,000). Products will be mosaiced and color balanced to create a near seamless appearance. APPENDIX B CONTACT INFORMATION North Central Texas Council of Governments Entity (Please print) ADMINISTRATIVE CONTACT TECHNICAL CONTACT Name: Monte Mercer John Hunt Title: Director of Administration Manager of GIS Department Agency Administration Research and Information Services Organization: North Central Texas Council of Governments North Central Texas Council of Governments Street Address: 616 Six Flags Drive, Suite 200 616 Six Flags Drive, Suite 200 City, State, Zip Arlington, Texas 76011 Arlington, Texas 76011 Phone /Fax: (817) 695 -9121 (817) 640 -7806 (817) 695 -9163 (817) 640 -4428 E -mail: mmercer@nctcog.org jhunt@nctcog.org Entity (Please print) ADMINISTRATIVE CONTACT TECHNICAL CONTACT Name: Title: Department Organization: Street Address: City, State, Zip Phone /Fax: E -mail: