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
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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: