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HomeMy WebLinkAbout1995 City- County Planning Board and MSU Geographic Planning Board AGREEMENT This greement is entered into this - day of416mt-Ur , between the Bozeman City-County Planning Board (hereafter Planning Board) and the Montana State University Geographic Information and Analysis Center (hereafter MSU-GIAC) . I . Whereas, the City of Bozeman has created the Bozeman City - County Planning Board to promote the public health, safety, morals, convenience, order and general welfare; and WHEREAS, the City of Bozeman is encouraged by the Montana Legislature to improve the present health, safety, convenience and welfare of the citizens and to plan for the future development of their communities to the end that highway systems be carefully planned; that new community centers grow only with adequate highway, utility, health, education, and recreational facilities; and WHEREAS, MSU-GIAC is a multi-disciplinary center of the Montana University System charged with the provision of instruction, research, and outreach programs that combine geographic information systems (hereafter GIS) and related technologies (GPS, remote sensing, urban infrastructure, natural resource modeling software, etc. ) ; and WHEREAS, certain facilities, equipment, information, and staffing expertise useful for the administration of statutes pertaining to infrastructure management and planning are available to one or the other, but not all, of said agencies; and WHEREAS, the sharing of such facilities, equipment, information, and staffing expertise is expected to benefit the operations of the listed agencies; THEREFORE, in consideration of the covenants and provisions set forth below, and the benefits occurring to each party therefrom, the parties to this contract hereby covenant, understand and agree to: II. 1 . The objectives of the parties to this agreement are: A. Coordinate activities, B. Increase efficiency, C. Facilitate day-to-day operations, D. Share skills and knowledge, E. Share equipment and facilities, F. Reduce costs . 2 . The parties agree that qualified representatives from the Planning Board and MSU-GIAC shall meet to discuss existing information and to define the scope, objectives, methodology, procedures, schedules, reports, and costs of investigations prior to initiating GIS projects and/or training programs of mutual interest. 3 . MSU-GIAC agrees to provide GIS database development, spatial analysis, spatial modeling studies, and GIS expertise to City staff as outlined in "Attachment A" , hereby made a part of this agreement. 4. This agreement shall be administered for the Planning Board by the Planning Director, Andy Epple. MSU-GIAC may rely and act upon all directions received from Andy Epple. Andy Epple may be reached during normal working hours at the Bozeman City- County Planning Office, P.O. Box 640, Bozeman, MT 59771-0640, phone 406-582-2360 . This agreement shall be administered for the MSU-GIAC by the GIS Specialist, Jackie Magnant. MSU-GIAC may rely and act upon all directions received from Jackie Magnant . Jackie Magnant may be reached at the Geographic Information and Analysis Center, 200 Traphagen Hall, Montana State University, Bozeman, MT 59717-0348. 5 . The Planning Board shall provide all relevant data, maps, and materials to MSU-GIAC pertaining to individual projects that are in City of Bozeman and/or Planning Board files . 6 . The Planning Board agrees to compensate MSU-GIAC for services rendered according to the fee schedules, "Attachment A" , hereby made part of this agreement. 7 . The Planning Board agrees to pay MSU-GIAC on a monthly basis for services rendered. Monthly reports shall be submitted by MSU-GIAC to the appropriate agency, accounting for equipment, expenses, personnel utilized and work accomplishments. MSU-GIAC agrees not to accumulate charges in excess of the budgetary limitations. A copy of the current budgetary limitations, initialed by MSU-GIAC, shall be incorporated into this Agreement as "Attachment A" and made a part hereof. Claims by MSU-GIAC in excess of the amount allocated for services will not be honored. 8 . MSU-GIAC services and participation under this agreement shall not be regulatory in any way, but shall be for the purposes of providing data, technical expertise, technical services, and training. 9 . MSU-GIAC must hire on the basis of merit and qualifications and must not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin. (Non- Discrimination in Hiring; Section 49-3-207, MCA. 10 . MSU-GIAC intends to use automobiles owned by the State of Montana in the performance of this contract and agrees that any automobile used in the performance of this contract will be insured either by coitunercial insurance or by means of the state self-insurance program. 11 . a. MSU-GIAC shall comply with the Montana Safety Culture Act, Title 39, Chapter 71, Part 15 of the Montana Code Annotated. b. MSU-GIAC shall comply with the applicable safety rules, codes, and provisions for occupational safety under Title 50, Chapter 71 of the Montana Code Annotated. Section 50-71-103 , MCA. 12 . MSU-GIAC agrees to obtain and maintain Worker' s Compensation Coverage for employees engaged in performing work under this Contract and provide a certificate of insurance to Andy Epple, Planning Director for the City of Bozeman. 13 . This Agreement calls for the services of an independent contractor, MSU-GIAC. The Planning Board will not be responsible for withholding of any state or federal taxes or social security, nor will the Planning Board extend any of the benefits to MSU- GIAC or its employees that it extends to Planning Board employees . The independent contractor, MSU-GIAC will be required to maintain the necessary records and withholding and to provide appropriate insurance, including worker' s compensation. Proof of Insurance shall be provided within ten (10) days of signing this Contract . 14 . MSU-GMAC agrees to hold the Planning Board harmless for any and all claims and liability arising out of the MSU-GIAC' s operations under this Agreement. The Planning Board agrees to hold harmless the MSU-GIAC harmless for any and all claims and liability arising out of the Planning Board' s operations under this Agreement . This shall include but not be limited to errors in instructions or directions. 15 . In the event it is necessary to bring any action to enforce the terms and covenants of this Agreement, such action shall be brought in the District Court of the Eighteenth Judicial District, Gallatin County, Montana. 16 . a. This Agreement shall be governed and interpreted according to the laws of the State of Montana. b. The section headings contained herein are for convenience only and are not intended to define or limit the scope of any provisions of this Agreement. c. The provisions of this Agreement are independent and severable, and the invalidity, partial invalidity, or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision. 17 . a. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision. b. No covenant, term or addition to this Agreement shall be deemed waived by either party unless such waiver shall be reduced to writing and signed by the parties . 18. - This agreement will terminate one (1) year from the date this document has been signed by the parties unless terminated earlier or extended by mutual agreement of the parties . 19 . a. This Agreement may be terminated by the City County Planning Board if the MSU-GIAC violates any term which is not corrected within Five (5) days after receiving written notice. b. Either party may terminate this Agreement without cause by giving thirty (30) days written notice or the intent to terminate. 20 . This Agreement, including the attached exhibit, is the entire Agreement between the parties . No alterations, modifications, or additions to this Agreement shall be binding unless reduced to writing and signed by the parties. Montana State University Geographic Date: /7/90 _f-- I ormation and Analysis Center By:_ ,( A_ )---4-1— ckie Magnan , IS Specialist City o B zeman Date: 17- Z 9- y5- Y- B ) !_ Andy Epple, Play 1 g Director Bozeman Cit -Coup Planning Board Date: J t) 2. /� By: , / ` /1/1 u/� W. Lisa Prugh, resident Approved as to form for the Date: 1/- Z '? 1 - Bozeman C . -County Planning Board By: , a.'127--21— :///4%<,,47 Pa City Attorney ATTACHMENT A The preparation of an accurate digital roads coverage for the City of Bozeman and Gallatin County represents a logical first step in building a digital GIS database to assist city and county government. The results from a recent joint city/county pilot project indicate that Global Positioning Systems (GPS) hardware and software can be combined with Geographic Information Systems (GIS) hardware and software and used to generate a digital roads coverage (1-5 meter horizontal accuracy) and several additional data layers (milepost markers,hydrants, bridges, road signs, and culverts, etc.). Ground control points may also be created from the roads layer and used to locate subdivisions, Certificates of Survey (COS), and other features in real world coordinates. Staff and equipment from the Montana State University Geographic Information and Analysis Center (GIAC) is available to prepare the GPS road survey and final GIS data layers. The primary and secondary roads and associated features would be surveyed with a Trimble GPS receiver attached to a rooftop antennae, a laptop computer, and a GPS base station located on the roof of Leon Johnson Hall. Two people are required for data collection. One person is needed to navigate the vehicle and the second person is required to (1) check data integrity(the GeoLink software draws the road data in vector format (i.e., as lines represented by suites of x,y coordinate pairs) on the laptop monitor as the data are collected) and (2) enter the attribute data(milepost markers, hydrants, bridges, etc.) in a series of customized database files. This survey should be initiated no later than 1 October 1995 to minimize possible (winter) weather delays. The final GIS coverages would be prepared in ARC/INFO and the deliverables would include a project report and a series of digital ARC/INFO coverages (data layers). The following cost estimates and timetable were prepared from the results of the pilot study and recent meetings between city, county, and GIAC staff about potential data products: 1. Organize and coordinate data collection, data processing, and preparation of reports (monthly progress reports submitted with invoices for services and final project report) 6 days at$240 per day $ 1,440 2. Identify section corners and determine final routes for data collection 4 days at$240 per day 960 3. Conduct GPS road survey 1 GIS Specialist x 35 days at$240 per day 8,400 1 Graduate Research Assistant x 35 days at$160 per day 5,600 4. GPS equipment rental (from Department of Plant, Soil and Environmental Science at Montana State University) Base station ($875 for 35 days x 50% discount) 440 Pathfinder roving receiver with GeoLink software loaded on GIAC laptop computer (35 days at$100 per day x 50% discount) 1,750 Differential corrections (35 days at$30 per day to be performed by Diana Cooksey, GPS Technician) 1,050 5. Convert GPS data to ARC/INFO coverages, identify and correct spatial database errors 33 days at$240 per day 7,920 6. Identify and correct errors in road coverage attribute database 15 days at$240 per day 3,600 7. Adjust PLSS section corners with GPS survey results 4 days at$240 per day 960 8. Gallatin County/City of Bozeman staff training 3 day ArcCAD training 1050 Informal"hands-on"training as part of data collection and analysis work tasks (no charge) 0 9. Vehicle costs (35 days) GPS survey of county roads (1300 miles plus subdivisions plus travel to and from MSU and daily survey routes using MSU Motor Pool vehicles billed at $0.31/mile and$0.42/mile (4 wheel drive) 1030 GPS survey of city roads (300 miles plus travel to and from MSU and daily survey routes using MSU Motor Pool vehicles billed at$0.31/mile 200 TOTAL COST LESS CAR AND WITHOUT CITY/COUNTY STAFF CONTRIBUTIONS TO DATA COLLECTION EFFORT $34,400 We propose using the GPS road survey (item 3)to allocate costs between the city and county. We anticipate that it will take 15 days to conduct the GPS road survey within the city and another 20 days to collect these data in the county. This split takes into account both the higher frequency of signs and other attributes within the city and the greater spatial extent of the county. The same splits (57% county; 43% city) should be used for the remainder of the work tasks with the exception of GIS training (item 8;50/50 split to provide ArcCAD training for one city and one county staff person) and vehicle costs (Item 9; see splits based on mileage used in original estimates) because the time and effort required to perform these tasks is directly proportional to the volume of GPS survey data. This allocation of time and effort leads to the following cost estimate: The City-County Planning Boards obligation is limited to $14,495 This work plan anticipates a meeting with appropriate city and county staff prior to the GPS survey to finali7P the list of attribute data to be collected and the protocols that will be used to collect their data (offsets,if any, attribute codes,etc.). The work plan also anticipates city and county staff input to verify routes and attributes (street names, numbers, etc.) as needed.