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HomeMy Public PortalAboutResolution 2015-12-01 Entering into a Contract with Northwest Colorado Council of Governments (NWCCOG) for GIS Services TOWN OF FRASER RESOLUTION NO. 2015-12-01 A RESOLUTION ENTERING INTO A CONTRACT WITH NORTHWEST COLORADO COUNCIL OF GOVERNMENTS (NWCCOG) FOR GIS SERVICES BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. The Town Manager is hereby authorized to execute contract with Northwest Colorado Council of Governments (NWCCOG)for GIS Services with a term to expire December 31, 2016. 2. All documents must be executed within sixty days of the date of this Resolution or this approval shall no longer be effective. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 2ND DAY OF DECEMBER, 2015. Votes in favor: 7 BOARD OF TRUSTEES OF THE Votes opposed: TOWN O RASER -.LORADO Absent: Abstained: BY: ' � _ Ma F o f F�ys ATTEST: (SEAL.9 �� ��n ^ SEA1" Town Clerk )�1� 0 COLOFSP'' NWCCOG GIS SERVICE CENTER SUBSCRIPTION CONTRACT This agreement is made effective as of January 1, 2016 by and between Town of Fraser and Northwest Colorado Council of Governments (NWCCOG) GIS Service Center. The parties agree as follows: 1. AGREEMENT PERIOD. The term of this agreement shall commence January 1, 2016 and terminate by December 31, 2016. 2. DESCRIPTION OF SERVICES. ➢ The NWCCOG GIS Service Center will provide 20 hours of service each quarter. Hours not utilized within the current month may be carried over until the end of each quarter (March 31st, June 30th, September 30th, December 31st), but cannot be carried-over beyond that point. ➢ The NWCCOG GIS Service Center will provide the following services upon request: • Creation of base and thematic maps. • Data Creation and Maintenance (includes zoning/land use, addressing, data updating, utility and street inventories, database development/conversion/clean-up). • Queries and analysis. • Training and any general technical expertise ➢ Any additional hours needed beyond the monthly allowance will be charged at a rate of $55/hour. ➢ Local drive time (from Silverthorne or Denver) will count against the monthly hours at 1/2 time or as a one-way trip. ➢ Expenses incurred, such as postage costs, will be an additional billing according to the NWCCOG GIS Services price list. 3. DATA. The data created and collected by NWCCOG is jointly owned by the Town of Fraser and NWCCOG. NWCCOG reserves the right to utilize the data for other regional projects as needed and to share this data with other public entities upon request. 4. COST, COMPENSATION AND PAYMENT PROCEDURE. NWCCOG's compensation for this subscription is $1,100 each month. NWCCOG shall submit an invoice by the 15th of each month for payment of the following month's services. Invoices must be paid by the 5th of the month for which the services are to be provided. The Town of Fraser may choose to pay for several months in advance, not to exceed 12 months. 5. ASSIGNMENT. NWCCOG's obligations under this agreement may not be assigned or transferred to any other person, firm, or corporation without prior written consent of the Town of Fraser. 6. CHANGES OR TERMINATION. This agreement shall be effective from January 1, 2016 through December 31, 2016. Town of Fraser reserves the right to increase or decrease the subscription level or terminate the contract for any reason upon 14 days written notice to NWCCOG. NWCCOG reserves the right to discontinue subscription services to the GIS Service Center upon 14 days written notice to the Town of Fraser. NWCCOG GIS Service Center Subscription Contract Town of Fraser— Page 1 7. RELATIONSHIP OF PARTIES. The parties understand that NWCCOG is an independent contractor with respect to the Town of Fraser, and persons assigned by NWCCOG to provide these GIS services are not employees of the Town of Fraser. 8. NOTICES. All notices required or permitted under this agreement shall be in writing and shall be deemed delivered in person or deposited in the U.S. mail, addressed as follows: If to Fraser: Town of Fraser P.O. Box 120 Fraser, CO 80442 If to NWCCOG: Northwest Colorado Council of Governments P.O. Box 2308 Silverthorne, CO 80498 9. ENTIRE AGREEMENT. This agreement contains the entire agreement between the parties and there are no other promises or conditions in any other agreement whether written or oral. This agreement supercedes any prior written or oral agreements between the parties. 10.AMENDMENT. The agreement maybe modified or amended by the mutual agreement of the parties if the amendment is made in writing and is signed by both parties. 11.SEVERABILITY. If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 12.WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement. 13.RETURN OF RECORDS. Upon termination of this agreement, NWCCOG shall return any records, notes, data, memorandum, models, or other materials that were provided to NWCCOG by the Town of Fraser that the Town of Fraser may request NWCCOG to return. 14.APPLICABLE LAW. This agreement shall be governed by the laws of the State of Colorado. 15. ILLEGAL ALIENS. A. Certification. By entering into this Agreement, Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien and that Contractor has participated or attempted to participate in the basic pilot program administered by the U.S. Department of Homeland Security in order to verify that it does not employ any illegal aliens. B. Prohibited Acts. Contractor shall not: 1. Knowingly employ or contract with an illegal alien to perform work under this Agreement; or 2. Enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. NWCCOG GIS Service Center Subscription Contract Town of Fraser—Page 2 r C. yerifiCation. im contractor figs verified or attempted to verify throygR partidpatiurr in the'l5a5ic pli-o program .administered.bythe U.S. QepaWCnt or Rom' S�ritythat Contractor , doEs ut.empiuy any llicgai aliens and; it Contractor-is.not accepted into the, bas e:pilot. program prior to entering into this Agreement, that Lontracror sfiali apply to participate in the. basic pilot program eve,y;three.(3) muntfis.untii Contractor Fss.accepted'orthis. Agr=mant. hat, been wmplated,.whicfiever Is earlier, Z: Contractor shall not use basic•pilot'prvgram proc ures-to.underfaRce-prE-employment screening or job applicants wRIIc this Agreement is being performed'- 3. If Contractor obtains actual knowledge tfiat a 5uBco,ntractor performing work under tnis Agreement. knywingiyempluys or contends withanillegal alien, Contractor shall: -i.. Nutity the su6t ntractor and -the -Town within Mee (3) -Gays -that contractor has actual knowledge that the subLuntrador is e►npleyir. or contracting with an illegal alien;, and -ii. Terminate the su6wntraLt with the subcontractor If within three (3) days qt receIV Wing the notice required pursuant to subparagraph (l) :fiCievr, the subcountrac br does -not stop empluyin" ' or contracting:witly tRe ilieyal.alierq except that Contractor shall not termlri�&tne wntract wIth the. sawntractorit during such three (3) days: the subcontradpr provides Intormatibn to esta6l1sh that the-subcontraaor has nut cR-RuMngiy.empiuy�d or cntra—with an illegal alien. D. = ro-Lompiy with nvt-:. ons�r.. Contra-complyshall_ with any reasonable request 5y the Coloraduvepartment of L bor.and :Empioymant i'nadC in the course of an investigation- -oonducted pursuant to L.R.S. ai-Ii.S-TUZ(5)(d) to ensure that Contractor is complying witfi the ie, ms. or tnis Agreement. .IN WITNESS. i mEREuv, the parties iicrcty fiat executed this agreement•on the day and,.ycar nrst Durbin, Town Manager Date NWCCOG Liz MallEri, ERcuutivC'DirCMr Date NWCCOG GIS Service. Center Subscription Contract Town. of Fraser - Page 3. This agreement Is.made effective as of 3annary'li 3016 by ar T beLwee rt, Town of Fraser and Nordmwest Colorado.'Ceurdl of Governments (NWCCOG) GIS SeM e -Center:,' The partles egret: as f©ilows: 1, AGREEMENT PERIOD. The tem of this agreement shall- oommenc,e:3arruary 1, 2016 and terminate by December 31, 2016. 1.. _DESCRIPTION,0IF-SNE11WtC A ' ' "The NWCCOG GIS Service Center'uvili rovtde In hers of sarvli� .eadi Iter H uUlized-*thin the currentmonth'may-bezarded over until the.end of each quan�ter,(Mar�ch 315; ;lune 30th, .S�ember 30th; December 316t}; but cannot be carried-ovw pemw that point The. NWCMG: GIS Service Centier veil l- provide the following services upon Creation bf base and theniatic ::' - • - : DaW Creation and. Maintenance (Includes ortIng/16nd use, addressing; .data `utility updating, and street inventories, database 'de�eioprrmt/cDmmisiar/ciean-up), ♦ ' 'Queries and :analys's. _ *..,:Training arid -any general technical expertise.. ' A Ariy Iitionai hours needed beyond the monthly allowance wilt be cna[ged at a rate c $55/hour. A 1oca1 drive brine (from Sitverthome or -Denver) will couit nt G t the monthly hours at Ali time or' rr:. as a onewway trip: :. :. ' 3=xpenses incurred, such as postage costs, will be an additional biNing a6dordingtp•the NW= GIS Seervices:prlce list, . 3. DATA. the data- creaWd and coiled ,by NIWC= Is- jolndy owned .by the Town of: Fraser and NWCCOG: NIWC= reserves the right to utilize the data for other regional pmts as, needed an4 tbDy :share this data with qfte public entities upon request:. : 4.:.COST.. COMPENSATION AND PAYMENT PROCEDURE. -NWt 's compensation for.this . . :. sribscriptiom-$t,18@ each month. NWCCOG shall subunit an irwol a by.�e 1�' of each month : for payment of the folbwing month's services. Invoices must be paid by the .Sth of the month for ' which the services are to be provided. The Town of Fraser may, choose to pay for several months _ in advance,- not to. exceed. 12 months. S. ASSIGNMENT, NWCCOG's obllgatioris under this agreement may, not be assigned. or transferred: to any, other -person, firm, or corporation without prior written consent of the Town of Fraser. fi. CIHANGF.S QR TERMINATION. `Ifiis agr�ment shall be �tivir from January 1, 2016 through., December. 31, 2016. Town of Eraser reserves -the right to increase or decrease the subscription level or terminale the contract for any reason upon 14 days written notice to NWCMG. , NWCCOG reserves the fright to discontinue subscription services to the GIS Service Center -upon. 14 days written notice to the Town of Fraser:- NWCCOG Gib SerVice:Center Subscription Contract. I own of. Fraser - page 1 7. RELA71ONSHIIP OF PARTIES., The, parties understand that NWCCOG is an lnd*ndent contractor with respect to the Town of Fraser, and persons assigned by� NWCCOG to provide these GIs services are not employees of the Town, of Fraser, - S: M&WiS. All noticed required or perrriltted !finder this agree roerrt shall, be in writing and shall be deem delivered In person or deposited In the U.S. alt,-•adseas fell rntis: 'If to, Fraser. _ Town of Fraser. P.O. Box 120 -Fraser, CD 80442 If to NWCCOG! Northwest Colorado. Council. of Governments= P.D. Pox 2308. _ Sliverthome', CA.,8MS . ` 9.- - ENTIRE AGREEMENT. This agreement contains the entire agr+eemerit between the partite and there are .no other.promises or c6riditions In .any oto- agreement ,whether v+rrtfitery or, or -at. This agreement supersedes any prior written or oral agreements between- the pares:. 0. AMENDMENT.- The agreement maybe -modified- r amended by, the' mutual agreerrient of the parties If -the -amendment Is made In wrlbng,and is signed by both parties, 13. SEVERABILITY.. ,If any provlsian of this agreement shah be held -to .be: invalid oe unenforceable for -any reason, the remaining previsions shall aondnue to be valid and enforceable. - If'a court ftnds-that-airy provision of this agreement is invalid or-urvenfbiceable; but that by fIrnft 'ng such provision it would become valid and enforo**, then such provision 'thait be mimed to be written, construed, and enfoir,.ed" as so limited. 12. WAIVER OF CONTRACTUAL, RIGHT, ,T -failure. of either party to enfoh:e any provision of -.iris .agrer~rnont small not, be construed as a waiver .or Ifmitation of that Party's right to subsequently enforce and compel strict compliance with every provision of this agreement. 13, RETURN OF RECORDS. Upoh termination of this agreement, NWCCOG snail return .arny - :.: records, notes, data, rnernomndum, models, ori ther.rnaterlals that were provided to IVWCCOG by the -Town of -Fraser that -the Town of Fraser may. request NWCCOG to ern. 14.. APPLICABLE LAW. This agreement shall be governed by the laws of the state of Colorado. 151 ILLEGAL ALIENS. A.- ogn. '.By entering --Into this Agreernent, Contractor hereby certifies that,.at the time of - Ws certr€icatioh, it does not knowingly employ or'contract.With an illegal ailen and that Contractor has participated or attempted to participate, in the basic Allot program administered by the U.S. Department of Homeland security In order to. verify that It does not . employ any ft gal aliens. B.- Prohib, Contractor shall not; 1.. Knowingly employ or contract with an Illegal alien to peftrm work under this -Agreement; or :2. Enter into a contract with a subcontractor that fails to certify to- Contractor that the subcontractor shall'na knowingly employ or contract with an illegal alien to perfo rm work under this Agreement. NWCCOG GIS service Center.SubscOption Contract Town of Fraser - Page 2