MEMORANDUM OF UNDERSTANDING

 

CONCERNING THE ACQUISITION OF DIGITAL GEO-SPACIAL DATA

 

THIS MEMORANDUM OF UNDERSTANDING (this “Memorandum”) is made and entered into by and among the DOUGLAS COUNTY, KANSAS (hereinafter referred to as the “County”) and the CITY OF LAWRENCE, KANSAS (hereinafter referred to as the “City”).

 

RECITALS

 

WHEREAS, the County and the City desire to cooperate and share costs in obtaining certain digital geo-spatial data, as further defined herein, that will support mapping and analysis for both entities (hereinafter referred to as the “Project”); and

 

WHEREAS, the parties wish to enter into this Memorandum to document the duties and obligations to be assumed by each in connection the Project.

 

UNDERSTANDING

 

NOW THEREFORE, in consideration of the mutual promises and covenants contained herein and other valuable consideration, the parties agree as follows:

 

1.      Purpose.  The purpose of this Memorandum is to document the understanding and agreement of the parties relating to financing of the Project.  Specifically, parties enter into this Memorandum to efficiently use City and County resources to acquire county-wide geo-spatial data, specifically as follows:

 

·        County-wide LiDAR elevation data

·        Ortho-rectified Aerial Imagery

·        Digital Terrain Model (LiDAR derived w/mass point and breaklines)

·        Updated Planimetrics (specified areas)

 

2.      Definitions. Phrases used in Section 1 have the following clarifying definitions:

 

·        County-wide LiDAR elevation data: Includes LiDAR point cloud, bare earth model, intensity image, 1st, 2nd, and 3rd returns, and triangulated irregular network (TIN).

·        Ortho-rectified Aerial Imagery:  Six inch ground resolution (pixel), color (RGB), 100’ (1:1,200) scale imagery suitable for distance measurement, visual analysis, and object placement and/or alignment.

·        Digital Terrain Model (DTM):  Land surface model derived from LiDAR

      (light detection and ranging), including mass points and break-lines,        suitable to produce two (2) foot contours, county-wide.

·        Planimetrics:  Delineation of manmade and other prominent surface features in specified areas of growth within the City

 

3.      Undertakings of the County.

 

 

  1. The County, in consultation with the City, shall enter into one or more contractual agreements with the U.S. Geological Survey (the “USGS”), the U.S. Army Corps of Engineers (the “USACE”), and other third parties, to purchase data identified in Section 1 for a sum not to exceed $450,000 (the “Contracts”).  County personnel will administer any billing and correspondence between the USGS and the USACE.

 

  1. The County shall collaborate with City personnel in quality assurance/quality control of the Project, to ensure that acceptable data products, for their respective areas of interest, are delivered, but the County shall have primary control over administration of the Contracts.

 

  1. The County shall pay all charges of the USGS, the USACE, or other third parties in accordance with the Contracts. 

 

  1. The County share is 2/3s of the total Project cost and the City’s share is 1/3.  The County shall reimburse the City any funds remaining from the aggregate fixed amount of $150,000 that the City forwards the County under this agreement within 30 days of determination of the City’s actual 1/3 share.

 

4.      Undertakings of the City.

 

  1. The City shall consult with the County in connection with County’s entering into the Contracts.

 

  1. The City shall collaborate with the County personnel in quality assurance/quality control of the Project, to ensure that acceptable data products, for their respective areas of interest, are delivered, but the County shall have primary control over administration of the Contracts.

 

  1. The City shall pay 1/3 of all charges under the Contracts (but not to exceed the aggregate fixed amount of $150,000 (except with the City’s consent pursuant to Section 5).  The City shall forward $150,000 to the County to cover the City’s share of the Project costs within 30 days of the date of this Memorandum.

 

5.      Cost Overruns.  If the actual or estimated costs of the Project exceed $450,000, the City and County agree to negotiate in good faith for increased payments by either or both entities or to reduce the scope of the Project.  The negotiation shall take a place at the earliest possible time that cost overruns are anticipated.

 

6.      Approval and Authorization.  Each of the persons signing this Memorandum warrants and represents that this Memorandum has been approved by its governing body, and that this Memorandum constitutes a legal, valid and binding obligation of such party enforceable in accordance with its terms.  Each party further warrants and represents that the expenditures anticipated pursuant to this Memorandum and entering into this Memorandum do not and will not violate the Kansas cash basis laws, K.S.A. 10-1101, et. seq.

 

7.      Effective Date.  This Memorandum shall take effect upon the date fully executed by both parties.

 

 

 

IN WITNESS WHEREOF, the parties hereto approved this Memorandum on the dates below stated, to be effective as set forth in Section 7.

 

 

CITY OF LAWRENCE, KANSAS               DOUGLAS COUNTY, KANSAS

                                                                       

 

 

By:       ____________________________    By:       __________________________

Printed Name: ______________________                 Pam Madl

Title: _____________________________                  Assistant County Administrator

 

 

Dated:  ____________________________    Dated:  __________________________

 

 

ATTEST:                                                         ATTEST:

 

 

____________________________                _____________________________

Frank Reeb, Lawrence City Clerk                    Jameson D. Shew, Douglas County Clerk