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HomeMy WebLinkAbout14. 18-417 AUGUST 15, 2018 18-417 RESOLUTION (CARRIED 4-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE COOPERATIVE AGREEMENT WITH THE STATE OF WISCONSIN DEPARTMENT OF TRANSPORTATION FOR WISCONSIN CONTINUOUSLY OPERATING REFERENCE STATIONS (WISCORS) NETWORK INITIATED BY: IT DIVISION BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached agreement between the City of Oshkosh and the State of Wisconsin Department of Transportation for installation and operation of equipment for the WISconsin Continuously Operating Reference Stations (WISCOR) Network, is hereby approved and the proper City officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. TO: Honorable Mayor and Members of the Common Council FROM: Anthony L. Neumann, Information Technology Manager DATE: August 8, 2018 RE: Approve Wisconsin DOT WISCORS Agreement BACKGROUND The city staff has been working with the State of Wisconsin Department of Transportation to establish a Wisconsin Continuously Operating Reference Station (WISCORS) within the City of Oshkosh, to expand their network and increase the accuracy of field collected data within the City of Oshkosh via Global Position System (GPS). ANALYSIS Various city departments rely on GPS to acquire accurate locations of assets and infrastructure components to utilize within the enterprise Geographic Information System (GIS). Adding a reference station within the City of Oshkosh increases the accuracy of the data collected. FISCAL IMPACT There is no fiscal impact of this agreement. The State DOT will offer the acquired data at no charge in exchange for allowing the installation and operation of the station on the Field Operation Center. Additionally, the State DOT agrees to all costs associated with the installation and maintenance of the reference station. RECOMMENDATION After review of the agreement by the Information Technology Manager and Director of Public Works, both recommend the Common Council approve this agreement. Approved, Mark A. Rohloff, City Manager City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us WISDOT AGREEMENT NO. 100 — 02 — 22 — 2018 WISCORS COOPERATIVE AGREEMENT BETWEEN THE STATE OF WISCONSIN, DEPARTMENT OF TRANSPORTATION AND CITY OF OSHKOSH (PARTNER) THIS AGREEMENT is made between the State of Wisconsin, acting by and through the Secretary of the Department of Transportation (hereinafter referred to as DEPARTMENT), 4822 Madison Yards Way; Madison, WI 53707, and City of Oshkosh, Wisconsin, acting by and through the City Manager of the City of Oshkosh, Wisconsin (hereinafter referred to as the PARTNER); 215 Church Ave, Oshkosh, WI 54903. Purpose 1.1 Section 66.0301 of the Wisconsin State Statutes, provides that the Secretary of Department of Transportation may coordinate the activities of DEPARTMENT under Sections 84.01(6) and (13), 84.06(1m), 84.09, 84.095, and 85.09, Wis. Stats. with other appropriate public authorities under Sections 86.25, 114.31 and 114.32, Wis. Stats., and enter into cooperative agreements with such authorities as necessary to carry out their duties, powers, and functions. 1.2 DEPARTMENT, in the interest of the traveling public and for the benefit of public safety, is developing a WISconsin Continuously Operating Reference Stations (WISCORS) Network throughout the State of Wisconsin (hereinafter referred to as the PROGRAM). This PROGRAM will provide information needed to increase the accuracy of field collected Global Positioning System (GPS) survey and Geographic Information System (GIS) grade data. The PROGRAM is a system of GPS receivers permanently fixed at sites located in cities, counties, or villages throughout Wisconsin that provide positions on points of interest in real time instantaneously. DEPARTMENT intends to enact administrative rules assessing fees for access to the information supplied by the PROGRAM, as authorized by the Wisconsin Legislature in recently -enacted s. 85.63(2), Wis. Stats. 1.3 The PARTNER recognizes that the PROGRAM is a mutually beneficial way to participate in the implementation of the DEPARTMENT'S PROGRAM effort, and agrees to assist the DEPARTMENT with its goal of providing coordination, guidance, and support of other governmental entities as needed for development and maintenance of the PROGRAM, and agrees to participate by making the resulting GPS data available free of charge to the DEPARTMENT. 2 Responsibilities of Agencies 2.1 The PARTNER agrees to: 2.1.1 Provide power to operate the GPS receiver and Uninterrupted Power Supply (UPS) (approximately 10 watts is needed); suitable and secure high speed internet (i.e. DSL, Cooperative WISCORS Agreement February 22, 2018 Page 1 cable, etc.) connection to continuously send GPS data to the DEPARTMENT'S computer server; and a secure facility to house the GPS receiverand related accessories. 2.1.2 The PARTNER shall notify the DEPARTMENT of any problems with the site and provide the necessary resources to resolve any minor operational issues with the site (e.g. reset GPS receiver, clean snow off GPS antenna, check power and/or internet connection, etc.) 2.1.3 Supply free of charge, upon completion of the WISCORS station, all necessary data collected by the PROGRAM, to the DEPARTMENT. This duty to make data collected available to the DEPARTMENT shall continue until termination of this Agreement. 2.2 DEPARTMENT agrees to: 2.2.1 Place conduit and buy all cabling needed to carry data from antenna on top of monument to the secure PARTNER structure that houses the GPS receiver. 2.2.2 Purchase and install lightning suppressor to protect the GPS equipment from lightning. 2.2.3 Purchase, install, and maintain GPS receiver, building mount, Uninterrupted Power Supply/Battery Backup if required, antenna, antenna cable, and cabling necessary to connect to Internet, service enclosure(s) including any modifications to the PARTNER building, such as conduit access points through walls and floors. All modifications to the partner building and site will comply with building and fire codes and will be done in a good workmanlike fashion. 2.2.4 Purchase, install, and maintain the GPS hardware and software including future upgrades necessary in order to centrally implement and manage the proposed statewide PROGRAM, including but not limited to, network server, telecommunications equipment (at the server), and facilities. 2.2.5 Provide one license (access code) free of charge to the PARTNER to gain access and operation to utilize the PROGRAM for surveying and positioning services for as long as the PARTNER provides the facilities and utilities specified in Section 2.1.1. 2.2.6 Maintain the proposed WISCORS so as to provide continuous operation throughout the state. 2.2.7 Retain ownership of GPS hardware and software, building mount, all necessary cabling and service enclosure(s) provided by the DEPARTMENT to operate the GPS receiver at the PARTNER site. 3 Reports and Inspections 3.1 Nothing in this Agreement shall deny the DEPARTMENT the right to inspect the system for satisfactory compliance with the requirements of the Agreement during normal business hours of the PARTNER building. The PARTNER reserves the right to accompany the DEPARTMENT during such inspections. 4 Certification of Funds: Term 4.1 This Agreement is subject to the determination by the DEPARTMENT that sufficient funds have been appropriated by the Wisconsin Legislature (or other governmental entities) to the DEPARTMENT for the purposes of this Agreement. If the DEPARTMENT determines that sufficient funds have not been appropriated for purposes of this Cooperative WISCORS Agreement February 22, 2018 Page 2 Agreement, then this Agreement or any renewal thereof will terminate on the date that the funding expires without any further obligation by either party. 4.2 This Agreement shall continue in force unless modified as provided in this subsection, or terminated as provides in subsection 4.3 below. The terms and conditions of the Agreement may be reviewed by the parties at any time. At the time of the review, the parties shall determine whether the terms and conditions of this Agreement are still satisfactory to each party or whether modifications are required. If modifications are required, such changes shall be made by written amendment executed by both parties. Each party is free to request modifications to the terms and conditions of this Agreement at any time while this Agreement is in effect and such modifications may be made by written amendment upon the mutual agreement of both parties. 4.3 This Agreement may be terminated by either party upon sixty (60) days written notice to the other party. Upon termination the DEPARTMENT shall 1) remove its equipment and the CORS monument, and 2) restore the property to its original condition at its own cost. 5 Disputes 5.1 In the event that any disputes arise between the DEPARTMENT and the PARTNER concerning interpretation of, or performance pursuant to, this Agreement, such dispute shall be resolved mutually between the Secretary of the Wisconsin DEPARTMENT of Transportation or authorized representative and the PARTNER'S authorized representative. 6 Notice 6.1 Notice under this Agreement shall be directed as follows: Tony Neumann IT Manager 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 Telephone: 920-236-5148 E -Mail: tneumann@ci.oshkosh.wi.us Wisconsin Department of Transportation Bureau of Technical Services Truax Center 3502 Kinsman Blvd. Madison, Wisconsin 53704 ATTN: Ray A. Kumapayi Telephone: (608) 246-7941 E-mail: ray.kumapayi@dot.wi.gov General Provisions 7.1 This Agreement constitutes the entire Agreement between the parties. All prior discussions and understandings between the parties are superseded by this Agreement. 7.2 Neither this Agreement nor any rights, duties, or obligations described herein shall be assigned by either party hereto without the prior express written consent of the other party. Cooperative WISCORS Agreement February 22, 2018 Page 3 7.3 This Agreement shall be construed and interpreted and the rights of the parties determined in accordance with the laws of the State of Wisconsin. 7.4 This Agreement shall be deemed to have been substantially performed only when fully performed according to its terms and conditions and any modifications thereof. 7.5 Any person executing this Agreement in a representative capacity hereby represents that he/she has been duly authorized by his/her principal to execute this Agreement on such principal's behalf. IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be duly executed in duplicate as of the day and year last written below. PARTNER: Date: Mark Rohloff, City Manager, City of Oshkosh DEPARTMENT: Date: Ray A Kumapayi, Chief, Surveying & Mapping Section, WisDOT Date: Pamela R. Ubrig, City Clerk, City of Oshkosh Date: Trena Larson, Finance Director, City of Oshkosh Date: Lynn A Lorenson, City Attorney, City of Oshkosh Cooperative WISCORS Agreement February 22, 2018 Page4