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HomeMy WebLinkAboutResolution - 2005-R0099 - Cooperative Agreement With US Department Of Interior For Geospatial Data Develop - 03_04_2005Resolution No. 2005-R0099 March 4, 2005 Item 27 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Cooperative Agreement and associated documents with the U. S. Department of the Interior, U. S. Geological Survey, to provide an assistance award for geospatial data development for the Lubbock metropolitan area, including acquisition of digital orthoimagery. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 4th ATTEST: DJ't4-�� 'p-1- Reb ca Garza, City Secretary APPRO AS�TONTENT: Craig F e , Managing Director Planning Transportation APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney Office Practice Section Lc: UATTY/Linda/RESOLUTIONS/USGS Grant March 2, 2005 day of Marr�h 7(1(15 resolution No. 2005-I 0099 9-2092 U.S. DEPARTMENT OF THE INTERIOR AV USGS OPS/OAFA (Rev 1/2000) U.S. GEOLOGICAL SURVEY ASSISTANCE AWARD scienceforachangingwodd 1 1 AWARD TYPE 2 AWARD NUMBER ...... .... 3 REQUISITION NUMBER Grant X Cooperative Agreement 05CRAG0008 05-8815-1244 4 RECIPIENT 5 JISSUED BY Name & Address: Name & Address: City of Lubbock U.S. Geological Survey 1625 13* Street Acquisition and Grants Branch P.O. Box 2000 P.O. Box 25046, MS 204B Lubbock, TX 79457 Denver, CO 80225 HHS PMS Subaccount No. 05CRAG0008 JGrace S. Oakeley, (303) 236-9326 6 APPLICATION TITLE ,&: DATE Lubbock Metropolitan Area Digital Orthophoto Project dated February 25, 2005 is attached hereto and made a part hereof. 7 JAWARD PERIODS 8 IFISCAL DATA Budget Period: February 22, 2005 through December 31, 2005 Federal Share: $25,000.00 Non -Federal Share: $267,711.00 Total Project Period: February 22, 2005 through December 31, Total Project Cost: $292,711.00 2005 Appropriation/Object Class: Obligated: 05-8815-BJFT7, OC 411C $25,000.00 Effective Date: February 22, 2005 DCN: 05CRAC-0008 9 JPRINCIPAL IN` E1 STIGATOR 10 JUSGS PROGRAM OFFICER Sally Abbe Claire DeVaughan City of Lubbock U.S. Geological Survey 1625 13'b Street 8027 Exchange Dr. P.O. Box 2000 Austin, TX 78754 Lubbock, TX 79457 Phone: (512) 927-3583 Phone: (806) 775-2106 Fax: (512) 927-3590 Fax: (806) 775-2100 Email: cdevaugh@usgs.gov Email: sabbe@mail.ci.lubbock.tx.us I1 ADMINISTRATIVEDATA 12 JFAADS DATA CFDA Number: 15.808 City Code: 45000 Program: USGS Research and Data Collection County Code: 303 Legislative Authority: See Article H, Page 3 State Code: 48 Payment Method: Reimbursable, HHS, PMS Con essional District: 19 13. AUTHORIZED SIGNATURES I/ X\/ 1 03-04-05 Id Alw dt 3/9/2005 ' ecipie s Si a Date Contracting fficer's Signature Date Marc McDougal, Mayor Grace S. Oakeley, Contracting Officer TYPED NAME AND TITLE TYPED NAME AND TITLE Attest: 1 Reb ca Garza, City Secretary A. This agreement consists of the following documents: 1. Cover sheet, page 1; 2. Agreement Table of Contents, page 2; 3. Schedule of Articles, pages 3 through 10; 4. U.S. Geological Survey General Provisions and Grants and Cooperative Agreements, Pages 11 through 23. 5. City of Lubbock's proposal entitled "Lubbock Metropolitan Area Digital Orthophoto Project" 2 This cooperative agreement is being entered into with the City of Lubbock for geospatial data development. for the Lubbock metropolitan area, including acquisition of digital orthoimagery. The City of Lubbock serves as advocate, planner, and coordinator of initiatives for the citizens of the Lubbock metropolitan area. These activities include emergency services, elderly assistance, law enforcement, criminal justice planning, solid waste services, infrastructure development, and housing and economic development. The Planning Department of the City of Lubbock uses Geographic Information Systems (GIS) as one tool to implement these responsibilities, and has an ongoing program of digital orthoimagery acquisition to support the city's GIS base data needs. The U.S. Geological Survey (USGS), as the domestic mapping agency of the United States, has a desire to obtain high -resolution digital orthoimagery over the Lubbock area in support of The National Map, and a Department of Defense (DOD) request for such imagery in support of Homeland Security. The data specifications and coverage requirements of the USGS and City of Lubbock programs are so similar that the organizations will enter into a cooperative agreement to jointly fund a City of Lubbock managed program that will produce products that can be used by USGS. The partnership formed through this agreement helps assure future access to the City of Lubbock's geographic data, and that the orthoimagery data is available in the public domain. ARTICLE II — STATEMENT OF JOINT OBJECTIVES This cooperative agreement is being entered into pursuant to the authority of the USGS Organic Act 43 U.S.C. 31 Legislation P.L. 104-99 and Public Law 108-7. This cooperative agreement will facilitate data -sharing and data development between the USGS and the City of Lubbock on an ongoing basis. The USGS will be able to provide input regarding the development of data which meets Federal Geographic Data Committee (FGDC) standards, and will cultivate a mutually beneficial partnership with the City of Lubbock. In addition, this partnership with the City of Lubbock will provide USGS with current GIS data at no cost, which will be incorporated into The National Map, and used for Homeland Security purposes. The current project being undertaken by the City of Lubbock is the acquisition and production of high -resolution natural color orthoimagery for the Lubbock metropolitan area, including portions of Lubbock County and Hockley County. This agreement will define how the City of Lubbock will make the orthoimagery data available to USGS, states the amount of monetary contributions, and a tentative timeline for when data will become available, based on the best information at hand, and subject to change as events dictate. ARTICLE III — PROJECT MANAGEMENT PLAN A. The City of Lubbock will accomplish during the period of this cooperative agreement: 3 2. Deliver orthoimagery data to the USGS that meets the specifications and conditions included in this cooperative agreement, including metadata. 3. Ensure that the schedule agreed to by the City of Lubbock and the USGS for the delivery of orthoimagery data is met. B. U.S. Geological Survey will accomplish the following: 1. Provide Quality Assurance and Quality Control of the orthoimagery upon receipt of said imagery. 2. Provide specifications and technical expertise to the City of Lubbock regarding the acquisition of digital otthoirnagery. 3. Make the orthoimagery and additional data layers such as boundaries and transportation available to the public via The National Map. 4. Provide funding to the City of Lubbock in the amount of $25,000.00 which will be put towards the cost of the orthoimagery acquisition and production. ARTICLE IV - FINANCIAL SUPPORT .. _ A. Financial Support Arrangements --Under terms of the Cooperative Agreement, the USGS shall provide funds in the amount specified on the award sheet. B. The total cost of this agreement is $292,711.00 for the entire period of the agreement, USGS' share is $25,000.00 and the City of Lubbock's share is $267,711.00. C. The U.S. Geological Survey will contribute 11% or not to exceed $25,000.00 of the estimated cost of this agreement. D. Predetermined indirect cost rates as follows are applicable under this agreement for the period indicated. Indirect Cost Category Period Rate None 02/22/05 — 12/31/05 0% ARTICLE V - PAYMENT The City of Lubbock shall not incur costs to be charged to the USGS, nor shall the USGS be obligated to reimburse the City of Lubbock in excess of the funding actually obligated under this cooperative agreement. 0 A. Method of Payment: The U.S. Geological Survey (USGS) is using the Health and Human Services (HHS) Payment Management System (PMS) to provide electronic payment for assistance award recipients. The Recipient has established or will establish an account with PMS. With the award of each cooperative agreement, a subaccount will be set up from which the Recipient can draw down funds. The subaccount number will be shown in block 4 of the face page of each award or modification. Payments will be made available through the PMS. The PMS is administered by the Department of Health and Human Services (DHHS), Division of Payment Management of the Financial Management Service, Program Support Center. The DHHS will forward instructions for obtaining payments to the recipients. Inquiries regarding payment should be directed to: Division of Payment Management Department of Health and Human Services P.O. Box 6021 Rockville, MD 20852 The Division of Payment Management web address is www.dpm.psc.gov, Upon acceptance of the terms and conditions of this cooperative agreement, the recipient may draw down funds, according to expenditures (no draws for advance payments will be made), from the HHS Payment Management System. - __ .. B. Financial Reporting Requirements: 1. Standard Form 272, Federal Cash Transactions Report is required quarterly for each PMS subaccount. Quarterly reports are due fifteen (15) working days after the end of each fiscal quarter and will be submitted to the contracting officer, unless otherwise instructed. 2. Standard Form 269, Financial Status Report (original and 1 copy) is required annually and is due thirty (30) calendar days after the end of the annual budget period. 3. Final Financial Status Report. The recipient will liquidate all obligations incurred under the award and submit a final SF 269 Financial Status Report no later than ninety (90) calendar days after the grant/cooperative agreement completion date. Recipient will promptly return any unused federal cash advances or will complete a final draw from PMS to obtain any remaining amounts due. This agreement is intended to support a particular project for a specific period of time. Any portion of funds not expended at the completion of the period of performance of this agreement shall be returned to the USGS, along with any interest earned on that amount. ARTICLE VI - TERM OF THE AGREEMENT 5 ARTICLE VII - PROJECT INFORMATION SYSTEM Data, results of methods, and procedure development will be made available to the U.S. Geological Survey with no restrictions. A. Imagery shall be delivered as follows: 1. Digital Orthorectified Images shall be referenced to North American Datum 1983, State Plane (Texas North Central Zone) 2. Digital Orthorectified Images shall be natural color. 3. Digital Orthorectified Image ground resolution (pixel size) shall be 6 inch. 4. Digital Orthorectified Image Horizontal Accuracy — Ortho image horizontal positional accuracy shall not exceed 3.3 feet in the areas covered by the City of Lubbock's DTM, and 6 feet in the areas covered by NASA's SRTM data. 5. Digital Orthorectified Images shall be submitted in Geotiff and MrSID computer file format. 6....A11, deliverable. data_atid d-ocwi ztltation.shall Ue free,from restrictions,rcgarding use and distribution. Data and documentation provided under this cooperative agreement shall be freely distributable by government agencies. 7. Metadata shall be Federal Geographic Data Committee (FGDC) compliant. B. Two (2) copies of the final technical report shall be sent to the address found in DIAR 1404.7104. The address is currently: U.S. Department of the Interior Office of Library and Information Services Gifts and Exchanges Section 18th and C Streets, N.W. Washington, D. C. 20240 ARTICLE VIII - PROPERTY MANAGEMENT AND DISPOSITION There will not be non -expendable property acquired under this agreement. ARTICLE IX - SPECIAL PROVISIONS 2 r A. MINORITY BUSINESS ENTERPRISE DEVELOPMENT It is a national policy to award a fair share of contracts to small and minority business firms. The Department of the Interior is strongly committed to the objective of this policy and encourages all recipients of its grants and cooperative agreements to take affirmative steps to ensure such fairness. (1) The grantee and subgrantee shall take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible. (2) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage participation_ by small and minority business,. -and women's.business enterprises; (v) Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce as appropriate, and (vi) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in (2)(i) through (v) above. B. BUY AMERICAN ACT FOR ASSISTANCE PROGRAMS Pursuant to Sec. 307(b) of the Department of the Interior (DOI) and Related Agencies Appropriations Act, FY2000, Public Law 106-113, please be advised of the following: In the case of any equipment or product that may be authorized to be purchased with financial assistance provided using funds made available in FY 2000 and thereafter, it is the sense of the Congress that entities receiving the assistance should, in expending the assistance, purchase only American -made equipment and products. C. ANTI -LOBBYING 7 Recipient shall not use any part of the Department of the Interior funds provided hereunder for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action is not complete. D. ENDORSEMENTS Recipient shall not publicize or otherwise circulate, promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts or other publications), which states or implies governmental, Departmental, bureau, or government employee endorsement of a product, service, or position, which the recipient represents. No release of information relating to this award may state or imply that the Government approves of the recipient's work products, or considers the recipient's work product to be superior to other products or services. E. ASSISTANCE IMPLEMENTATION — METRIC CONVERSION All progress and final reports, other reports, or publications produced under this award shall employ the metric system of measurements to the maximum extent practicable. Both metric and inch -pound units (dual units) may be used if necessary during any transition period(s). However, the recipient may provide documentation that the use of metric measurements is impracticable or is likely to cause significant inefficiencies or loss of markets to the recipient, such as when foreign competitors are producing competing products in non -metric units. F. EXECUTIVE ORDER 13043 — SEAT BELT PROVISION Recipients of grants/cooperative agreements and/or sub -awards are encouraged to adopt and enforce on-the-job seat belt use policies and programs for their employees when operating company -owned, rented, or personally owned vehicles. These measures include, but are not limited to, conducting education, awareness, and other appropriate programs for their employees about the importance of wearing seat belts and the consequences of not wearing them. G. STATEMENT DESCRIBING PROJECTS OR PROGRAMS The recipient agrees to include the following information in any announcement of award of a contract for goods or services (including construction services) having aggregate value of $500,000 or more, financed in whole or in part by this award: (a) the amount of Federal funds that will be used to finance the acquisition, and (b) this amount expressed as a percentage of the total acquisition cost. H. Publication of any reports or parts thereof by Recipient personnel will be subject to Survey Review (See Section GCAI(k)). Authorship will not incur anyprivileges of copyright or restriction on distribution. Appropriate credits to United States Department of the Interior, Geological Survey, shall be in any formally published article, providing the Survey does not otherwise feel it appropriate to issue a disclaimer. I. All users of USGS computer systems will abide by the policies and procedures established by the USGS for those systems. All registration procedures, i.e., requests for new User ID's, requests for password changes, and requests for deletion of User ID's, will be channeled through designated USGS, National Mapping Discipline personnel for approval. J. SURVEY ACTIVITIES ON PRIVATE AND OTHER NON-FEDERAL LANDS (PUBLIC Law 103-138) Compliance with state laws -- The USGS/Biological Resources Discipline (BRD) shall comply with applicable State and Tribal government laws, including laws relating to private property rights and privacy. Consent and Notice Requirements -- In General -- The BRD shall not enter non -Federal real property for the purpose of collecting information regarding the property, unless the owner of the property has -- 1. consented in writing to that entry; 2. been provided notice of that entry; and 3. been notified that any raw data collected from the property must be made available at no cost, if requested by the law owner. Limitation --, Above paragraph does, not prohibit. entry of property for the purpose of obtaining . consent or providing notice as required by that paragraph. BRD Defined -- In this provision, the term `BRD" includes any person that is an officer, employee, or agent of the BRD, including any such person acting pursuant to a contract or cooperative agreement with or any grant from the Biological Resources Discipline/USGS. Liability — The Survey's liability will be governed by the Federal Tort Claims Act (28 U.S.C. 2761 et se .). K. DOI ASSISTANCE REGULATIONS INCORPORATED BY REFERENCE 43 CFR Part 12, Subpart A: Administrative and Audit Requirements and Cost Principles for Assistance Programs 43 C FR P art 12, S ubpart D : G overnrnent D ebarment and S uspension (Nonprocurement) and Governmentwide Requirements for Drug Free Workplace 43 CFR Part 12, Subpart E: Buy American Requirements for Assistance Programs 43 CFR Part 17, Subpart A: Nondiscrimination on the Basis of Race, Color, or National Origin 43 CFR Part 17, Subpart B: Nondiscrimination on the Basis of Handicap 43 CFR Part 17, Subpart C: Nondiscrimination on the Basis of Age 43 CFR Part 18: New Restrictions on Lobbying 9 43 CFR Part 12, Subpart C: Uniform administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 43 CFR Part 12, Subpart F: Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations 10 GCAI GENERAL PROVISIONS FOR U.S. GEOLOGICAL SURVEY GRANTS AND COOPERATIVE AGREEMENTS (a) Definitions. The following terms shall have the meanings set forth below: (1) Agreements. An award of funds or other assistance included in a grant or cooperative agreement executed by a Contracting Officer. (2) Recipient. A party who has accepted a grant or a cooperative agreement. (3) Agreement Period. The period of time agreed to by the parties for the furnishing of assistance. (4) Nonprofit Organization. Any corporation, foundation, trust or institution operated for scientific, educational or medical purposes, and which is not organized for profit; no part of the net earnings of such organization may benefit any private shareholder or individual. (5) Cost Sharing. Contribution by the recipient, subrecipients or third parties toward the total cost of conducting the project. (6) Contracting Officer. An official designated to enter into and administer agreements and make related determinations and findings. M Contracting Officer's Representative (COR). The USGS individual. responsible for technical monitoring of the grant or agreement. (8) Project Manager/Principal Investigator. The person authorized and designated by the recipient to be responsible for a project and to serve as the recipient's principal contact with the USGS. (b) Applicability and Scope. (1) Agreements made with nonprofit organizations shall be in accordance with the following circulars in effect on the date of the agreement as appropriate: (i) OMB A-21, (Revised), Cost Principles for Educational Institutions -- Codified in Federal Acquisition regulations 31.3; (ii) OMB A-110, Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations; (iii) OMB A-122, Cost Principles for Nonprofit Organizations --Codified in Federal Acquisition Regulations 31.7. 11 (2) Agreements made with State and local governments shall be in accordance with the provisions of the following circulars, in effect on the date of the agreement: (i) OMB A-87, Cost Principles for State and Local Governments (Revised) -- Codified in Federal Acquisition Regulation 31.6; (ii) OMB A-102, (Revised), Uniform Requirements for Assistance to State and Local Governments; (iii) OMB A-128, Audits of State and Local Governments; (3) All agreements with organizations other than those indicated in (1) and (2) above shall be subject to Part 31 of the Federal Acquisition Regulations entitled "Contract Cost Principles and Procedures," subpart 31.2 entitled "Contracts with Commercial Organizations." (c) General. It is the primary responsibility of the recipient and the principal investigator to conduct the research in the most effective manner. The U.S. Geological Survey (USGS) believes that the principal investigator is in the best position to determine the means by which the research can be conducted most effectively. Therefore, the USGS will avoid any action, which might diminish the joint responsibility of the recipient and the principal investigator from making sound scientific and administrative judgments. The abiding concern of the USGS is that awarded funds are always used to achieve a maximum contribution to the new knowledge essential to the continued development of the USGS, and it is expected that recipients and ,principal investigators wiltalways direct their,efforts to this end. _ (d) Payments and Refunds. (1) Payments under this agreement shall be made in accordance with the requirements of OMB Circulars A-102 or A-110 as applicable. The payment method selected is as indicated in the Schedule Articles of this agreement. The established payment schedule may be amended by mutual agreement. (2) Any funds uncommitted at the end of the agreement period and any amounts to which the United States is entitled because of program income, earned interest by agreement, funds on deposit, or proceeds from the sale of property shall be returned to the USGS by check payable to the U.S. Geological Survey. (e) Cost Sharing. (1) If cost sharing is required by this agreement, page 1 indicates the shared percentage of the total estimated research project cost represented by the agreement amount. The recipient may request adjustment of this percentage during the agreement period in the event of a material departure from the original research objective authorized by the Contracting Officer. 12 (2) If, at the end of the agreement period, the actual cost is less than the estimated cost, the recipient shall apply the agreed percentage of the actual cost and return funds received in excess of the amount so computed. Only costs allowable under the applicable cost principles cited in paragraph (b) above will be recognized in determining the actual cost. (3) The criteria and procedures for the allowability of cash and in -kind contributions made by recipients, subrecipients and third parties in satisfying cost sharing requirements are contained in OMB Circulars A-102 and A-110, as applicable. (f) Adherence to Original Research Objectives and Budget Estimates. (1) Any commitments or expenditures incurred by the recipient in excess of the funds provided by the agreement shall be the responsibility of the recipient. Expenditures incurred for work performed, services provided, materials delivered to the project or depreciation accrued prior to the effective date of the agreement may not be charged against agreement funds unless provided therefore in the agreement instrument. (2) Agreement funds shall not, under any circumstances, be used to increase the rate of salary for any individual performing work during the period of performance of this agreement unless such salary increase is the result of a regular salary adjustment, a permanent promotion which would have occurred had the __individual_ been, employed on a projecl.which was.not,federally fiuided, or a change of duties with an increase in responsibilities commensurate with the salary increase. (3) Except to the extent specifically prohibited in the involvement statement, the principal investigator should feel free to discontinue or modify unpromising lines of investigation, or to explore interesting leads which may appear during the development of the research. (i) For nonconstruction projects the recipient shall request prior approval from the USGS promptly when there is reason to believe that revision of the agreement budget is necessary due to one of the following reasons: (A) Changes in the scope or the objective of the project or program. (B) The need for additional Federal funding. (C) The transfer of amounts budgeted for indirect costs to absorb increases in direct costs or transfer of amounts budgeted for direct costs to absorb increases in indirect costs. The latter does not 13 (D) The expenditures requiring approval in accordance with applicable cost principles. (E) Recipients plan to transfer funds allotted for training allowances (direct payments to trainees) to other categories of expense. (ii) For construction projects the recipient shall request prior approval promptly for budget revisions whenever: (A) The revision results from changes in the scope or the objective of the project or program. (B) The revision increases the amount of Federal funds needed to complete the project. (iii) For combined construction -non -construction projects, the recipient shall request prior approval before making any fund or budget transfers between the two types of work supported. (iv) For both construction and non -construction projects, the recipient shall promptly notify the USGS whenever the amount of Federal funds authorized is expected to exceed the needs of the recipient by more than $5,000.00 or 5 percent of the Federal award, whichever is greater. (v) When requesting approval for budget revision the recipient shall use the budget forms, which were used in the agreement application. However, the recipient may request by letter the approvals required by applicable cost principles. (4) Within 30 calendar days from the date of receipt of the request for budget revisions, the USGS shall review the request and notify the recipient whether the budget revisions have been approved. If the revision is still under consideration at the end of 30 calendar days, the USGS shall inform the recipient in writing of the date when the recipient may expect the decision. 5) If the recipient is an educational institution, any research covered by summer salary support must be carried out during the summer, not during the academic year, and at the locations approved in advance in writing by the USGS. (g) Agreement Period Extension. 14 (2) Requests for extensions must be accompanied by a revised budget indicating the planned use of unexpended funds during the extension period. (h) Securi . It is not anticipated that classified information will be required or generated; but should the research be deemed by USGS to be classified at any time during the agreement period, the recipient shall have the right to terminate, without penalty, under paragraph (r)(3)(11) below. (i) Patents --Small Businesses and Nonprofit Organizations. Subject to the provisions set forth in 37 CFR 401 and 35 U.S.C. 203, a Recipient may retain the entire right, title, and interest throughout the world to each subject invention. With respect to any subject invention in which the Recipient retains title, the Federal Government will have a nonexclusive, nontransferable, irrevocable, paid -up license to practice or have practiced for or on behalf of the United States the subject invention throughout the world. 0) Rights in Technical Data. The Government may publish, reproduce, and use all technical data developed as a result of this agreement in any manner and for any purpose, without limitation, and may authorize others to do the same. (k) Publication. (1) Publication of the results of this project may be made by the recipient in professional journals and publications and trade magazines and by the USGS in its own publications. Manuscripts submitted for publication will be accompanied by the following notation: "This manuscript is submitted for publication with the understanding that the United States Government is authorized to reproduce and distribute reprints for governmental purposes." (2) One copy of each article planned for publication shall be submitted to the COR simultaneously with its submission for publication. Ten reprints of each published article shall be submitted to the COR immediately following publication. The COR shall be notified in advance of proposed talks and the technical content thereof. (3) Except for formal publication or public talks, disclosure of information gained as a result of work performed under this award shall be accomplished according to USGS procedures or through USGS channels. (4) Disclaims --All manuscripts submitted for publication shall carry the following notation: 15 "The views and conclusions contained in this document are those of the authors and should not be interpreted as necessarily representing the official policies, either express or implied, of the U.S. Government." (1) Acknowledgement. All manuscripts submitted for publication will carry the following notation: "Research supported by U.S. Geological Survey, Department of the Interior, under USGS Agreement No. " (m) Monitoring and Reporting Program Performance. (1) The recipient shall constantly monitor the performance under this agreement to assure that time schedules are being accomplished, and other performance tioals are being achieved. This review shall be made for each program function or activity as set forth in the application and/or project description. (2) A final scientific report is required within 34 days after completion of the research. It shall be submitted to the designated USGS technical office in six copies with one copy furnished to the Administrative Office shown on the first page. It will contain a comprehensive review of accomplishments and a chronological bibliograpby of all publications, USES Scientific Reports, and significant scientific papers resulting from the work performed. Additional copies :....of the final report.shall be distributed as designated in the agreement document. (3) Interim performance reports shall be submitted to the Scientific Office designated on page 1, 15 working days following the end of each calendar quarter except the final quarter. The reports shall include the following information for each program, function or activity: (i) A comparison of actual accomplishments to the goals established for the period. Where the output of agreement programs can be readily quantified, such quantitative data should be related to cost data for computation for unit costs. (ii) Reasons for slippage in those cases where established goals were not met. (iii) Other pertinent information, including, when appropriate, analysis and explanation of cost overruns or high unit costs. (4) Between the required performance reporting dates, events may occur which have significant impact upon the project or program. In such cases, the recipient shall inform the USGS as soon as the following types of conditions become known 16 (i) Problems, delay, or adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, and any Federal assistance needed to resolve the situation. (ii) Favorable developments or events which enable meeting time schedules and goals sooner than anticipated or producing more work units than originally projected. (5) The USGS will make site visits as frequently as practicable to: (i) Review program accomplishments and management control systems. (ii) Provide such technical assistance as may be required. (n) Availability of Principal Investigator. The recipient will immediately inform the Contracting Officer when it appears the principal investigator will not be able to devote substantially the percent of time proposed for commitment to the project. (o) Financial Management System. The recipient's financial management system shall provide for: (1) Accurate, current and complete disclosure of the financial results of this assistance program in accordance with the financial reporting requirements set forth under the provision entitled Financial Reporting. The recipient shall not be required to establish an accrual accounting system but shall develop accrual data on its reports on the basis of an analysis of the documentation on hand. (2) Records that identify adequately the source and application of funds for the activities supported by this agreement. These records shall contain information pertaining to Federal awards and authorizations, obligations, unobligated balance, assets, liabilities, outlays, and income. (3) Effective control over and accountability for all funds, property, and other assets. The recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of actual outlays with budgeted amounts for this agreement and relation of financial information with performance or productivity data, including the production of unit cost information whenever appropriate. 17 (5) Procedures to minimize the time lapse between the transfer of funds from U.S. Treasury and the disbursement by the recipient and between disbursement to and disbursement by secondary recipients. (6) Procedures for determining the reasonableness, allowability and allocability of costs in accordance with applicable cost principles. (7) Accounting records that are supported by source documents. (8) Examinations in the form of audits made by qualified individuals who are sufficiently independent of those who authorize the expenditure of funds to produce unbiased opinions. These examinations are intended to ascertain the effectiveness of the financial management systems and internal procedures that have been established to meet the terms and conditions of the agreement. They should be made in accordance with generally accepted auditing standards, including the standards published by the General Accounting Office, Standards for Audit of Government Organizations, Programs, Activities, and Functions. It is not intended that each grant or cooperative agreement be examined. Generally, examinations should be conducted on an organization -wide basis to test the fiscal integrity of financial transactions, as well as compliance with terms and conditions of Federal grants and cooperative agreements. Such tests would include an appropriate sampling of Federal grants and cooperative agreements. Examination will be conducted with reasonable frequency, on a continuing basis or at scheduled intervals, usually annually, but not less frequently than every 2 years._.The _frequency of those examinations shall de end,on the,i ature,.size and . the complexity of the activity. (9) A systematic method to assure timely and appropriate resolution of audit findings and recommendations. (10) Comparable subrecipient financial management systems, except that subrecipients need not be required to report, using the forms and procedures required by the provision entitled Financial Reporting. (p) Acquisition of Property. All purchases or acquisitions of equipment or property required in the performance of this agreement will be submitted in advance of purchase or acquisition to the Contracting Officer for approval. This approval requirement is considered to have been met upon award of the agreement for all items fully identified and justified by the recipient in his proposal and budget estimate. (q) Property Management. All property furnished by the Federal Government or acquired in whole or in part with Federal funds provided under this agreement shall be safeguarded, maintained, utilized and disposed of in accordance with the property management standards contained in OMB Circular A-102 or A-110, as applicable. (r)- Cloaeout, Suspension, and Termination. W c 'Y (1) Upon completion of the work under this agreement, the parties shall take prompt action to close out the agreement including: (i) Upon request, USGS shall make prompt payment to the recipient for allowable reimbursable costs. (ii) The recipient shall immediately refund any balance of unobligated (unencumbered) cash advances that have not been authorized to be retained for use on other agreements. (iii) The recipient shall submit a final Financial Status Report (SF-269) within 90 days of the completion of the work under the agreement, or shall request such extensions as are necessary, giving justification thereof. (iv) The recipient shall account for any property acquired with the agreement funds or received from the Federal government in accordance with the Property Management provisions of this agreement. (v) Upon completion of the above procedures and receipt of all progress reports and scientific report, the USGS shall make final settlement under this agreement, subject to final audit. (2)_ Failure- to- comply:with,the terms and conditions of the_agreement may result in suspension and/or termination. In such event, the USGS may suspend the agreement and withhold further payments, or prohibit the recipient from incurring additional obligations of funds pending corrective action by the recipient or a decision to terminate in accordance with paragraph (3) below. The USGS shall - allow all necessary and proper costs that the recipient could not reasonably avoid during the period of suspension provided that they meet the provisions of the applicable Federal cost principles. (3) The USGS shall administer terminations in the following manner: (i) Termination for Cause. The USGS reserves the right to terminate this agreement in whole or in part at any time before the date of completion, whenever it is determined that the recipient has failed to comply with the conditions of the agreement. The USGS shall promptly notify the recipient in writing of the determination and the reasons for the termination, together with the effective date. Payments made to recipients, or recoveries by the USGS under agreements terminated for cause, shall be in accordance with the legal rights and liabilities of the parties. Upon such termination the recipient shall refund, by check made payable to the Department of the Interior - USGS, any unexpended agreement funds except such- 19 portion thereof as may be required by the recipient to meet commitments which had become firm prior to the effective date of termination and are otherwise allowable. (ii) Termination for Convenience. The USGS or recipients may terminate this agreement in whole or in part when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. The recipient shall not incur new obligations for the terminated portion after the termination effective date, and shall cancel as many outstanding obligations as possible. The USGS shall allow full credit to the recipient for the Federal share of the non -cancelable obligations properly incurred by the recipient prior to termination. (s) Subagreements. (1) Except where the primary recipient is a State or local agency as defined in OMB Circular A-102, none of the substantive programmatic work may be subcontracted or transferred without prior approval of the USGS. This provision does not apply to purchase of supplies, material, equipment, or general support services. _ __.. -- . _ . _ . _.. ... _ . _ .......... (2) The type of instrument to be used in transferring or subcontracting any work under this agreement should be sufficient to enable the recipient to impose the requirements of this agreement on subrecipients. When such work is to be performed by contract or subgrant, the procurement standards of OMB Circular A-102 or A-110 must be followed, as applicable. (3) State and local agencies must receive prior approval of any proposed procurement that is expected to exceed $10,000 where the contract is to be awarded without competition, only one bid or offer is received in response to a solicitation, or the contract specifies a "brand name" product. Nonprofit organizations must receive prior approval of all proposed sole source contracts and all proposed contracts where only one bid is received, in which the expenditure is expected to exceed $5000. Such approval may be obtained by submission of the request for proposals, the invitation for bids or the proposed contract along with a written justification for the action to be taken. (4) The USGS reserves the tight to require prior approval of other procurcmcnts of State and local agencies in the event that the recipient fails to comply with one or more significant aspects of the procurement standards. 20 (t) Cash Depositories. Except for the situations described in subparagraphs (1), (2), and (3) of this paragraph, the USGS does not require the recipient or subrecipients to physically separate cash depositories for funds which are provided under this agreement; and the USGS does not establish any eligibility requirement for cash depositories for funds provided under this agreement. (1) A separate bank account is required when applicable letter of credit agreements provide that drawdowns are to be made when the recipients' checks are presented to the bank for payment. (2) Any moneys advanced to the recipient which are subject to the control or regulation of the United States or any of its officers, agents, or employees (public moneys as defined in treasury Circular No. 176, as amended) must be deposited in a bank with Federal Deposit Insurance Corporation (FDIC) insurance coverage, and the balance exceeding the FDIC coverage must be collaterally secured. (3) Consistent with the national goal of expanding the opportunities for minority business enterprises, the recipient and subrecipients are encouraged to use minority banks. A list of minority banks can be obtained from the Office of Minority Business Enterprise, Department of Commerce, Washington, D.C. 20230. (u) Bonding and Insurance. To the extent applicable to this agreement, the bonding and insurance requirements of OMB Circular A-102 or A-110 are imposed. (v) Retention and Custodial Requirements for Records. The following requirements apply to records of the recipient and subrecipients under this agreement: (1) Financial records, supporting documents, statistical records, and all other records pertinent to this agreement shall be retained for a period of 3 years with the following qualifications: (i) If any litigation, claim or audit is started before the expiration of the 3-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. (ii) Records for non -expendable property acquired with Federal funds shall be retained for 3 years after final disposition. (iii) When records are transferred to or maintained by the USGS the 3- year retention requirement is not applicable to the recipient or subrecipient. (2) The retention period starts from the date of the submission of the final expenditure report or, for agreements that are reviewed, as of the annual financial status report. 21 (3) Unless otherwise specifically prohibited in this agreement, recipients and subrecipients may substitute microfilm copies in lieu of original records wherever the essential quality of those records would not be impaired. (4) Should the USGS determine that certain records not otherwise required to be furnished to the USGS under this agreement possess long-term retention value, the USGS shall request transfer of such records to the USGS or shall make arrangements with the recipient or subrecipients to retain any records that are continuously needed for joint use. (5) The USGS, the Comptroller General of the United States, and any of their duly authorized representatives shall have access to any pertinent books, documents, papers, and records of the recipients to make audits, examinations, excerpts, and transcripts. (6) This agreement imposes no restrictions that would limit public access to the records of recipient organizations or subrecipients that are pertinent to this agreement except in the event that the USGS determines that such records must be kept confidential and would have been excepted from disclosure pursuant to the Freedom of Information Act (5 U.S.C. 552) if the records had belonged to the USGS. In such event the USGS shall give written notice to the recipient and appropriate subrecipients, identifying the records involved and prescribing the procedures required to safeguard the confidentiality of the records. (w),_. Financial Reporting. The recipient shall report the status of expenditures made and Federal funds expended under this agreement, shall report the status of Federal cash advances, and shall request advances and reimbursements in accordance with the financial reporting requirements contained in OMB Circular A-102 or A-110, as applicable. Within the limits of these requirements the USGS has elected to require the following procedures: (1) Financial reporting shall be on an accrual basis. (2) The standardized Financial Status Report (Standard Form 269) shall be used only to report the status of funds at the completion of this agreement. (3) If Federal funds are advanced under this agreement by letter of credit or by treasury checks on a predetermined basis, the recipient shall submit a Federal Cash Transactions Report (SF 272-A) not later than 15 working days following the end of each quarter. A forecast on a monthly basis of the Federal cash requirements for the remainder of the agreement period shall be included in the remarks section of cach rcport. (4) If Federal funds are disbursed under this agreement pursuant to a Request for Advance and Reimbursement (SF 270), the request shall be submitted at least 15 days prior to each scheduled payment date specified in this agreement. 22 (5) The Outlay Report and Request for Reimbursements for Construction Programs (SF 271) shall be used in requesting reimbursement for construction programs unless use of the SF 270 is approved by the Contracting Officer. (x) ProjUam Income and Income Earned on Advances. (1) Unless otherwise specifically provided under the terms of this agreement, all income earned during the grant period by the recipient or subrecipients from activities supported by this agreement shall be retained and deducted from the total project cost for the purpose of determining the net cost on which the Federal share of costs shall be based. Such income shall include, but not be limited to, income from service fees, sale of commodities, and usage or rental fees. Such income shall not include interest earned on advances of Federal funds or taxes, special assessments, levies or fines which are imposed without regard to benefits provided under the agreement. (2) Interest earned on advances of Federal funds shall be remitted to the USGS except for interest earned on advances to States or instrumentalities of the State as provided by the Intergovernmental Cooperation Act of 1968 (P.L 90-577) and advances made to tribal organizations pursuant to section 102, 103, or 104 of the Indian Self -Determination Act (P.L. 93-638). (3) Proceeds from the sale of real and personal property, either provided by the Federal Government or purchased in whole or in part with Federal funds, shall be handled, in accordance with the provision_entitled Property Management. (4) Unless otherwise specifically provided under the terms of this agreement, recipients and subrecipients shall have no obligation to the Federal Government with respect to royalties received as a result of copyrights or patents produced under this agreement. (5) The recipient and subrecipients shall record the receipt and expenditures of revenues (such as taxes, special assessments, levies, fines, etc.) as a part of the project transactions for this agreement when such revenues are specifically earmarked for the project. 23 �4 G Technical Proposal for Lubbock Metropolitan Area Digital Orthophoto Project: In February 2005, the City of Lubbock contracted to Pinnacle Mapping Technologies, Inc., to produce 1"=100' natural color digital orthophotography with a 0.5' ground pixel resolution, covering approximately 260 square miles of the Lubbock metropolitan area. The USGS involvement with the project will allow the project area to expand to approximately 330 square miles, in order to cover the National Geospatial Agency's "Urban Area Footprint" for Lubbock. The City of Lubbock awarded the digital orthophotography contract to Pinnacle Mapping Technologies after solicitation of proposals through the competitive high tech request for proposals process used by the city. This solicitation was conducted in accordance with Texas Local Government Code 252. The request for proposals was widely advertised on a nationwide bid notification system, rfpdepot.com. 162 vendors were notified of the request for proposals. 8 firms submitted proposals, and 4 were interviewed. The aerial photography will be collected using a Gyro -Stabilized Camera System with Forward Motion Compensation and Airborne GPS, and will be flown to the ASPRS photography acquisition standards and using a standard 60% forward overlap and 30% sidelap in an E-W manner. The 1"=100' scale digital orthophotography is being produced from film -based color aerial photography taken at 1 "=800'NCS (Negative Contract Scale). The aerial photography will be acquired in March 2005. The photography will be georeferenced using a combination of airborne and ground based GPS survey control. For the production of the digital orthophotography, the georeferenced digital aerial imagery is being rectified to digital elevation model (DEM) data acquired from several sources. The City of Lubbock's DTM will be used for the majority of the project. For those areas outside of the City's DTM coverage, NASA's SRTM data will be utilized. The orthophotography will have a horizontal RMSE accuracy of within 3.3 feet in the areas covered by the City of Lubbock's DTM, and within 6 feet in the areas covered by NASA's SRTM data. The rectified imagery will be provided to the City of Lubbock in State Plane Coordinate System, Texas North Central Zone, NAD83 (horizontal), NAVD88 (vertical). The rectified imagery will be provided to the USGS in UTM Coordinate System, NAD83 (horizontal), NAVD88 (vertical). The finalized digital orthophoto tiles will be butt - matched and delivered to USGS as uncompressed georeferenced GeoTIFF format (including world files), and as compressed mosaic images in MrSID format, including FGDC compliant metadata, on hard drive to be provided by USGS. The City of Lubbock will review and provide quality control for all aspects of the project, whether city or USGS funded, in conjunction with the Austin USGS office. The City will provide server space for storage of the images, as well as supply portable hard drives for transport of data. The final images, when accepted, will be hosted on the city's mapping website: maps. ci. Lubbock. tx.us. In addition, the City will provide metadata to be hosted on the Texas Tech FGDC metadata server along with other City of Lubbock metadata. Budget Information: The original City of Lubbock contract with Pinnacle Mapping Technologies, totals $267,711. In addition to the Lubbock digital ortho project detailed below, the contract also provides for areas in Lynn, Garza and Kent Counties owned by the City of Lubbock, including a wastewater land application site in Lynn County and Lake Alan Henry in Kent and Garza Counties. All of this imagery will also be available to the public. After the USGS contribution, the total cost of the F'=100' orthophotography portion of the total City of Lubbock project will be approximately $218,000, or $660 per square mile. The USGS amount of $25,000 will be utilized to extend the original planned flight area at 1=100', with four additional flight lines, and 176 exposures, which when added to the City's count of 20 lines and 660 exposures, brings the total flight lines to 24, and the total exposures to 836. Additionally, 10 new temporary ground points will be added to be used in conjunction with the City's ground control and the Airborne GPS solution. a f (A Q Si a � •`', �� , fv,nl t•:+M'r3A<'l i?txrr} 7:a[� --- --... - � - CD (D io 07 I j I r r� C ... 91u1 1C3 b111AeI l{stJ tl iia fV is i'me- -177_ t --- Uf)1tlY 11 f 1 o MaiY.FI 4 y it F 1 JQ} n, 7 it N j har I�fShtlAa>t PCIl f/- i VOICII —CD � i i�q � I <Ifm jig j�;trk�"i liiniti 7$•a - r� Figure A-2.1- USGS Control Map ± 84 1 184 �c V �3_ 4004 — I i2032 2035 2034 IL �� diiaa,atI.T 1383 1387 1389 1390 2033 j it 2001 2005 2006 1300 i_ 2004"'*2003 007 1228 1262 129$4V 2007 1260 t ♦ 1298 12g3 A.; 62 1218 85 l �..1002 82 32 82 F 1mZ—Aet RoaZ 400, _ 1493 2023 I S. 1154 to i i sttl 149512024 III ( ; Lu y i 2028 1 0 4 (s I 1475 1496 A2025 2029 { 08 2009 i x �' �T ' 1 — 4•• � h ^t yD26 I 1� 84 2022 2030 _ <<d 1,1499 2027� 2031 I •; :yam i 4 { 02 .1183 �stcr �'- `� �` 1501 l i - i 07 3107 _! .1109 1113 1115 84 �► 2008 i 3111 1067 1063 1079 logo 1106' 11�07 2010 2011 2012 2018 2019 2017 2020 2016 'IW21112015 f 2013 j r 62 84 L�J Base Project Area i a?�2014 _ I USGS Add -On Area _.._87 6 New Control (64) Existing Control (42) USGS Control (10) 'y> 0 2 4 8 12 16 Miles