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HomeMy WebLinkAbout2023-08-22 - AGENDA REPORTS - LA REGION CONSORTIUM AGMTO Agenda Item: 5 1. CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: TAA,/� DATE: August 22, 2023 SUBJECT: LOS ANGELES REGION IMAGERY ACQUISITION CONSORTIUM PARTICIPATION AGREEMENT DEPARTMENT: Administrative Services PRESENTER: Andrew Allevato RECOMMENDED ACTION City Council: Direct staff to execute a Participant Agreement with Los Angeles County and approve contract for an amount not to exceed $89,564 for the purchase of high -quality aerial imagery and elevation datasets. 2. Authorize the City Manager or designee to execute all contracts and associated documents subject to City Attorney approval. BACKGROUND Established in 2005, the Los Angeles Region Imagery Acquisition Consortium (LARIAC) has delivered highly accurate digital aerial imagery and elevation datasets to participants at substantial cost savings and become a national model for collaborative data acquisition. Participants in the LARIAC include the County of Los Angeles (County), more than 52 cities (such as Glendale, Pasadena, Los Angeles, Santa Monica, and Torrance), and public -sector organizations (including Caltrans). The City of Santa Clarita (City) has been a participant in the Consortium since its inception in 2005 and most recently participated in LARIAC6 in 2020. If the City were to independently contract for data comparable to what is provided through the County's program, the cost to the City would be over $325,000. The program is in its seventh round (LARIAC7) and provides the City with high -quality and accurate aerial imagery and elevation data products, which are used daily by City staff in providing services to our residents. The aerial imagery is also made available for public use via the City's website. Staff is recommending the City continue to participate in the LARIAC Program to obtain updated aerial imagery of the Santa Clarita Valley. Page 1 Packet Pg. 180 O As in 2020, the project will capture digital aerial imagery data and related photogrammetric services for the 4, 1 00-square-mile Los Angeles County area. This is inclusive of the entire Santa Clarita Valley, and the recently annexed Tesoro Del Valle community. LARIAC members will be provided with highly accurate digital aerial imagery and other data for use with Geographic Information Systems (GIS), web -mapping systems, computer -aided design (CAD), and engineering design applications. Delivery includes near -infrared imagery, oblique imagery, elevation data, topography line data, and cloud -based access to updated high resolution orthogonal photography for the years between LARIAC7 and LARIAC8. The imagery from LARIAC7 is expected to be delivered by the end of 2023. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT Upon approval of the recommended action, adequate funds are available in Information Resources expenditure account 7202203-516101 as part of the approved Fiscal Year 2023-24 budget. ATTACHMENTS LARIAC7 Letter of Intent Signed LARIAC7 Participant Agreement Page 2 Packet Pg. 181 - 5.a City of SANTA GLARITA 23920 Valencia Boulevard • Santa Clarita, California 91355-2196 Phone: (661) 259-2489 • FAX: (661) 259-8125 www.santa-ClaTita.com March 9, 2022 Steven Steinberg County of Los Angeles Internal Services Department Mailstop 43 9150 Imperial Highway Downey, CA 90242 Dear Dr. Steinberg: Subject: Letter of Intent to Participate in the 2023 Los Angeles Region Imagery Acquisition Consortium It is our intent to participate in the 2023 Los Angeles Region Imagery Acquisition Consortium (LARIAC7). LARIAC7 will acquire 4-inch color orthogonal in urban areas (9-inch in National Forests), 4-inch oblique aerial photography, building representations (outlines), digital terrain data, and additional high -resolution image acquisitions throughout the three-year cycle. We understand the cost will be $86,156. Recognizing that our final commitment is contingent upon approval by our organization. It is understood this approval must be obtained prior to confirming our participation in this project. If you have questions, please contact Andrew Allevato at aallevato(asanta-clarita.com or (661) 255-4382. Sincere y, Kenneth W. Striplin City Manager KWS:AA.jb SV\FIN\Executive Secretary\Memos\2023 LARIAC7 cc: Carmen Magana, Director of Administrative Services Benny Ives, Technology Services Manager Andrew Allevato, GIS Information Technology Analyst Packet Pg. 182 5.b ATTACHMENT VI PARTICIPANT AGREEMENT BY AND BETWEEN THE COUNTY OF LOS ANGELES AND PARTICIPATING ENTITIES FOR THE LOS ANGELES REGION - IMAGERY ACQUISITION CONSORTIUM 7 ("LARIAC7") PROJECT Page 11 Packet Pg. 183 5.b PARTICIPANT AGREEMENT BY AND BETWEEN THE COUNTY OF LOS ANGELES AND PARTICIPATING ENTITIES FOR THE LOS ANGELES REGION — IMAGERY ACQUISITION CONSORTIUM 7 ("LARIACT1 PROJECT This Participant Agreement (Agreement) is made and entered into by and between the County of Los Angeles (County), a political subdivision of the State of California, and City of Santa Clarita, a California city, special district, agency, or educational institution. Each individual city, district, educational institution, or agency is referred to herein individually as a "Participating Entity" and collectively as the "Participating Entities". The County and the Participating Entities are hereinafter referred to collectively as the "Parties" and each individually as a "Party". A. WHEREAS, County has planned to acquire new digital orthogonal and oblique aerial imagery in the winter of 2023 Project; B. WHEREAS, County has become aware that various Participating Entities have similar projects currently underway or plans to undertake similar projects in the near future; C. WHEREAS, in order to avoid the duplication of efforts and costs by the Parties, the Parties desire to pool their resources to collectively undertake the Project; and D. WHEREAS, the Parties intend to participate in the Project upon the terms and conditions set forth herein below. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the Parties agree as follows: 1. Purpose The purpose of this Agreement is to provide a vehicle for the collective participation in the Project by the Parties. The Project shall focus on the acquisition of certain aerial imagery digital data which may include, but are not limited to, products listed in Attachment A ("Digital Data"). It is the intent of the Parties that Digital Data shall be acquired under this Agreement for areas within the County of Los Angeles covered by the jurisdictions of the Parties. Page 12 Packet Pg. 184 5.b 2. Responsibilities of the County A. Identify and provide specifications for Digital Data (or their derivatives) to the contractors hired to complete the Project. B. Develop all necessary procurement documents for necessary services to be provided by one or more qualified contractors in connection with the acquisition and administration of the Digital Data. C. Select the most qualified contractor or contractors to provide the necessary services in connection with the acquisition and administration of the Digital Data and thereafter, manage the entire acquisition and administration of the Project. D. With the assistance of one or more selected contractors, provide Quality Control (QC) for all Digital Data delivered under this Agreement. E. Arrange for the delivery of the Digital Data (or portions thereof) to the Participating Entity upon Project completion. F. Provide monthly reports to the Participating Entities on the status of the Project. 3. The Participating Entity Has the Right to A. Participate in identifying and providing technical specifications for the Digital Data (or their derivatives). B. Provide currently available geodetic points (with necessary standards and accuracy) for County's QC process. D. Acquire additional digital aerial products from the contractors through this Agreement, provided that a Statement of Work is provided. County assumes no liability for the completion of these products. 4. Mutual Responsibilities: Maximum Contribution The Parties shall be mutually responsible for the following: A. Financing the acquisition and administration of the Digital Data including, but not limited to, costs related to QC and the subsequent distribution thereof. The total cost of such acquisition and administration (Total Cost) shall be allocated among the Parties and the Participating Entities. The portion of the Total Cost allocated to a Party hereunder shall be hereinafter referred to as the Party's "Maximum Contribution." Each Participating Entity will transfer its Maximum Contribution to a LARIAC account which has been established by the County for this Project (LARIAC Account) and as further described in Paragraph 5 of this Agreement. Under no circumstances shall the Participating Entity be Page 13 Packet Pg. 185 5.b responsible for any payment that exceeds its Maximum Contribution under this Agreement. The Maximum Contribution of the Participating Entity shall be $89,564. B. In the event the Project is terminated for any reason before the execution of any contract with a contractor for the provision of goods and/or services in connection with the Project, each Participating Entity shall be refunded its Maximum Contribution (or such portion of the Maximum Contribution as shall have been paid to the County by such Participating Entity) in its entirety. 5. Pavment of Maximum Contribution. Administration of LARIAC Account A. A Participating Entity shall have the following options in paying its Maximum Contribution to the County hereunder: The Participating Entity may elect to pay its Maximum Contribution to County in its entirety upon execution of this Agreement. The Participating Entity may elect to pay its Maximum Contribution to County as follows: (a) fifty percent (50%) of the Maximum Contribution at the start of FY 2023-2024 (July 2023); and (b) fifty percent (50%) upon delivery of the Digital Data to the Participating Entity. B. The LARIAC Account established by the County in connection with the Project, shall be subject to the following: All funds held in the LARIAC Account shall be used solely for the payment of contractors selected by County to provide goods and services in connection with the Project. Any funds held in the LARIAC Account not expended upon the completion of the Project or the termination of this Agreement shall be held, administered, and returned to Parties based on their prorated contribution to the total costs of the Project. 6. General Terms and Conditions A. Pending the City's approval of budget appropriation for LARIAC7 in FY 2023-2024, this Agreement shall take effect upon execution and shall remain in effect through final delivery of all Digital Data and through the duration of the license -use term. B. The term of this Agreement may be extended by an Amendment to this Agreement. Page 14 Packet Pg. 186 5.b C. It is the intention of the Parties that the Participating Entity shall receive, with the delivery of the Digital Data, an unlimited irrevocable perpetual, royalty - free license. The license may be used to, modify, edit, reuse, reproduce, translate, create derivatives, compile, other works based upon the Digital Data, and combine the data with other contents selected by the Participating Entity in its own operation, with an unlimited number of seats; including, but not limited to Internet and intranet applications, copying, and printing. D. The Participating Entity shall have the right to transfer, sublicense, and distribute any form of media either now known or hereinafter desired the Digital Data to its subcontractors or consultants on projects which are outsourced from its own operations. In this connection, the Participating Entity shall require each subcontractor or consultant to whom the Digital Data is transferred to execute a written acknowledgement and agreement to abide by such Participating Entity's license to use the Digital Data. Such acknowledgement and agreement is provided in Attachment B (Los Angeles Regional Imagery Acquisition Consortium (LAR-IAC) 7 Authorized User Confidentiality and Non -Disclosure Agreement). E. Notwithstanding any provision of this Agreement to the contrary, a Participating Entity shall not have the right to sell, resell, or otherwise transfer its license to use the Digital Data to any other person or entity. F. This Agreement may be amended or modified only with the prior written consent of the Participating Entity. G. Nothing in this Agreement shall be construed to give any person or entity, other than the Parties hereto, any legal or equitable right, remedy, or claim under or in respect to this Agreement or any provision herein contained. This Agreement and the provisions hereof are intended to be and are for the sole and exclusive benefit of the Parties. H. No Party may terminate its participation under this Agreement after the execution of contract(s) for the acquisition of the Digital Data without the prior written consent of County. I. Any other California city, special district, agency, or educational institution may become a Participating Entity under this Agreement if: (i) Such entity executes this Agreement, and (ii) Such entity makes its Maximum Contribution to County as provided for under this Agreement. Any such contribution shall be deposited into the LARIAC Account and administered in accordance with sub- paragraph 5.13 of this Agreement. J. This Agreement may be executed in counterparts and the signed counterparts shall constitute a single instrument. The signatories to this Agreement represent that they have the authority to bind their respective party to this Agreement. Page 15 Packet Pg. 187 5.b IN WITNESS WHEREOF, the parties have executed this Participant Agreement for the Los Angeles Region — Imagery Acquisition Consortium 7 Program on the date indicated below. PARTICIPANT ENTITY City of Santa Clarita By: Date: COUNTY OF LOS ANGELES INTERNAL SERVICES DEPARTMENT By: Date: Page 16 Packet Pg. 188