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HomeMy WebLinkAbout2008-05-13 - AGENDA REPORTS - LA REGION IMAGERY ACQUISITION (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: Agenda Item• CITY OF SANTA CLARITA AGENDA RF.PnRT City Manager Approval: Item to be presented by: May 13, 2008 AWARD CONTRACT TO PARTICIPATE IN THE LOS ANGELES REGION — IMAGERY ACQUISITION PROGRAM Administrative Services RECOMMENDED ACTION City Council appropriate $55,235 from the Technology Services Replacement Fund (Fund 720) to the Technology Services Replacement Account (Account 12203.5161.001), direct staff to execute a Participant Agreement with Los Angeles County, and award contract to Los Angeles County in the amount of $55,235 for the purchase of high-quality aerial imagery and elevation datasets subject to the City Attorney's approval. BACKGROUND In February 2006, the City Council authorized staff to enter into an agreement with Los Angeles County to participate in the Los Angeles Region — Imagery Acquisition Program (LAR -IAP). This program, organized by the County of Los Angeles Chief Information Office, provided the City with high-quality and accurate aerial imagery and elevation data products, and was formed with the purpose of making these aerial images available at a cost that would be far less if acquired through independent acquisition. Staff is recommending the City continue to participate in the LAR -IAP Program to obtain updated aerial imagery of the Santa Clarita Valley. Participants in the Consortium include the County of Los Angeles, more than 25 additional cities (such as Glendale, Pasadena, Los Angeles, and Torrance), and public -sector organizations (including Caltrans). As in 2006, the project will capture digital aerial imagery data and related photogrammetric services for the 4,100 -square -mile Los Angeles County area. Consortium members will be provided with highly accurate digital aerial imagery and other data with GIS, web -mapping systems, computer-aided design (CAD), and engineering design applications. Delivery includes is= near -infrared imagery, oblique imagery, elevation data, and topography line data. Staff expects to receive this data prior to the end of December 2008. In order to participate in this Consortium and realize the significant cost savings, it is necessary for the City Council to appropriate monies from the City's Technology Replacement Fund. 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 almost 80% more. ALTERNATIVE ACTIONS 1. Do not approve the award of this contract. 2. Other alternatives as identified by Council. FISCAL IMPACT Sufficient funds for this expenditure, in the amount of $55,235, are available in the Technology Replacement Fund (720). Funds from 720 will be immediately allocated to Account 12203.5161.001 with payments to the County to be made in two installments. The first payment will be made in June of 2008, with the final payment due upon delivery of the imagery data. ATTACHMENTS Participant Agreement by and Between the County of Los Angeles and Participating Entities PARTICIPANT AGREEMENT BY AND BETWEEN THE COUNTY OF LOS ANGELES AND PARTICIPATING ENTITIES FOR THE LOS ANGELES REGION — IMAGERY ACQUISITION CONSORTIUM (LAR -IAC 2) PROGRAM This Participant Agreement ("Agreement") is made and entered into by and between the County of Los Angeles, a political subdivision of the State of California ("County"), and City of Santa Clarita, a California city, special district, or agency. Each individual city, district, 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 2007/2008 (the "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 (the "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. \ 2. Responsibilities of 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. 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 (the "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 special trust account, which has been established by the County for this Project (the "Trust Account") and as further described in Paragraph 5 of this Agreement. 2 The Maximum Contribution of the Participating Entity shall be $55,235. B. In the event that 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. Payment of Maximum Contribution; Administration of Trust Account A. A Participating Entity shall have the following options in paying its Maximum Contribution to County hereunder: The Participating Entity may elect to pay its Maximum Contribution to County in its entirety upon execution of this Agreement ii. The Participating Entity may elect to pay its Maximum Contribution to County as follows: (a) fifty percent (50%) of the Maximum Contribution upon signature of this Agreement; and (b) fifty percent (50%) upon delivery. B. The Trust Account established by County in connection with the Project shall be subject to the following: All funds held in the Trust Account shall be used solely for the payment of contractors selected by County to provide goods and services in connection with the Project. ii. Any funds held in the Trust 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. 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. 3 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 to use, modify, edit, reuse, reproduce, translate, create derivatives or compilations and/or of other works based upon the Digital Data and to combine the digital data with the other contents selected by the Participating Entity in its own operations, 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 in any form of media either now known or hereinafter desired the Digital Data to any of 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 ("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 by County only after collaboration and consultation with the Participating Entities. 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 excusive 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 or agency 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 Trust Account and administered in accordance with sub -paragraph 5.13 of this Agreement. 4 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. IN WITNESS WHEREOF, the parties have executed this Participant Agreement for the Los Angeles Region — Imagery Acquisition Consortium (LAR -IAC 2) Program on the date indicated below. PARTICIPANT ENTITY City of Santa Clarita <CONTACT> <TITLE> By: <CONTACT> <TITLE> Date: 5 COUNTY OF LOS ANGELES CHIEF INFORMATION OFFICE By: Jon W. Fullinwider Chief Information Officer Date: ATTACHMENT A DIGITAL DATA Digital Aerial Orthogonal Imagery • 4 inch pixel resolution for Areas 1 and 3 (see Map 1 below) • 1 foot pixel resolution for Area 2 (see Map 1 below) Digital Aerial Oblique Imagery • 4 inch pixel resolution (neighborhood and community shots) for Area 1 (see Map 2 below) • 12 inch pixel resolution (community shots only) for Area 2 (see Map 2 below) Digital Terrain Model • Updated digital elevation model for areas of significant change Map 1: Areas 1, 2 and 3 for Orthogonal Imagery Products Adobe Acrobat Professional - OO■IVJI F(le Fcht Vlew Document comments Took advanced Jndow help _ 151X - - Create PDF - Comment 8 Markup - Send for Review a DO, Select Will - 1__I 674�e Q - = Yf� Help Lij �yd�. • is.,xr�;` �,:�; � �... _r.v, ''-_j' "r`";%wjr•'�; '� ,r� Ty •i"'..; '"• „l, .,� •''.� �.Y;� i'',••- ^`�I.}� .r •;e ui. <'F": a,�'��'.p =k%;;., ti��,t..�. hti, ::rt-, •,4�_ :RY•f'-• '- *^ - Y ,��ryy�� �,? ^:� n g 'i�S, �� a<a ,��,,vv;4r ii; .: f* ',51.3;. ,,i,t r.. a. e..,;m-,. , ��,a �.,�`,,.,�;;�. t';•.. � r� � ?: . 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'fi. ``f•{ -iJ'[�: .1�'.r�z�. :J�:d"..wir`��'';y"��y,,..:�1f•�.�,s4:..v._ _: �F ;,ni•`''�`•:i __ _ ' tJ 1, e.k�<S'!`i i"' <.}`.d, ri �'1`i _ �- �'y: y ra's �`.7" �: _ • •l.' :T'i: , .4� ,.- _ ^ ,Y � 'y�l JFK .if .�'.; t4;�� ,.�..1'ty' .,Y, _ �=.� .y,�.�•2 >„iT',� -_ ';j� - - - - • 'ri.'4..•• i'IS`� °.�vFt7'�<ti.'. 1 yl�iS�A�"n�t+-:.� �t•�..t•'Y1,.(:''Ahl..�:.d'� ✓�x i`,f.'f•„n '�f^'.•. _ � 114 i I(�--LII p :fill � r Map 2: Areas 1, 2 and 3 for Oblique Imagery Products caR-rac: a Picte ne" Grid (Proposed) ■ lJr��1iF�F ,a3`:�t ■ �aewcomt.rnweoutmiw Hdomnlry Prop�W WIO WN C3 C3.N5 ®SNC C6 NS IIF� � vu• c++e;3,�ry:; �?fi sgs�z;x::r,-=i5��s,."3.�j`;=:<��.;; !lb011DCgINTYGWNLIM eln[ .;`'�. ��t:�l`�:- S, MylO�t115": �,xi LAIMOq . ��.i�� i�"'M�•'1p•': fS YR?iy: Sx' �� ixy. s " gaanp o �b s w n a awra too.amr � N r h ri w,rJy.._rean.tonaovm,,,. a S � �! 1)rirl976.� ri _ .Mon ni nv vu. loo�lax .� m ATTACHMENT B LAR -IAC 2 AUTHORIZED USER CONFIDENTIALITY AND NON -DISCLOSURE AGREEMENT LOS ANGELES REGIONAL IMAGERY ACQUISITION CONSORTIUM (LAR -IAC) 2 AUTHORIZED USER CONFIDENTIALITY AND NON -DISCLOSURE AGREEMENT A. Pictometry International Corp., a Delaware company with offices at 100 Town Centre Drive, Suite A, Rochester, NY 14623 ("Pictometry"), and the County of Los Angeles have entered into a certain agreement dated , 2008 ("Agreement") for delivery of licensed digital mapping data and software ("Products") to the County. Under the agreement, certain governmental entities ("Authorized Entities") which participate in the LAR -IAC are granted copies of the Products through a Participant Agreement with the County. B. Section 11.2 of the Agreement states: "As used in this Agreement, the term "Authorized Users" shall mean (i) the employees of Authorized Entities, (ii) employees of Authorized Entities, including County Departments and Authorized Participants, doing business with or on behalf of the Authorized Entities for those particular Authorized Entity projects; (iii) contractors and consultants using the Licensed Products at the facilities of the Authorized Entities, and (iv) any contractors and consultants of the Authorized Entities designated by Contractor to use the Licensed Products outside the facilities of Authorized Entities for those particular Authorized Entity projects." C. The undersigned is an Authorized User of the County or Authorized Entity and desires to use the Products solely for internal, noncommercial use and for purposes no greater than reasonably needed to achieve the objectives of an actual project undertaken in connection with the relationship with the Authorized Entity or the County (the "Purpose"). 1. GRANT OF RIGHTS The undersigned understands and agrees that the Products contain trade secret and confidential information ("Confidential Information") of Pictometry. Under this Authorized User Confidentiality and Non - Disclosure Agreement, it may use the Products solely for the Purpose, which right is nonexclusive, nontransferable, and non -assignable, from the Effective Date hereof until expiration or termination. To the extent any Confidential Information is revealed through the use or operation of the Products, the Authorized User agrees that it will not make use of, disseminate, or in any way disclose Confidential Information without Pictometry's prior written consent. , r IN WITNESS WHEREOF, the Undersigned have caused their duly authorized representatives to execute and deliver this Agreement as of the date first set below. Authorized Entity Name: Organization: Address: City/Zip: Phone: Signature: Date: Authorized User Name: Organization: _ Address: City/Zip: Phone: Signature: Date: Note: Authorized Entities shall keep a signed copy of this document for the duration of the contract.