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HomeMy WebLinkAbout17. Auth Execution of Participant Agrmt w-LARIAC-6item Ro. APPROVEDB PM"Ih TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: OFFICE OF THE CITY MANAGER BY: DELFINO CONSUNJI, PE, DIRECTOR OF PUBLIC WORKS/Cive GI EER DATE: JULY 28, 2020 SUBJECT: PARTICIPATION IN THE LOS ANGELES REGION IMAGERY ACQUISITION CONSORTIUM 6 ("LARI1C6") PROJECT That the City Council: Authorize City Manager to execute Participant Agreement by and between ft; County of Los Angeles and Participating Entities for the Los Angeles Region Imagery Acquisition Consortium — 6 ("LARIAC6") Project in the amount oi $60,368; and 2. Authorize City Manager to execute any and all amendments to the participant agreement in a form approved by the City Attorney. Aerial imagery is an integral part of making informed decisions when it comes to planning and designing of engineering and development projects, public safety response to incidents, building and code enforcement, community outreach and operational efficiencies. Aerial imagery has helped to visualize projects beforehand and provided support in making informed decisions. Aerial imagery in conjunction with Geographical Information System (GIS) supports project planning throughout City departments at several levels of needs. City departments which use aerial imagery and GIS include Community Development, Fire, Parks and Recreation, Police, and Public Works. The City has been using aerial imagery since 2000. Since then, the GIS system has become an indispensable tool for several departments throughout the City. The accuracy and quality of maps produced depends upon up-to-date, high -resolution aerial imagery. The first City-wide aerial imagery acquisition project was completed by a private consultant with a cost of approximately $160,000 for black and white imagery with one -foot resolution. LOS ANGELES REGION IMAGERY ACQUISITION CONSORTIUM 6 (LARIAC6) JULY 28, 2020 PAGE 2 In an effort to reduce cost and receive enhanced resolution aerial imagery, City statt investigated other alternatives, and consequently, joined the Los Angeles County -led collaboration known as Los Angeles Region Imagery Acquisition Consortium (LARIAC). The LARIAC is comprised of Los Angeles County, 52 cities, 27 County departments, 16 local, state and federal agencies, and seven educational institutions to minimize costs and achieve high quality, accurate imagery at substantial savings to the participants. The City of Downey has previously participated in LARIAC 2, 3, 4 and 5 projects in 2006, 2010, 2014 and 2017, respectively to keep its imagery up-to-date. The LARIAC project is updated every three to four years. a •� Keeping in -line with the City Council priorities • Fiscal Responsibility and Efficiency & Adaptability, this project provides City staff access to the latest high -resolution aerial imagery that can be used in the planning and design •. engineering and other projects. In 2019, Los Angeles County initiated LARIAC6 to ensure the currency of the aerial imagery. The cost savings achieved through LARIAC6 participation are substantial and the project deliverables include color imagery of four -inch high resolution digital data which covers the area of the City and one mile buffer around the City boundary limits. As a part of this upgrade, the City will also receive digital terrain data, elevation contours, oblique imagery and other derived datasets by April 2021. Over the last four years, significant changes have been made to properties throughout the City, including large parcels such as Downey Landing, Promenade at Downey, Citywide pavement rehabilitation and slurry seal projects, and park improvements. In order to --• up with the terrain changes and utilize this high -resolution accuracy level imagery with City projects at various planning and design levels, it is critical to use this updated .•- to maintain the accuracy and • of • GIS system. Staff recommends approval of the participant agreement with the Los Angeles County for LARIAC6 Project. Fiscal Responsibility Efficiency & Adaptability 0 LOS ANGELES REGION IMAGERY ACQUISITION CONSORTIUM 6 (LARIAC6) JULY 28, 2020 PAGE 3 L �,* -1 M The estimated cost to obtain the updated color imagery data is $60,368. There are sufficient funds available in this current fiscal year budget in the following account numbers to cover the project cost: DEPARTMENT Community Development Fire Department Parks and Recreation Police Department Public Works Engineering Public Works Sewer Public Works Water ATTACHMENTS NFRUR Me. ACCOUNT NUMBERS AMOUNT 10-4-5110.0700 $5,000 10-4-2660.0140 $5,000 55-4-6220.0700 $2,500 55-4-6280.0700 $2,500 10-4-2177.0300 $5,000 36-1-6488.0700 $10,000 56-1-6681.0700 $5,000 56-1-6714.0700 $5,0001 72-4-3155-0700 $5,092 51-4-3550.0700 $15,276 TOTAL COST $60,368 K fiwlmN04m**v t � �HOW, AND PARTICIPATING FOR THE •- ANGELES REGION - IMAGERYACQUISITION i i t t r' PROJECT Page 11 ATTACHMENT PARTICIPANT AGREEMENT BY AND BETWEEN THE COUNTY • LOS ANGELES AND PARTICIPATING ENTITIES FOR THE OS ANGELES REGION — IMAGERY ACQUISITION CONSORTIUM 6 ("LARIAC6") 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 Downey, 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 2020 Project; B. HAS, 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: M 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. 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. 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. 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. r r • r - ". r. r r- 1 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. ofMaximumContribution; A! r ofAccount 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. iL The Participating Entity may elect to pay its Maximum Contribution to County as follows: (a) fifty percent (50%) of the Maximum Contribution upon its execution of this Agreement; 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. 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. 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) 6 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 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.B 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 IN WITNESS WHEREOF, the parties have executed this Participant Agreement for the Los Angeles Region — Imagery Acquisition Consortium 6 Program on the date indicated below. By: 131anca Pacheco Mayor M Sig= Vette M. Abich Garcia, City Attorney Page 16 LARIAC 6 Participant Agreement 79ffefffiym�O Em= =� • 4-band orthogonal imagery (including color infrared) at 4-inch resolution in the urban areas, and 9-inch in the National Forest (Map 1). • Multiple formats (TIFF, JPEG2000, and compressed • 3-band orthogonal imagery acquired 1-2 times a year (3-inch resolution) for internal ust — provided as an image service. S IrITtelm t I - i� LOS ANGELES REGION IMAGERY ACQUISITION CONSORTIUM (LAR-IAC) 6 AUTHORIZED USER CONFIDENTIALITY AND NON -DISCLOSURE AGREEMENT I . 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 ("County") have entered into that certain agreement dated December 3. 2013 ("Agreement") for delivery of licensed digital mapping data and software ("Licensed Products") to the County. Under the Agreement, certain governmental entities ("Authorized Entities"), including County Departments and non -County Authorized Participants, which participate in the LAR-IAC may be granted copies of or otherwise provided access to the Licensed Products through a Participant Agreement. 2. Pursuant to Paragraph 11.2 (Authorized Users) of the Agreement, Licensed Products may only be accessed or ty U. otherwise used by an Authorized User, which includes any contractor or consultant of an Authorized Enti sing t Licensed Products either at the facilities of such Authorized Entity or for any Project (as defined below) of such Authorized Entity. I 3. The undersigned is an Authorized User of a County Department that is an Authorized Entity under the Agreement and desires to use the Licensed 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 County Department ("Project"). 4. The undersigned Authorized User understands and agrees that the Licensed Products contain trade secret and/or confidential information ("Confidential Information") of Pictometry. Therefore, by signing this Authorized User Confidentiality and Non -Disclosure Agreement ("NDA"), the Authorized User agrees to use the Licensed Products solely for the Project, which is a nonexclusive, nontransferable and non -assignable right, from the effective date of this NDA until the expiration or termination of the Project for which the undersigned Authorized User was engaged by the particular County Department. 5. To the extent any Confidential Information that is not in the public domain is revealed through the operation or other use of the Licensed Products, the Authorized User agrees that it will not make use of, disseminate or in any way disclose such Confidential Information without the County's prior written consent, which County may first need to obtain from Pictometry. 11 'ITTFAESS 'lT'AERE*F, the undersigned Authorized if ser, Fy-M37 er au ortze signature, agrees to —all terms and conditions of this NDA as of the date set forth below. Signature: Address: Organization: City/Zip: Date: Phone: Signature: Name: County Department: Title: I= Note. Authorized Entities shall keep a signed copy of this document for the duration of the Project. Page 18 INSET MAP: Catalina Island Legend Area I - 4 inch Area 2 - I foot Ortho Imagery Grid Los Angeles County Boundary No Los Angeles Region - am"-- - f - Iff-Trem, Q3 %AN MMMAKMNO ("OUNITY LARI@C LOS ANGELES COUNTY Department of Regional Plann;ng 320 W. Temple St Las Angeles, CA 90012 March 5, 2009 COUNTY I g� RZ Oblique Imagery Types Image Capture Type Community 2-Way, No Neighborhood Community 2-Way, Neighborho:d 4-Way Community 2-Way, Neighborhood .W:, Community 4-Way, No Neighborhood Community 4-Way, Neighborhood 4-Way KERN COUNTY Los Angeles Region - Imagefy Acquisition Consortium LARIn--C LOS ANGUES COUNTY vep.,tment or Regio'.1 pea-ing xio W- re.v& Lo,, Al ge*5, CA 9M2 March 19, 2013 M