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CC SR 20200616 K - LARIAC6 Participation Agreement CITY COUNCIL MEETING DATE: 06/16/2020 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to enter into a participation agreement to join the Regional Imagery Acquisition Consortium (LARIAC6). RECOMMENDED COUNCIL ACTION: (1) Authorize the City Manager to sign a participation agreement with Los Angeles County to acquire aerial imagery as part of the 2020 LARIAC6 project at a cost not-to-exceed $36,190. FISCAL IMPACT: FY 2019-20 $36,190 Amount Budgeted: $36,190 Additional Appropriation: N/A Account Number(s): 101-400-1470-5101 [General Fund - Information Technology/Professional Technical Services] ORIGINATED BY: Lukasz Buchwald, IT Manager REVIEWED BY: Karina Bañales, Deputy City Manager APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. LARIAC6 Participation Agreement (Page A-1) B. Signed LARIAC6 Letter of Intent (Page B-1) BACKGROUND AND DISCUSSION: Aerial imagery that the City uses for maps, systems and asset management is captured from flights over the Los Angeles basin performed as a part of the Los Angeles Regional Imagery Acquisition Consortium coordinated by the County of Los Angeles ISD Enterprise GIS Group. The continual update of imagery used in City decision - making and daily business processes is important because of the continual changes in the parcels, rights-of-way, vegetation, structures and geography throughout the City. In addition to being the basis of the City’s geographic information system (GIS), which hosts asset and parcel data for City business systems, it is also used extensively in 1 open space management and satisfies contractual imagery agreements with the Palos Verdes Peninsula Land Conservancy. Every three to four years, a project is undertaken by Los Angeles County to acquire new aerial imagery. In 2014 and 2017, the City Council authorized the City to join in the LARIAC4 and LARIAC5 imagery projects, and the 2020 LARIAC6 project will be the next iteration. In August 2019, a Letter of Intent (Attachment B) to join in 2020 LARIAC6 project was signed by the City Manager and presented to the City Council to receive and file. Each iteration includes additional tools or more precise imagery to assist in land management activities, which are discussed in detail in the LARIAC6 participation letter (Attachment A). LARIAC6 includes four-inch resolution imagery including color infrared, updated building outlines for all buildings over 300 square feet and multiple annual imagery acquisitions. Since the participation of LARIAC4-5, the City has found the aerial imagery to be extremely useful for creating new maps/layers in GIS and for many City projects including vegetation mapping for fuel modification. The cost of the LARIAC6 iteration will not exceed $36,190. The City's cost may be lower depending on the number of additional agencies that join by the time the imagery is ready for purchase. The Staff recommends that the City commit to participating in the newest LARIAC6 project for a total price that is not to exceed $36,190. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Do not participate in the 2020 LARIAC6 imagery acquisition project. 2. Take other action, as deemed appropriate. 2 Page | 1 PARTICIPANT AGREEMENT BY AND BETWEEN THE COUNTY OF LOS ANGELES AND PARTICIPATING ENTITIES FOR THE LOS ANGELES REGION – IMAGERY ACQUISITION CONSORTIUM 6 ("LARIAC6") PROJECT A-1 Page | 2 PARTICIPANT AGREEMENT BY AND BETWEEN THE COUNTY OF LOS ANGELES AND PARTICIPATING ENTITIES FOR THE LOS 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 Rancho Palos Verdes, 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. 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. A-2 Page | 3 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. A-3 Page | 4 The Maximum Contribution of the Participating Entity shall be $36,190. 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. Payment 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: i. 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 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: i. 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. ii. 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. 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, A-4 Page | 5 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. A-5 Page | 6 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. PARTICIPANT ENTITY COUNTY OF LOS ANGELES City of Rancho Palos Verdes INTERNAL SERVICES DEPARTMENT By: __________________________________ By: ______________________________ Date: _________________________________ Date: _____________________________ A-6 Page | 7 ATTACHMENT A DIGITAL DATA All data will be acquired in 2020 unless otherwise noted. Orthogonal Imagery  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 ECW).  3-band orthogonal imagery acquired 1-2 times a year (3-inch resolution) for internal use – provided as an image service. Oblique Imagery  3-band color oblique imagery at 4-inch resolution (Map 2).  Online hosted access for desktop and mobile devices. Building Outlines  Building outlines updated for all buildings over 300 square feet. A-7 Page | 8 ATTACHMENT B LOS ANGELES REGIONAL IMAGERY ACQUISITION CONSORTIUM (LAR-IAC) 4, LAR-IAC5, LAR-IAC6 AUTHORIZED USER CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT (NDA) 1. Pictometry International Corp., a Delaware company with offices at 25 Methodist Hill Drive, Rochester, NY 14623 (“Pictometry”), and the County of Los Angeles (“County”) have entered into that certain agreement dated December 3, 2013 as amended from time to time (“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 otherwise used by an Authorized User, which includes any contractor or consultant of an Authorized Entity using the Licensed Products either at the facilities of such Authorized Entity or for any Project (as defined below) of such Authorized Entity. 3. The undersigned is an Authorized User of 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 Authorized Entity (“Project”). 4. The undersigned Authorized User understands and agrees that the Licensed Products contain proprietary, 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 Authorized Entity. 5. Pictometry and the County acknowledge that the Agreement and certain information and documentation (collectively, "Records") may be subject to public record requests (e.g., California Public Record Act Request or Freedom of Information Act Request) or other compelled legal disclosure requests (e.g., a subpoena or warrant) (collectively, "Compelled Disclosure Requests"). Should the Authorized Entity reasonably believe that Records, in whole or in part, are subject to production via a valid, properly submitted Compelled Disclosure Request, the Authorized Entity will promptly notify County and Pictometry of such request providing five (5) days advance notice prior to producing any of the requested Records. Pictometry explicitly reserves the right to object to any such production and to pursue any and all remedies it has in both law and in equity to prevent the release of such Records. The Authorized User and the Authorized Entity, at Pictometry’s expense, shall reasonably cooperate with Pictometry in connection with the foregoing. 6. The undersigned Authorized User agrees to protect and maintain any Confidential Information the Authorized User is given access to under this NDA using at least the same protections and to the same extent the Authorized Entity uses to protect and maintain its own confidential information of a similar nature. 7. 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. A-8 Page | 9 IN WITNESS WHEREOF, the undersigned Authorized User, by his/her authorized signature, agrees to all terms and conditions of this NDA as of the date set forth below. AUTHORIZED USER: Signature: Address: Name: Organization: City/Zip: Date: Phone: AUTHORIZED BY: Signature: Name: Title: Date: Authorized Entity: County’s Project Director: Note: Submit completed form and a copy of the contract between the Authorized Entity and the Authorized User that details the “Project” to Dr. Steven Steinberg, LARIAC Project Director, at SSteinberg@isd.lacounty.gov and Cc’ Christine Lam, LARIAC Project Manager, at CLam2@isd.lacounty.gov for review and approval. A-9 Page | 10 Map 1: Areas for Orthogonal Imagery Products A-10 Page | 11 Map 2: Areas for Oblique Imagery Products A-11 ATTACHMENT C County of Los Angeles INTERNAL SERVICES DEPARTMENT 9150 Imperial Hwy. Downey, California 90242 SELWYN HOLLINS Interim Director “To enrich lives through effective and caring service” Telephone: (323) 267-2103 FAX: (323) 264-7135 January 21, 2020 Douglas Willmore City Manager City of Rancho Palos Verdes Dear Douglas Willmore, LOS ANGELES REGION IMAGERY ACQUISITION CONSORTIUM (LARIAC6) 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 has become a national model for collaborative data acquisition. LARIAC participants have included 52 cities, 27 County departments, 16 local, state, and federal agencies, and seven educational institutions. To ensure the currency of the aerial imagery, we are working with consortia members to plan and initiate the next LARIAC cycle – LARIAC6. This document describes LARIAC, highlights its benefits, provides a status update, and discusses the proposed scope, schedule, and cost. Your portion of the cost of LARIAC6 will be $36,190, which is the same cost as LARIAC5. To conserve paper, we will also E-mail a digital copy of this letter and Participant Agreement to current LARIAC participants. LARIAC BACKGROUND LARIAC is a consortium of the County of Los Angeles, in partnership with cities and agencies, which collaboratively acquires valuable digital aerial data, including imagery and elevation data. Leveraging the combined buying power of the member agencies, LARIAC reduces costs, enabled participants to acquire more data than would be possible individually and provides consistent and comparable data over time. A-12 LARIAC6 January 21, 2020 Page 2 The LARIAC Website (http://egis3.lacounty.gov/dataportal/lariac/) provides comprehensive information about the project, including detailed data descriptions and samples, product guides, documentation, and agreements. DIGITAL AERIAL IMAGERY AND ELEVATION BENEFITS Digital aerial imagery and elevation data provide valuable support for decision making within agencies, as well as cost savings for operations. High quality image data enables staff to make virtual site visits that improves and may replace field work, reducing information collection costs. Some examples include:  Public Safety: Fire and Police personnel can plan for and “see” the location of incidents and addresses, improving dispatch, crime analysis, incident response, and officer safety.  Public Works: Reduces the need for field visits, supports traffic and pavement management, storm drain and flood protection, and enhances project planning and infrastructure management.  Planning: Improves code enforcement, site plan review, and understanding impacts of new projects.  Economic Development: Improves outreach to businesses by providing detailed site information for potential developments and surrounding areas.  Disaster Planning and Response: Improves planning and response before, during, and after disasters, providing a foundation for a Common Operating Picture.  Community Outreach: Improves communication with residents by providing a picture of the area of discussion, increasing citizen engagement.  Operational Efficiency: A consistent view of a city or agency supports collaboration, integration, and efficiency to lower operational costs. LARIAC BENEFITS High resolution data provided through LARIAC data offers key benefits when compared to aerial imagery from online providers (“free mapping websites” like Google or Bing), and off-the- shelf vendors. These include:  Enhanced resolution (4-inch rather than 1-foot) shows greater detail and provides more information (you can see manhole covers and road striping);  Unparalleled accuracy (+/- 2-feet accuracy) ensures information captured from the imagery is in the right location, supporting facilities management, planning, and operations;  Breadth of products (orthogonal and oblique imagery, building footprints, and elevation data) to support of city or agency’s business needs;  Multiple access methods, including desktop, handheld, and mobile, as well as local and remotely hosted solutions to eliminate agency hardware and software costs; A-13 LARIAC6 January 21, 2020 Page 3  Variety of formats and compressed formats to enable use within existing applications in the field;  Historical data from previous LARIAC image acquisitions to assess change over time; and  Complete control of LARIAC data products, including availability for use by your contractors. LARIAC participation allows for data use and deployment across your entire agency in all applications, from planning to emergency services to public works. One of the key benefits of LARIAC is cost sharing, which lowers costs as more cities and agencies participate. Cost savings are passed back to participants in the form of additional data products, more frequent image capture and maintaining the price point over time. The more participants join, the lower the cost. To date, 102 cities, County departments, agencies, and educational institutions have benefited from these cost savings. LARIAC6 LARIAC is in its sixth round (LARIAC6) of digital aerial data acquisition, scheduled for winter 2020 with delivery by December 2020. LARIAC6 will update its highly accurate orthogonal and oblique imagery with color infrared, as well as derived data including building outlines. Elevation data, which was acquired in 2016 as part of LARIAC4, will not be updated. Additionally, high resolution (3-inch) normal color imagery acquisitions each spring and fall began in late LARIAC5 (2019) and are planned to continue in LARIAC6. LARIAC6 Product List Orthogonal Imagery  4-band orthogonal imagery (including color infrared) at 4-inch resolution in the urban areas, and 9-inch in the National Forest.  Multiple formats (TIFF, JPEG2000, and compressed ECW).  3-band orthogonal imagery acquired 1-2 times a year (3-inch resolution) for internal use – provided as an image service. Oblique Imagery  3-band color oblique imagery at 4-inch resolution.  Online hosted access for desktop and mobile devices. Building Outlines  Building outlines updated for all buildings over 300 square feet. A-14 LARIAC6 January 21, 2020 Page 4 Additional Data Product(s) as Feasible Hosted Solution  EagleView CONNECTExplorer and CONNECT Products (e.g. EagleView for Esri Web AppBuilder, Integrated Pictometry Application).  Image service provided as WMS, WMTS, TMS, and Esri REST GIS Viewer Access  Enhanced access to the LARIAC data, current parcel information, other County GIS data, and mapping and GIS tools through the County’s GIS Viewer. The table below shows the various LARIAC data acquisitions. Data 2006 (L1) 2008 (L2) 2011 (L3) 2014 (L4) 2017 (L5) 2020 (L6) Orthogonal Imagery (4-inch) X (including Infrared) X X X (including 2012 and 2103 1-foot imagery) X (including Infrared imagery and multiple acquisitions per year) X (including Infrared imagery in 2020 and multiple acquisitions per year through 2022) Oblique Imagery X X X X X X Building Outlines X (400 sq ft) X (400 sq ft) X (300 sq ft) X (300 sq ft) Elevation Data X X A-15 LARIAC6 January 21, 2020 Page 5 Derived Data (tree canopy, solar insolation, slop, hillshade, height model, land cover, etc.) X X X LARIAC6 COSTS While final costs will be determined upon contract execution, we anticipate that overall LARIAC6 contract costs will be approximately the same as LARIAC5, based upon the addition of multiple acquisitions per year offsetting the elimination of terrain data acquisition. Your portion of the cost of LARIAC6 will be $36,190. To provide funding flexibility, the County can accept payments over two fiscal years to reduce the budget impact of a single, large payment. LARIAC6 PARTICIPATION We look forward to your city’s participation in LARIAC6. If your agency is interested in joining LARIAC6, please complete, sign, and return the attached “Letter of Intent” on your business letterhead. We recognize this Letter of Intent is subject to final approval by your City Council or authorizing Board of Directors. To confirm your city/agency’s commitment to participating in funding LARIAC6, complete and return the attached “Participant Agreement,” authorizing the County to invoice your city/agency for the initial payment. Please return either the signed “Letter of Intent” or “Participant Agreement” to: Attention: Steven Steinberg County of Los Angeles Internal Services Department Mailstop #3 9150 Imperial Highway Downey, CA 90242 If you have any questions, please contact one of us below: LARIAC Project Director LARIAC Project Manager LARIAC Outreach Coordinator Steven Steinberg Christine Lam Nick Franchino (562) 392-7126 (562) 940-3844 (213) 893-0881 SSteinberg@isd.lacounty.gov CLam2@isd.lacounty.gov NFranchino@planning.lacounty.gov A-16 LARIAC6 January 21, 2020 Page 6 Sincerely, Steven J. Steinberg, Ph.D., GISP Geographic Information Officer (GIO) County of Los Angeles A-17 JERRY V. DUHOVI C, MAYOR JOHN CRU IK SHANK, MAYOR PRO TEM ERIC ALEGR IA, COUNC ILM AN S USAN BROOKS, COUNCILWOMAN KEN DYDA, COUNCILMAN 8/26/2019 Steven Steinberg CITY OF County of Los Angeles Internal Services Department Mailstop #3 9150 Imperial Highway Downey, CA 90242 Dear Dr. Steinberg : RANCHO PALOS VERDES It is our intent to participate in the 2020 Los Angeles Region Imagery Acquisition Consortium (LARIAC6). LARIAC6 will acquire 4-inch color orthogonal in urban areas (9-inch in National Forests), 4-inch oblique aerial photography , building representations (outlines), and updated imagery 1-2 times per year. We understand the cost will be $36,190 . 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 Lukasz Buchwald, IT Manager at 310-544-5311 and lbuchwald@rpvca.gov Sincerely, ~~ Signature City Manager, Rancho Palos Verdes Doug Willmore 8/26/2019 30940 HAWTHORNE BOULEVARD I RANCHO PALOS VERDE S, CA 90275-5391 I (310) 544-5207 I FAX (310) 544-5291 I wwvv.RPVCAGOV 0 PRINTED ON RECYCLED PAPER B-1