Item 8 - CONSIDERATION OF A PARTICIPANT AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR THE LOS ANGELES REGION - IMAGERY ACQUISITION CONSORTIUM 7 PROJECTAGENDA ITEM NO.8
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: July 19, 2022
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF A PARTICIPANT AGREEMENT WITH THE COUNTY OF LOS
ANGELES FOR THE LOS ANGELES REGION — IMAGERY ACQUISITION
CONSORTIUM 7 PROJECT.
RECOMMENDATION:
It is recommended that City Council authorize the City Manager to negotiate and execute an agreement
with the County of Los Angeles to participate in the Los Angeles Region - Imagery Acquisition
Consortium 7 ("LARIAC7") project, in substantially the form as attached and in such final form as
approved by the City Attorney.
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, enables participants to acquire
more data than would be possible individually and provides consistent and comparable data over time.
The City of West Covina has historically had citywide aerial maps done every five years. The last aerial
maps were obtained in 2017 and have been very useful in various computer applications.
Various City departments, developers, and other agencies have been using this resource as a valuable
productivity tool. The IT and Engineering Divisions have been using digital orthogonal and oblique
imagery as base mapping for the design of improvement projects, private development projects, and
various Geographical Information System (GIS) applications. Products derived from these aerial maps
include building outlines, orthogonal / oblique imagery, digital terrain, road stripping, vegetation utilities,
curb -lines, gutter -lines, pole locations, and manhole covers, which are needed to enhance project
planning and infrastructure management. Additional data products including hosted solutions and GIS
viewer access are included.
DISCUSSION:
The City was invited by the County to join the LARIAC7, made up of 52 cities, 27 county departments, 16
local, state, and federal agencies, and 7 educational institutions to acquire accurate digital aerial imagery
and elevation datasets. The consortium would leverage the combined buying power of the member
agencies at a reduced cost and enable participants to acquire more data than would be possible
individually and provides consistent and comparable data over time.
The initial data capture is scheduled to begin in early 2023, by flying over the City area to take aerial
photos and provide delivery by December 2023.
LARIAC7 benefits include the following:
. Enhanced resolution (4-inch rather than 1-foot) shows greater detail and provides more information.
. 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 such as orthogonal and oblique imagery, building footprints, and elevation data
to support the city or agency's business needs.
. Multiple access methods, including desktop, handheld, and mobile, as well as local and remotely
hosted solutions.
*Variety of formats and compressed formats to enable use within existing applications in the field.
. Access to historical data from previous LARIAC image acquisitions to assess change over time.
. Complete control of LARIAC data products, including availability for use by your contractors.
LARIAC7 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 provides members with a suite of high
quality deliverables at a lower cost per member 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. To date, 102 cities, County departments, agencies, and
educational institutions have benefited from these cost savings.
LEGAL REVIEW:
The City Attorney's Office will approve the final form of the agreement prior to execution.
OPTIONS:
The City Council has the following options:
1. Approve staffs recommendation; or
2. Provide alternative direction.
Prepared by: William Trujillo, IT Manager
Fiscal Impact
FISCAL IMPACT:
The total cost of participation in LARIAC7 is $57,684. Per Section 5.A of the attached agreement
(Attachment No. 1), the City will select Option II which is to pay 50% upon execution of the agreement
and 50% upon delivery of the digital aerial mapping data. The first half ($28,842) is included in the
FY2022-23 Budget:
Project
Account No.
FY2022-23
Budget
Estimated Fiscal Impact
FYE 2023
FYE 2024
FYE
2025
23018, Digital
Aerial Data
Acquisition
162.80.7003.7900
$28,842
$28,842
$28,842
$0
Attachments
Attachment No. 1 - Agreement
CITY COUNCIL GOALS & OBJECTIVES: Enhance City Image and Effectiveness
A Well -Planned Community
ATTACHMENT NO. 1
PARTICIPANT AGREEMENT BY AND BETWEEN THE
COUNTY OF LOS ANGELES
AND PARTICIPATING ENTITIES FOR THE
LOS ANGELES REGION — IMAGERY ACQUISITION CONSORTIUM 7
("LARIAC7") PROJECT
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PARTICIPANT AGREEMENT BY AND BETWEEN THE COUNTY OF LOS ANGELES
AND PARTICIPATING ENTITIES FOR THE
LOS ANGELES REGION - IMAGERY ACQUISITION CONSORTIUM 7 ("LARIACT-) 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
West Covina, 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.
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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.
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The Maximum Contribution of the Participating Entity shall be
$57,683.
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,
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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 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.
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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 West Covina
0
Date:
COUNTY OF LOS ANGELES
INTERNAL SERVICES DEPARTMENT
M
Date:
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/_1ar_T91:h41;1011rn1
DIGITAL DATA
All data will be acquired in 2023 unless otherwise noted.
Orthogonal Imagery
• 4-band orthogonal imagery (including color infrared) at 4-inch or better resolution in the
urban areas, and 9-inch or better in the National Forest.
• Multiple formats (TIFF, JPEG2000, and compressed ECW).
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.
Digital Terrain Data
• LIDAR point cloud including all elevation data (QL1 or better).
• Digital Terrain Model (DTM) — bare earth data derived from LIDAR.
• Digital Surface Model (DSM) - building and tree tops derived from LIDAR.
• Digital Elevation Model (DEM) — bare earth data optimized for processing.
• 1-foot contours for urban areas. and 2-feet contours for the National Forest.
Additional Data Product(s) as Feasible
• Additional high resolution image acquisitions throughout the three-year cycle.
• Normalized Difference Vegetation Index (NDVI).
• Solar Model.
• Raster Tree Canopy Model.
• Raster Building data Model.
• Hillshade.
• Slope.
• Raster Height Model.
• 3D mesh.
• Street -level imagery and derived products.
• Other additional derived GIS data products.
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LOS ANGELES REGIONAL
IMAGERY ACQUISITION CONSORTIUM (LAR-IAC) 4, LAR-IACS, LAR-IAC6, LAR-IAC7
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.
Page 18
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:
Date:
Name:
Authorized Entity:
Title:
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 SSteinber¢(u,isd.lacmmtv.gov and
Cc' An Dang, LARIAC Project Manager, at adangnisd.lacountv.gov for review and approval.
ME
Map 1: Areas for Orthogonal Imagery Products
VENTURA
COUNTY
Legend
- Area 1-4 inch
- Area 2 - 1 foot
Ortho Imagery Grid
Q Los Angeles County Boundary
ECT AREA 2
A
.a
PROJECT
AREA 2
Los Angeles Region -
Imagery Acquisition Consortium
Project Areas and Tile Grid
1
SAN
COUNTY
ORANGE
COUNTY
b{YI LARWC Ap�YogY
LOSANGELES COUNTY
OepertmeMWReost. Planning
320 W.T ,C 9
LArgeks, CA 012
Ma" A 209
cour
N
A
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Map 2: Areas for Oblique Imagery Products
VENTURA
COUNTY
Oblique Imagery Types
Image Capture Type
- Communtly 2-Way, No Neighbohood
- CommunAy 2-Way, Neighborhood 4-Way
- Communfty 2-Way, Neighborhood 8-Way
Communhy 4-Woy, No Neighborhood
- Commundy 4-Way, Neighborhood 4-Way
.e
Los Angeles Region -
Imagery Acquisition Consortium
Oblique Imagery Grid
and Capture Types
SAN
COUNTY
cauarr
ORANGE
COUNTY
LAR10C I :
LOS ANGELES COUNTY
Department MReg—Raming
320W Temple &
Los AMeks, CA 90012
mom 13, W13
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