City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council approve an agreement with the County of Los
Angeles to obtain aerial photography and related imagery products through the Los
Angeles Region Imagery Acquisition Consortium (LAR-IAC) Program.
BACKGROUND:
The City’s Geographic Information Systems (GIS) program manages and publishes
multiple data layers of location-based information which is used by staff and the
public. One of the most critical layers is aerial orthophotography. This digital
imagery serves as an important base and is often used to build and derive other GIS
data layers. Aerial orthophotography is used as an analysis tool and is also used to
verify and assess city infrastructure.
The City had been in the practice of updating the aerials every 3 years. This was a
very costly endeavor as the City contracted independently with vendors to fly,
photograph and process aerials within the city boundary and surrounding areas. In
an effort to reduce costs, the Chief Information Officer (CIO) of Culver City and the
CIO of Santa Monica met to discuss cost sharing initiatives for aerial acquisition. A
meeting was also held with the Westside cities (Beverly Hills, Culver City, Santa
Monica, and West Hollywood) to begin identifying timeframes and data
specifications. Subsequently, a meeting was held with Jon Fullinwider (LA County
CIO) to discuss forming a county-wide consortium. The County later formed the Los
Angeles Region – Imagery Acquisition Consortium (LAR-IAC) program.
Meeting Date: 11/10/08 Item Number: C-7
AGENDA ITEM: Approval of an Agreement with the County of Los Angeles to
Obtain Citywide Aerial Photography and Related Imagery Products.
Contact Person/Dept.: Michele Williams
Phone Number: 310.253.5959
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [ ] Action Item: [] Attachments: [X]
Public Notification:
Master E-Mail Notification List (11/05/08)
Department Approval:
John Richo (10/30/08)
City Attorney Approval:
Carol Schwab (by H. Baker) (11/05/08)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (11/03/08)
City Manager Approval:
Jerry B. Fulwood (11/05/08) City of Culver City, California
City Council Agenda Item Report
In November 2005, City Council authorized participation in the first LAR-IAC project.
Participation in the LAR-IAC program has resulted in significant cost savings as
approximately 28 other public agencies within LA County collaborated to obtain
aerial photography.
DISCUSSION:
The imagery deliverables from LAR-IAC 1 were provided in February 2007 and
included the following:
Digital Imagery – Digital technology was used to capture the aerial photography.
This provided improved quality and accuracy as opposed to scanned film. The
resolution of the imagery was 4 inch pixels.
Oblique Aerial Imagery – Oblique imagery is aerial photography that is taken at
an angle rather than the traditional straight down view. It is more intuitive and
useful in situations where additional information is required. Analysis can be
performed to calculate length, distance, height, acreage, and other
measurements.
LiDAR (Digital Terrain Model) – Light Detection and Ranging (LiDAR)
technology is universally used as a tool to measure elevation change. The
LiDAR collection system uses a powerful laser sensor mounted on the underside
of an aircraft to emit infrared laser light that measures the distance to the ground.
LiDAR technology can be used as a source for highly accurate digital elevation
models and digital terrain models (DEM/DTM) to create precise elevation
contours and to enhance orthoimagery. The data can be used for enhanced 3-D
visualization, disaster management purposes, and mapping applications (i.e.
flood mapping, drainage of streams, water contamination, etc.)
Infrared Imagery – Infrared film is sensitive to green, red, and near-infrared
portions of the color spectrum. The colors on the imagery show information
about vegetation health, water content, and other information not visible to the
natural eye. Infrared imagery can be used to assess soil moisture, seepage
patterns, differentiating tree species, and areas of “stressed” vegetation.
The County through the LAR-IAC program has committed to re-flying the area and
providing updated aerial orthophotography and oblique aerial imagery every two
years. The LiDAR and infrared imagery products will be updated every four years.
LAR-IAC 2 will provide digital orthophotography, aerial oblique imagery, and digital
elevation models for areas of significant change. Additionally, participating agencies City of Culver City, California
City Council Agenda Item Report
will have the option to obtain building footprints for buildings larger than 400 square
feet. The building footprint layer will greatly enhance the City’s GIS data inventory.
This will provide an outline drawing of structures which can assist in emergency
response incidents and provide a tool for structural/building analysis.
The acquisition cost for these aerial products is greatly reduced through the
consortium as the cost is shared among the participating entities. The City’s
expenditure for imagery from the LAR-IAC 1 deliverable was $23,479. The cost for
the deliverables under LAR-IAC 2 will not exceed $24,500.
Staff recommends continued participation in the imagery acquisition consortium
through the County of Los Angeles. The data deliverable provided from this
agreement in 2007 was of high quality. Staff has also played an active role in
providing additional enhancements which have been incorporated as specifications
for the next data acquisition.
FISCAL ANALYSIS:
The proposed agreement with Los Angeles County to obtain aerial imagery products
through the Los Angeles Region – Imagery Acquisition Consortium (LAR-IAC)
Program would result in an expenditure not to exceed $24,500. Sufficient funds
have been allocated in the following accounts for this effort:
CIP Aerial Acquisition (42000456.619800) - $16,780
IT Software Maintenance (10124100.600200) - $ 7,720
ATTACHMENTS:
1. Participant Agreement for LAR-IAC 2 from the County of Los Angeles
MOTION:
That the City Council:
1) Approve an agreement with the County of Los Angeles to obtain aerial imagery
products through the Los Angeles Region Imagery Acquisition Consortium (LAR-
IAC 2) Program resulting in an expenditure not to exceed $24,500;
2) Authorize the City Attorney to review/prepare the necessary documents; and, City of Culver City, California
City Council Agenda Item Report
3) Authorize the City Manager to execute such documents on behalf of the City.
MEETING DATE: 11/10/08
Authorization to Execute a Contract with the County of Los
Angeles to Obtain Citywide Aerial Photography and Related
Imagery Products.
AGENDA ITEM:
ATTACHMENTS
Pages
1. Participant Agreement for LAR-IAC 2 from the 1 - 10
County of Los AngelesPARTICIPANT 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 Culver City, 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.
Attachment Page 1 of 102. 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.|109| Attachment Page 2 of 10The Maximum Contribution of the Participating Entity shall be $24,500.
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
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.
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.|109| Attachment Page 3 of 10C. 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.
a 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.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|109| Attachment Page 4 of 10Agreement 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 COUNTY OF LOS ANGELES
City of Culver City CHIEF INFORMATION OFFICE
By: By: Richard Sanchez
Acting Chief Information Officer
Date: Date:|109| Attachment Page 5 of 10ATTACHMENT 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
Building Footprints
• Building footprints for buildings larger than 400 square feet.
Attachment Page 6 of 10Map 1: Areas 1, 2 and 3 for Orthogonal Imagery Products
Attachment Page 7 of 10.2.4:cfitY,A.e I Ei.r.rtf
Map 2: Areas 1, 2 and 3 for Oblique Imagery Products
Attachment Page 8 of 10ATTACHMENT B
LAR-IAC 2 AUTHORIZED USER
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT
Attachment Page 9 of 10LOS 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.
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:
Authorized User
Name:
Organization: Organization:
Address: Address:
City/Zip: City/Zip:
Phone: Phone:
Signature: Signature: Date: Date: Note: EiAities shall a signed copy of this document for the duration of the contract.
Attachment Page 10 of 10