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HomeMy WebLinkAboutAGENDA REPORT 2002 0619 CC REG ITEM 11CITEM , 'C • AC Moorpark City Councily: Agenda Report TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Work�( DATE: June 6, 2002 (Council Meeting 6- 19 -02) SUBJECT: Agreement Between the City and the County of Ventura and Agreement Between the city and AirPhotUSA, Pertaining to the Acquisition and Use of Aerial Imagery nT CrTT.Q.QTnT\T A. Ventura Count The Ventura County Resource Management Agency (RMA) [Planning] has taken the lead in coordinating efforts necessary to secure, on behalf of a large number of public agencies, aerial photographic imagery of the entire County. B. Letter of Interest Last April, a letter of interest (Exhibit 1) was provided to the RMA. C. Cost Sharing Attached as Exhibit 2 is a list of the agencies which will be sharing in the cost of these services and products. The City of Moorpark's share will be $3,000. Funds for this purposed have been identified in the FY 02/03 Budget. D. Prior Purchases In past years the City has secured aerial photography on its own. The cost of these services and products was approximately $8,000. Aerial Photography was purchased in 1990, 1994 and 1998. Photo_2002 " 1W . .# Aerial Photography June 6, 2002 Page 2 E. Project Scope Attached as Exhibit 3 is the Scope of Work and the Specifications for the aerial imagery. The product will be digital aerial imagery, in electronic format, retrievable via the internet from the vendor. F. Agreement: County Attached as Exhibit 4 is an Agreement between the City of Moorpark and the County of Ventura pertaining to the purchase of these products and services. G. Agreement: Vendor Attached to the above mentioned Agreement is a draft of a separate Agreement between the City and AirPhotUSA, the vendor providing the aerial imagery. Pursuant to this Agreement, the City agrees not to provide the aerial imagery to any third parties which is not employed by the City and working on a City project. If it is possible to combine the two Agreements into one Agreement with the County, it would be the intent of staff to do so. If a "combined" Agreement is not possible, both Agreements will be executed. STAFF RECOMMENDATION Approve the above Agreements, subject to final language approval by the City Manager and City Attorney, and authorize the City Manager to execute same. Attachments: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Photo_2002 Letter if Intent Cost Sharing Scope of Work Agreements E V 16•, b', � I MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200 April 9, 2002 Thomas Berg Ventura County Resource Management Agency 800 South Victoria Avenue Ventura, CA 93009 SUBJECT: Letter of Intent for the City of Moorpark to Participate in a Local Partnership for the Cooperative Purchase of Color Digital Aerial Photography Dear Mr. Berg: This letter is to inform you of the intent of the City of Moorpark to join with other Ventura County government agencies and organizations in a collaborative effort to obtain current aerial imagery. This partnership is being formed so that Ventura County geographic data and imagery can be acquired more economically and efficiently by all partners. We understand that the County of Ventura —the Resource Management Agency (RMA) together with the Geographic Information Officer —will be coordinating the partnership and that the RMA will initially contribute the bulk of the funds— $200,000. These funds were received by the RMA from a California Resources Agency, Coastal Resources grant for a new flyover to create detailed, color, aerial imagery of the entire County. Moorpark, along with other local agencies and nonprofits, will contribute additional funds towards this purchase and all partners will have full access to the resulting aerial imagery. Any funds that remain after this initial imagery acquisition will be used by the partnership for future, cooperative regional imagery and data acquisitions and updates. We understand the specifications of this project to be as follows: • High precision aerial images at one -foot (South Half and selected other populated areas) and two -foot (unpopulated areas) resolution; • True color; • Orthorectified; • Imagery rectified to USGS (30 in posting) or Intermap (10 in posting) Digital Elevation Models (DEMs) depending on the extent of funding from partner agencies; and • Imagery useable in most mapping and GIS applications. We understand that agencies and nonprofits are being asked to contribute funds towards this initial purchase in proportion to their geographic scope as well as resources. It is the City of Moorpark's intention to contribute $3,000 to the partnership, contingent on our approval of a Memorandum of Understanding to formalize this relationship. We look forward to a fruitful partnership with the Ventura County Resource Management Agency and the other members of this collaborative. Kenneth C. Gilbert Director of Public Works cc: Steven Kueny, City Manager C� PATRICK HUNTER ROSEANN MIKOS CLINT HARPER KEITH F. MILLHOUSE JOHN E. WOZNIAK Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Partners Ventura County Aerial Imagery Purchase Committed Contribution Ventura County via State Resources Agency Grant $200,000.00 County Flood Control $10,000.00 County Public Works $10,000.00 County Fire Protection District $5,000.00 California Coastal Conservancy $3,000.00 California Dept of Forestry and Fire Protection $5,000.00 California Dept of Fish and Game $3,000.00 United Water Conservation District $5,000.00 Casitas Municipal Water District $3,000.00 Calle uas Water District $5,000.00 Camrosa Water District $3,000.00 Ojai Valley Sanitation District $3,000.00 Ventura Regional Sanitation District $3,000.00 City of Port Hueneme $3,000.00 City of Camarillo $3,000.00 City of Moorpark $3,000.00 City of Fillmore $3,000.00 City of Oxnard $5,000.00 City of Ojai $3,000.00 City of Simi Valley $5,000.00 City of Thousand Oaks $5,000.00 City of Ventura $5,000.00 Gold Coast Innovation Center $1,000.00 California Native Plant Society $1,000.00 Cone'o Valley Unified School District $500.00 Conception Coast Project $500.00 University of California, Santa Barbara $3,000.00 U.S. Navy $5,000.00 Total Committed Funding $304,000.00 Cost of This Aerial Imagery Purchase $249,000.00 Excess Committed Funds $55,000.00 5/29/2002 Exhibit 2 Lk1„ b A 3 Spring 2002 Ventura County Aerial Imagery Scope of Work SOURCE DATA: Source imagery for the product will be acquired with a standard (RC -30) aerial mapping camera equipped with a 152mm (6 ") wide angle lens and using 9 "x9" format (230 x 230 mm) color negative film. Cartographic reference for this project will be derived from United States Geological Survey (USGS) Digital Ortho Quarter Quads (DOQQ "S). The DOQQ's have a nominal planimetric accuracy of 33 feet (10 meters) at 90% CE (1:12,000 scale national map accuracy). The DOQQ's have a I ground sample distance. The topographic data will be obtained from a Digital Elevation Model (DEM) in ASCII X,Y,Z format, obtained from InterMap Technologies for a portion of the county and/or the United States Geological Survey (USGS) 7.5- minute Digital Elevation Model (DEM) archive will be used for the area of the County not covered by the InterMap DEM or if the County elect not to use the InterMap DEM the USGS DEM will be used. The USGS DEM data has a nominal vertical accuracy of 23 -46 feet (7 -15 meters) RMSE. InterMap has an "off the shelf' DEM collected in 1998 available for the southern portion of the county. The InterMap refers to this as their "GT2 product" and represents an absolute vertical accuracy of 2m RMSE. The InterMap DEM is provided in 10m posting. The available InterMap GT2 product is shown in the attached Summary of Source Data. SCOPE OF WORK - TASKS DEFINED The general items of this scope are as follows: 1. Secure the imagery required for the project at both 1 foot and 2 foot resolutions as detailed on the attached map. The project consists of the entire County of Ventura, California. The imagery will be secured by our (State Certified DBE) Sub Consultant: I. K. Curtis Services, Inc., Authorized AirPhotoUSA Distributor 2901 Empire Avenue, Burbank, California 91504 Telephone: (818) 842 -5127 2. Examine the imagery (negatives) to assure that all of the project area for both resolutions has been secured and also verify that the imagery is cloud free and meets our standards for quality imagery. Label each negative with the appropriate photo number, cut each negative from the roll of film and place each negative in a new negative sleeve. 3. Convert each negative (scan) into a digital file. Prepare each image for Ortho Rectification. 4. Pick pass points (photo to photo) and ground control points for each photo. 5. Obtain first geometric solution. Edit points as needed to obtain required geometric solution. Process rectification. Mosaic individual images into seamless image. 6. Balance (color and intensity of all images) the seamless mosaic. 7. Cut tiles from the seamless mosaic. 8. Compress (using our proprietary software) each tile and process each tile for use in PhotoMapper. Mosaic individual compressed images into seamless image. 9. Deliver final ortho photography and Intermap Digital Elevation Model on CD ROMs Spring 2002 Ventura County Aerial Imagery Deliverable Specifications $ Pixel Resolution to be Provided: 1 foot and 2 foot per attached map. Absolute Accuracy: As stated, the Cartographic reference for this project will be derived from the USGS DOQQ "S which have a nominal planimetric accuracy of 33 feet (10 meters) at 90% CE. Our exclusive processing technology assures that the accuracy of the project will meet or exceed the accuracy of the source data. Using the USGS data (DOQQ's and DEM) the resulting horizontal accuracy would be in the "4m to 10m range" at 90% CE, and the vertical accuracy would be in the 7m to 15m range" RMSE. If the InterMap DEM was used in conjunction with the USGS DOQQ's the resulting horizontal accuracy would be in the "2m to 8m range" at 90% CE, and the vertical accuracy would be 2m RMSE. The benefit in using the InterMap DEM would be realized in improved accuracy in the areas of the county with the most vertical relief, and in the areas where there are errors in the USGS data. Photo Scale: Approximately 1" = 1,000' for the 1 foot resolution and 1" = 2,000' for the 2 foot resolution (30% FOL and 30% SOL). Window of Acquisition: As soon as possible, subject to weather, following authorization to proceed. Target dates are between April 15, 2002 and June 4, 2002. Bands: True Color (24 Bit). PhotoMapper will also export/display 16 Bit and 8 Bit color and Grayscale. Radiometric Image Balancing: The color of each image will be matched to the other using our exclusive software. This process is accomplished after the project has been mosaiced into one seamless image which assures even color balancing across the entire project. End User Environment: Pentium class computer running Windows NT, Windows 95 and /or 98. Projection Output: NAD 83, California Zone 5, English units (Seamless Mosaic). Virtually any geodetic projection can be output during export from PhotoMapper. Cloud Free: 100% Area of Coverage: The county of Ventura, California. Value Added: Final product will be delivered in PhotoMapper under a network site license supporting unlimited users. PhotoMapper provides accelerated viewing of the digital aerial photography. The entire project can be looked at on a computer screen and in just a few seconds someone can be looking at a view scale of one inch equals three hundred feet. The software will also pan, zoom to a set scale, or coordinate, accurately measure distances on the photography and figure the area of any polygon by simply drawing around its boundaries. PhotoMapper's image export function is totally compatible with popular GIS software such as Mapinfo and ArcView, and CADD software such as AutoCAD and Microstation and virtually all Windows based software. The program will print directly to a printer or you can export an image file into your favourite graphics, GIS or CADD program. This export function allows the user to specify the scale, size and resolution. Deliverable Format: Digital Compact Disc (CD) or DVD with PhotoMapper software. The project will be delivered as two sets: 1) on separate CDs, and 2) a spanned CD set allowing the entire seamless mosaic to be copied onto the servers hard drive. Other deliverables include Tif/Tfw format based on DOQQ grid in NAD 27, California Zone 5. Page 1 of 2 Attachment 1 Suitable Uses: Determine building layouts, right of ways, wildlife habits; locations of roads; land use studies and analysis; density calculations; base for mapping newly developed areas; design concept reports; preliminary area calculations; environmental studies; corridor studies; and change detection. Documentation: Appropriate documentation will be provided in RTF format. Technical Support: Unlimited telephone technical support for 1 year from the date of delivery and acceptance of the project. Free software upgrades are available at www.photomapper.com /update. Consultant is currently shipping PhotoMapper version 3.4. Project Distribution Rights: AirPhotoUSA shall maintain ownership and its copyright on all material developed under this contract with the provision that the County will have the right to redistribute the project to all agencies participating with the county. Project completion: 90 -120 days from date the negatives are received. Page 2 of 2 Exhibit+ AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE COUNTY OF VENTURA FOR ACQUISITION OF AERIAL IMAGERY This AGREEMENT is made this day of , 2002 and is entered into by and between The City of Moorpark, hereinafter referred to as "CITY ", and the County of Ventura, hereinafter referred to as "COUNTY." RECITALS WHEREAS, CITY and the COUNTY have determined that it will be to their mutual advantage and to the public's benefit to coordinate the cooperative acquisition of digital aerial imagery and funding related thereto; NOW, THEREFORE, CITY and the COUNTY agree as follows, and enter into this AGREEMENT ( "AGREEMENT" herein) regarding the acquisition of aerial imagery: ARTICLE I: Definitions: The following definition shall apply to this AGREEMENT: AERIAL IMAGERY shall mean the digital aerial imagery of Ventura County, and the associated software, as described in Attachment 1 (Spring 2002 Ventura County Aerial Imagery Deliverable Specifications) and Attachment 2 (Spring 2002 Ventura County Aerial Imagery Scope of Work). ARTICLE II: Term: The term of this contract commences on , 2002 and ends, unless sooner terminated by COUNTY OR CITY, after the AERIAL IMAGERY has been delivered to the CITY and COUNTY. ARTICLE III: Funding and Administration In order to accomplish the cooperative acquisition referred to herein, the CITY and COUNTY agree to the following funding and administrative arrangements: a. The COUNTY shall be responsible for coordinating the acquisition of the AERIAL IMAGERY. b. The COUNTY agrees to fund $200,000 of the AERIAL IMAGERY costs. c. The CITY agrees to fund $3,000 of the AERIAL IMAGERY costs. Payment shall be made to the COUNTY as follows: The COUNTY shall invoice CITY after the COUNTY has entered into the services contract with the vendor. Payment shall be sent to: County of Ventura, Resource Management Agency 800 South Victoria Avenue Ventura, CA 93009 -1700 Attn: Bob Tovias 1 of 3 C Exhibit 1 d. The CITY agrees to remit to the COUNTY the agreed upon amount within 60 days of the approval date of this agreement. e. The COUNTY shall arrange with the vendor for CITY to receive delivery of final ortho photograpy and Intermap Digital Elevation Model on CD ROM. f. The CITY, COUNTY and all other collaborators to this acquisition shall independently enter into data sharing agreements with the vendor of the AERIAL IMAGERY, which is proprietary to the vendor. A sample of this agreement is attached (Attachment `A'). The COUNTY shall play no role in negotiating data licensing and use issues between the vendor and CITY. g. At least $97,500 in funding is expected from all collaborators for the AERIAL IMAGERY acquisition. h. Funds received in excess of the cost of the AERIAL IMAGERY will be placed in a County -held trust account to be applied toward future, cooperative imagery acquisitions and updates. All collaborators to this AERIAL IMAGERY acquisition, including the CITY, shall be invited to join in future cooperative imagery acquisitions, the terms of which shall be negotiated at the time of said future acquisition. ARTICLE IV: Terms: No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto. No oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. ARTICLE V: Hold Harmless: CITY shall indemnify and hold harmless COUNTY from all actions, claims or judgments by, or in favor of, third parties arising out of any act or omission of CITY, its officers, employees, or agents in connection with the performance of this contract or which may arise from liens or claims in favor of third parties for services rendered or labor or materials furnished by CITY in performance of this contract provided that CITY will not indemnify and hold harmless COUNTY for any act or omission of any staff provided by COUNTY. County shall indemnify and hold harmless CITY against all actions, claims or judgments by, or in favor of, third parties arising out of any act or omissions of COUNTY, its officers, employees, or agents in connection with performance of this contract or which may arise from liens or claims in favor of third parties for services rendered or labor or materials furnished by COUNTY in performance of this contract. ARTICLE VI: Notices All notices or other official correspondence relating to AGREEMENT matters between the parties hereto shall be made addressed to one of the following: To RMA: Thomas Berg, Director Resource Management Agency 800 South Victoria Avenue Ventura, CA 93009 2of3 Exhibit 1 To CITY: Steven Kueny, City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Or such other addresses as either party may designate hereinafter, in writing delivered to the other party. ARTICLE VII: Assignment: Neither party shall assign or transfer its interest in this AGREEMENT without the written consent of the other. This AGREEMENT shall be governed by the laws of the State of California. ARTICLE VIII: Article Headings Article heading in this AGREEMENT is for convenience only and is not intended to be used interpreting or construing the terms, covenants, and other conditions of this AGREEMENT. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT the day and year first written above. CITY OF MOORPARK Steven Kueny, City Manager City of Moorpark COUNTY OF VENTURA Thomas Berg, Director Resource Management Agency 3of3 �(-R f 1 Attachment A DATA SHARING AGREEMENT BETWEEN AIRPHOTOUSA, LLC. AND THE C;-� Of � P�� CA�IFORNIA This Agre meet ("the Agreement^) is made between AirPhotoUSA (`Airphoto "), -an Arizona limited li iGty company located at 7122 North 27*' Avenue, Suite 500, Phoenix, AZ 85051, and the of Ventura ( "6att�ty"), located at 800 South Victoria Ave., Ventura CA 93009, effective January 31, 2001. C4_1 4..t WITN�SSETH �E- WHEREAS, Airphoto has entered into an agreement with the Gouty to provide 1 meter color orthophotography of a portion of the county; WHEREAS, both parties desire that the final otthophotography contain data as provided by the County: and WHEREAS, both parties perceive an opportunity to enhance the functionality of the ottMhotography that Airphoto will produce and sell to the Geuity by integrating the County's data into the PhotoMapper software for use by the Gowimy:-- NOW, THEREFORE, in exchange for the mutual promises and- covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: DATA EXCHANGI~: The Eo my will provide Airphoto, free of charge, a copy of the County's Data. Akphoto will integrate the Data into the PhotoMapper software and return the Data as provided by the CewW to the Goo* and hereby warrants that the Cou rity's Data wif not be re- sold or r"stdWted by Akphoto. The County hereby authorizes and Airphoto hereby reserves the right to use the Oeartytsdata for marketing purposes only. LICENSING: Airphoto will grant, subject to recWng�uil and oornplete payment from the County, a perpetual, non - exclusive, license to the eomTtj4o use the PhotoMapper software, and will also provide one network version of the software and Data, licensed for _ concurrent users, and one stand alone version of the software and Data, both on CD -ROM or DVD. ACCEPTANCE Airphoto accepts the County Data "as is" and acknowledges that the County has not made any warranty or representation as to the accuracy, usability or any other representation relating to the County Data. AUTHORITY: The parties signing this Agreement affirm that they are duly authorized to bind their respective companies to the terms and conditions of this Agreement_ CONMENTIAILI . Any proprietary Information that shall be shared between companies, shalt remain confidential to the parties hereto (as well as their authorized agents, attorneys, accountants, engineers, representatives and potential investors) and shall not be disclosed to any other person without the consent of Airphoto and the- nless otherwise required by law or the valid order of a Court, arbitrator or governmental administrative body. Each party agrees that any infomnation it acquires from the other, other than information that is publicly available, will be kept confidential, and will not be disclosed to any other party or used for any purpose except the consummation and fulfillment of the terms of this Agreement. WARRANTY AND PROP I�ETARY gIGNTS: The Ge" acknowledges and agrees that the compressed Data, software and related documentation, together with all copyrights, trade secrets and other intellectual property rights related thereto are proprietary to Airphoto and protected by U.S. and intern tonal civil and criminal laws, and that Airphoto shall in all events remain the owner of the compressed Data. The GewAy agrees to comply with U.S. intellectual property laws with respect to the compressed Data. X Airphoto represents and warrants that it owns all right, title, and interest in the associated software and documentation, and that it has all necessary rights and power to provide copies of the PhotoMapper software, and grant the rights and licenses granted to the County herein. TRANSFER: The 6emay not sublicense, assign, or transfer any rights unde this Agreement without the prior written consent of Airphoto. Any attempt by the Gear. to otherwise sublicense, assign, transfer any of its rights hereunder shall be void. Upon any assignment or transfer, the �Cew�s rights and future obligations hereunder shall terminate and the assignee or transferee shall be fully bound hereby, but the Bom*)Sshall reinain responsible for any liability incurred prior to the assignment or transfer. An assignment or transfer shall not entitle the assignee or transferee to any extensions of warranties. This Agreement shall be binding upon the parties their suceessors, and permitted assigns/transferees. SEVERAB1LITY: In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable taw, or be so held by applicable court or arbitration decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable taw or applicable court decisions. GOVERNING LAW. VENUE, COSTS AND ATTORNEY'S FEES: The laws of the State of California shall govern this agreement. Venue in any litigation shall be in the County of Ventura, State of California. Each party shall bear its own attorney's fees in connection with any litigation. Costs shall be awarded in accordance with applicable law. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement supersedes all oral, written or other communications concerning the subject matter of this Agreement, and shag not be altered, amended, or modified except in a writing signed by the duty authorized officers of each party hereto. Page 2 of 3 C- -r:-.. IN WITNESS WHEREOF, the parties have executed this Agreement as of the effective date stated above. AlrPhotoUSA, LLC County of bnt m C :1� Mix va,l<, BT s _- Name - - Title Data - Page 3 of 3 By: Name -- Title Date RECEIVED MAY � 4 ?ow PUBLIC WORKS AGENCY CENTRAL SERVICES