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Home My WebLink AboutORANGE COUNTY DATA ACQUISITION PARTNERSHIP (OCDAP)INSURANCE N07 REQUIRED Return FULLLY EXECUTED WORK MAY PROCEED Copy toCOTC, M-30 N-2022-346 CLERK OF COUNCIL DATE` NOV " 1 2022 ORANGE COUNTY DATA ACQUISITION PARTNERSHIP (OCDAP) Participation Agreement between the Orange County Council of Governments and City of Santa Ana THIS ORANGE COUNTY DATA ACQUISITION PARTNERSHIP (" OCDAP") PARTICIPATION AGREEMENT ("Agreement") is madeby andbetween City of Santa Ana , hereinafter referred to as "Local Agency" and Orange County Council of Governments, hereinafter referred to as "OCCOG" (hereinafter collectively also the "Parties"). RECITALS WHEREAS, the Parties wish to enter into an agreement to purchase Digital Aerial Data, reduce costs, and enable participants to acquire more data than would be possible individually. The group of participating agencies is known as the Orange County Data Acquisition Partnership ("OCDAF); WHEREAS, cities and agencies established the first cycle of OCDAP covering the period of July 2020 to June 2022 ("Cycle 1 "); WHEREAS, the County entered or will enter into an Agreement with NV5 (`Vendor") for Digital Aerial Data ("County -Vendor Agreement') for the Orange County Data Acquisition Partnership Project ("Project"), which is substantially in the form attached to this Agreement as Attachment A. The Project includes one (1) cycle of data capture anticipated to begin in June 2022 for the period of July 2022—June 2024 ("Cycle 2"); WHEREAS, the Parties intend for any funds contributed under this Agreement in excess of the County -Vendor Agreement cost to be allocated toward a cycle three (3) of data capture anticipated for the period of July 2024- June 2026 ("Cycle 3"), and to execute an amendment to this Agreement or new participation agreement for Cycle 3; WHEREAS, the Parties recognize the need to invest in Digital Aerial Data to conduct local and regional planning and to evaluate current and future legislative and regulatory proposals and wish to utilize the Digital Aerial Data from the County -Vendor Agreement; WHEREAS, OCCOG is responsible for invoicing the Parties for the Project in Cycle 2; WHEREAS, the Parties wish to enter into this Agreement to outline the roles and responsibilities for the Project; and WHEREAS the `Recitals" are incorporated herein by this reference. TERMS OF AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties hereby agree as follows: I. Compensation 01115.000059306. 1 OCOAP02 ParticiputionAgreement_20220825.docx Page r The Local Agency will compensate the County as described in Section 4 for the Digital Aerial Data, described in Section 2 for the data capture in 2022 for Cycle 2. The total cost of Cycle 2 is $331,241.00,'I'he next geospalial data capture is expected in 2024 ("Cycle 3"). Agencies participating in Cycle 2 are not obligated to participate in Cycle 3. Regardless of whether the Local Agency chooses to participate beyond Cycle 2, the Local Agency is authorized to possess and use the Cycle I and Cycle 2 Digital Aerial Data described In Section 2 for its organizational purposes in perpetuity, subject to the use provisions set forth in Section 3 and disclosure provisions of section 5. If applicable, an amendment to this Agreement or separate participation agreement will be executed by file Parties for Cycle 3 and the distribution of funds far Cycle 3 will be addressed separately by such amendment or separate participation agreement. In such event, funds received in excess of tite Cycle 2 costs shall be applied to Cycle 3. In the event that the Local Agency determines not to participate in Cycle 3, funds paid in excess of the Cycle 2 costs shall be forfeited. If the OCDAP does not continue past Cycle 2, any funds collected by OCCOG in excess of the Cycle 2 costs shall be returned to tine Parties in proportion to their separate contributions. 2. Digital Aerial Data Description A. Digital Imagery: 3-inch resolution, 4 band (red, green, blue, and near infrared) true natural color digital orthophoto/otho-rectified data covering Orange County and portions of surrounding area as shown in the map in Attachment A (page 2), attached hereto and Incorporated herein by this reference, Digital imagery will be provided in the following formats: GeoTIFF tiles and mosaic of GCW or IvIrSID tile format (which includes seamline generation, radiometric balancing and final color balancing to ensure seamless consistent coverage of the area of interest). These data will be California State Plane Coordinate System, Zone 6 (US feet), Datum NAD 83. B. Digital Imagery: 12-inch resolution, 4 band (red, green, blue, and near infrared) true natural color digital orthophoto/ortho-rectified data covering Orange County and portions of surrounding area as shown in the map in Attachment A (page 2), attached hereto and incorporated herein by this reference. Digital imagery will be provided in mosaic of ECW or MrSID the format (which includes seamline generation, radione(ric balancing and final color balancing to ensure seamless consistent coverage of the area of interest). These data will be California State Plane Coordinate System, Zone 6 (US feet), Datum NAD 83. C. Building footprints: Outlines of building footprints for structures that are 300square feet orgreater will be provided for all Orange County in shapetile format with z values. These data will be California State Plane Coordinate System, Zone 6 (US feet), Datum NAD 83. The vertical dahan will be North American Vertical Datum of 1988 (NAVD88), US Feet, D. Pursuant to the terns of the County -Vendor Agreement,, the Parties will have access and use of all imagery collected and processed through the online viewing software hosted by Vendor or be provided copies of the data by the County as described in Section 3. 3. DataDelivery When possible, the digital data will be provided electronically through the online platform hosted by Vendor or through File Transfer Protocol (FTP) or alternate electronic delivery method by the County. Alternatively, upon request and receipt of a hard drive from the Local Agency, tine digital imagery data will be provided by the County on such hard drive within 30 days of receipt by the County, subject to any use restrictions set forth in the agreement between the County and Vendor. 4. InvoicinO ryloci OCCOG, on behalf of the County, will submit an invoiceto the Local Agency for the amount listed in Attachment C "OCDAP Cycle 2 Participation Costs", attached hereto and incorporated herein by this tefbrence, as payment for Cycle 2 Digital Aerial Data. The Local Agency will submit payment to OCCOG within 30 days. This will be 0I 1 100011759306 1 OCIM['03_PnrtieipationAgreemenr_20230g25.duca Page 2 a line item invoice f'or those agencies that also receive an annual invoice for OCCOG dues (for OCCOG member agencies) and CDR tees. OCCOG shall invoice the Parties in July 2022, OCCOG will remit collected payments to the County within three months of invoicing Parties. In the event payment is not received by OCCOG from the Local Agency, the local Agency will be denied access to the online data platform and will not receive copies of the data from the County. The parties further understand and acknowledge that if the County does not proceed to approve the County- VendorAgreoment, this Agreement shall be deemed mil and void and the parties will have no furtherobligations, 5. Disclosurcoflnformation The Local Agency may distribute the Digital Aerial Data to its subcontractors, partners, or consultants on projects that are outsourced from its own operations. The Local Agency shall require each subcontractor, partner, or Consultant to whom the Digital Aerial Data Is transferred or distributed to execute a written acknowledgement and agreement provided as Attachment E, Orange County Data Acquisition Partnership (OCDAP) Authorized User Confidentiality and Non -Disclosure Agreement, attached hereto and incorporated herein by this reference. 6. Steering Committee The Steering and Technical Advisory Committee (`.STAC") shall ineetat least six (6) times each year to (1) decide on the, deliverables for each OCDAP Cycle, including geographic coverage, (2) set pricing structure for agency participation, (3) review the status of participation agreement signatures, project deliverables and OCDAP financial status, (4) modify budget and deliverables upon addition or termination of a Party, (5) decide how any surplus will be used, refunded or redistributed if the project ends, (6) provide review and creation of OCDAP documents, (7) facilitate the acquisition and sharing of data, and (8) address other matters vital tothefunction of the OCDAP. The Steering and Technical Advisory Committee will be comprised of staff representing the Parties that contribute at least $20,000 for that cycle, Each Party on Jhe Steering and Technical Advisory Committee will each have one voting member of equal standing and there will be one city representative. The designees from each Party shall be natured by July I of the beginning of the two-year OCDAP cycle. An organization may also designate an individual(s) to serve as an alternate member. The Steering and Technical Advisory Committee chair and vice -chair will be elected for a two-year term. City representatives will be solicited and appointed by the OCCOG TAC. 7. Representations and Warranties The Local Agency warrants that Its use, grant, and conveyance of the Digital Aerial Data will not violate any applicable terms set forth in the Cocmty-VenclorAgreement.. 8, Indemnification OCCOG agrees to indemnify and defend the Local Agency against all third -party claims, liabilities, losses, expenses, suits, actions and causes of actions (Including reasonable attorneys' fees and legal expenses), fines, penalties, or damages (collectively, the "Liabilities") to the extent such Liabilities arise out of or result from: (a) the negligent acts or omissions, the willful or intentional misconduct of OCCOG or its employees, subcontractors or agents, in the course of providing the Digital Aerial Data; (b) OCCOG's breach of the terms of this Agreement; or (c) any claim that any of Digital Aerial Data provided by OCCOG infringes or misappropriates a third parry's intellectual property rights, 01115.00011759306 1 0CDAP07. 1'articipationAgreenmm_20220823 doer rage 3 The Local Agency agrees to indemnify and defend the County and OCCOG, their directors, officers and employees, against all Liabilities to the extent such Liabilities arise out oror result, from; (a) the negligent acts or omissions, the willful or intentional Misconduct of Local Agency or its employees, subcontractors or agents under this Agreement; or (b) Local Agency's breach of the terms of this Agreement. 9. Amenchnents No alteration or deviation of the terms of this Agreement shall be valid unless made in writing and properly executed by the Parties. 10, Notices Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested, to the following physical oreinail addresses: To OCCOG: Marnle Primmer Executive Director Orange County Council of Governments 3972 Barranca Pkwy., Suite J-127 Irvine, CA 92606 maillic@occog,com To City of Santa Ana Trevor Burgan Name Principal Programmer Analyst Title Information Technology Agency 20 Civic Center Plaza Address M-42 Address 2 (Optional) Santa Ana, CA 92701 City, State, Zip tburgan@santa-ana.org Entail 714.647-5657 Phone number 11, Force Maieure No forties shall be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of SWIM resulting, directly or indirectly, front acts of God, civil or military authority, acts of public caci ty, war, strikes, labor disputes, pandemics, or any other similar cause beyond the reasonable control of the Parties. 12. Entire Agreement This Agreement represents and contains the entire agreement of the Parties with respect to the matters set Forth herein. This Agreement supersedes any and till prior negotiations, discussions and, if any, previous agreements between the Parties. 01115.00011759306. 1 OCD,\PU?_Po,ifeipullrniAgrceinent_20220825 dues hige 4 13. Execution of Aereement or Amendment This Agreement, or any amendment related thereto (Amendment), may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement.'rhe signature page.of this Agreement or any Amencment may be executed by way of n manual or authorized digital signature processed by a technology authorized by the California Secretary of State. Delivery of an executed counterpart of a signature page to this Agreement or an Amendment by electronic transmission scanned pages shall be deemed effective as a delivery of a manually or digitally executed counterpart to this Agreement or any Amendment 14. Effective Date 'file Effective Date of this Agreement shall mean the date (meaning the last date indicated below) that the Parties have fully executed this Agreement, 01 115aGOP759300 1 OCDAP02, PartieiluitionAgreemcul. 20220825-(IOC$ Page 3 N-2022-346 SIGNATURE PAGE TO ORANGE COUNTY DATA ACQUISITION PARTNERSHIP (OCDAP) AGREEMENT IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives as or the dates indicated below: Kristine Ridge, City Manager City of Santa Ana Date r`(. P� By Mamie Primmer, Executive Director Orange County Council of Governments November 30, 2022 Date By Jack iulla Chie Technology Innovations Officer, City of Santa Ana Date ATTEST: ,, •,•., By 0 Norma Orozco Assistant Clerk of The Council, City of Santa Ana III21��2 Date 01115 anal 731816 1 (VD.APo _PnruaipananApr"nienI_20?2052i d vx Page 6 A'I`I'ACHM ENT "A" COUNTY SCOPE OF WORK FOR THE ORANGE COUNTY DATA ACQUISITION PARTNERSH[P PROJECT [See Following Page] 0111 000111593061 OCDAI'U?_PnrticipntioiNgrecmeni 2U22UR?i.ducs page) Please update date and quote/servlcessummary to reflect Bnal choices. May 18, 2022 Cameron, Mere Is our list of data and services you are requiring for the group and a breakdown of pricing. Imagery Eagle will provide 34ch pixel resolution Imagery captured In May/June/luly 2022 using the highest quality, state of the art, full format digital mapping camera, the UltraCam Eagle Mark 3,-using one of only two such cameras in the western USA. The Imagery will be orthorectIned using Eagle's proprietary elevation model and techniques that havebeen fine-tuned for a decade, yielding an industry best horizontal accuracy certlfied by GC Public Works as being Diu;/minus less thin a in hS£ (see accompanying OCPW analysis done by Art Andrew). Eagle will utilize the County's GPS controlnetwork and we will allow RA/QC review to be done by the County and agencies prior to acceptance. 4-band is Included had, green, blue, and near-Infrarad) true natural color digital orthophoto/ortho- rectified data. Historical Data Stack We will provide accessto Eagle's exclusive 3-Inch resolution historical data stack, which Is the only high -resolution Imagery available for Orange County for EVERY YEAR from 2010 until the present. It will be delivered via our fast WMTS imagery service to all consortium members, allowing them continual access to an annual sequence every year from 2010 to 2022.. They will be able to zoom down to Individual properties with clarity not available elsewhere, This Is a significant benefit to the consortium members. This dataset will becompatible with the software we will provide and ESRI, AutoCAD, etc. Software Eagle will provide a viewer that will allow you to access aerials fast via WMTS and do measurements and data analysis. This software provides a secure, on demand access to your data, Simple viewers and search tools allow anyone to visualize data and find answers fast. Any authorized user can work with the Imagery from any computer. Managers and technicians can view massive 2D maps in simple, Intuitive applications. With our powerful data delivery tools, you can search in a map to discover all the spatial data in a project area, and export only what Is needed for a task (clip & ship). The software works with standard spatial Inrmats like WMTS, geodatabase and shapefiie,. It allows the Import of - -- — — --any athlbutes or schema and to configure as needed. tsupports REST APIs; OGCCompliant streaming, standard - - -- plug-ins, and integration with solutions from Esd, IBM, SAP, Oracle; and more, Securely access cloud -hosted spatial data which allows access your data where and when you need it. 011 IS 000117So300 1 OCDAP02_ParticiwnionAgreenient_2022032.5 docx Page a *Note. The software & historical Imagery access will be for two years. building Footprint Update Eagle will update Orange County's existing building footprint layer (from UCDAP Cycle 1) that consists of 685,354 buildings with the County Boundary which covers an area of 871 square miles. The building that have been updated or are new buildings since your existing dataset was created will Include a building height attribute. We will utilize the 2022 stereo Imagery to update the County's existing building footprint layer, We will only update changes to the building layer, for example, If a building Is no longer present,the existing building footprint will be deleted; If an existing building has changed, Itwill be updated; if there is a new building, It will he newly collected. Building footprints will he delivered In an ESRI shape file format. 2-value/height will be Included. of Imagery Production Pric Traditional orange County coverage/photographed A01 is 871 square miles with the traditional 500. foot buffer. This project will Increase the buffer around the County In the three areas Indicated in Figure 1 below totaling approximately 96 square miles. Resolution will be 3" for the full A01(county and buffer area). Figure 1 M u xs, I 01115000U754Alo 1 OCUAI'02_PrvticlpauonAginumunt_?0�?OSZS.doe.e Page 9 As you know, EngleVlew took year to get the data to the SCAG consortium, Part of the reason Is the Increased A01 size.. We will certainly be able to get it done faster than they could But dellvery could be delayed a while to process an A01 that slze. Camp Pendleton area may be delayed and delivered separately if notable to rece(ve clearance to fly:d the. some time as the rest of the project Thanks, WaW�t Frodu JService Total: High Res. Ortho Historical data stack Software & Footprint update 01) Orange County with buffer (provded)3° In duffer & OC Mountains plus addRions•) $331,214.OD -Aoeemns consist or DOOM Packaged) Software for Nom-GIS customers & training 2) Streaming of Historical Data stack and 3) Building Footprint Update 3 01115-OW I1759.100.1 OCOAI'02_PanfuipatfonAgrcmnent_20220,425(to" Pngc to ATTACHMENT" B" DRANGE COUNTY DATA ACQUISITION PARTNERSHIP (OCDAP) AUTHORIZED USER CONFIDENTIALITY AND NON-DISCLOSUREAGREEMENT (See Following Page) 0111500011759306_I OCUAP02_Pxrlicipatinnr>`nmement 30230825 Jues Page I I ATTACHMENT T3 ORANGE COUNTY DATA ACQUISITION PARTNERSHIP (OCDAP) AUTHORIZED USER CONFIDENTIALITY AND NON -DISCLOSURE AGREEMENT This ORANGE COUNTY DATA ACQUISITION PARTNERSHIP ("OCDAP") AUTHORIZED USER CONFIDENTIALITY AND NON -DISCLOSURE AGREEMENT("NDA") is entered as of _, 20_-by and between [Local Agency Naniej and the undersigned entity ("Authorized User"). I. NV5, a company with offices at 200 South Park Road, Suite 350 Hollywood, Florida 33021-8798 ("NVS"), and the County of Orange ("COUNTY") have entered Into that certain agreement dated November 1 , 2 2 ("Agreement") for the delivery of licensed digital mapping daut kind soRware ("Licensed Products") to the COUNTY. Wider the. Agreement, certain governmental entities, including COUNTY departments and non - COUNTY Authorized Participants, which participate in OCDAP ("OCDAP Member Agencies") shall be granted copies ofor otherwise provided access to the Licensed Products through a Participation Agreement ("Participation Agreement") with the COUNTY, 2. Pursuant to the Participation Agreement and for purposes of ibis NDA, the OCDAP Member Agency includes [Local Agency Name). 3. Pursuant to Section 5 of tine Participation Agreement, Licensed Products may only be accessed or otherwise used by other entities besides the COUNTY, such as OCDAP Member Agencies, OCDAP Member Agencies in turn nmy choose to shoe Licensed Products with other partners, contractors or consultants that use the Licensed Products either at their facilities or for any Project (as defined below). The undersigned ("Authorized User") desires to use the Licensed Products solely for noncommercial use and for purposes no greater than reasonably needed to achieve the objectives oran actual project (`Project"). S. The undersigned Authorized User understands and agrees that the Licensed Products contain trade secret and/or confidential information (`Confidential Information') of Pictometly. Therefore,, by signing this NDA, the Authorized User agrees that it will use, and require any of its authorized employees, agents or consultants 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 in perpetuity. The Authorized User understands and hereby acknowledges that it shall be solely responsible for assuring its autlmorized employees;: agents and consultants comply with the terms of this NDA and shall implement whatever methods it deems necessary to assure such compliance. 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: Enuall: [Local Ageney Nanrel: Signature:..,.. Name: -� Date: Title: 0111.5.aU011759306. I OCDAP02_Particin:aiov\yrermenl_20220825.dnex Page 12 ATTACHMEN•I"'C" ORANGE COUNTY DATA ACQUISITION PARTNERSHIP (OCDAP) CYCLE 2 PARTICIPATION COST SCHEDULE Agency Cost: Aliso Viejo $3,000 Anaheim $6,500 Brea $3,000 Buena Park $3,000 Costa Mesa $3,000 Cypress $3,000 Dana Point $3,000 Fountain Valley $3,000 Fullerton $3,000 Garden Grove $3,000 Huntington Beach $5,000 Irvine $6,500 Laguna Beach $3,000 Laguna Hills $3,000 Laguna Niguel $3,000 Laguna Woods $3,000 La Habru $3,000 Lake Forest $3,000 La Palma $3,000 Los Alamitos $3,000 Mission Viejo $3,000 Newport Beach $3,000 Orange $5,000 Placentia $3,000 Rancho Santa Margarita $3,000 San Clemente $3,000 San Juan Capistrano $3,000 Santa Ana $6,500 Seal Beach $3,000 Stanton $3,000 Tustin $3,000 Villa Park $3,000 Westminster $3,000 Yorba Linda $3,000 County Of Orange $50,000 M W DOC $53,000 OCCOG $20,000 OCF A $58,702 01115-0007593061 OC'L1AP0 _PoiYictipallonAgraumgnl_10?30S2;i dues I'aa¢ 13