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HomeMy WebLinkAbout5E Cost Sharing and Use of Oblique Aerial Imagery0 PRip� U n; �{,, ``NN6SOt 4646 Dakota Street SE Prior Lake. MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: January 17, 2012 AGENDA #: SE PREPARED BY: Frank Boyles, City Manager PRESENTED BY: Frank Boyles AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A LICENSING AGREEMENT WITH SCOTT COUNTY FOR COST SHARING AND USE OF OBLIQUE AERIAL IMAGERY DISCUSSION: Introduction The purpose of this agenda report is to consider approval of a resolution authoriz- ing the Mayor and City Manager to renew the licensing agreement with Scott County for cost sharing and use of oblique aerial imagery. A copy of the agree- ment is attached. History In 1998, the first cooperative agreement with Scott County was approved to obtain aerial photography. Through that agreement with the County, the City developed a GIS (Geographic Information System) base mapping system. All City depart- ments use this system for various applications. The City most recently partici- pated in an oblique imagery cooperative agreement with Scott County in 2008. Current Circumstances The oblique imagery addressed in this agenda report consists of orthogonal im- ages (overhead), each paired with four oblique angle images (one from each car- dinal direction). It is integrated with the City's current GIS data and tools to meas- ure, identify, annotate and create layouts for printing. Scott County, on behalf of all of the cities in the County, solicited quotes for obli- que imagery and entered into a two -year contract with Pictometry to obtain the photography and coordinating software. Funding Source / Project Partner Annual Amount Scott County $13,755.00 Prior Lake, Savage, Shakopee each $2,700.00 Belle Plaine, Jordan, New Prague, Elko New Market $1,350.00 each Total $27,255.00 The photography flight was performed in the Spring 2011 prior to trees budding so ground features were easily visible and delivery of photography was Fall 2011. Conclusion To be of value, the system must be kept up -to -date requiring periodic photography and base mapping. The partnership with the County and neighboring cities allows more frequent updating of data as well as sharing in the costs to receive informa- tion that can be used by multiple entities and the public through internet connec- tions. ISSUES: Updated oblique photography enables City staff to produce representations of areas of the City requiring investigation, discussion and customer service and pro- vide decision - makers a concise perspective of project areas. It also improves the information available to our citizens. FINANCIAL The City's cost to acquire the photos and software by entering into agreement with IMPACT: Scott County is $5,400 over a two -year period. As in the past, this operational cost will be assigned to the Sewer and Water funds. ALTERNATIVES: 1. Approve the attached resolution as presented. 2. Deny this agenda item for a specific reason and provide staff with direction. RECOMMENDED Alternative #1 MOTION: F# U \ . \?rnvsso'� 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 12 -xxx A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A LICENSING AGREEMENT WITH SCOTT COUNTY FOR COST SHARING AND USE OF OBLIQUE AERIAL IMAGERY Motion By: Second By: WHEREAS, The City of Prior Lake and Scott County desire to update aerial photography for GIS base mapping; and WHEREAS, City staff has identified a need to have oblique imagery and mapping software on workstations across the City computer network; and WHEREAS, Scott County and the City of Prior Lake have prepared a Licensing Agreement acceptable to both parties. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Mayor and City Manager are hereby authorized to enter into a licensing agreement with Scott County for the use of oblique imagery. 3. Funds for this agreement shall be drawn from Sewer Reserve Fund Account # 604- 49450 -303 in the amount of $2,700 in 2011; and Water Reserve Fund Account # 601- 49400 -303 in the amount of $2,700 in 2012. PASSED AND ADOPTED THIS 17th DAY OF JANUARY 2012. YES NO M ser M ser Erickson Erickson Hedberg Hedber Keeney Keene Soukup Souku LICENSING AGREEMENT BETWEEN THE COUNTY OF SCOTT AND THE CITY OF PRIOR LAKE FOR THE USE OF OBLIQUE IMAGERY This Agreement is made and entered into between Scott County, a body politic and corporate under the laws of the State of Minnesota, hereinafter "County"; and the City of Prior Lake, a body politic and corporate under the laws of the State of Minnesota, hereinafter "City". RECITALS: A. The County requires oblique imagery services for augmenting physical field inspections and general property feature verification and analysis for property assessing, development review, transportation studies, Geographical Information Systems (GIS) analysis and other uses. B. The County is contracting with Pictometry International Corp. ( "PIC "), to provide it with oblique imagery services.for land within the County, including areas within Prior Lake. C. The City can benefit from the data and materials developed by PIC for the County and desires to be able to use the materials relating to the Prior Lake and surrounding area. D. The ' County is agreeable to making the oblique imagery materials for the Prior Lake area available to the City subject to certain terms and conditions set forth below. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: 1. SCOPE OF AGREEMENT 1.1. Purpose The general purpose of this Agreement is to establish the terms of cost and benefit sharing in obtaining oblique imagery for areas as described in Schedule D. 1.2. Recitals The recitals set forth are incorporated by reference as if fully set forth herein. 1.3. Cooperation The parties agree to cooperate and use their reasonable efforts to ensure the most expeditious implementation of the various provisions of this Agreement. The parties agree to, in good faith, undertake resolution of any disputes in an equitable and timely manner. 1.4. Term This Agreement shall be in effect from the date of execution by all parties and shall continue in effect until terminated in accordance with the provisions herein. 2. DEFINITIONS Unless the language or context clearly indicates that a different meaning is intended, the following words, terms and phrases, when capitalized, shall have the following meaning: Pictometric Licensed Images Orthogonal and oblique digital images of portions of the earth's surface, captured from airborne platforms using Pictometry's patented and proprietary hardware and software capture system. Community Images A set of views; one view from directly overhead and other views from different oblique angles, each covering an entire Image Sector. Neighborhood Images: A set of overlapping orthogonal and oblique views blanketing the entire sector providing for a higher degree of detail than Community Images. Image Sector: .A portion of an image collection project and defined as approximately one square mile in area. Geographic MetaData: Data supplied by Pictometry that is captured from airborne platforms using Pictometry's patented and proprietary hardware and software capture system. Electronic Field Study: A proprietary software and file structure package that allows for the display, measurement, annotation and analysis of Pictometric Licensed Images. Pictometry Licensed Software: Any proprietary software provided by Pictometry. This includes, but is not limited to, programs such as Electronic Field Study and Change Analysis and program modules such as 911 or GIS integration /interfaces. Image Warehouse: A hierarchical storage system of Pictometric Images, as well as data and elevation models that allows fast, random access by geo- location. Digital Elevation Model: A general definition for a file containing ground elevation data. This may be a digital elevation model, a digital terrain model, or a reflective surface model and is meant to encompass all means of production, including LIDAR and stereo pairs. Licensed Documentation: Written and electronic materials containing instructions and other information related to the use of the Licenses Images and the Licensed Software. 3. PURCHASE OF SERVICES 3.1. County Agreement The oblique imagery services obtained shall be governed by the terms of a separate contract between the County and PIC See Exhibit A 3.2. Non - exclusive Nothing in this Agreement or in the contract between the County and Pictometry International Corp. referenced above shall be interpreted to prohibit either of the parties from purchasing services, products or data directly from the PIC at their own expense. 4. COST SHARING 4.1. Costs The City's share of the costs for the services and products produced as a result of the contract referenced in paragraph 3.1 shall be as follows: City of Prior Lake 2011 - $2,700.00 2012 - $2,700.00 TOTAL $5,400.00 4.2. Fiscal Agent The County shall be the fiscal agent for purposes of this Agreement. PIC shall submit invoices to the County who shall make payment to the contractor. The City shall deposit with the Scott County Treasurer the City's share of the oblique imagery costs within thirty (30) days after award of the contract, or execution of this Agreement, whichever is later. 5. ADDITIONAL OBLIGATIONS OF THE PARTIES 5.1. Contract Manager The County shall be the contract manager for the purposes of the Agreement. All contacts and correspondence with PIC shall be submitted and received through the County. Information received by the County from PIC will be disbursed promptly to the City. 5.2. Ground Control In preparation for PIC providing oblique imagery services, the County shall be responsible for targeting and horizontal and vertical ground control. 5.3. Ownership Ownership of the database shall be held by the County. Scott County shall exercise, on behalf of itself, all rights of ownership, title and control to the database under federal copyright law or other law relating to confidential and /or trade secret information. The parties agree that the development of the database required the skilled efforts of professionals in its design and compilation and that the end product is the result of the original work of the County, its employees and agents. Parties to this Agreement may copy and use data so long as such use is consistent with the terms of this Agreement and for internal purposes only. 5.4. Distribution of Data Data or products obtained under the terms of this Agreement may be sold to persons or entities not party to this Agreement in accordance with the attached Pictometry Contract. The City and its employees, consultants, or agents may combine the data or products obtained under the terms of this Agreement with different data to create new and original electronic or hardcopy product which the City can use without limitation. However, the City and its employees, consultants, or agents shall not reproduce or duplicate the data or products obtained under the terms of this Agreement in electronic form for licensing or distribution in any manner, except it may create a reasonable number of electronic backup copies for its internal use by its employees, consultants, or agents. 5.5. Disclaimer. Distribution of maps created from data obtained through this Agreement shall contain a disclaimer as follows: This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information and data from various city, county and state offices and other sources. This document should be used for reference only. No representation is made that features presented accurately reflect true location. Scott County, the City of Prior Lake, or any other entity from whom data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the Scott County Surveyor's Office or the City of Prior Lake. 6. INDEMNIFICATION The City and County recognize each other as a political subdivision of the State of Minnesota and shall be liable for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. Each party hereby agrees to indemnify, hold harmless and defend the other, its officers, employees or agents, against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the other party, its officers, employees or agents, may sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its officers, employees or agents, in the execution, performance, or failure to adequately perform its obligations pursuant to this Agreement. 7. SUCCESSORS Each party binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this Agreement. 8. DEFAULT Force Maieure No party shall be held responsible for delay or failure to perform when such delay or failure is due to any of the following unless the act or occurrence could have been foreseen and reasonable action could have been taken to prevent the delay or failure: fire, flood, epidemic, strikes, wars, acts of God, unusually severe weather, acts of public authorities, or delays or defaults caused by public carriers; provided the defaulting party gives notice as soon as possible to the other party of the inability to perform. 9. TERMINATION 9.1 With or Without Cause This Agreement may be terminated with or without cause upon thirty (30) days written notice. 9.2. Written Notice of Termination Notice of Termination shall be made by certified mail or personal delivery to the Authorized Representative of the party. Notice is deemed effective upon delivery of the Notice of Termination to the party's Authorized Representative. Notice shall include a certified copy of the resolution of the governing board indicating its intent to terminate the Agreement. 9.3. Effect of Termination Termination of this Agreement shall not discharge any liability, responsibility or right of any party which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. Nor shall termination discharge any obligation which by its nature would survive after the date of A terminating party shall pay its share of the costs incurred for the project through the date of termination. If payment is not made in accordance with the terms of this Agreement, a party shall return all data and information in their possession for which payment has not been made and shall destroy all copies thereof. In the event the County terminates, the County shall refund the City's payment or continue to permit the City to access the data. 10. CONTRACT RIGHTS /REMEDIES 10.1. Rights Cumulative All remedies available to a party under the terms of this Agreement or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 10.2. Waiver The waiver of any default by a party, or the failure to give notice of any default, shall not constitute a waiver of any subsequent default or be deemed to be a failure to give such notice with respect to any subsequent default. 11. REPRESENTATIVES 11.1. Authorized Representative The following named persons are designated the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications and subcontracts, except that (1) as to the County, the Authorized Representative shall have only the authority specifically or generally granted by the County Board; and (2) with respect to the City, the Prior Lake City Manager shall have only the authority specifically or generally granted by the City Council. Notification required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement. City: Frank Boyles Prior Lake City Manager Prior Lake City Hall 4646 Dakota Street SE Prior Lake, MN 55372 Phone: (952) 447 -9801 County: Gary L. Shelton Scott County Administrator 200 Fourth Avenue West Shakopee, MN 55379 Phone: (952) 445 -7750 11.2 Liaison To assist the parties in the day -to -day performance of this Agreement and to develop service, ensure compliance and provide ongoing consultation, a liaison shall be designated by the City and the County. The parties shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement the following persons are designated liaisons: City Liaison: Kelly Meyer Phone Number: (952) 447 -9802 County Liaison: James Bunning Phone Number: (952) 496 -8056 12. MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, and signed by the authorized representatives. 13. SEVERABILITY The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to any party. 14. DATA PRACTICES County and City and their agents and employees agree to abide by the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. 16. RECORDS - AVAILABILITY AND RETENTION The County and City will each maintain complete and accurate records relating to the respective obligations of the parties to this Agreement. Each party shall maintain said records for a period of six (6) years. The retention period shall be automatically extended during the course of any administrative or judicial action involving the parties regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is finally completed. Pursuant to Minn. Stat. Section 1613.06, Subd. 4, the books, records, documents, and accounting procedures and practices of the parties relative to this Agreement shall be subject to examination by the parties and the State Auditor. 16. ENTIRE AGREEMENT This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. SCOTT COUNTY By, Thomas J. Wolf Chair, Scott County Board of Commissioners DATE ATTEST Gary L. Shelton Scott County Administrator CITY OF PRIOR LAKE By Michael Myser, Mayor DATE ATTEST - Frank Boyles, City Manager DATE DATE