HomeMy WebLinkAboutORANGE COUNTY DATA ACQUISITION PARTNERSHIP (OCDAP) (2) NSURANOE NOT REQUIRED
WORK MAY Pl�i}CEEa N-2026-730
CITY CLERK
DATE:SUN a 3 N?P
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 made by and between 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("OCDAP");
WHEREAS, cities and agencies established the first cycle of OCDAP covering the period of July 2020 to June
2022("Cycle I");
WHEREAS,cities and agencies established the second cycle of OCDAP covering the period of July 2022 to June
2024("Cycle 2");
WHEREAS,OCCOG entered or will enter into an Agreement with the County of Los Angeles("County"),which
is the Iead agency for the Los Angeles Regional Imagery Acquisition Consortium("LAR-lAC"),to acquire digital
data for Orange County on behalf of the member cities and agencies of OCDAP;
WHEREAS,the County of Los Angeles("LA County")entered or will enter into an Agreement with Pictometry
International Corporation("Vendor")for Digital Aerial Data("LA County-Vendor Agreement")that will include
Orange County for the Orange County Data Acquisition Partnership Project("Project") deliverables, 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 summer 2026 for the period of July 2026—June 2028("Cycle 3");
WHEREAS, the Parties intend for any funds contributed under this Agreement in excess of the LA County-
Vendor Agreement cost to be allocated toward a cycle four(4)of data capture anticipated for the period of July
2028-June 2030("Cycle 4"), and to execute an amendment to this Agreement or new participation agreement
for Cycle 4;
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 LA County-Vendor Agreement;
WHEREAS,OCCOG is responsible for invoicing the Parties for the Project in Cycle 3;
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.
OCDAP03_ParticipationAgreement 2026033l.doex Page 1
55401,00000\44716492.1
a line-item invoice for those agencies that also receive an annual invoice for OCCOG dues(for OCCOG member
agencies)and Center for Demographic Research fees(34 Orange County cities).OCCOG shall invoice the Parties
in summer 2026.00COG will remit collected payments to LA 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.
The parties further understand and acknowledge that if LA County does not proceed to approve the LA County-
Vendor Agreement,this Agreement shall be deemed null and void and the parties will have no further obligations.
5. Disclosure of Information
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 B,Los Angeles Regional Imagery Acquisition Consortium("LAR-IAC")
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 meet at 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 to the function 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 the Steering and Technical Advisory Committee
will each have one voting member of equal standing and there will be one city representative. In the event
OCCOG does not provide a direct financial contribution that exceeds the STAC membership threshold but
continues to handle the member invoicing, fee collection, and vendor payment, OCCOG will have one
voting member on the STAC. The designees from each Party shall be named 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 LA County-Vendor Agreement.
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 expanses),
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
4CDAP03_ParticipationAgreement_2026033Ldoex Page
55401.0000M44716492,l
SIGNATURE PAGE TO
ORANGE COUNTY DATA ACQUISITION PARTNERSHIP(OCDAP)AGREEMENT
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duty
authorized representatives as of the dates indicated below:
ATTEST:
ennif all,City Ierk „.g`% By Alvaro Nunez,City Mana r
City of Santa Ana City of Santa Ana
LOCAL AGENCY NAME LOCAL AGENCY NAME
- - � Z 2-
Date Date
Approved as to Form: ,4(
,
By Jonathan T.Martinez,Assistant City Attorney By J Ciulla,Chief Innovations Officer
City of Santa Ana City of Santa Ana
LOCAL AGENCY NAME LOCAL AGENCY NAME
Date Date
"A
By
Brian Probolsky,Executive Director
Orange County Council of Govemments
5/28/26
Date
OCDAP03_ParticipationAgreement_20260331-docx Page
55401.00000\44716492.1
ATTACHMENT"A"
DELIVERABLES FOR THE ORANGE COUNTY DATA ACQUISITION PARTNERSI-IIP PROJECT
[See Fallowing Page]
OCDAP03_ParticipationAgreement 20260331.docx Pagel
5540 l.00000\44716492.1
DRAFT SCOPE OF SERVICES FOR CYCLE 3
Section I1. Project Limits Map
1. Traditional Orange County coverage/photographed Area of Interest(AOI) is 811.5 square
miles with the traditional 500-foot buffer. Resolution will be 3" for the AOI (county and
buffer area).
, 3
Los Angeles County,CA
,,WEAGLEVIEW
Cc,a f
,
7
o rs a Ev Cloud Sin wf Four Band-61I Sq Mi9es
Gorlalns minrmawn from CSpenSt�eelMfap,wh,ch,s made—actable nere under Ine Open Database License IO6nLI ap...0e,4 .p mWt py,igN
OCDAP03_Participatioi-Agreement_20260331.doex Page 9
55401,00000\44716492-1
ATTACHMENT B
LOS ANGELES REGIONAL IMAGERY ACQUISITION CONSORTIUM ("I.AR-IAC")
AUTHORIZED USER CONFIDENTIAUTY AND NON-DISCLOSURE AGREEMENT
;THIS FORM APPLIES TO DATA FROM LAR-IAC4,LAR-IACS,LAP-IAC6,LAR-IAC7 AND lAR-IACS)
1. Pictometry International Corp.,dba EagleView,a Delaware company with offices at 25 Methodist Hill
Drive,Rochester,NY 14623 C EagleView"),and the County of Los Angeles C'County'�have entered
into that certain agreement dated December 3,2013,az amended from time to time( Agreemeat'1 for
delivery of licensed digital mapping data and software("Licensed Products")to the County.Under the
Agreement,certain governmental entities C'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, uonconmercial 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 C Confidential Information")of Eagle%liew.
Therefore, by signing this Authorized User Confidentiality and Non-Disclosure Agreement C 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 elffeetive 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. EagleView and the County-acknowledge that the Agreement and certain information and documentation
(collectively, "Records')Wray 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 Eutity
reasonably believe that Records, in whole or in part, axe subject to production cria a valid, properly
submitted Compelled Disclosure Request, the Authorized Entity will promptly notify, County and
EagleView of such request providing five (5) days advance notice prior to producing any of the
requested Records. EagleView 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 r.VJSJ?jW'A expense,shall reasonably cooperate with
EagleView 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 ofthe 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 u7itten
consent,which County may funt need to obtain£roils EagleView.
rjof, floor l z�aa a-i>ti
OCDAP03_ParticipationAgreement 20260331.doex Page 11
55401.00000\44716492.1
ATTACHMENT"C"
ORANGE COUNTY DATA ACQUISITION PARTNERSHIP(OCDAP)
CYCLE 3 PARTICIPATION COST SCHEDULE
Agency Cost
Aliso Viejo $ 6,000
Anaheim $ 13,000
Brea $ 10,000
Buena Park $ 6,000
Costa Mesa $ 10,000
Cypress $ 6,000
Dana Point $ 6,000
Fountain Valley $ 6,000
Fullerton $ 10,000
Garden Grove $ 10,000
Huntington Beach $ 10,000
Irvine $ 13,000
Laguna Beach $ 6,000
Laguna Hills $ 6,000
Laguna Niguel $ 6,000
Laguna Woods $ 6,000
La Habra $ 6,000
Lake Forest $ 10,000
La Palma $ 6,000
Los Alamitos $ 6,000
Mission Viejo $ 10,000
Newport Beach $ 10,000
Orange $ 13,000
Placentia $ 6,000
Rancho Santa Margarita $ 6,000
San Clemente $ 10,000
San Juan Capistrano $ 6,000
Santa Ana $ 10,000
Seal Beach $ 6,000
Stanton $ 6,000
Tustin $ 10,000
Villa Park $ 6,000
Westminster $ 6,000
Yorba Linda $ 10,000
MWDOC $ 50,000
OCWD $ 50,000
Orange County Mosquito $ 6,000
and Vector Control District
OCDAP03_ParticipationAgreement 20260331.doex Page 13
55401.00000\44716492.1