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#4 Authorize to enter into memorandum of understanding for aerial photography (File Res. #2010-670)Community Development Department Memorandum Date: January 25, 2010 TO: Eric Levitt, City Manager FROM: Duane Cherek, Manager of Planning Services SUBJECT: Action on a Proposed Resolution Authorizing the City Manager to Enter into a Memorandum of Understanding with Rock County for Aerial Photography (File Resolution No. 2010-670). _____________________________________________________________________ Summary In order to facilitate a cooperative approach for the acquisition of new aerial photography and updated ground elevation data for the City, Rock County is requesting that the City enter into a Memorandum of Understanding (MOU) to participate in a countywide effort for a spring 2010 flight. The MOU allows for the benefit of mutual cost savings to be derived from a consortium of participants within Rock County that have agreed to use Ayres Associates, Inc. to conduct a countywide project. By engaging in a multi-jurisdictional project, digital imagery services can be provided at a reduced cost due to economies of scale with this approach. Under this program, the City also remains eligible for state grant funding that would significantly reduce the cost to the City for the project, if awarded. The estimated cost for the City’s portion of the project is $16,800 for digital imagery and $31,500 for topographic data using LiDAR. In November 2009, Rock County submitted a request to the State Department of Commerce for supplemental CDBG funding to be applied to this project. As part of the consortium, updated aerial imagery and topographic mapping information will be provided in formats that are fully compatible with the City’s GIS and engineering CADD software programs. Collecting this data in 2010 is of particular importance because it corresponds with the decennial Census which serves as a critical benchmark for defining the community in that year and providing a basis for moving forward. Department Recommendation The Community Development Department recommends that the City Council adopt Resolution No. 2010-670, which will authorize the City Manager to enter into a Memorandum of Understanding with Rock County to obtain updated aerial photography and elevation data for the City of Janesville as part of a Countywide mapping initiative for 2010. City Manager’s Recommendation The City Manager recommends approval of this resolution. Suggested Motion I move to approve Resolution No. 2010- 670 authorizing the City Manager to enter into a Memorandum of Understanding with Rock County to obtain updated aerial photography and elevation data for the City of Janesville. Background The City of Janesville has a long history of obtaining aerial photographs dating back to 1956 and has conducted a flight encompassing the City to capture this data every five years since 1970. Over the years, aerial photography and topographical base maps which are derived through aerial flights has been an essential tool and resource used by the City for a variety of analytical, planning and development purposes. Beginning in the early 2000’s, this data provided the basis for developing a Geographic Information System (GIS). The information derived from previous aerial photography projects is now outdated and needs to be replaced with current and more concise data being made available through a countywide project to be conducted in the spring of 2010. Rock County, and multiple jurisdictions located within the County, have partnered together to participate in a program to acquire digital aerial imagery and elevation data services as part of a consortium. This approach provides a number of potential benefits to all participants. By partnering together, price reductions for each member can be realized due to economies of scale involved in a larger project. Partnering for the benefit of mutual cost savings will be carried out through a single contract with Ayres Associates, Inc. to acquire orthoimagery and digital terrain model (elevation) data for all of Rock County. The County has also applied for state grant funding assistance to offset the cost of providing these digital mapping services, particularly for acquiring more accurate elevation data using a new technology known as LiDAR. Updated topographical data using LiDAR is proposed for all of Rock County under the project and will play a significant role in floodplain mapping and regulation of development within those sensitive areas. Significant cost savings to each participant and the overall project are expected with the grant award. Rock County has requested that the City of Janesville enter into a Memorandum of Understanding (MOU) in order to participate in this multi-jurisdictional project. The estimated cost for the City’s portion of the project is $16,800 for digital imagery and $31,500 for topographic data using LiDAR. In November 2009, Rock County submitted a request to the State Department of Commerce for supplemental CDBG funding to be applied to this project. The additional funding was made available to counties declared a disaster as a result of the June 2008 flood. While announcement of grant award is not expected until later next month, this project ranks highly on the State’s priority list for funding. The City proposes to use a portion of the funds borrowed in the 2008 note issue for GIS enhancements and funding included in the storm water operating budget to acquire the digital mapping products. A copy of the Memorandum of Understanding is attached which defines the arrangement between Rock County and the City of Janesville. The terms of the MOU are summarized below: ? The City of Janesville and Rock County will participate in a countywide photogrammetric and remote sensing services project to obtain updated aerial photography and elevation data using LiDAR from a spring 2010 flight. Rock County shall enter into a contract with Ayres Associates, and shall serve as the fiscal agent to administer funds from a state grant award. ? Identifies the estimated cost to the City of Janesville and Rock County for digital mapping services. The City’s portion of the cost will be proportionately reduced with the anticipated state grant award and any other cost savings that may be realized through the consortium. ? Allows project services and products to meet the City of Janesville’s specific needs in terms of specifications and deliverables. The agreement with Rock County will enable the City to obtain updated digital mapping information at a considerable cost savings. Because this information will be acquired using uniform technology for all of Rock County, Geographic Information Systems operated by Rock County and the City will become more integrated. These systems serve as an invaluable tool for a variety of economic development activities, comprehensive planning, zoning and code enforcement, floodplain mapping and regulation, public works and private construction projects within each of the underlying jurisdictions. cc: Jacob Winzenz Brad Cantrell MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into between Rock County and the City of Janesville for the benefit of mutual cost savings due to the economy of scale achieved by a spring, 2010 project through Ayres Associates Inc. to conduct a countywide photogrammetric and remote sensing services project. Each party to this agreement will obtain updated Orthoimagery and a Digital Terrain Model (DTM) through LiDAR at less cost than if they contracted for the services independently. Whereas, the parties to this agreement benefited from a countywide orthoimagery and DTM project conducted in the early 2000’s that is the basis for sophisticated Geographic Information Systems operated by Rock County and the City of Janesville. Whereas, the Geographic Information Systems are an invaluable tool used for economic development, comprehensive planning, zoning and code enforcement, flood plain mapping, public works projects, and private construction projects within Rock County and its underlying jurisdictions. Whereas, information derived from the previous orthoimagery and DTM project is outdated and needs to be replaced with current and more concise data that would be derived from the countywide project conducted in the spring of 2010. Whereas, Rock County’s interest in the project is a 12-inch resolution digital orthoimagery for the entire county and a LiDAR derived DTM for the unincorporated areas of the county. Whereas, Rock County has budgeted funds in 2010 for its share of the project not to exceed the following: $54,000 for the 12-inch digital orthoimagery for the entire county. $41,400 for the LiDAR derived DTM for the unincorporated areas of the county. Whereas, Rock County shall serve as the project fiscal agent, shall administer the state grant, if awarded that would offset the project cost for parties to this agreement, shall contract with Ayres Associates Inc. for orthoimagery and a LiDAR derived DTM for itself and the City of Janesville, and shall enter into a Memorandum of Understanding with each underlying jurisdiction in Rock County that wishes to receive detailed orthoimagery and the DTM within its incorporated limits. Whereas, the City of Janesville’s interest in the project is a 6-inch resolution orthoimagery in and contiguous to its incorporated area and a LiDAR derived DTM in and contiguous to its incorporated limits. The attached Exhibit “A” is a map that shows the boundary of the Flight Area under this agreement for orthoimagery and DTM. Whereas, the City of Janesville shall commit to repay Rock County not to exceed the following: $16,800 for the 6-inch digital orthoimagery. $31,500 for the LiDAR derived DTM. Whereas, the “not to exceed” figure is established in contracts with Ayres Associates Inc. for a multi-jurisdictional project in the spring of 2010. Rock County has applied for a state grant to offset the project costs with anticipated award announcement in February 2010. Should Rock County be a successful applicant, it shall proportionally reduce the cost to each local government participating in the project by offsetting local cost with grant funds. Whereas, if there are any additional cost savings passed along to Rock County from Ayres Associates Inc. for the countywide project, those savings shall proportionally reduce the cost to each local government participating in the project. Whereas, Rock County shall notify the City of Janesville in writing of what its actual costs are for the project based on the award announcement and/or additional cost savings. Whereas, the deliverable products called for in this Agreement shall be delivered to the City of Janesville by December 31, 2010 and the City of Janesville agrees to supply a means of data transfer from Rock County, such as an “external hard drive”. Whereas, the City of Janesville shall repay the County its actual costs, not to exceed the figure identified in this Agreement, within 30 days of the date of delivery of the orthoimagery and LiDAR derived DTM to the City of Janesville. Whereas, the City of Janesville shall have the right to prior review and approval over all substantive terms, provisions, conditions, obligations, and language set forth in any agreements between the County and Ayres Associates/AeroMetric who shall be performing the photogrammetric/remote sensing services, as those services relate to necessary deliverables for the City of Janesville portion of the countywide project, in order to assure that the City receives the quality and kind of product and service that the City may find necessary and/or desirable for City purposes and activities; and/or to maintain grant integrity and eligibility. Whereas, the parties to this agreement may use, share or sell information they derive from the project as they deem appropriate. Whereas, this MOU indicates the complete understanding of the parties and its terms may only be modified in a written document signed by both Rock County and the City of Janesville. Now, therefore be it resolved between the parties that they agree to the terms of this MOU as outlined above. Approved by Rock County Resolution __________ adopted on January 14, 2010. Approved by City of Janesville Council Resolution _________ adopted on __________. _____________________________ _____ _______________________ Municipal Representative Date Rock County Representative Date _____________________________ ____________________________ Title Title RESOLUTION NO. 2010-670 A resolution authorizing the City Manager to enter into a Memorandum of Understanding with Rock County to obtain updated aerial photography and elevation data for the City of Janesville. WHEREAS, the City of Janesville and Rock County desire to participate in a countywide photogrammetric and remote sensing services project to obtain updated aerial photography and elevation data provided through a spring 2010 flight; and WHEREAS, the City of Janesville and Rock County recognize that Orthoimagery and Digital Terrain Model (DTM) data can be updated at less cost due to the economy of scale as part of a consortium of participants within Rock County rather than if they contracted for the services independently; and WHEREAS, the City of Janesville and Rock County desire to enter into an intergovernmental agreement (hereinafter Agreement) for the benefit of mutual cost savings achieved by spring 2010 project through Ayres Associates, Inc. to acquire digital orthoimagery services; and WHEREAS, parties to this Agreement benefited from a countywide orthoimagery and DTM project conducted in the early 2000’s that is the basis for sophisticated Geographic Information Systems operated by Rock County and the City of Janesville; and, WHEREAS, information derived from the previous orthoimagery and DTM project is outdated and needs to be replaced with current and more concise data that would be derived from the countywide project conducted in the spring of 2010; and, WHEREAS, Rock County’s interest in the project is a 12-inch resolution digital orthoimagery for the entire county and a LiDAR derived DTM for the unincorporated areas of the county; and, WHEREAS, Rock County has budgeted funds in 2010 for its share of the project not to exceed the following: $54,000 for the 12-inch digital orthoimagery for the entire county $41,400 for the LiDAR derived DTM for the unincorporated areas of the county WHEREAS, Rock County shall serve as the project fiscal agent, shall administer the state grant, if awarded that would offset the project cost for parties to this agreement, shall contract with Ayres Associates Inc. for orthoimagery and a LiDAR derived DTM for itself and the City of Janesville, and shall enter into a Memorandum of Understanding with each underlying jurisdiction in Rock County that wishes to receive detailed orthoimagery and the DTM within its incorporated limits; and, RESOLUTION 2010-670 PAGE 2 WHEREAS, the City of Janesville’s interest in the project is a 6-inch resolution orthoimagery in and contiguous to its incorporated area and a LiDAR derived DTM in and contiguous to its incorporated limits. WHEREAS, the City of Janesville shall commit to repay Rock County not to exceed the following: $16,800 for the 6-inch digital orthoimagery $31,500 for the LiDAR derived DTM; and, WHEREAS, the “not to exceed” figure shall be established in contracts with Ayres Associates Inc. for a multi-jurisdictional project in the spring of 2010. WHEREAS, should Rock County be the successful recipient of a state grant to offset the project costs, it shall proportionally reduce the cost to each local government participating in the project by offsetting local cost with grant funds; and, WHEREAS, Rock County shall notify the City of Janesville in writing of what its actual costs are for the project are based on the award announcement and/or additional cost savings. WHEREAS, the City of Janesville shall repay the County its actual costs, not to exceed the figure identified in this Agreement, within 30 days of the date of delivery of the orthoimagery and LiDAR derived DTM to the City of Janesville. WHEREAS, funding for the City’s portion of the countywide orthoimagery and DTM project is provided through funds borrowed in the 2008 note issue for GIS enhancements and the 2010 storm water operating budget; and WHEREAS, the Common Council finds that entering into this agreement with Rock County to obtain updated photogrammetric data and benefit from mutual cost savings through a countywide project is within the best interest and benefit of the community. NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF JANESVILLE that they hereby authorize and direct the City Manager, City Clerk and his/her designee to negotiate, enter into and execute on behalf of the City of Janesville the attached MOU; and to negotiate, draft, execute, record and file such documents, papers and forms as may from time to time, be necessary and/or desirable to effectuate such agreement and the intent of this resolution as the City Manager may decide; and RESOLUTION 2010-670 PAGE 3 BE IT FUTHER RESOLVED BY THE COMMON COUNCIL that the City Manager and his designees are hereby authorized to take at any time and from time to time whatever other actions and make whatever minor changes to this MOU that the City Manager may from time to time find necessary and/or desirable to effectuate the intent of this resolution. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Community Development Department Prepared by: Community Development Department