HomeMy WebLinkAbout121817_ca02CABS
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Assessor's Office
Jeff Chapman, Assessor
DATE: 12/12/2017
SUBJECT: NAIP Flight Imagery
STATEMENT OF ISSUE:
Review Contract with Washington Technology Solutions for NAIP Flight Imagery.
ANALYSIS:
This is a cooperative purchase of $6,000 per year for a 3 year term to get the most updated
imagery available from Washington Technology Solutions.
RECOMMENDATION:
Approve Contract with Washington Technology Solutions for NAIP Flight Imagery.
REVIEWED BY:
Philip Morl; County Administrator Date
0,WaTech,
SERVICE LEVEL AGREEMENT
Statewide Imagery Services Contract w/ State & Jefferson County
Local Government 7 Imagery Consortium Contributing Member
CTS Service Level Agreement Number: 2018-001
CTS Customer Service Agreement Number: 8160-0
WaTech/CTS Vendor Contract Number: 17-088
1. Purpose
This Service Level Agreement Number 2018-001 (SLA) is executed by the Washington State
Consolidated Technology Services (CTS), hereinafter referred to as Washington Technology
Solutions (WaTech) and Jefferson County. Pursuant to the terms and conditions of Customer Service
Agreement Number 8160-0 (CSA), the parties acknowledge they have read and understand the terms and
conditions therein and by this reference incorporate those terms in this SLA. All rights and obligations
of the parties shall be subject to and governed by the terms of the CSA and the SLA. This SLA sets
forth the obligations of the parties with respect to WaTech's provision of Statewide Imagery Services to
the Customer.
2. Term and Termination
The term of this SLA is effective upon the date of execution by both parties and shall remain in full force
and effect until April 30, 2020, unless extended upon written mutual agreement between the parties or
terminated as specified below.
Either party may cancel or terminate this SLA pursuant to the terms of the CSA or upon 10 business
days' written notification to the other party. In the event the CSA is terminated, this SLA shall also
terminate on the CSA termination date.
3. Scope of Work
CTS shall furnish the access to the Web based services, and a hard copy of the applicable
State/County/City specific data and otherwise do all things necessary to make access to the data and
service possible as defined in the Technical Specification and Requirements (Schedule B) and subject to
the End User License Agreement (Schedule A).
4. Pricing and Service Fees
The total dollar amount expended under this SLA shall not exceed $6,000 per year for (3) three years.
5. Billing and Invoices
Billing and invoicing will be handled by Consolidated Technology Services and invoiced yearly using the
Customers assigned Consolidated Technology Services Account Code.
6. Service Level Agreement Changes
This SLA may be modified at any time upon mutual written agreement of the parties. All such
modifications will be made as an amendment to the SLA and will take precedence over the original SLA.
7. Order of Precedence
If there is a conflict between this SLA and the CSA, the conflict will be resolved by giving precedence
first to this SLA and then to the CSA.
Consolidated Technology Services Page 1 of 10 1 Jefferson County
Valtus and Imagery Services CTS Service Level Agreement: 2018-001
OLIO CTS Customer Service Agreement: 8160-0
10.
8. SLA Management
Unless otherwise indicated, all correspondence regarding this SLA should be directed to:
9. Termination for Convenience
Either CTS/WaTech or Jefferson County may terminate this Contract, including all Statement(s) of Work
if applicable, in whole or in part, by fourteen (14) calendar days' written notice to the other party. If this
SLA is so terminated, Jefferson County is liable only for payments required by the terms of this SLA or
any SOW for Services received and accepted prior to the effective date of termination.
Authorization/Acceptance
This SLA and the CSA constitute the entire agreement between the parties and supersedes all other
communication, written or oral, related to the subject matter of this SLA. Customer hereby authorizes
Primary Contact Name:
Jeff Chapman
Primary WaTech Contact Name:
Joanne Markert
Title: Jefferson County Assessor
Title:
Program Manager
Address: P. O. Box 1220
Address:
1500 Jefferson
Port Townsend, WA 98368
Olympia,
WA 98501
Phone: 360.385.9105
Phone:
360.407.8691
E -Mail: jchapmanL&co.jefferson.wa.us
E -Mail:
joanne.markert(&ocio.wa.2ov
CTS to perform the services described herein. The Parties hereby acknowledge and accept the terms and
conditions of this SLA.
IN WITNESS WHEREOF, the parties have executed this Service Level Agreement.
APPROVED
State of Washington
Consolidated Technology Services
OCIO
Signature
Print or Type Name
Title
APPROVED
Jefferson County
Date Signature
Print or Type Name
Date Title
Approved as to Form by the Office of the Attorney General
Date
Date
Agproved as to form:
(F--F-'�"�r� Date:�� 07
Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
Jefferson County Prosecuting Attorney's Office
Consolidated Technology Services Page 2 of 10 Jefferson County
Valtus and Imagery Services CTS Service Level Agreement: 2018-001
OCIO CTS Customer Service Agreement: 8160-0
Schedule A
End User License Agreement
END USER LICENSE AGREEMENT
VALTUS IMAGERY SERVICES, a division of North West Geomatics Ltd.
Please read the terms and conditions provided below carefully. By using the Imagery or the Services, you
acknowledge that you have read this agreement and agree to be bound by its terms and conditions.
Valtus Imagery Services, a division of North West Geomatics Ltd., ("Valtus") is the owner or
licensee of intellectual property rights (including without limitation copyright) in the imagery (the
"Imagery") made available or accessible by use of the online services provided by Valtus (the "Services")
to the customer using the Services and/or identified on the signature block below (the "Authorized End
User"). Conditioned upon compliance with the terms and conditions of this Agreement, Valtus grants to the
Authorized End User a non-exclusive, non -assignable and non -transferable license to use for the
Authorized End User's internal business purposes the Imagery and/or Services for which the Authorized
End User has paid the required license fees.
The Imagery is licensed, not sold, to the Authorized End User. No ownership rights are transferred
to the Authorized End User. The Imagery and Services may only be used internally by the Authorized
End User or externally by individual users authorized in writing by Valtus or its Authorized Partner (the
"Partner") through which Authorized End User is licensing the Imagery, and not by any other party, whether
or not affiliated with the Authorized End User. If the Authorized End User is a federal, provincial, state or
local government agency, the Imagery is licensed solely to the particular agency and not to any other
government agency unless explicit authorization has been received from Valtus.
No part of the Imagery, the Services or products derived therefrom, or any right granted under this
Agreement may be copied, sold, rented, leased, lent, sub -licensed, disclosed, or transferred to any other
person or entity. The Authorized End User shall not use any part of the Imagery or the Services to develop
or derive any other product or service for distribution, disclosure, or commercial sale, whether by hardcopy,
digital medium or web service, without a license specifically authorizing it to do so, with the understanding
that no such right is granted under this Agreement. The Authorized End User acknowledges that the
Imagery and Services contain and embody proprietary materials, valuable data, trade secrets, and
copyrights of Valtus and its licensors and suppliers. Unauthorized reproduction, modification, distribution,
or display of the Imagery or the Services in whole or in part, and in any manner not expressly authorized in
this Agreement are prohibited. The Authorized End User shall keep confidential and use its best efforts to
protect the Imagery and the Services and prevent their unauthorized disclosure or use.
The Authorized End User shall immediately notify Valtus upon discovering evidence of a current
or threatened misuse or unauthorized use or disclosure of the Imagery or Services by any p a r t y. The
Authorized End User may not modify, distort, disassemble, decompile or in any way attempt to reverse
engineer the Services or any software provided as part of the Imagery or the Imagery itself.
The Authorized End User may not transfer the Imagery to or store the Imagery or the Services in
any electronic network for use by more than the number of users authorized in writing by Valtus or the
Partner through which Authorized End User is licensing the Imagery, unless it obtains prior written
permission from Valtus and pays associated additional fees.
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Valtus and Imagery Services CTS Service Level Agreement: 2018-001
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THE IMAGERY AND THE SERVICES ARE PROVIDED "AS IS," AND VALTUS MAKES
NO WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UPTIME,
ACCURACY, OR NON- INFRINGEMENT. IN NO EVENT WILL VALTUS BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL A N D OR OTHER SIMILAR DAMAGES,
HOWEVER CAUSED, THE AUTHORIZED END USER UNDERSTANDING AND
ACKNOWLEDGING THAT ITS SOLE REMEDY UNDER THIS AGREEMENT IS TO REQUIRE
VALTUS TO REDELIVER THE IMAGERY REQUESTED BY THE CUSTOMER. IF THE
FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY FOR ANY
REASON IS UNENFORCEABLE OR INAPPLICABLE, THE AUTHORIZED END USER AGREES
THAT THE AGGREGATE LIABILITY OF VALTUS SHALL NOT EXCEED THE LICENSE FEES
PAID BY THE CUSTOMER TO VALTUS WITH RESPECT TO THE IMAGERY OR THE SERVICES
AT ISSUE.
The Authorized End User agrees that the limitations of liability and disclaimers set forth herein will
apply regardless of whether the Authorized End User has accepted the Imagery or any other product or
service delivered by Valtus. The Authorized End User acknowledges and agrees that Valtus has set its
prices and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of
liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk
that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form
an essential
basis of the bargain between the parties.
This agreement will terminate automatically without notice, and all access to the Services and
the Imagery will be terminated, if the Authorized End User fails to comply with any term of this
Agreement. In the event of termination, the Authorized End User must immediately return the Imagery to
Valtus or destroy it and certify this destruction in writing to Valtus.
This Agreement is the complete and exclusive statement of the understanding between the
Authorized End User and Valtus with respect to the Imagery and the Services and may be amended or
modified only in a written instrument signed by a duly authorized representative of both parties. If any
provision is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall
continue to be valid and enforceable. Without the prior written consent of Valtus, neither this Agreement
nor any of the rights granted by it may be assigned or transferred by the Authorized End User. This
restriction on assignments or transfers shall apply to assignments or transfers by operation of law, as well as
by contract, merger or consolidation.
It is THE CUSTOMER'S RESPONSIBILITY to ensure that its use of the Imagery and Services
complies with these terms and to seek prior written permission from Valtus for any uses not expressly
permitted or not specified in this Agreement.
IN WITNESS WHEREOF, the Authorized End User, intending this Agreement to be effective as of
the earlier of (i) the date set forth below and (ii) the date the Authorized End User commenced use of the
Services or the Imagery, has caused this
Agreement to be executed by its duly authorized representative.
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Valtus and Imagery Services CTS Service Level Agreement: 2018-001
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The Addendum
Outlined within this Addendum are the Special Terms and Conditions which are granted to Consolidated
Technology Services with regards to the End User License Agreement.
A. Special Terms and Conditions
1) Consistent with Consolidated Technology Services' provider status pursuant to RCW 43.105, the
following entities shall be allowed access licenses without limits on the number of license seats;
a. All State Government Agencies
b. All County -level governments
c. All Municipal (city) governments
d. All Public Safety Answering Points (PSAP)
e. Tribes
f. Any commercial firm or organization holding an active contract to conduct work on behalf of
the entities listed above.
2) Authorized users shall be allowed to develop and publish, not for monetary gain, publicly available
web applications which utilize Ortho -Imagery or web map service(s), in a view -only mode with no
download capability. Except as otherwise provided in this Addendum, the Authorized users shall comply
with the End User License Agreement.
3) Authorized users shall be allowed to print and distribute, not for monetary gain, hardcopy format maps
that display the Ortho -Imagery. Authorized users may not transfer or assign this right.
4) Consolidated Technology Services has the right to use hard copy licenses and web services during a
contract period subject to terms and restrictions. The 2015/2016 hard copy product will enter into a
perpetual license upon the execution of an amendment extending the term of this contract for the second
optional one-year extension. The 2017/2018 hard copy product will enter into perpetual license contingent
upon the execution of an amendment for the second optional one-year extension of a subsequent contract
if the parties execute one. Perpetual licenses are subject to the same terms and restrictions. At the end of
the contract period, web services will no longer be provided and Consolidated Technology Services has
rights to all hard copy perpetual licenses and is required to destroy non -perpetual licenses.
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Valtus and Imagery Services CTS Service Level Agreement: 2018-001
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Schedule B
Technical Specification and Requirements
Specifications
Minimum Requirements
Source Imagery
12 -inches statewide Ortho -Imagery
Resolution
6 -inch Ortho -Imagery in urban areas with populations greater than 50,000.
Current Age of
June- September 2015 for 1 ft. statewide imagery
Exiting
Most current 6" imagery presently available for
Imagery
WA
Planned Imagery
• Statewide 1 ft. (in 2017 or 2018 — June thru September
Capture Periods
capture) (single vintage and consistent leaf on status)
(minimum)
. 6" Urban Area Ortho -Imagery — list areas of state planned to be flown
and tentative dates
Ortho-
• 2 - 3 yrs. statewide refresh (2015, 2017or 2018) of 1 foot Orth -Imagery
Imagery
— state cycle
Refresh Cycle
. Continuous 12-24 month urban area refresh of 6 inch imagery — state cycle
On Premise Access
1 copy of imagery data to be provided to CTS for distribution to entities for
to Data
on- site hosting for organizations without or with limited bandwidth
Color IR & RGB
Includes 4 -band Ortho -Imagery
1 ft. Imagery
All well-defined points tested shall fall within 6 meters
Horizontal
of true ground at a 95% confidence level
Accuracy
FGDC Metadata
The metadata provided with the individual vintages of V and 6" imagery
Access
Requirements
Government Users
All Washington State Agencies, all County and City Governments, all Public
S a f e t y and Municipalities (PSAP, Water & Fire District) and Tribes that
contribute will have access to the data.
Government
Any commercial firm doing work on behalf of the above governmental entities
Contractors
can have access to the data for the duration of that contracted work and will be
required to remove any and all data upon completion of their service contracts.
Service Level Agreements must be signed, with duration terms define, by
funding contributors & their contractors.
Online Access
Both 1 foot & 6 inch imagery will be available via Valtus online service portal
in its natively, stored format.
Data Delivery & Use
Requirements
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Standard Single delivery of l' imagery in WA State Plan Coordinates — South Zone once
Hardcopy Format per vintage (e.g. 2015 and 2017 or 2018) for statewide imagery.
& Delivery
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Valtus and Imagery Services CTS Service Level Agreement: 2018-001
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WSPC — SZ HARN
Note: WA State will re -project the 1 ft. data for counties that reside in
North Zone.
Single delivery of 6" imagery in WA State Plan Coordinates — Zone
appropriate once per vintage at the start of each contract year.
Cost
Requirements
Subscription /
Yearly subscription cost will not exceed $235,000 per year including all taxes and
Data Renewal
fees.
Cost
Online
Access to the imagery online data service is renewed on an annually base. Users
Streaming
will access the vendor 6 inch imagery via a single named user account set up
Service from
based on the subscription type:
Vendor
• Single user named account
• County/City/Agency user named account
Service Years
Year 1=Mar 1, 2017 to Mar 31, 2018
Year 2 = Mar 1, 2018 to Mar 31, 2019
Year 3 = Mar 1, 2019 to Mar 31, 2020
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Valtus and Imagery Services CTS Service Level Agreement: 2018-001
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Scope of Service
Introduction — This scope of service describes the deliverables as outlined in the Valtus response to the
Request for Information submitted to Consolidated Technology Services (the Client) in June 2016.
Deliverables:
1. Physical delivery of the Hexagon Imagery Program Washington state-wide Ortho -Imagery dataset. The
Hexagon Imagery Program dataset is comprised of the following;
a. 4 band (RGBN) Ortho -rectified aerial imagery
b. 30cm resolution for Wide Area Coverage (rural areas)
c. 15cm resolution for Urban Area Coverage (areas greater than 50,000 population, but also
includes Olympia, WA)
d. Wide Area Coverage is of 2015 vintage
e. Urban Area Coverage is of 2016 vintage
Physical delivery to be made on Internal drive(s) in one projection/coordinate system and one file format of
the Client's choice —To Be Determined
2. In addition, the Client will also receive access to the entire state-wide Hexagon Imagery Program data via a
raster streaming service. The service is currently served through WMS/WMTS protocols. This may be used
in any and all software applications possessed by the Client that have the ability to ingest the service via the
aforementioned protocols. This service will be available 24 hours a day, 7 days a week, throughout the
subscription year.
3. Extended licensing terms applicable to both the physical delivery and streaming service, as per the
attached End User License Agreement set out at Schedule A.
Access to the Valtus Client Account Administration Tools for management of users within the account and
usage of streaming service reporting.
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