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Home My WebLink About20193376.tiffRESOLUTION RE: APPROVE SUBSCRIPTION AGREEMENT FOR VEXCEL IMAGING PRODUCT AND AUTHORIZE CHAIR TO SIGN - THE SANBORN MAP COMPANY, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Subscription Agreement for Vexcel Imaging Product between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Information Technolgy, and The Sanborn Map Company, Inc., commencing upon full execution of signatures, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Subscription Agreement for Vexcel Imaging Product between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Information Technology, and The Sanborn Map Company, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of July, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C.LoRADO ATTEST: ddrhit) C.1 ;gi Weld County Clrk to �Cthe Board BY: Deputy Clerk to the Boar APPRAS unty Attorney Date of signature: 0/07,1'1 ara Kirkmeyer, hair Mice Freeman, Pro-Tem P. Conway f3r- . James Steve Moreno GC m-rcRR/sm) 2019-3376 IT0008 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Sole Source Imagery - Vexcel DEPARTMENT: Information Technology / GIS DATE: 5/22/19 PERSON REQUESTING: Ryan Rose Brief description of the problem/issue: In the summer/ fall of 2018, Vexcel Imaging collected 8" resolution imagery covering approximately 3,900 square miles of Weld County. This specialized product is exclusively offered for resale by the Sanborn Map Company out of Colorado Springs. Weld County wishes to procure this imagery for display on our Property Portal and other maps. The total cost is estimated at $99,125. IT budgeted appropriately to cover this balance in 2019. We wish to purchase the imagey outright, as a sole source contract, from the Sanborn Map Company. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1) Purchase Vexcel imagery as a sole source contract. 2) Search for alternate products. 3) Do not purchase imagery for the property portal in 2019. Recommendation: It is the recommendation of IT/GIS to purchase the Vexcel imaging product from Sanborn as a sole source procurement. Sean P. Conway Mike Freeman, Pro -Tern Scott K. James Barbara Kirkmeyer, Chair Steve Moreno 1 lay Approve Schedule Recommendation Work Session Other/Comments: 2019-3376 CTooc Sanborn April 17, 2019 Jake Mundt Director of GIS and Web Development Department of Information Technology Weld County Government 1401 N. 17th Ave Greeley, CO 80631 tel: 970-400-2521 jmundt@weldgov.com Re: Letter Quotation for 2018 Vexcel Data Product (VDP) Dear Mr. Mundt: Corporate Headquarters 1935 Jamboree Drive Suite 100 Colorado Springs, CO 80920 Phone: 719.593.0093 Toll -Free: 1.866.726.2676 Fax: 719.528.5093 www.sanborn.com On behalf of The Sanborn Map Company, Inc. (Sanborn), it is my pleasure to submit this letter of quotation to you for the project referenced above. Sanborn, an ISO 9001:2015 -certified company, is excited about the opportunity to work with the Weld County Government (the County). You should find our quote complete and compiled in accordance with your request. This estimate is provided by Sanborn for the County's internal use only. Sanborn expressly reserves the right to further revise this quotation if any of the product specifications, deliverables, schedule, etc., requires modification. Sanborn was established in 1866. Headquartered in Colorado Springs, Colorado, it is the country's oldest map company and one of the largest Geospatial firms in the United States. Sanborn's primary business function is providing professional Photogrammetry and LiDAR mapping products and services to public and private -sector organizations around the world. Sanborn has unparalleled depth and technical expertise available to its clients. Sanborn has provided the following quote based upon the scope of services shown below. Statement of Work 2,1 VDP Large -Area Government Aerial Imagery Subscription with VDP Government On -Premises Spatial resolution: 20cm (8 inch) Area of Interest: Approximately 3,900 square miles of Weld County, Colorado. Image depicting AOI is shown below. Quote -Budgetary Estimate Letter Template v3; 11/7/17 Page lof6 Collection timeframe: July and August of 2018 Accuracy: RMSEx/y = 20cm RMSEr = 28cm CE90 = 42cm CE95 = 50cm Final Format: GeoTIFF files for download Data aesthetic: Images are color balanced to minimize perceptible differences in color tones within and between adjacent images. Color balancing results in colors which appear natural to a human observer. Image contrast and brightness shall be adjusted to minimize perceptible differences within and between adjacent images. VDP Government Public Facing Website option Enables subscribers to publish VDP data as a base map on web -based mapping applications hosted by the Subscriber. VDP data is limited to the geographic boundary of the agency and public users can only access the VDP imagery within the web -based map and cannot be downloaded directly. VDP Local Gov Affiliate Access Subscription 12 Provides subscription access for subordinate affiliate government agencies. List of Deliverables Tiled Geo-Tiff files Budgetary Estimate 'h;( (S': �v ,° ;��d :w.,d.`'...,.lvl.. ),:M..:. ,,..' "jd ,A k j •$; ,� .o �.wS:•..�. 'u2:. . ✓ :Y5F �. rnt.� ,•,", .i$'>A - ;. 5 •.^: TFS 3 P '; R � A. .• n ��,•,. .,r j '"S' •.ti '. d 4:�...h yr -y •,,5 ^.� tl.'�n. ��' 7 :w".'q� f. n.. V• ., `"5.. •°C y'"�pp8 r, °�La�'t .. )(�V,``;`' 2�X..°5...' ,t'. �° f y�.R- .," ,3, ..'"fl 'S .C.� .R 'v,W •. .i 0�'t�', d - -,3� J a. • t'1' : iS'' a. A4"✓!. . �n Wy, ..,t s�E?,� 94s_.... off, .o +•X ... i!c.> -s. 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'. ->:� !IA rl ','�:e b0i 1%Y .. \.� he'`�� S7 .� .1. �^ 52" °ni a. • , Mt '; {JF%;�n n 1 '-•CT: i"• �( s "t " SI. r r �i� h'Ca' „ti, ,r.� 'sC: /�, ,, ,s rx - it�a .. a' .}�r !. r„ -, s1 nu^. )aax4,l S Y q,g t/ Y" iad�_ q.SK«. ms,.",..r .t✓�',77.!uAz1S`i'3k: v Delivery within 30 Days of Contract Execution Data Licensing VDP perpetual software license authorizes the customer to use the VDP data subscribed within the terms of the accompanying End User License Agreement indefinitely with buy -ups consisting of: VDP Government On -Premises VDP Government Public Facing Website option VDP Local Government Affiliate Access Subscription Quote -Budgetary Estimate letter Template v3; 11/7/17 Page 2 of 6 Terms Work Authorization: By signing below, Weld County, CO accepts the Sanborn Quotation for Vexcel Data Product (VDP) dated April 17, 2019, acknowledges that it shall be bound by the terms of this Agreement, and confirms that the undersigned is authorized to enter into this Agreement on Weld County's behalf. JUL 2f'2819 Weld County Authorized Represent'ative Date Barbara Kirkmeyer, BOCC Chair If you have any questions, please contact Mr. Jason Caldwell, Vice President of Business Development and Sales, at 719-649-3821 or jcaldwellasanborn.com. Thanks again for the opportunity to respond, and we look forward to serving you in the near future. Sincerely, John Copple President and CEO Enclosures: Vexcel Data Product Subscription Agreement Quote -Budgetary Estunatc Letter Template v3; 11/7/17 020 / — 337 Page 3 of 6 Vexcel Data Product Subscription Agreement THIS END USER SUBSCRIPTION AGREEMENT (THE "AGREEMENT") APPLIES TO YOUR USE OF THE VEXCEL IMAGING US, INC. ("VEXCEL") AERIAL IMAGERY AND ASSOCIATED DATA ("VDP")THAT MAY INCLUDE ORTHOMOSAIC AND MEASURABLE OBLIQUE IMAGERY AND WEB MAP APPLICATIONS AS IDENTIFIED ON A VEXCEL SALES ORDER ("ORDER") ACCEPTED BY VEXCEL ("LICENSED CONTENT"). This Agreement is entered into by Vexcel and you ("Licensee"). By signing or otherwise indicating acceptance of this Agreement or downloading, accessing or using any Licensed Content, you are accepting and agreeing to be bound by this Agreement, as of the date any one of the foregoing activities first occurs (the "Effective Date"). 1.GRANT OF LICENSE. Except as provided later in this paragraph, your license to use the Licensed Content organization -wide, will be limited to the non-exclusive, fully paid -up, royalty -free, worldwide, non -transferable, license to access the Licensed Content solely to access and retrieve images from within the Licensed Content solely for your internal business purposes, and not for any other business or commercial purpose. 2. RESTRICTIONS. Except as provided in Section 1 above, you will not, and you will not allow any third party to: (a) make, copy, modify, store, access, reproduce, or display the Licensed Content, (b) create any derivatives from the Licensed Content whatsoever, including without limitation, via formatting, editing, digitization, and/or data combination; or (b) distribute, sublicense, rent, sell, lease or loan the Licensed Content or derivatives to any third party or display in a public portal; or (c) remove, bypass or circumvent any electronic or other forms of protection measure included on or with the Licensed Content; or (d) alter, obscure or remove any copyright notice, copyright management information or proprietary legend contained in or on the Licensed Content. 3.OWNERSHIP AND ATTRIBUTION. All right, title and interest in and to the Licensed Content, including all intellectual property rights therein, are the sole and exclusive property of Vexcel or its suppliers. All derivatives must include the following copyright notice on or adjacent to the derivative: Title of Licensed Content © YEAR Vexcel Imaging US, Inc. 4.NO WARRANTY AND DISCLAIMER. ALL LICENSED CONTENT IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, Quote -Budgetary Estimate Letter Template v3; 11/7/17 Page 4 of 6 FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON -INFRINGEMENT OR NON - MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION, CONTENT OR RESULTS, OR CONDITIONS ARISING UNDER ANY OTHER LEGAL REQUIREMENT. 5.LIMITATION OF LIABILITY. In no event WILL VEXCEL or its suppliers be liable for ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES AND IN NO EVENT WILL THE TOTAL LIABILITY OF VEXCEL AND ITS SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH THE LICENSED CONTENT EXCEED $1,000.00 USD LICENSED CONTENT. THE FOREGOING LIMITATIONS APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. 6.Term. This Agreement shall continue in force for a subscription period of one year from the Effective Date. Thereafter, the subscription term may be renewed for an unlimited number of successive one-year terms upon mutual consent of the parties. 7.TERMINATION. Vexcel may terminate this Agreement upon written notice to you. You may terminate this Agreement at any time by (a) permanently removing the Licensed Content and derivatives from all devices and systems and destroying any copies on disk, and (b) certifying to Vexcel in writing that all copies of all Licensed Content and derivatives have been deleted or destroyed. Upon termination or expiration of this Agreement, you will (i) stop all uses of the Licensed Content and derivatives; and (ii) if you have not already done so, undertake the actions set forth in subsections (a) and (b) of this Section. The termination of this Agreement does not relieve either party of any obligations that have accrued on or before the effective date of termination. 8.COMPLIANCE WITH LAWS. You are responsible for your own compliance with laws, regulations and other legal requirements applicable to the conduct of your business and this Agreement, and you agree to comply with all laws, regulations and other legal requirements, including, without limitation, all customs and export control laws and regulations. 9.GENERAL TERMS. This Agreement constitutes the entire agreement between the parties with respect to use of the Licensed Content and supersedes all previous and contemporaneous agreements, understandings and arrangements, whether oral or written. This Agreement may be amended or supplemented only by a writing that is signed by both parties. You may not transfer or assign any of your rights or delegate any of your obligations under this Agreement, in whole or Quote -Budgetary Estimate Letter Template v3; 11/7/17 Page 5 of 6 in part and including any transfers by operation of law, without the prior written consent of Vexcel. Any attempted assignment or transfer in violation of this Section will be null and void. Any disputes arising out of this Agreement or the performance of Services will be governed, construed, and enforced in accordance with the laws of the State of Colorado, U.S.A., without giving effect to its conflict of law rules. Each Party consents to the exclusive jurisdiction and venue of the state and federal courts located in Denver, Colorado, U.S.A. This Agreement is drafted in the English language only. English will be the controlling language in all respects, and all versions of this Agreement in any other language are for accommodation only and will not be binding on the parties. Schedule A: Additional Terms Perpetual License: Except for termination for cause, after the Term Vexcel hereby grants to Licensee a nonexclusive, royalty -free, perpetual license to use Licensed Products accessible during the term of this Agreement. Such use shall be in accordance with the provisions of this Agreement, which provisions shall survive any termination of this Agreement. The means by which Licensee shall have access to such Licensed Products shall be through On -Perm data and in form substantially equivalent to the means by which access is provided under this Agreement. On -Premises Data: Vexcel grants Licensee the right to download, store, and access a local "On - Premises" data copy of the Licensed Products for an area defined in an Order during the Term. Upon Termination, Licensee will destroy all copies of the On -Premises data and notify and certify such to Vexcel. Public Facing Website: Vexcel grants the Licensee the right to provide public access ("PFW") to Licensed Products that are defined in an Order subject to the following: • License Products are used as a base map layer, to provide reference, and combined by Licensee with other map layers and information on the PFW, • Such PFW access will be provided through web -based map viewing application hosted on a single domain owned by the Licensee. • License Products cannot be extracted, exported, or otherwise downloaded through the PFW. • Licensee will display Vexcel's copyright and attribution on the PFW. Quote -Budgetary Estimate Letter Template v3; 11/7/17 Page 6 of 6 VEXCEL IMAGING April 11, 2019 RE: Sanborn Map - Exclusive VDP Supplier To Whom It May Concern: This letter confirms that The Sanborn Map Company, Inc. is the exclusive provider of the following products for Weld County, Colorado: • VDP Large -Area Government Aerial Imagery Subscription • VDP Government Public Facing Website option • VDP Government On -Premises These Vexcel Imaging products are protected by and Vexcel Imaging is the owner of copyrights, trademarks, and service marks. Vexcel determines the prices for the above -mentioned products. There is no other items or services available that offers the same geographic coverage and imagery resolution features or functions. The VDP Aerial Imagery subscription provides unique high -resolution (3 inch in urban areas and 7.75 inch in rural areas) covering the United States, and specifically the Weld County area, that Vexcel speculatively collects, processes, and markets. For more information, please feel free to contact me at (585)210-0090 or at rob.carroll@vexcel-imaging.com. Sincerely, Rob Carroll Vexcel Imaging, Director Vexcel Data Program 12503 E Euclid Dr, Unit 20, Centennial, CO 80111 Entity Information Entity Name * Entity ID THE SANBORN MAP COMPANY, INC @00037447 Contract Name* VEXCEL DATA PRODUCT Contract Status CTB REVIEW Contract ID 2946 Contract Lead* JMUNDT Contract Lead Email jmunv*t@co.','.eld.co us ❑ New Entity? Parent Contract ID Requires Board Approval YES Department Project # Contract Description* AGREEMENT AUTHORIZING THE PUCHASE OF IMAGERY FOR THE PROPERTY PORTAL AND OTHER MAPS, CALLED THE 2018 VEXCEL DATA PRODUCT Contract Description 2 Contract Type* CONTRACT Amount* $95,125.00 Renewable* NO Automatic Renewal NO Giant NO IGA NO Department INFORMATION TECHNOLOGY -G S Department Email CM- InformationTechnologyGISCalw eldgov.car^ Department Head Email CM-informationTec hnologyGIS- DeptHead@weldgor.corr County Attorney GENERAL COUNTY ATTORNEY EMAIL. County Attorney Email CM- COUNTYATTORNEY@ ELD GOV CCM Requested BOCC Agenda Date * 07/17/2019 Due Date 07/13/2019 Will a work session with BOCC be required?* N Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date 07,15/2019 Termination Notice Period Contact Information Review Date* D6115;2020 Renewal Date Committed Delivery Date Expiration Date* 07/15v2020 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Approval Process Department Head RYAN ROSE DH Approved Date D7;22/2019 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 07'29/2019 Originator JMUNDT Finance Approver BARB CONNOLLY Purchasing Approved Date Finance Approved Date 07/22,2019 Tyler Ref # AG072919 Legal Counsel BOB CHOATE Legal Counsel Approved Date 07/22120' 9 Submit Hello