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Google Earth City Imagery UpdateTHE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Google Earth -City Imagery Update DATE: April 28, 2009 GIS Coordinator/Analyst Nikki Breitsprecker is recommending approval of a Content Release Agreement that allows Google Earth to use the City's data in order to better the Google Earth product. With more and more people using Google Earth to familiarize themselves with unfamiliar cities and places, it is important to have good quality imagery available in the application. Anyone who has visited the City of Dubuque on Google Earth has seen the poor image quality for the majority of the area. In order to keep Dubuque at the forefront of economic development and future development, the City needs to make our City as accessible as possible to potential businesses and visitors. I concur with the recommendation and respectfully request Mayor and City Council approval. Mi hael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Nikki Breitsprecker, GIS Coordinator/Analyst THE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: Mike Van Milligen, City Manager FROM: Nikki Breitsprecker, GIS Coordinator/Analyst SUBJECT: Google Earth -City Imagery Update DATE: March 16, 2009 BACKGROUND With more and more people using Google Earth to familiarize themselves with unfamiliar cities and places it's important to have good quality imagery available in the application. Anyone who has visited the City of Dubuque on Google Earth has seen the poor image quality for the majority of the area. In order to keep Dubuque at the forefront of economic development and future development, we need to make our City as accessible as possible to potential businesses and visitors. DISCUSSION A colleague referred me to Michael Jones, Data Acquisition Specialist at Google Earth, who sent me Googte's Content Release Agreement. This agreement has been reviewed by Assistant City Attorney Tim O'Brien. In short, the agreement allows Google Earth to use the City's data in order to better the Google Earth product. It also states Google Earth will NOT distribute our data to third parties or end users on a stand-alone basis, which eliminates the possibility of end users or third parties exporting the supplied content into a format compatible with GIS. Firms or individuals wanting to use our data in their GIS applications will still need to contact the City of Dubuque for either the purchase or sharing of our geographic information. Mr. O'Brien also verified that our current imagery is owned by the City and that we are at liberty to make this data available to Google Earth if we so choose. Mr. Jones also informed me that Google accepts more than just imagery. Other file types we could consider releasing to them would include our digital terrain model (DTM) (for 3D viewing), 3D buildings, address points, points of interest, road centerline, bike routes, and transit data. At this point, I think it would best serve the City to allow Google Earth access to our 2007 imagery and our road centerlines. This would significantly improve Google Earth's mapping of the City and the surrounding area. There is no cost to the City to provide this information to Google. There is also no cost to Google to obtain our information. It is a mutually beneficial partnership that lets Google Earth improve its data and the City to improve its accessibility to the rest of the world. Pending the City Council's approval, I would continually work with Google Earth to maintain partnership in posting the City's most recent aerial imagery. The imagery, once received by Google, should be posted within 4 months. ACTION REQUESTED respectfully request the City Council's approval to allow the City of Dubuque to work with Google Earth in posting our imagery on their Google Earth mapping application. CC: Public Information Officer Randy Gehl Information Services Manager Chris Kohlmann Assistant City Attorney Tim O'Brien Att: Content Release Form Google CONTENT RELEASE AGREEMENT This Content Release Agreement (the "Agreement") dated as of March 16, 2009 (the "Effective Date"), is agreed to by The City of Dubuque, IA, a city government with its main office located at 50 W 13'x' Street, Dubuque, IA 52001("Licensor") 1. DEFINED TERMS. As used in this Agreement, the following terms shall have the following meanings: a. "Content" shall mean the geographic information and specifications as set forth in Exhibit A. b. "Image Server" means the integrated computer hardware and software system owned by or otherwise under the control of Google Inc. that contains all or any part of the Content. c. "End User" means any individual, groups of individuals, corporations, affiliates, syndication partners, API partners/users, associations and government entities/agencies and any other existing or potential End Users of Google and Google applications. d. "Derivative Product" means any product or service created or developed by or at the expense or on the initiative of Google derived from the Content. 2. LICENSE GRANTS AND RESTRICTIONS a. Licensor hereby grants to Google anon-transferable, non-exclusive, world-wide perpetual license to copy, reproduce, web host, publicly display, publicly perform, publish, print, transmit and create and sell Derivative Products via Google's Image Server containing the Content to End Users. b. Google agrees to not distribute the Content to third parties or End Users on a standalone basis or allow End Users to export the Content from the Derivative Product in GIS format 3. LIMITED WARRANTY. a. Licensor warrants that (i) it has the full authority to enter into this Agreement; and (ii) the Content delivered correspond to the applicable specifications set forth herein, if any. Since not all errors in the Content can or need be corrected, Licensor does not warrant that the Content will be error free, nor that the Content will meet Google's requirements, will operate in combinations selected for use by Google or that the use of the Content will be uninterrupted or error free. 4. LIMITATION OF LIABILITY a. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH THIS AGREEMENT FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR RELIANCE DAMAGES (OR ANY LOSS OF REVENUE, PROFITS, OR CONTENT), HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER LEGAL THEORY, WHETHER FORESEEABLE OR NOT AND WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOT WITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (B) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT TO THE OTHER, ITS SUCCESSORS AND ASSIGNS FOR ANY DIRECT DAMAGES EXCEEDING THE TOTAL AGGREGATE AMOUNT OF $0. BOTH PARTIES AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK AND ARE REFLECTED IN THE FEES (IF ANY) AGREED UPON BY THE PARTIES. Licensor has agreed to the terms hereof and has caused this Agreement to be signed and delivered by its duly authorized officer or representative. LICENSOR By: Printed Name: Michael C. Van Milligen Title: City Manager 2 EXHIBIT A Content [Enter Content information and specifications) For Imagery: -Start and end date(s) of imagery ~yyyy/mm/dd] to ~yyyy/mm/ddJ -Pixel resolution of imagery -Data format -Total size of files -Complete projection information For Vector: ESRI Shapefile with associate (.prj) projection file(s) or other agreed upon format(s) Delivery Media FTP and/or Firewire drive