National Geospatial Advisory CommitteeNational Geospatial Advisory CommitteePartnerships SubcommitteeDecember 2, 2009

Partnership Subcommittee Progress ReportSubcommittee Members:Jerry Johnston (co-chair), Gene Schiller (co-chair), Bull Bennett, Michael Byrne, Dick Clark, Don Dittmar, Randy Johnson, Barney Krucoff, Timothy Loewenstein, Charles Mondello, John Palatiello

Purpose: Develop recommendations to facilitate productive Federal / State / Local / Tribal / Academic / Private partnerships to facilitate the efficient and effective advancement of the National Spatial Data Infrastructure (NSDI). *

Partnership Subcommittee AgendaIntroduction (Jerry)Legal Framework (Jerry)Review of national situation from NCPPP paperWhat we have learned about FloridaNext stepsData Licensing Survey (Charlie)Model partnerships in support of Parcels for the Nation (Barney)Conclusion / Wrap UpNext StepsParcels: Where do we go from here?Legal FrameworkEnlisting the help of experts (OGC, DOI attorneys)Extending legal research to additional states*

Partnership Subcommittee Progress ReportPlanned Activities/Next Steps From Summer 09 Mtg:Extracted key information from submittals (continued)What Works Preliminary(see Attachment C: NASCIO Keys to Collaboration: Building Effective Public-Private Partnerships) (see Attachment D: A Survey of PPP Legislation Across the United States)Establishment of favorable legislative, regulatory, and executive policy and procedure (OMB Circular) framework for creative partnership investmentsImplementation of an integrated contractual framework to allocate risks among the partners, public and private in an equitable mannerDevelop a model with the private sector to highlight benefits to all groupsActive engagement with political, staff and community stakeholders (need champions)*

Legal FrameworkNCPPP FrameworkDefinitionsMore or less sustainable cooperation between public and private actors in which joint products and/or services are developed and in which risks, costs and profits are shared. (SP Osborne, Public and Private Partnerships: Theory and Practice in International Perspective)An agreement between a federal, state, or local agency (public entity) and a private sector organization objective is to leverage the collective expertise and resource to positively impact an issue that benefits the public both organizations equally share the risk and reap the reward (US Chamber of Commerce)A contractual agreement between a public agency and a private sector entity skills and assets of each sector are shared for the use of the general public shared risks and rewards (National Council for Public Private Partnerships)*

Legal FrameworkFlorida Legislation of RelevanceFS 119 Public RecordsEnsure documents, etc. are available for open reviewPotential issues with license restrictions on dataTrade secrets / confidential business information vs. full metadataFS 472 Land Surveying and MappingPartners need to comply by being licensed to practice land surveying and mapping in FloridaFS 286.011 Public Business (Sunshine Law)Has been applied to meetings of staff involved with evaluating proposals. Need to avoid disclosure of proprietary materials collected in RFP process.FS 287.055 Consultants Competitive Negotiations Act

*

Legal FrameworkExisting Florida PPPs for GeospatialPrimarily purchase of licensed dataFLDOT: Unified Basemap projectDeveloped partnership with Navteq, licensed data for all levels of government (State / Local)Corrections and Updates fed from government back to NavteqNot yet fully implementedFlorida Power and Light / Dade CountyGeospatial data sharing, sounds like it hasnt worked out well

*

Partnership Subcommittee Progress ReportPlanned Activities/Next Steps From Summer 09 Mtg:Extracted key information from submittals (continued)What Works Preliminary(see Attachment C: NASCIO Keys to Collaboration: Building Effective Public-Private Partnerships) (see Attachment D: A Survey of PPP Legislation Across the United States)Establishment of favorable legislative, regulatory, and executive policy and procedure (OMB Circular) framework for creative partnership investmentsImplementation of an integrated contractual framework to allocate risks among the partners, public and private in an equitable mannerDevelop a model with the private sector to highlight benefits to all groupsActive engagement with political, staff and community stakeholders (need champions)*

Partnership Subcommittee Progress ReportPlanned Activities/Next Steps

Leverage existing Private Govt Public Models Identify with how licensing as well as ownership of data can drive utilization and government/private/public benefit*Public

Action: Develop a model with the private sector to highlight benefits to all groups

As a subset of the actionUnderstand the needs of constituents in the partnership Engage our constituents optimallyA survey was implemented to assess the key issues on data licensingUnderstand license versus ownership by segmentUnderstand if partnerships are considered beneficial

Snapshot of RespondentsPlease indicate whether the questions answered throughout this questionnaire primarily reflect your own particular views, or those of the organization you work for.Answer optionsPercentCountMy own particular views82.6%294The views of my organization17.4% 62

Survey Results on Public Private PartnershipsAs a user or provider of geospatial data, what percentage is owned versus license data? (must sum to 100%)

Answer optionsResponseResponseResponseAverageTotalCountOwned77.7721,542277Licensed34.217,458218

PublicPrivateAcademicNote scale difference 90% versus 80% maximum

Survey Results on Public Private PartnershipsIs Ownership versus license a key decision factor in the sale or purchase of your geospatial data?

Answer AllPercentCountYes49.9%173No50.1%174

PublicYesPrivateYesAcedmYes

Survey on Public Private PartnershipsIf sold or procured using a license agreement, what are the key features of the agreement (choose all that apply)?

Answer optionsALL ResponsesPercentCountOpen/No Restriction51.8%116Limited/Use Restriction45.1%101Redistribution/Resale24.1%54Annual License14.7%33Multi Year License12.1%27Perpetual License19.6%44Seat License10.3%23Site Wide License12.9%29Corporate License13.4%30Continuous Updates13.8%31PublicPrivateAcademic

Survey Results on Public Private PartnershipsHave you ever been involved with a project where third party funding from Federal, State, Local or the Private sector has been utilized to support geospatial content?

Partnership Subcommittee Progress ReportPlanned Activities/Next Steps From Summer 09 Mtg:Extracted key information from submittals (continued)What Works Preliminary(see Attachment C: NASCIO Keys to Collaboration: Building Effective Public-Private Partnerships) (see Attachment D: A Survey of PPP Legislation Across the United States)Establishment of favorable legislative, regulatory, and executive policy and procedure (OMB Circular) framework for creative partnership investmentsImplementation of an integrated contractual framework to allocate risks among the partners, public and private in an equitable mannerDevelop a model with the private sector to highlight benefits to all groupsActive engagement with political, staff and community stakeholders (need champions)*

Partnership Subcommittee AgendaConclusion / Next StepsParcels: Where do we go from here?Make Full Survey results sliced by different dimensions available on NGAC Communications websiteLegal FrameworkEnlisting the help of experts (OGC, DOI attorneys)Extending legal research to additional states*

How a theoretical public-private partnership for parcels and addresses might work

No Barrier to EntryNatural MonopolyMass Consumer MarketTraditionalEmergingPrivate Sector LeadMap Wiki Creative CommonsPublic Sector LeadPublic/ Private UtilityWhere Do Various Data Layers Fit?TopoStarbucksLocations*NSGIC Annual Meeting, Barney Krucoff*

No Barrier to EntryNatural MonopolyMass Consumer MarketTraditionalEmergingPrivate Sector LeadMap Wiki Creative CommonsPublic Sector LeadPublic/ Private Utility*Barney Krucoff, NSGIC Annual Conference, 10/6/05*

No Barrier to EntryNatural MonopolyMass Consumer MarketPrivate Sector LeadMap Wiki Creative CommonsPublic Sector LeadPublic/ Private UtilityPublic Private Utility Model in More DetailCashDataDiscounts/Licenses*NSGIC Annual Meeting, Barney Krucoff*

Public SideThe lead federal agency:Advertises a competitive RFP to license a national parcel map. All governments (federal, state, local, tribal) are licensed to use the data per the RFP. Commercial rights are retained by the winning bidder(s).Select winner(s) based on best value.

Private SideThe winning entrepreneur(s) must:Establish a cloud computing service and assemble all parcels into a national map and database. (see Dr. Sean Ahearn, parcel spec presentation to NGAC.)Pay communities that are legal custodians of parcels ($0.?0 / year / parcel). This includes communities that already put their data in the public domain. Further subsidies may be paid for rural areas & public lands. Dont pay communities that dont meet specifications, schedules or withhold distributions rights. Where communities withhold distribution rights, create the data from public records. Make money. Use/enforce the commercial rights to distribute national parcel data. This franchise is intended to allow bidders to in turn lower the price paid by the Federal government.

Problems Addressed by the Partnership

ProblemSolutionGovernment cant afford nationwide parcelsGet some cash from Internet media firms + enough public cash to cover rural areas & provide incentivesCurrent system rewards government data sellers over public domain providersEvery eligible government that meets standards gets the same feeLicensed data is sticky, making it hard for various levels of government to work togetherLicense includes government-to-government data sharingFoster competition and innovationGovernment leverages the free market by licensing data

Other considerations

ProblemsSolutionsA 1-to-1 relationship between addresses & parcels is a suburban legendGive users both parcels and addresses so they dont try to substitute one for the otherThis stuff is boring and expensive and few people pay attentionCloud computing approach is efficient and novel enough to get attentionInclude a Wiki/citizen participation componentComments from citizens, real-estate agents, etc are channeled back the community which is the authoritative source of the data.

What other data sets could such a partnership be applied to?

**Private Sector: Pictometry -> point this to Charlie