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2020-06-11 Work Session Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough Kodiak Island Borough Assembly Work Session Thursday, June 11, 2020, 6:30 p.m. Assembly Chambers Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed when intr oduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal Assembly action are placed on regular Assembly meeting agenda. Citizen’s comments at work sessions are NOT considered part of the official record. Citizen’s comments intended for the “official record” should be made at a regular Assembly meeting. Page 1. CITIZENS’ COMMENTS (Limited to Three Minutes per Speaker) 2. AGENDA ITEMS 3 - 127 a. Contract No. FY2020-19 Aerial Imagery Acquisition. Complete Binder For Contract No. FY2020-19 - Pdf 3. MANAGER COMMENTS 4. CLERK’S COMMENTS 5. PACKET REVIEW Items may be added during the work session for inclusion on the Regular Meeting agenda. The item title needs to be provided/developed at the work session in enough detail to give assembly and public reasonable notice. AWARDS AND PRESENTATIONS PUBLIC HEARING Resolution No. FY2020-23 Reestablishing The Fees For The Kodiak Island Borough UNFINISHED BUSINESS Contract No. FY2020-19 Aerial Imagery Acquisition. (this item was postponed from April 16 Regular Meeting to the June 11 Work Session for further discussion and is scheduled for action on June 18 Regular Meeting NEW BUSINESS CONTRACTS Contract No. FY2020-37 For Purchase Of Front-End Loader For Landfill Contract No. FY2020-38 Animal Control Contract For FY2021 & FY2022 (place holder) Page 1 of 127 Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough Contract No. FY2020-39 Award A Sole Source Contract To Island Trails Network For The Saltery Cove Trail (place holder) RESOLUTIONS Resolution No. FY2020-33 Authorizing Acceptance Of An Alaska Department Of Fish And Game Grant Award ORDINANCES FOR INTRODUCTION Marijuana Edibles - place holder Acceptance Of A United States Fish and Wildlife Hunter Access Grant For Saltery Trail - place holder OTHER ITEMS EXECUTIVE SESSION Borough Manager's Evaluation 6. ASSEMBLY MEMBERS COMMENTS 7. MAYOR’S COMMENTS Page 2 of 127 KODIAK ISLAND BOROUGH STAFF REPORT JUNE 11, 2020 ASSEMBLY WORK SESSION Kodiak Island Borough SUBJECT: Contract No. FY2020-19 Aerial Imagery Acquisition. ORIGINATOR: Erin Welty RECOMMENDATION: This item was postponed from the April 17, 2020 Regular Meeting of the Assembly for further discussion. DISCUSSION: Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority, states that a contract exceeding $25,000 requires Assembly approval. This is a professional services contract with Pictometry International Corp. d.b.a EagleView to acquire aerial imagery of lands within the Kodiak Island Borough over a six year period. Aerial Imagery is utilized by multiple departments within KIB, including but not limited to Community Development and Assessing. Up-to-date, accurate aerial imagery allows current assessment of remote properties while minimizing staff field expenses. Aerial imagery is the base layer for all of our GIS projects and is pushed out to the public on KIB's website for public use along with subdivision and zoning layers and basic assessment data. New imagery has not been collected in the last two years due to lack of a contract. Imagery is collected with flights over the target areas during snow free, pre-leaf out times. Because of this small window, it is essential to approve this contract in a timely manner so that the first collection can commence as soon as area 1 is snow free. Four proposals were received in response to this request for proposal (RFP). Each proposal was accompanied by required imagery samples. Those imagery samples are provided in this packet. Proposals were reviewed by a selection committee consisting of the community development director, the assessing director and the former GIS analyst. At the recommendation of the KIB Attorney, the evaluation and selection criteria were published in the RFP, but a specific breakdown of the points awarded for specific criteria in each category were not published. Proposals were then ranked and scored. The RFP did offer the opportunity for alternative product presentations. The base product costs and the base plus alternative product costs were ranked separately and separate scores were assigned to both. All other criteria were assigned based on the base product proposal. It is important to note that the RFP and evaluation process were thoroughly reviewed by the attorney for compliance with KIB code and state law. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 3 of 127 KODIAK ISLAND BOROUGH STAFF REPORT JUNE 11, 2020 ASSEMBLY WORK SESSION Kodiak Island Borough The contract before you is with EagleView, who was the the successful proposer, and included their oblique imagery alternative product. The oblique imagery allows increased utility of the collected imagery by providing a 4-way view of structures that are captured simultaneously with the orthoimagery. What this allows is for any structures to be viewed from a north, south, east or west angle, showing not just a top down image, but a side view of each structure. This will provide users the opportunity to view add-on structures, such as decks and entries, view the height/story level of a building, as well as allow users to determine the function of a structure (i.e. pole barn vs. garage) which cannot be determined from a top down image. The oblique product also opens the way for the use of aerial imagery for emergency planning techniques, like planned entry. EagleView is a New York based company specializing in aerial imagery with experience in Alaska. They utilize planes owned by JAV Imagery, who only fly for EagleView. JAV is located in Anchorage, so no interstate travel is required for the flights to take place. In light of the COVID-19 crisis, both JAV and KIB have filed the proper travel protocols with the State of Alaska. The official request for proposal, budgetary transaction reports from 2013 to present, and all submitted imagery samples have been included in this packet. Also included is Kodiak Mapping protest and response. This is In response to questions posed during the June 9, 2020 Assembly Work Session. The assembly will receive copes of all four proposals and the rating sheet separately. These items are confidential and should not be released to the public. ALTERNATIVES: FISCAL IMPACT: This is a six year contract, with costs varying between $57,000 and $136,000 annually, depending on the areas being flown. Only $19,546 will need to be budgeted for this project in FY2021. Fund 100-140-450-191 has traditionally had a annual budget between $40,000 and $70,000. There is currently $103,048 in unspent GIS fund ($40,000 in project 19015 and $63,048 in FY2020 Budget) that will be applied to the first year, or FY2021's $122,595 cost. Only $19,546 will need to be budgeted for this project in FY21. The alternative would be not awarding this contract. This would increase annual assessing budgets significantly to facilitate remote field work. Those costs include $60,000 for the contracted vessel plus $41,834.66 in salary and per diem for a two week field trip. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 4 of 127 KODIAK ISLAND BOROUGH STAFF REPORT JUNE 11, 2020 ASSEMBLY WORK SESSION Kodiak Island Borough The total cost of a two week field assessment would run approximately $101,834.00 per year at a minimum. The farther the location, the more the travel and staff times rise. The Assessing Office would also be closed to the public during that time. If new imagery is not received, all imagery currently used by other departments and the public will remain out of date and eventually become obsolete. This will result in the removal of the aerial imagery layer from the GIS and the inability of both staff and the public to utilize it any longer. The removal would be necessitated by the fact that KIB cannot knowingly publish information they know to be incorrect. OTHER INFORMATION: Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority The manager may not make an acquisition, sale, transfer, or contract authorized by KIBC 3.30.010 if the value of the property, service, or contract exceeds $25,000 witho ut first obtaining assembly approval with the exception of utility bills, which may be paid without assembly approval. Similar types of work, even if performed in different geographic locations, are considered “in the aggregate” regardless of the project, contract, purchase orders, or change order and require assembly notification if the total payment to one contractor exceeds $25,000 in one fiscal year. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 5 of 127   Request for Proposal (RFP)  for  ORTHOIMAGERY  Kodiak Island Borough    Issued on  February 4, 2020        Proposals due: March 4, 2020 4:30 p.m. Kodiak Local Time  Proposals must be delivered to the Borough Cashier’s Office:   US Mail:  ATTN: Cashier – Room 104  RE: KIB IMAGERY RFP RESPONSE  Kodiak Island Borough  710 Mill Bay Road  Kodiak, AK 99615  Or Email:  To Brandi Wagner: bwagner@kodiakak.us  Subject: KIB IMAGERY RFP RESPONSE  Statement of Intent to Propose should be emailed to: jday@kodiakak.us by February 21,  2020.   Questions regarding RFP should be emailed to: jday@kodiakak.us by February 14, 2020.   AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 6 of 127 KIB Imagery RFP, Page 2    Contents  1. Introduction .......................................................................................................................................... 3  1.1 Overview/Objective ...................................................................................................................... 3  1.2 About the Kodiak Island Borough ................................................................................................. 3  2. Scope of Services .................................................................................................................................. 3  2.1 Scope of work ................................................................................................................................ 3  2.2 Contract Deliverables .................................................................................................................... 5  2.2.1 Acquisition planning and updates ................................................................................................ 5  2.2.2 Orthoimagery ............................................................................................................................... 5  2.2.3 Alternative Products and/or Services (If applicable) ................................................................... 5  2.2.4 Control ......................................................................................................................................... 5  2.2.5 Metadata ...................................................................................................................................... 5  2.3 Proposed collection schedule ....................................................................................................... 5  2.4 Considerations .............................................................................................................................. 6  Imagery ................................................................................................................................................. 6  Coordinate system ................................................................................................................................ 6  Software ................................................................................................................................................ 6  3. Instructions to Proposers ...................................................................................................................... 6  3.1 RFP Schedule ................................................................................................................................. 6  3.2 Required Elements ........................................................................................................................ 6  3.2.1 Statement of Intent to Propose ................................................................................................... 6  3.2.2 Proposal ....................................................................................................................................... 7  3.2.3 Imagery and Metadata Samples .................................................................................................. 9  3.4 Questions ............................................................................................................................................ 9  4. Evaluation and Selection Process ......................................................................................................... 9  5. Evaluation and Selection Criteria .......................................................................................................... 9  6. Protest Period ......................................................................................................................................... 10  APPENDIX A: DRAFT CONTRACT ................................................................................................................. 11       AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 7 of 127 KIB Imagery RFP, Page 3    1. Introduction  1.1 Overview/Objective  Kodiak Island Borough is requesting proposals from qualified companies to provide aerial imagery  products and services to the Borough. The Borough intends to select one company to be the sole  source provider of imagery for the next six years.    The primary purpose of the imagery is to help Borough staff identify buildings, view and accurately  measure them. The Borough would like to also make the imagery available for the public to view  through Esri’s ArcGIS Online platform.  Since the start of its imagery acquisition program in 2013, the Borough has acquired 4‐band imagery  (R,G,B,NIR) products for use in its ArcGIS Desktop and ArcGIS Online environments. However, new  products and services may be available. Therefore, the Borough will entertain proposals from  imagery providers that can meet existing imagery product specifications and/or offer alternative  products that can meet our needs.  If you are proposing an alternative product, please provide sufficient detail of the product and its  use that will allow us to determine how it meets our needs.  1.2 About the Kodiak Island Borough  Kodiak Island Borough encompasses the Kodiak Archipelago and a portion of the Alaska Peninsula.  The topography varies from rugged mountains and deep valleys to gently sloping terrain. Alpine  tundra covers the ridges. Much of the lower elevations are covered in thick vegetation: spruce, alder  and salmonberry. The City of Kodiak is the Borough’s most populated and developed area. The City  of Kodiak is part of the road system. Additional population centers on the road system include the  formal and informal communities of Bells Flats/Womens Bay, Kalsin Bay, Chiniak and Pasagshak.  Remote communities of Akhiok, Karluk, Larsen Bay, Old Harbor, Ouzinkie, Port Lions are remote  communities accessible by boat and plane only.  The climate of Kodiak Island is characterized by moderately heavy precipitation and cool  temperatures with frequent high clouds, fog, and high winds. Kodiak can experience extreme  fluctuations in weather conditions from one hour to the next and from one part of the island to  another.  2. Scope of Services  2.1 Scope of work  The general scope of work includes the work to plan, collect, process, and deliver a color‐balanced,  georeferenced, orthorectified imagery product and/or alternatives to the Borough for the next six  years.  Two different minimum spatial resolutions are requested: high‐resolution (6 in) and medium  resolution (1.5 ft). The general areas and the desired resolutions are depicted in Figure 1: Collection  Areas.     AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 8 of 127 KIB Imagery RFP, Page 4      Figure 1: Collection Areas  Collection area shapefile can be downloaded from:  http://data‐kiborough.opendata.arcgis.com/datasets/kib‐collectionareas‐aksp5nad83  AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 9 of 127 KIB Imagery RFP, Page 5    2.2 Contract Deliverables  2.2.1 Acquisition planning and updates  Prior to each acquisition, the collection area will be reviewed and modified as needed. Areas may be  larger or smaller than areas presented in Figure 1 of this RFP. Imagery providers shall communicate  with the Borough about acquisition and delivery schedules and make available to the Borough  interim products, if applicable.  2.2.2 Orthoimagery  Color‐corrected, georeferenced, orthorectified imagery. Four‐band (R,G,B,NIR) imagery is preferred,  but we will accept three‐band (R,G,B) at the minimum spatial resolutions for collection areas  indicated on the map in Figure 1.  2.2.3 Alternative Products and/or Services (If applicable)  The Borough is inviting companies to present alternative products or services that will help Borough  staff view and accurately measure buildings and building features. The products and/or services  should, minimally, allow for the ability to overlay GIS data on the imagery. Product and/or services  can integrate into the existing ArcGIS platform and/or be standalone products/services.   2.2.4 Control  Provide horizontal and vertical control for aerial acquisition products.  2.2.5 Metadata  Metadata in FGDC or Esri compliant schema to accompany imagery deliverable. Should, at a  minimum, include contact info, acquisition date, platform used, statement about horizontal and  vertical control, accuracy statement.  2.3 Proposed collection schedule  The proposed schedule for imagery acquisition is provided in in Table 2.   Y1 Y2 Y3 Y4 Y5 Y6  Area 2020 2021 2022 2023 2024 2025  Remote 1: Northwest Kodiak      x  Remote 2: Afognak x       Remote 3: Southeast Kodiak    x       Remote 4: Southwest Kodiak      x     Road System  x    x   Table 2: Proposed collection schedule  The Borough would prefer imagery acquisition to occur in the spring, after the snow melt, before  the vegetation leafs out and with minimal shadows. The goal is to collect imagery that makes it easy  to identify, delineate buildings and other structures. Final products should be delivered on or before  December 1 of each collection year.  AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 10 of 127 KIB Imagery RFP, Page 6    2.4 Considerations  Imagery  The Borough is requesting that the imagery be snow‐free, cloud‐free and vegetation‐free with  minimal shadows.   Coordinate system  Borough uses two projected coordinate systems: NAD 1983 Alaska State Plane Zone 5  (WKID:102635, Esri) and WGS 1984 Web Mercator (WKID:3857, EPSG).    Software  The Borough uses ArcGIS Desktop to view, process and publish imagery data. Currently, the Borough  is running ArcGIS 10.5.x. The Borough also publishes data to ArcGIS Online for viewing in web  applications.  3. Instructions to Proposers  This section outlines the RFP Schedule and proposal requirements. Please note, if you are offering  alternative products and/or services, please provide as much information as possible to assist the  Borough in determining whether the alternative will meet the Borough’s needs.  3.1 RFP Schedule  Anticipated RFP schedule is provided in Table 1.  Event Date  RFP Issued February 4, 2020  Question deadline February 14, 2020  Addendum released, if necessary February 18, 2020  Statement of Intent to Propose due February 21, 2020  Proposals due March 4, 2020   4:30 p.m. Kodiak Local Time  Notice of Intent to Award March 11, 2020  Protest Period March 11 ‐ March 25, 2020  Borough Assembly vote April 2, 2020  Contract Awarded April 3, 2020  Table 1: RFP Schedule  3.2 Required Elements  3.2.1 Statement of Intent to Propose  Those intending to submit a proposal are required to submit a Statement of Intent to Propose  via email. The Statement of Intent to Propose should include the following information:  1. Contact information  a. Company name  b. Point of contact  c. Mailing address  d. Email address  e. Telephone number  AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 11 of 127 KIB Imagery RFP, Page 7    2. Statement of intent to propose that includes a brief summary of the product and/or  services you are offering to the Borough  3. Statement of proposal submission preference – U.S. Mail or Email  4. A component of the proposal package is to include samples of the product(s) being  offered. Please indicate if you would like to upload those samples directly to the  Borough. A secure location will be provided for those that indicate they’d like to  exercise this option. Please include emails of the individuals that should have this  access so that secure login can be set up.  3.2.2 Proposal  Proposal packet should be no more than 15 pages, exclusive of cover letter and attachments. If  proposing an alternate product, this may be added as an attachment.  Proposals must be submitted to Cashier’s Office via:  US Mail:  ATTN: Cashier – Room 104  RE: KIB IMAGERY RFP RESPONSE  Kodiak Island Borough  710 Mill Bay Road  Kodiak, AK 99615    Or Email:  To Brandi Wagner: bwagner@kodiakak.us  Subject: KIB IMAGERY RFP RESPONSE    The Kodiak Island Borough understands that services, products and pricing can change with  time. The proposal should include current offerings and pricing, as well as predicted future  offerings and pricing, if known. If unknown, the proposal should discuss how the company  would manage these changes and communicate them with the Borough.     The proposal should include:    1. Cover letter, signed by an authorized representative of the company, that includes:  a. Proposer’s commitment to provide the services as proposed   2. Company information, including:  a. Company name, authorized representative(s), point of contact, address,  telephone number and email address  b. Company overview  c. Company qualifications  d. Key personnel overview; detailed qualifications can be provided as an  attachment  e. Subcontractor overview, if applicable  f. Resources and equipment  g. At least two references; no more than four  3. Proposed product information; for all proposed products, including:  AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 12 of 127 KIB Imagery RFP, Page 8    a. Product specifications  i. Satellite or aerial imagery  ii. Spatial resolution  iii. Control to be used for orthorectification  b. Product pricing for proposed products, including a breakout of costs  associated with:  i. Acquisition costs  ii. Control collection costs, if applicable  iii. Processing costs  iv. Enhancement costs  v. Total cost  c. Future products and pricing  d. Alternative products and pricing (if applicable)  e. Product acquisition and delivery timeline based on proposed collection  schedule and imagery considerations described in Section 2.4 of this RFP,  indicate:  i. What the recommended collection window is for staging and  acquisition  ii. What the turnaround time is from acquisition to orthoimagery  deliverable  f. Provide product and metadata samples as an attachment  i. Provide four contiguous tiles for each product offered that show  land cover conditions like Kodiak, a built environment among dense  vegetation  ii. Provide metadata sample that would accompany sample tiles   4. Special considerations, for each product offered, indicate if there are any:  a. Licensing and/or use restrictions  b. Minimum collection area requirements  5. Project management, please include:  a. Proposed plan of action  b. Methods for ensuring data gets collected and delivered according to  schedule and contingency measures. Please include discussion for  contingencies in the event data cannot be collected during the preferred  spring timeframe.   c. Quality assurance and quality control measures  d. Ability to adapt to change and offer new products if they become available  or if existing products are no longer available  6. Conflict of interest, provide statement on:  a. Any real or potential conflicts of interest or that there are no conflicts of  interest  7. Attachments  a. Key personnel and subcontractor qualifications  b. Imagery and metadata samples  c. Alternative product detail (if applicable)  AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 13 of 127 KIB Imagery RFP, Page 9    i. What it is  ii. How it meets Borough’s needs  3.2.3 Imagery and Metadata Samples  Part of the proposal package includes the submission of imagery and metadata samples. Please  provide four contiguous tiles for each product being offered. Images should show land cover  conditions similar to Kodiak, a built environment among dense vegetation. Include the metadata  that corresponds to sample tiles. These items can be uploaded to a secure location and/or other  means that is mutually agreeable to Borough and proposer.  3.4 Questions  Questions can be submitted to Janel Day at jday@kodiakak.us until question deadline per RFP  Schedule. Questions will be responded to individually, with all questions and responses being  released as an addendum as per RFP Schedule.  4. Evaluation and Selection Process  Proposals will be accepted until submission deadline, as per RFP Schedule. The proposals will first be  evaluated by a selection committee based on the criteria in Section 5 below.  A notice of intent to  award will be sent to each proposer, notifying them of the recommended selection.  A contract will  be negotiated with the successful proposer and presented to the Borough Assembly for final  approval. Assembly consideration and approval is expected to follow the later of either expiration of  the protest period or a final decision on any protest as provided for in section 6.   Upon final  approval by the assembly, a contract will be awarded to and executed with the winning proposer.   Proposals from unsuccessful proposers will remain confidential until a contract is awarded by the  Assembly. The proposal recommended for award, and the summary rating for that proposal, may be  made available on written request after the notice of intent to award has been issued. After a notice  of intent to award has been made a proposer may receive, on written request, the summary rating  for their proposal.  Information identified in a proposal as confidential proprietary information will  be redacted prior to release of that proposal and will not be released.  5. Evaluation and Selection Criteria  The evaluation and selection criteria are as follows:  Evaluation Criteria Possible Points  1. Proposed Products  a. Spatial Resolution   b. Spectral Resolution   c. Vertical/Horizontal Accuracy   d. Image Visual Quality   e.  Ability of product to meet the  Borough’s needs  30  2. Quality of Proposal  a. RFP criteria sufficiently addressed  10  3. Price* 30  4. Vendor Capabilities 20  AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 14 of 127 KIB Imagery RFP, Page 10    5. References 10  TOTAL: 100  *Total points = Possible points × (lowest price ÷ proposer price)    Submittal of a proposal authorizes the Borough to investigate, without limitation, the background  and current performance of your company and present staff. The Borough may opt to interview  vendors that demonstrate, through their proposal, that they can provide services requested in the  RFP. Discovery of any material misstatement of fact may lead to disqualification of a proposal or to  the cancellation of any resulting contract.   6. Protest Period  A protest period of two weeks will begin upon the mailing of the intent to award letter.  A protest  may be made by delivery of a letter of protest to the Borough Manager’s Office.  Protests will only  be accepted based on error in process.  If/when a protest is received, an administrative review  process will begin.  The protestor can expect a final administrative decision by the Kodiak Island  Borough Manager within 30 working days of the receipt of protest.      AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 15 of 127 KIB Imagery RFP, Page 11            APPENDIX A: DRAFT CONTRACT     AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 16 of 127 KIB Imagery RFP, Page 12    AGREEMENT FOR AERIAL IMAGERY SERVICES FOR THE KODIAK ISLAND BOROUGH Contract No. 2020-XX This Agreement made and entered into this ___ day of ____________ , 2020, by and between the Kodiak Island Borough, hereinafter "Borough", a general law municipality and a Borough of the second class, whose address is: 710 Mill Bay Road, Kodiak, Alaska 99615, and ______________________, whose address is, _________________, and licensed and qualified to do business within the State of Alaska, hereinafter called "Contractor." RECITALS A. The Borough desires the performance, provision, and accomplishment of the work, services and materials described and set forth in Part 1, Section 2. B. Contractor represents that it is ready, able and qualified to perform, and will perform, in all respects, all of the work, services, and materials, and to otherwise perform all of the terms, covenants, conditions and provisions of the Agreement in the manner, at the times, and for the consideration hereafter provided. Now, therefore, for and in consideration of the terms, covenants, conditions, and provisions contained herein, and/or attached and incorporated herein and made a part hereof, the parties hereto agree as follows. This contract consists of: A. Part I, consisting of eighteen (18) sections of General Provisions. B. Part II, consisting of six (6) sections of Special Provisions. PART I GENERAL PROVISIONS Section 1: Agreement to Perform. The Borough hereby agrees to engage the Contractor, and the Contractor hereby agrees to perform, complete, provide and furnish, in a timely and proper manner, and pursuant to and in accordance with all of the terms, covenants, conditions and provisions of this Agreement, all of the work, services, labor and materials required to accomplish all of the work described in Section 2 hereof at the times, in the manner, and for the consideration and payments hereinafter set forth. Section 2: Description of Work. The Contractor shall perform, supply, and provide all of the work, services and materials; hereinafter collectively referred to as "work", as set forth and described on Exhibit A, attached hereto and incorporated herein by this reference. The work shall be performed in accordance with Contractor’s Proposal, copy attached as Exhibit B and incorporated herein by reference. In the event of a conflict between this contract, Exhibit A or Exhibit B, the terms of this contract shall prevail, then Exhibit A then Exhibit B. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 17 of 127 KIB Imagery RFP, Page 13    Section 3: Time for Commencement and for Completion of Work. (a) Commencement. Contractor shall commence the work called for in this Agreement upon the giving of a Notice to Proceed by the Borough. (b) Completion. Upon giving of Notice to Proceed, the work called for in this Agreement shall be performed starting the ___ day of _________ , 2020, and completed by December 31, 2025. Section 4: Financial Terms. (a) Compensation and Payment. For and in consideration of the timely and proper performance of work authorized as provided herein, the Borough shall pay the Contractor at the rates provided for in the Contractor’s Proposal, which rate schedule is attached as Exhibit C and incorporated herein by reference. Payments shall be based upon invoices, which may be submitted no more frequently than monthly. The total funds paid under this contract over the contract terms shall not exceed $xxx,xxx. (b) No Additional Work. No claim for additional work, services or materials, not specifically and expressly requested and authorized as provided for in this Agreement, or by a written amendment thereto signed by both parties, done or furnished by the Contractor, will be allowed or paid by the Borough, and Contractor expressly waives any claim therefore. (c) Availability of Funds. This contract is subject to the availability of funds lawfully appropriated for its performance. (d) The Borough may delay or withhold payments from the Contractor for any of the following reasons: 1) The application for payment misstates the amount of services completed; 2) Defective services not remedied; 3) Liens or Third Party Claims filed or reasonable evidence indicating probable filing of such claims; 4) Reasonable evidence that the Project cannot be completed for the unpaid balance of the Contract sum; 5) Reasonable evidence that the Project cannot be completed within the Contact time; or 6) Persistent failure to perform the services in accordance with the Contract documents. In the event funds are delayed or withheld the Borough shall provide the Contractor notice of the amount withheld and the basis upon which it is withheld. Section 5: Borough's Contracting Officer. For purposes of this Agreement, the Borough’s contracting officer shall be the Borough Manager or such other person as is designated in writing by the Borough Manager. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 18 of 127 KIB Imagery RFP, Page 14    Section 6: Contractor Qualified. The Contractor expressly represents and warrants it is now and shall continue to be at all times during the performance of this Agreement, the holder of all required or necessary professional, business or other licenses or permits and is qualified and capable of performing all of the work covered or called for by this Agreement and is presently ready, able and willing to undertake and perform all of such work and services, and to supply all necessary materials and equipment, at the times, and in a non-negligent professional and workmanlike manner, and pursuant to the terms, conditions and provisions, and for the compensation and payments as herein provided. Section 7: Termination. (a) By Consent. This Agreement may be terminated in whole or in part by the mutual consent of the parties. Such consent shall be in writing. (b) Termination for Cause. This Agreement may be terminated in whole or in part in writing by Borough in the event of failure by Contractor to fulfill any of the terms and conditions of this Agreement upon the giving of not less than five (5) calendar days prior written notice of intent to terminate in the manner provided in Part 1, Section 10, hereof. (c) Termination for Convenience of Borough. This Agreement may be terminated in whole or in part in writing by the Borough for Borough’s convenience provided the Contractor is given not less than thirty (30) calendar days prior written notice of intent to terminate in the manner provided in Part 1, Section 10, hereof. (d) In the event termination by the Borough is effected pursuant to (b) above, the Contractor shall not be entitled to receive any further payment until the work is completed, or the Borough elects to not proceed further with the project. Upon completion of the work, or termination of the project in the event the Borough elects to not proceed with the project, the Contractor shall be paid as follows: 1) In the event the costs and expense of taking over, re-advertising and completing the project or the costs of closing out the project if the Borough elects to not proceed with the project (hereinafter referred to as "close out costs"), exceed the remaining unpaid amount of this Agreement, any amount which was otherwise due and unpaid to Contractor at the time of termination shall be applied to such increased costs in taking over, re-advertising and completing the project, (or applied to close out costs) and the remaining amount of such costs, if any, shall be paid by the Contractor to the Borough. 2) In the event said costs and expense of taking over, re-advertising and completing the project, (or close out costs) are less than the total amount which was otherwise due and unpaid to the Contractor at the time of termination, the increased costs of taking over and completing the project (or the close out costs) shall be deducted from the amounts due the Contractor and the balance, if any, paid to the Contractor without interest. (e) Upon receipt of a termination notice pursuant to paragraphs (b), (c), or (d) above, the Contractor shall promptly discontinue all services (unless the notice directs otherwise), and deliver or otherwise make available to the Borough all data, drawings, notes, specifications, reports, estimates, summaries, work in progress, and any and all other information and/or materials as may have been accumulated by the Contractor in performing this Agreement, whether completed AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 19 of 127 KIB Imagery RFP, Page 15    or in process, and free and clear of any mechanics or other liens or claims in favor of Contractor or any other person. (f) Upon termination pursuant to paragraphs (b), (c), or (d) above, the Borough may, but shall not be required to, take over the work and prosecute the same to completion by agreement with another person or otherwise, may elect to complete the work itself, or to not proceed further with the work and project. The contractor shall be entitled to pay for work performed prior to termination. Unless termination is for convenience of the Borough under paragraph c above, the payment shall be subject to adjustments in paragraph d above. (g) If, after termination by the Borough pursuant to (b) above, it is determined that the Contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Borough. In such event, adjustment of the amounts to be paid to Contractor for termination shall be made as provided in paragraph (f) of this Section. (h) No other damages, whether for lost profits or otherwise, other than the amounts allowed and computed as provided for in this Section 7 shall be due or payable to Contractor in the event of termination. Section 8: Conflict of Interest. The Contractor covenants, warrants and represents that the Contractor has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner with the subject matter or the performance of this Agreement. The Contractor further covenants, warrants and represents that in the performance of this Agreement, no person having any such interest shall be employed. Section 9: Assignment and Subletting Prohibited. The Contractor shall not assign, transfer, convey, pledge, hypothecate, sublet, subcontract, or otherwise dispose of or encumber this Agreement, or the rights thereunder, nor shall the Contractor delegate any of his/her/its duties hereunder without the prior written consent of the Borough. Any such attempted assignment, transfer, conveyance, pledge, hypothecation, subletting, or other disposition, or the attempted assignment, disposition or delegation of duties or rights shall be null and void and of no force or effect and shall be grounds and cause for immediate termination of this Agreement without liability by and at the option of the Borough. Section 10: Notice. (a) Any notice, demand, request, consent, approval, or other communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail at the address set forth below. Either party may change its address by notifying the other party of its change of address in writing. Notice shall be deemed to have been duly made and given when delivered if served personally, or upon the expiration of twenty-four (24) hours after the time of mailing if mailed as provided in this Section. Borough: The Borough Manager’s Office 710 Mill Bay Road Kodiak, Alaska 99615 Contractor: Company Representative Name Company Name AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 20 of 127 KIB Imagery RFP, Page 16    Address City, State, Zip (b) The performance and administration of this program and this Agreement will be monitored by the Borough and such other agencies as may be required or authorized pursuant to the terms of any grant to the Borough. Necessary reports, in proper form, will be required as a prerequisite to any payment to the Contractor. (c) All project records shall be maintained by the Contractor for not less than three (3) years after completion and final acceptance of all work by the Borough and shall be subject to inspection and copying by the Borough or any funding agency during said period. Section 11: Status of Parties. (a) Independent Contractor. The Contractor shall perform its obligations hereunder as an independent contractor of the Borough. The Borough may administer the contract and monitor the Contractor’s compliance with its obligations hereunder. The Borough shall not supervise or direct the Contractor other than as provided in this Section. (b) Relationship of the Parties. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that neither method of computation of payment nor any other provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of Borough and an independent Contractor. Section 12: Hold Harmless and Indemnity. (a) The Contractor shall indemnify, defend, save and hold the Borough, its officers, employees and agents harmless from any and all claims, lawsuits, liabilities, penalties, or fines, including attorney's fees and costs, allegedly arising out of, in connection with, or incident to any loss, damage or injury to persons or property occurring as a result of the Contractor’s or any subcontractor's intentional misconduct or negligent acts, errors or omissions in its performance pursuant to this contract. (b) Contractor further agrees to appear and defend, and to indemnify and save free and harmless the Borough and its officers, employees and agents from and against any of the foregoing claims, liabilities, penalties, fines or damages, whether or not valid, and for any cost and expense, including reasonable attorney's fees, incurred by the Borough, its officers, employees or agents on account of any claim therefore, including claims by reasons of any defects in any plans, drawings, specifications, computer programs, technical reports, or other work product of Contractor prepared for or submitted to the Borough pursuant to this Agreement provided said claim is not based upon a use of said plans, drawings, specifications or other work product for other than the purposes for which such data was prepared and submitted to the Borough. (c) Contractor shall keep the work free from all liens, and shall indemnify and defend the Borough and hold it harmless from any claims of Contractor’s subcontractors or suppliers. Section 13: No Third Party Beneficiaries. Nothing in this Agreement shall be construed to give any person other than the Borough and the Contractor any legal or equitable right, remedy AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 21 of 127 KIB Imagery RFP, Page 17    or claim under this Agreement, but it shall be held to be for the sole and exclusive benefit of the Borough and the Contractor. Section 14: Compliance with Laws and Regulations. Contractor shall, at Contractor’s sole cost and expense, comply with all of the requirements of all local, state, or federal laws, ordinances, or regulations now in force, or which may hereafter be in force, pertaining to this Agreement, or the project or work to be performed, and shall faithfully observe in the performance of this Agreement, all local, state, and federal laws, ordinances and regulations now in force or which may hereafter be in force. When a change in laws, ordinances or regulations results in additional costs, the Contractor may request a change order to cover those costs. Any such change order shall be limited to the Contractor’s actual additional costs as a result of the change. The Contractor shall pay all taxes pertaining to its performance under this contract. Section 15: Successors and Assigns. Except as otherwise provided herein, the covenants, agreements and obligations herein contained shall extend to bind and inure to the benefit not only of the parties hereto but their respective personal representatives, heirs, successors and assigns. Section 16: Miscellaneous. (a) Terminology. Whenever herein the singular number is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders. (b) Law Applicable. The laws of the State of Alaska shall govern the construction, validity, performance and enforcement of this Agreement. Venue as to any action, claim, or proceeding arising out of, or based upon this Agreement, including, but not limited to, any action for declaratory or injunctive relief, shall be the appropriate Court sitting in the City of Kodiak, Third Judicial District, Alaska. (c) Paragraph Headings. The headings of the several sections and subsections contained herein are for convenience only and do not define, limit or construe the contents of such sections and subsections. (d) Terms Construed as Covenants and Conditions. Every term and each provision of this Agreement performable by Contractor shall be construed to be both a covenant and a condition. (e) Time of the Essence. Time is of the essence of each term, condition, covenant and provision of this Agreement. (f) Severability. In the event any provision of this Agreement is adjudicated or held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. (g) Nonwaiver. No delay or omission of the right to exercise any power by either party shall impair any such right or power, or be construed as a waiver of any default or as acquiescence therein. One or more waivers of any covenant, term or condition of this Agreement by either party shall not be construed by the other party as a waiver of a subsequent breach of the same covenant, term or condition. The consent or approval by either party to any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. Section 17: Amendment. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 22 of 127 KIB Imagery RFP, Page 18    (a) This contract shall only be amended, modified or changed by writing, executed by authorized representatives of the parties. (b) For the purpose of any amendment modification or change to the terms and conditions of this contract, the only authorized representatives of the parties are: 1) Company Name, Representative Name, Representative Title 2) Kodiak Island Borough, Borough Manager (c) Any attempt to amend, modify, or change this contract by either an unauthorized representative or unauthorized means shall be void. Section 18: Entire Agreement. This Agreement and any schedules, appendices or exhibits attached hereto sets forth all the covenants, promises, agreements, conditions and understandings between the parties hereto, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between them other than as herein set forth. Except as herein otherwise expressly provided, no contemporaneous or subsequent agreement, understanding, alteration, amendment, change or addition to this Agreement, or any schedule, appendix, exhibit or attachment thereto shall be binding upon the parties hereto unless reduced to writing and signed by both parties. This Agreement constitutes a final, complete, and exclusive statement of the agreement between the parties. PART II SPECIAL PROVISIONS Section 1: Insurance. (a) During the entire period of the project or work, the Contractor shall provide the following types of insurance. The Borough shall be insured as additional insured on all insurance policies except professional liability contracts. All policies shall have a thirty (30) day cancellation clause. 1. Professional liability insurance covering errors and omissions at $1,000,000 per claim. 2. Workers' compensation as required by law and employer's liability coverage at a minimum of $1,000,000. 3. Commercial general liability insurance - $1,000,000 per occurrence and $2,000,000 aggregate. (b) Each policy of insurance required by this Section shall provide for no less than thirty (30) days’ advance notice to the Borough prior to cancellation. Insurance certificates will be required to be submitted for review by the Borough Manager before the Borough will issue a notice to proceed. Failure to maintain coverage is a material breach and grounds for termination of the contract. (c) Should the Contractor fail to comply with the insurance requirements of this Agreement, the Kodiak Island Borough may terminate the Agreement on ten (10) days written notice. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 23 of 127 KIB Imagery RFP, Page 19    Section 2: Equal Employment Opportunity. (a) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, disability, national origin, ancestry, age, or sex. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, disability, national origin, ancestry, age or sex. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) The Contractor shall state in all solicitations or advertisements for employees to work on contract jobs to be let in the performance of this Agreement, that all qualified applicants will receive consideration for employment without regard to race, color, religion, disability, national origin, ancestry, age, or sex. (c) The Contractor agrees to fully cooperate with the office or agency of the State of Alaska which seeks to deal with the problem of unlawful or invidious discrimination, and with all other State efforts to guarantee fair employment practices under this Agreement, and said Contractor will comply promptly with all requests and directions from the State Commission of Human Rights or any of its officers or against relating to prevention of discriminatory employment practice. (d) Full cooperation as expressed in the foregoing clause (c) shall include, but not be limited to, being a witness in any proceeding involving questions of unlawful or invidious discrimination if such is deemed necessary by any official or agency of the State of Alaska, permitting employees of said Contractor to be witnesses or complainants in any proceeding involving questions of unlawful or invidious discrimination, if such is deemed necessary by any official or agency of the State of Alaska, or the Borough, participating in meetings, submitting periodic reports on the equal employment aspects of present and future employment, assisting in inspection of relevant facilities, and promptly complying with all State directives deemed essential by any office or agency of the State of Alaska, or the Borough, to insure compliance with all federal and state laws, regulations, and policies pertaining to the prevention of discriminatory employment practices. (e) Failure to perform any of the above agreements pertaining to equal employment opportunities shall be deemed a material breach of the contract and sufficient grounds for termination of this Agreement for cause without liability. Section 3: Contractor Responsible for Personnel. The Contractor has or will secure, at Contractor's own cost and expense, all personnel required to perform this Agreement in a timely and proper manner. The parties hereto agree and understand that such personnel shall in no event be deemed to be, and are not, employees, agents, or representatives of the Borough and such persons shall have no contractual or other relationship with the Borough, and the Borough shall have no responsibility or liability whatsoever to any of said persons, or for the acts or omissions of any of such persons. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 24 of 127 KIB Imagery RFP, Page 20    Section 4: Personnel Supervision. Contractor agrees that all work and services required or provided under this Agreement shall be performed personally by the Contractor, unless otherwise authorized in writing by the Borough’s contracting officer, and in such event all personnel engaged in any such work shall be fully qualified, and shall be licensed and authorized under applicable state, federal and local laws to perform such services. Section 5: Corporate Authority. If Contractor is a corporation, Contractor shall deliver to the Borough at the time of execution of this Agreement a certified copy of a resolution of its board of directors authorizing the execution of this Agreement and naming the officers that are authorized to execute this Agreement on behalf of the corporation. Section 6: Additional Terms and Conditions. This Agreement is subject to each of the additional terms, covenants, conditions and provisions attached hereto as Exhibit A, which are hereby expressly referred to and incorporated herein as though set forth in full. Wherefore the parties have entered into this Agreement the date and year first above written. KODIAK ISLAND BOROUGH: Date:____________________ By:_____________________________ Michael Powers Borough Manager ATTEST: By:_____________________________ Tara Welinsky, Borough Clerk APPROVED AS TO FORM: By :_____________________________ Scott A. Brandt-Erichsen Borough Attorney CONTRACTOR: Company Date:_____________________ By:_____________________________ Representative AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 25 of 127 KIB Imagery RFP, Page 21    BOROUGH ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____ day of ______________, 2020, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Michael Powers, to me known to be the Borough Manager of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that he signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. ________________________________ (Seal) NOTARY PUBLIC FOR ALASKA My Commission Expires: ____________ STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ___ day of ____________, 2020, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Tara Welinsky, to me known to be the Borough Clerk of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that she was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that she signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. ________________________________ (Seal) NOTARY PUBLIC FOR ALASKA My Commission Expires: ____________ AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 26 of 127 KIB Imagery RFP, Page 22    ACKNOWLEDGMENT LIMITED LIABILITY COMPANY STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) I, _____________, a Notary Public, in and for the State of_________________, hereby certify that ___________________________________________, whose name as manager/member of _________________________________, LLC., is signed to the foregoing instrument and who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument, he or she, as such officer and with full authority, executed the same voluntarily for and as the act of said limited liability company. WITNESS my hand and official seal the day and year in this certificate above written. ________________________________ (Seal) NOTARY PUBLIC FOR ALASKA My Commission Expires: ____________ CORPORATE CERTIFICATE I,_______________________ , certify that I am the Secretary of the Corporation named as Contractor in the foregoing instrument; that______________________________, who signed said instrument on behalf of the Contractor, was then ___________________ of said Corporation; that said instrument was duly signed for and on behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. __________________________________ Signature AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 27 of 127 KIB Imagery RFP, Page 23    CORPORATE ACKNOWLEDGMENT STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____ day of _________________ , 2020, before me, the undersigned, a Notary Public in and for the State of _______________ , duly commissioned and sworn, personally appeared _____________________(Name) and ______________________ (Name) known to be the President and Secretary of _________________________, the corporation which executed the above and foregoing instrument, and who on oath stated they were duly authorized to execute said instrument and acknowledged that they signed the same freely and voluntarily on behalf of said corporation for the purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate above written. ________________________________ (Seal) NOTARY PUBLIC FOR ALASKA My Commission Expires: ____________ AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 28 of 127 KIB Imagery RFP, Page 24    EXHIBIT A SCOPE OF WORK 1. Scope of Services 1.1 Scope of work The general scope of work includes the work to plan, collect, process, and deliver a color- balanced, georeferenced, orthorectified imagery product and/or alternatives to the Borough for the next six years. Two different minimum spatial resolutions are requested: high-resolution (6 in) and medium resolution (1.5 ft). The general areas and the desired resolutions are depicted in Figure 1: Collection Areas.    Figure 1: Collection Areas Collection area shapefile can be downloaded from: http://data-kiborough.opendata.arcgis.com/datasets/kib-collectionareas-aksp5nad83 AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 29 of 127 KIB Imagery RFP, Page 25    1.2 Contract Deliverables 1.2.1 Acquisition planning and updates Prior to each acquisition, the collection area will be reviewed and modified as needed. Areas may be larger or smaller than areas presented in Figure 1 of this RFP. Imagery providers shall communicate with the Borough about acquisition and delivery schedules and make available to the Borough interim products, if applicable. 1.2.2 Orthoimagery Color-corrected, georeferenced, orthorectified imagery. Additional details will be incorporated into the contract. 1.2.3 Alternative Products and/or Services (if applicable) Details will be incorporated into the contract. 1.2.4 Control Provide horizontal and vertical control for aerial acquisition products. 1.2.5 Metadata Metadata in FGDC or ESRI compliant schema to accompany imagery deliverable. Should, at a minimum, include contact info, acquisition date, platform used, statement about horizontal and vertical control, accuracy statement. 1.3 Proposed collection schedule The proposed schedule for imagery acquisition is provided in in Table 2.  Y1 Y2 Y3 Y4 Y5 Y6  Area 2020 2021 2022 2023 2024 2025  Remote 1: Northwest Kodiak      x  Remote 2: Afognak x       Remote 3: Southeast Kodiak    x       Remote 4: Southwest Kodiak      x     Road System  x    x   Table 2: Proposed collection schedule The Borough would prefer imagery acquisition to occur in the spring, after the snow melt, before the vegetation leafs out and with minimal shadows. The goal is to collect imagery that makes it easy to identify and delineate buildings and other structures. Final products should be delivered on or before December 1 of each collection year. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 30 of 127 KIB Imagery RFP, Page 26    1.4 Considerations Imagery The Borough is requesting that the imagery be snow-free, cloud-free and vegetation-free with minimal shadows. Coordinate system Borough uses two projected coordinate systems: NAD 1983 Alaska State Plane Zone 5 (WKID:102635, Esri) and WGS 1984 Web Mercator (WKID:3857, EPSG). Software The Borough uses ArcGIS Desktop to view, process and publish imagery data. Currently, the Borough is running ArcGIS 10.5.x. The Borough also publishes data to ArcGIS Online for viewing in web applications. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 31 of 127 KIB Imagery RFP, Page 27    EXHIBIT B CONTRACTOR’S PROPOSAL AS SUBMITTED AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 32 of 127 KIB Imagery RFP, Page 28    EXHIBIT C RATE SCHEDULE The rates estimated for each year of service under the contract are listed in the table below. The costs listed are comprehensive estimates based upon current costs at the time of entering into the contract. Years 2-6 may require adjustment based upon changes in scope or scale, or changes in logistical expenses. The Contractor will notify the Owner of any adjustments from this table before the beginning of each contract year. Year of Service Task Order Region Task Order Cost Year 1 (2020) Afognak Island $xx,xxx.xx Year 2 (2021) Road System $xx,xxx.xx Year 3 (2022) Southeast Kodiak $xx,xxx.xx Year 4 (2023) Southwest Kodiak $xx,xxx.xx Year 5 (2024) Road System $xx,xxx.xx Year 6 (2025) Northwest Kodiak $xx,xxx.xx   AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 33 of 127 AGREEMENT FOR AERIAL IMAGERY SERVICES FOR THE KODIAK ISLAND BOROUGH Contract No. 2020-19 This Agreement made and entered into this 17th day of April, 2020, by and between the Kodiak Island Borough, hereinafter "Borough", a general law municipality and a Borough of the second class, whose address is: 710 Mill Bay Road, Kodiak, Alaska 99615, and Pictometry International Corp. d/b/a EagleView, hereinafter “EagleView”, whose address is, 25 Methodist Hill Dr., Rochester, New York 14623, and licensed and qualified to do business within the State of Alaska, hereinafter called "Contractor." RECITALS A. The Borough desires the performance, provision, and accomplishment of the work, services and materials described and set forth in Part 1, Section 2. B. Contractor represents that it is ready, able and qualified to perform, and will perform, in all respects, all of the work, services, and materials, and to otherwise perform all of the terms, covenants, conditions and provisions of the Agreement in the manner, at the times, and for the consideration hereafter provided. Now, therefore, for and in consideration of the terms, covenants, conditions, and provisions contained herein, and/or attached and incorporated herein and made a part hereof, the parties hereto agree as follows. This contract consists of: A. Part I, consisting of eighteen (18) sections of General Provisions. B. Part II, consisting of six (6) sections of Special Provisions. PART I GENERAL PROVISIONS Section 1: Agreement to Perform. The Borough hereby agrees to engage the Contractor, and the Contractor hereby agrees to perform, complete, provide and furnish, in a timely and proper manner, and pursuant to and in accordance with all of the terms, covenants, conditions and provisions of this Agreement, all of the work, services, labor and materials required to accomplish all of the work described in Section 2 hereof at the times, in the manner, and for the consideration and payments hereinafter set forth. Section 2: Description of Work. The Contractor shall perform, supply, and provide all of the work, services and materials; hereinafter collectively referred to as "work", as set forth and described on Exhibit A, attached hereto and incorporated herein by this reference. The work shall be performed in accordance with Contractor’s Proposal, copy attached as Exhibit B and incorporated herein by reference. A detailed deliverable list for each project is attached as Exhibit D. The work shall be subject to Contractor’s licensing terms and conditions, attached as Exhibit E. In the event of a conflict between this contract, Exhibit A or Exhibit B, the terms of this contract shall prevail, then Exhibit A then Exhibit B then Exhibit D then Exhibit E. Section 3: Time for Commencement and for Completion of Work. (a) Commencement. Contractor shall commence the work called for in this Agreement upon the giving of a Notice to Proceed by the Borough. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 34 of 127 (b) Completion. Upon giving of Notice to Proceed, the work called for in this Agreement shall be performed starting the 1st day of May, 2020, and completed by December 31, 2025. Section 4: Financial Terms. (a) Compensation and Payment. For and in consideration of the timely and proper performance of work authorized as provided herein, the Borough shall pay the Contractor at the rates provided for in the Contractor’s Proposal, which rate schedule is attached as Exhibit C and incorporated herein by reference. Payments shall be based upon invoices, which may be submitted no more frequently than monthly. The total funds paid under this contract over the contract terms shall not exceed $523,185.00. (b) No Additional Work. No claim for additional work, services or materials, not specifically and expressly requested and authorized as provided for in this Agreement, or by a written amendment thereto signed by both parties, done or furnished by the Contractor, will be allowed or paid by the Borough, and Contractor expressly waives any claim therefore. (c) Availability of Funds. This contract is subject to the availability of funds lawfully appropriated for its performance. (d) The Borough may delay or withhold payments from the Contractor for any of the following reasons: 1) The application for payment misstates the amount of services completed; 2) Liens or Third-Party Claims filed or reasonable evidence indicating probable filing of such claims; 3) Reasonable evidence that the Project cannot be completed for the unpaid balance of the Contract sum; 4) Reasonable evidence that the Project cannot be completed within the Contact time; or 5) Persistent failure to perform the services in accordance with the Contract documents. In the event funds are delayed or withheld the Borough shall provide the Contractor notice of the amount withheld and the basis upon which it is withheld. Section 5: Borough's Contracting Officer. For purposes of this Agreement, the Borough’s contracting officer shall be the Borough Manager or such other person as is designated in writing by the Borough Manager. Section 6: Contractor Qualified. The Contractor expressly represents and warrants it is now and shall continue to be at all times during the performance of this Agreement, the holder of all required or necessary professional, business or other licenses or permits and is qualified and capable of performing all of the work covered or called for by this Agreement and is presently ready, able and willing to undertake and perform all of such work and services, and to supply all necessary materials and equipment, at the times, and in a non- negligent professional and workmanlike manner, and pursuant to the terms, conditions and provisions, and for the compensation and payments as herein provided. Section 7: Termination. (a) By Consent. This Agreement may be terminated in whole or in part by the mutual consent of the parties. Such consent shall be in writing. (b) Termination for Cause. This Agreement may be terminated in whole or in part in writing by Borough in the event of failure by Contractor to fulfill any of the terms and conditions of this Agreement upon the giving of not less than five (5) calendar days prior written notice of intent to terminate in the manner provided in Part 1, Section 10, hereof. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 35 of 127 (c) Termination for Convenience of Borough. This Agreement may be terminated in whole or in part in writing by the Borough for Borough’s convenience provided the Contractor is given not less than thirty (30) calendar days prior written notice of intent to terminate in the manner provided in Part 1, Section 10, hereof. (d) In the event termination by the Borough is effected pursuant to (b) above, the Contractor shall not be entitled to receive any further payment until the work is completed, or the Borough elects to not proceed further with the project. The Borough reserves the right to seek appropriate remedies, which may include damages, for any breach of this agreement whether or not such breach results in termination for cause. The Borough reserves the right to seek appropriate damages for work which does not meet specifications and has not been remedied through commercially reasonable efforts. (e) Upon receipt of a termination notice pursuant to paragraphs (b), (c), or (d) above, the Contractor shall promptly discontinue all services (unless the notice directs otherwise), and deliver or otherwise make available to the Borough all data, drawings, notes, specifications, reports, estimates, summaries, work in progress, and any and all other information and/or materials as may have been accumulated by the Contractor in performing this Agreement, whether completed or in process, and free and clear of any mechanics or other liens or claims in favor of Contractor or any other person. In the event of termination, and when all amounts due under the contract have been paid, the Borough is entitled to a perpetual license of the delivered content. (f) Upon termination pursuant to paragraphs (b), (c), or (d) above, the Borough may, but shall not be required to, take over the work and prosecute the same to completion by agreement with another person or otherwise, may elect to complete the work itself, or to not proceed further with the work and project. The contractor shall be entitled to pay for work performed prior to termination. Unless termination is for convenience of the Borough under paragraph c above, the payment shall be subject to adjustments in paragraph d above. (g) If, after termination by the Borough pursuant to (b) above, it is determined that the Contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Borough. In such event, adjustment of the amounts to be paid to Contractor for termination shall be made as provided in paragraph (f) of this Section. (h) No other damages, whether for lost profits or otherwise, other than the amounts allowed and computed as provided for in this Section 7 shall be due or payable to Contractor in the event of termination. Section 8: Conflict of Interest. The Contractor covenants, warrants and represents that the Contractor has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner with the subject matter or the performance of this Agreement. The Contractor further covenants, warrants and represents that in the performance of this Agreement, no person having any such interest shall be employed. Section 9: Assignment and Subletting Prohibited. Neither party may assign or transfer this Agreement or any rights granted to it hereunder, in whole or in part, nor delegate any of its duties or obligations arising hereunder without prior written consent of the other party, which consent shall not be unreasonably withheld; provided, however, that this Agreement may be transferred by operation of law or assignment by either party to a surviving entity or a merger or consolidation involving that party or to a purchaser of all or substantially all of that party’s assets. Any assignment, transfer or delegation of rights, duties or obligations hereunder in contravention of the preceding sentence shall be null and void. This Agreement shall be binding upon and shall inure to the benefit of, and be enforceable by, the parties to this Agreement and their respective successors and assigns. Section 10: Notice. (a) Any notice, demand, request, consent, approval, or other communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail at the address set forth below. Either party may change its address by notifying the other party of its change of address in writing. Notice shall be deemed to have been duly made and given when AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 36 of 127 delivered if served personally, or upon the expiration of twenty-four (24) hours after the time of mailing if mailed as provided in this Section. Borough: The Borough Manager’s Office 710 Mill Bay Road Kodiak, Alaska 99615 Contractor: Dustin Walters Pictomertry International Corp. d/b/a EagleView 25 Methodist Hill Dr. Rochester, NY 14623 (b) The performance and administration of this program and this Agreement will be monitored by the Borough and such other agencies as may be required or authorized pursuant to the terms of any grant to the Borough. Necessary reports, in proper form, will be required as a prerequisite to any payment to the Contractor. (c) All project records shall be maintained by the Contractor for not less than three (3) years after completion and final acceptance of all work by the Borough and shall be subject to inspection and copying by the Borough or any funding agency during said period. Section 11: Status of Parties. (a) Independent Contractor. The Contractor shall perform its obligations hereunder as an independent contractor of the Borough. The Borough may administer the contract and monitor the Contractor’s compliance with its obligations hereunder. The Borough shall not supervise or direct the Contractor other than as provided in this Section. (b) Relationship of the Parties. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that neither method of computation of payment nor any other provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of Borough and an independent Contractor. Section 12: Hold Harmless and Indemnity. (a) The Contractor shall indemnify, defend, save and hold the Borough, its officers, employees and agents harmless from any and all claims, lawsuits, liabilities, penalties, or fines, including attorney's fees and costs, arising out of, in connection with, or incident to any loss, damage or injury to persons or property occurring as a result of the Contractor’s or any subcontractor's intentional misconduct or negligent acts, errors or omissions in its performance pursuant to this contract. The obligation in this section to defend against claims by third parties applies whether or not the alleged claim is found to have been the responsibility of the Contractor. (b) Contractor further agrees to appear and defend, and to indemnify and save free and harmless the Borough and its officers, employees and agents from and against any of the foregoing claims, liabilities, penalties, fines or damages, whether or not valid, and for any cost and expense, including reasonable attorney's fees, incurred by the Borough, its officers, employees or agents on account of any claim therefore, including claims by reasons of any defects in any plans, drawings, specifications, computer programs, technical reports, or other work product of Contractor prepared for or submitted to the Borough pursuant to this Agreement provided said claim is not based upon a use of said plans, drawings, specifications or other work product for other than the purposes for which such data was prepared and submitted to the Borough. (c) Contractor shall keep the work free from all liens and shall indemnify and defend the Borough and hold it harmless from any claims of Contractor’s subcontractors or suppliers. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 37 of 127 Section 13: No Third-Party Beneficiaries. Nothing in this Agreement shall be construed to give any person other than the Borough and the Contractor any legal or equitable right, remedy or claim under this Agreement, but it shall be held to be for the sole and exclusive benefit of the Borough and the Contractor. Section 14: Compliance with Laws and Regulations. Contractor shall, at Contractor’s sole cost and expense, comply with all of the requirements of all local, state, or federal laws, ordinances, or regulations now in force, or which may hereafter be in force, pertaining to this Agreement, or the project or work to be performed, and shall faithfully observe in the performance of this Agreement, all local, state, and federal laws, ordinances and regulations now in force or which may hereafter be in force. When a change in laws, ordinances or regulations results in additional costs, the Contractor may request a change order to cover those costs. Any such change order shall be limited to the Contractor’s actual additional costs as a result of the change. The Contractor shall pay all taxes pertaining to its performance under this contract. Section 15: Successors and Assigns. Except as otherwise provided herein, the covenants, agreements and obligations herein contained shall extend to bind and inure to the benefit not only of the parties hereto but their respective personal representatives, heirs, successors and assigns. Section 16: Miscellaneous. (a) Terminology. Whenever herein the singular number is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders. (b) Law Applicable. The laws of the State of Alaska shall govern the construction, validity, performance and enforcement of this Agreement. Venue as to any action, claim, or proceeding arising out of, or based upon this Agreement, including, but not limited to, any action for declaratory or injunctive relief, shall be the appropriate Court sitting in the City of Kodiak, Third Judicial District, Alaska. (c) Paragraph Headings. The headings of the several sections and subsections contained herein are for convenience only and do not define, limit or construe the contents of such sections and subsections. (d) Terms Construed as Covenants and Conditions. Every term and each provision of this Agreement performable by Contractor shall be construed to be both a covenant and a condition. (e) Time of the Essence. Time is of the essence of each term, condition, covenant and provision of this Agreement; provided, however, that the parties understand that some performance is weather dependent and delays due to weather or other matters outside of Contractor’s control are excepted. (f) Severability. In the event any provision of this Agreement is adjudicated or held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. (g) Nonwaiver. No delay or omission of the right to exercise any power by either party shall impair any such right or power, or be construed as a waiver of any default or as acquiescence therein. One or more waivers of any covenant, term or condition of this Agreement by either party shall not be construed by the other party as a waiver of a subsequent breach of the same covenant, term or condition. The consent or approval by either party to any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. Section 17: Amendment. (a) This contract shall only be amended, modified or changed by writing, executed by authorized representatives of the parties. (b) For the purpose of any amendment modification or change to the terms and conditions of this contract, the only authorized representatives of the parties are: 1) EagleView, Dustin Walters, District Manager - Alaska AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 38 of 127 2) Kodiak Island Borough, Borough Manager (c) Any attempt to amend, modify, or change this contract by either an unauthorized representative or unauthorized means shall be void. Section 18: Entire Agreement. This Agreement and any schedules, appendices or exhibits attached hereto sets forth all the covenants, promises, agreements, conditions and understandings between the parties hereto, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between them other than as herein set forth. Except as herein otherwise expressly provided, no contemporaneous or subsequent agreement, understanding, alteration, amendment, change or addition to this Agreement, or any schedule, appendix, exhibit or attachment thereto shall be binding upon the parties hereto unless reduced to writing and signed by both parties. This Agreement constitutes a final, complete, and exclusive statement of the agreement between the parties. PART II SPECIAL PROVISIONS Section 1: Insurance. (a) During the entire period of the project or work, the Contractor shall provide the following types of insurance. The Borough shall be insured as additional insured on all insurance policies except professional liability contracts. All policies shall have a thirty (30) day cancellation clause. 1. Professional liability insurance covering errors and omissions at $1,000,000 per claim. 2. Workers' compensation as required by law and employer's liability coverage at a minimum of $1,000,000. 3. Commercial general liability insurance - $1,000,000 per occurrence and $2,000,000 aggregate. (b) Each policy of insurance required by this Section shall provide for no less than thirty (30) days’ advance notice to the Borough prior to cancellation. Insurance certificates will be required to be submitted for review by the Borough Manager before the Borough will issue a notice to proceed. Failure to maintain coverage is a material breach and grounds for termination of the contract. (c) Should the Contractor fail to comply with the insurance requirements of this Agreement, the Kodiak Island Borough may terminate the Agreement on ten (10) days written notice. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 39 of 127 Section 2: Equal Employment Opportunity. (a) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, disability, national origin, ancestry, age, or sex. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, disability, national origin, ancestry, age or sex. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) The Contractor shall state in all solicitations or advertisements for employees to work on contract jobs to be let in the performance of this Agreement, that all qualified applicants will receive consideration for employment without regard to race, color, religion, disability, national origin, ancestry, age, or sex. (c) The Contractor agrees to fully cooperate with the office or agency of the State of Alaska which seeks to deal with the problem of unlawful or invidious discrimination, and with all other State efforts to guarantee fair employment practices under this Agreement, and said Contractor will comply promptly with all requests and directions from the State Commission of Human Rights or any of its officers or against relating to prevention of discriminatory employment practice. (d) Full cooperation as expressed in the foregoing clause (c) shall include, but not be limited to, being a witness in any proceeding involving questions of unlawful or invidious discrimination if such is deemed necessary by any official or agency of the State of Alaska, permitting employees of said Contractor to be witnesses or complainants in any proceeding involving questions of unlawful or invidious discrimination, if such is deemed necessary by any official or agency of the State of Alaska, or the Borough, participating in meetings, submitting periodic reports on the equal employment aspects of present and future employment, assisting in inspection of relevant facilities, and promptly complying with all State directives deemed essential by any office or agency of the State of Alaska, or the Borough, to insure compliance with all federal and state laws, regulations, and policies pertaining to the prevention of discriminatory employment practices. (e) Failure to perform any of the above agreements pertaining to equal employment opportunities shall be deemed a material breach of the contract and sufficient grounds for termination of this Agreement for cause without liability. Section 3: Contractor Responsible for Personnel. The Contractor has or will secure, at Contractor's own cost and expense, all personnel required to perform this Agreement in a timely and proper manner. The parties hereto agree and understand that such personnel shall in no event be deemed to be, and are not, employees, agents, or representatives of the Borough and such persons shall have no contractual or other relationship with the Borough, and the Borough shall have no responsibility or liability whatsoever to any of said persons, or for the acts or omissions of any of such persons. Section 4: Personnel Supervision. Contractor agrees that all work and services required or provided under this Agreement shall be performed personally by the Contractor, unless otherwise authorized in writing by the Borough’s contracting officer, and in such event all personnel engaged in any such work shall be fully qualified, and shall be licensed and authorized under applicable state, federal and local laws to perform such services. Section 5: Corporate Authority. If Contractor is a corporation, Contractor shall deliver to the Borough at the time of execution of this Agreement a certified copy of a resolution of its board of directors authorizing the execution of this Agreement and naming the officers that are authorized to execute this Agreement on behalf of the corporation. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 40 of 127 Section 6: Additional Terms and Conditions. This Agreement is subject to each of the additional terms, covenants, conditions and provisions attached hereto as Exhibit A, which are hereby expressly referred to and incorporated herein as though set forth in full. Wherefore the parties have entered into this Agreement the date and year first above written. KODIAK ISLAND BOROUGH: Date:____________________ By:_____________________________ Michael Powers Borough Manager ATTEST: By:_____________________________ Tara Welinsky, Borough Clerk APPROVED AS TO FORM: By :_____________________________ Scott A. Brandt-Erichsen Borough Attorney CONTRACTOR: EagleView Date:_____________________ By:_____________________________ Brian Brockmann BOROUGH ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____ day of ______________, 2020, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Michael Powers, to me known to be the Borough Manager of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that he signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. ________________________________ (Seal) NOTARY PUBLIC FOR ALASKA AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 41 of 127 My Commission Expires: ____________ STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ___ day of ____________, 2020, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Tara Welinsky, to me known to be the Borough Clerk of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that she was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that she signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. ________________________________ (Seal) NOTARY PUBLIC FOR ALASKA My Commission Expires: ____________ AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 42 of 127 ACKNOWLEDGMENT LIMITED LIABILITY COMPANY STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) I, _____________, a Notary Public, in and for the State of_________________, hereby certify that ___________________________________________, whose name as manager/member of _________________________________, LLC., is signed to the foregoing instrument and who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument, he or she, as such officer and with full authority, executed the same voluntarily for and as the act of said limited liability company. WITNESS my hand and official seal the day and year in this certificate above written. ________________________________ (Seal) NOTARY PUBLIC FOR ALASKA My Commission Expires: ____________ CORPORATE CERTIFICATE I,_______________________ , certify that I am the Secretary of the Corporation named as Contractor in the foregoing instrument; that______________________________, who signed said instrument on behalf of the Contractor, was then ___________________ of said Corporation; that said instrument was duly signed for and on behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. __________________________________ Signature AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 43 of 127 CORPORATE ACKNOWLEDGMENT STATE OF ______ ) ) ss. COUNTY OF ___________ ) THIS IS TO CERTIFY that on this ____ day of _________________ , 2020, before me, the undersigned, a Notary Public in and for the State of _______________ , duly commissioned and sworn, personally appeared _____________________(Name) and ______________________ (Name) known to be the President and Secretary of _________________________, the corporation which executed the above and foregoing instrument, and who on oath stated they were duly authorized to execute said instrument and acknowledged that they signed the same freely and voluntarily on behalf of said corporation for the purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate above written. ________________________________ (Seal) NOTARY PUBLIC FOR ____________ My Commission Expires: ____________ AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 44 of 127 EXHIBIT A SCOPE OF WORK 1. Scope of Services 1.1 Scope of work The general scope of work includes the work to plan, collect, process, and deliver a color-balanced, georeferenced, orthorectified imagery product and/or alternatives to the Borough for the next six years. Two different minimum spatial resolutions are requested: high-resolution (6 in) and medium resolution (1.5 ft). The general areas and the desired resolutions are depicted in Figure 1: Collection Areas. Figure 1: Collection Areas Collection area shapefile can be downloaded from: http://data-kiborough.opendata.arcgis.com/datasets/kib-collectionareas-aksp5nad83 AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 45 of 127 1.2 Contract Deliverables 1.2.1 Acquisition planning and updates Prior to each acquisition, the collection area will be reviewed and modified as needed. Areas may be larger or smaller than areas presented in Figure 1 of this RFP. Imagery providers shall communicate with the Borough about acquisition and delivery schedules and make available to the Borough interim products, if applicable. 1.2.2 Orthoimagery Color-corrected, three-band (R,G,B) or four-band (R,G,B,NIR), georeferenced, orthorectified imagery. 1.2.3 Alternative Products and/or Services (if applicable) Details presented in proposal will be incorporated into the contract. This includes the additional ground control and 6 in AccuPLUS upgrade for the City of Kodiak areas in years 2 and 5 and the enhanced oblique imagery for all areas. 1.2.4 Control Provide horizontal and vertical control for aerial acquisition products. 1.2.5 Metadata Metadata in FGDC or ESRI compliant schema to accompany imagery deliverable. Should, at a minimum, include contact info, acquisition date, platform used, statement about horizontal and vertical control, accuracy statement. 1.3 Proposed collection schedule The proposed schedule for imagery acquisition is provided in in Table 2. Y1 Y2 Y3 Y4 Y5 Y6 Area 2020 2021 2022 2023 2024 2025 Remote 1: Northwest Kodiak x Remote 2: Afognak x Remote 3: Southeast Kodiak x Remote 4: Southwest Kodiak x Road System x x Table 2: Proposed collection schedule The Borough would prefer imagery acquisition to occur in the spring, after the snow melt, before the vegetation leafs out and with minimal shadows. The goal is to collect imagery that makes it easy to identify and delineate buildings and other structures. Final products should be delivered on or before December 1 of each collection year. 1.4 Considerations Imagery AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 46 of 127 The Borough is requesting that the imagery be snow-free, cloud-free and vegetation-free with minimal shadows. Coordinate system Borough uses two projected coordinate systems: NAD 1983 Alaska State Plane Zone 5 (WKID:102635, Esri) and WGS 1984 Web Mercator (WKID:3857, EPSG). Software The Borough uses ArcGIS Desktop to view, process and publish imagery data. Currently, the Borough is running ArcGIS 10.5.x. The Borough also publishes data to ArcGIS Online for viewing in web applications. Ownership The Borough shall own the copies of the orthogonal imagery delivered to the Borough by Contractor pursuant to this contract (the “Transferred Deliverables”). The Borough is free to use, reproduce, and redistribute copies of the Transferred Deliverables in any manner without any accounting to Contractor. Contractor shall own all copies of the Transferred Deliverables, including all formats in which such copies are maintained (including, but not limited to, electronic), that remain in Contractor’s possession. Contractor is free to use, reproduce, and redistribute copies of the Transferred Deliverables in any manner without any accounting to the Borough. All inventions, discoveries, improvements, technology, designs, works of authorship, patents, copyrights, technical information, data, databases, software, business information, and other information used to create the Transferred Deliverables remain the sole and exclusive property of Contractor. All oblique imagery, software, online services and online content, or other deliverables not specifically mentioned above which are produced by Contractor pursuant to the resulting contract remain the sole and exclusive property of Contractor (the “Licensed Deliverables”). The Licensed Deliverables are subject to Contractor’s license agreements (set forth in Exhibit E). AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 47 of 127 EXHIBIT B CONTRACTOR’S PROPOSAL AS SUBMITTED AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 48 of 127 Submitted By Phone and Email Address Dustin Walters (541) 325-3781 25 Methodist Hill Dr. District Manager - Alaska Dustin.Walters@EagleView.com Rochester, NY 14623 EagleView An Innovative Aerial Imagery Solution Prepared by EagleView for Kodiak Island Borough AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 49 of 127 AGENDA ITEM #2.a.Contract No. FY2020-19 Aerial Imagery Acquisition.Page 50 of 127 In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 3 Table of Contents 1. Cover letter ............................................................................................................. 2 Table of Contents ....................................................................................................... 3 2. Company information ............................................................................................. 4 a. Authorized representative and point of contact ..................................................................................... 4 b. Company overview ................................................................................................................................. 4 c. Company qualifications .......................................................................................................................... 5 d. Key personnel overview .......................................................................................................................... 5 e. Subcontractor overview .......................................................................................................................... 6 f. Resources and equipment ....................................................................................................................... 6 g. References .............................................................................................................................................. 7 3. Proposed products ................................................................................................. 9 a. Product specifications ............................................................................................................................ 9 b. Product pricing for proposed products ................................................................................................. 11 c. Future products and pricing .................................................................................................................. 11 d. Alternative products and pricing .......................................................................................................... 12 e. Product acquisition and delivery timeline ............................................................................................. 12 f. Provide product and metadata samples as an attachment .................................................................. 12 4. Special considerations .......................................................................................... 13 a. Licensing and/or use restrictions .......................................................................................................... 13 b. Minimum collection area requirements ............................................................................................... 13 5. Project management ............................................................................................ 13 a. Proposed plan of action ........................................................................................................................ 13 b. Contingency measures ......................................................................................................................... 15 c. Quality assurance and quality control measures .................................................................................. 15 d. Ability to adapt to change and offer new products .............................................................................. 16 6. Conflict of interest ................................................................................................ 16 7. Attachments ......................................................................................................... 17 a. Key personnel and subcontractor qualifications ................................................................................... 17 b. Imagery and metadata samples ........................................................................................................... 21 c. Alternative product detail (if applicable) .............................................................................................. 21 d. Exceptions to the provided sample contract ......................................................................................... 26 AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 51 of 127 In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 4 2. Company information a. Authorized representative and point of contact NAME Pictometry International Corp., a member of the EagleView family of businesses and herein referred to as EagleView AUTHORIZED REPRESENTATIVE Brian Brockmann, Corporate Vice President POINT OF CONTACT Dustin Walters, District Manager – Alaska ADDRESS 25 Methodist Hill Dr. Rochester, NY 14623 PHONE (541) 325-3781 EMAIL ADDRESS Dustin.Walters@EagleView.com b. Company overview Pictometry International Corp. is a privately held company. Since incorporation in 2000, Pictometry has grown into an aerial imagery industry leader and continues to invest heavily in research and development of new and updated technologies. In 2013, Pictometry merged with Eagle View Technologies, Inc., the leading provider of 3D aerial measurement services to the insurance, construction, and solar markets. Eagle View generates the majority of its reports from data derived from Pictometry imagery. Both entities are members of the EagleView family of companies and backed by investments from Vista Equity and Clearlake Capital. ADDRESS 25 Methodist Hill Dr. Rochester, NY 14623 PHONE (585) 486-0093 TOLL FREE PHONE (888) 771-9714 FAX (585) 486-0098 WEB ADDRESS www.EagleView.com ESTABLISHED 1994, Incorporated in Delaware on 11/2/2000 FEIN # 16-1595473 DUNS # 967973769 GSA # GS-35F-0801N AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 52 of 127 In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 5 c. Company qualifications EagleView combines imagery that reveals the finest and most important details with computer vision to help identify insights into any location—from anywhere. By delivering timely, comprehensive answers to complex questions, we help professionals across industries improve people’s lives and make informed decisions for the present and future. Founded in 2000, Pictometry International Corp. pioneered the acquisition of georeferenced, oblique aerial imagery. Pictometry’s patented camera system, which captures oblique and orthogonal imagery simultaneously, is the only one to receive U.S. Geological Survey certification. In January 2013, Pictometry International Corp. merged with Eagle View Technologies, Inc., a provider of aerial roof measurements and property data reports. As EagleView, we have become the unparalleled providers of aerial data and measurement and analytical tools through proprietary software and partner integrations. With a growing fleet of more than 100 aircraft and library of 1 billion images, we deliver more coverage and third-party integrations than any other aerial imagery provider. Pictometry International Corp. is registered to do business in Alaska. As a member of the EagleView family of companies, Pictometry International Corp. is hereinafter referred to as EagleView. d. Key personnel overview The Project Manager, Mike Borrelli, for the Kodiak Island Borough project will oversee a team of project planners and production managers. This team will estimate a schedule of milestones, monitor progress against them, and act when necessary to keep projects on track. Mike Borelli will provide Kodiak Island Borough with weekly updates during capture and regular updates during post-processing. All teams involved track project milestones and order details within an internal Customer Relationship Management (CRM) system, from flight planning through delivery. This system serves the entire organization. In addition to Project Management, the in-house teams integral to the capture and production of Kodiak Island Borough’s aerial imagery are outlined here: AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 53 of 127 In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 6  Flight Operations, led by Chad Rhinewald, follows processes based on nearly 20 years’ experience capturing oblique and orthogonal imagery in highly controlled and congested airspace. It monitors a growing fleet of more than 100 aircraft, ensuring sufficient resources can be dedicated to each project, and projects can be started and completed on time. The team ensures proper permits are obtained for each project and will monitor pilots, aircraft, and camera systems during capture.  Geomatics, led by Chris Clar, will receive, develop and geo-reference imagery and perform initial quality control checks. If images do not meet quality standards, specialists will mark imagery for recapture.  If the AccuPlus upgrade for City of Kodiak is selected: o Professional Processes and Survey Operations, led by Carl Schoenthal, will ensure professional processes are established and quality standards achieved throughout the project. The team will also coordinate the establishment of ground control. o The Aerial Triangulation team, led by Chris Clar, will perform tie-point generation, aerial triangulation using ground control, and orthorectification to ensure the final orthomosaics meet Kodiak Island Borough’s accuracy requirements and specifications. The Image Corrections team, also part of the Photogrammetry Department led by Chris Clar, will ensure imagery meets USGS quality specifications for orthophotography.  Customer Technical Services will prepare and ship the imagery hard drives to the customer. Should Kodiak Island Borough require training for EagleView’s web-based image viewing software, CONNECT, the Training Team will coordinate with the customer and deliver in-person or virtual instructional sessions with users.  On-going local technical support will be provided by Regional Technical Manager Megan Reilly at Megan.Reilly@EagleView.com or (208) 390-8420. Account support is available through District Manager Dustin Walters at Dustin.Walters@EagleView.com or (541) 325-3781. Resumes for key personnel can be found in the attachments section. e. Subcontractor overview If the AccuPlus authoritative orthomosaic upgrade option is selected by Kodiak Island Borough, EagleView will subcontract with a professionally licensed surveyor to collect ground control using the methodology described in Section 3.a.iii. – Control to be used for orthorectification. f. Resources and equipment Aircraft EagleView maintains a growing fleet of more than 100 aircraft, including a mix of Cessna 172 single- engine and Piper Aztec twin-engine planes, strategically based across the United States, Canada and Australia. This fleet allows EagleView to logistically capture imagery in different regions simultaneously. Cameras and Calibration Aircraft are equipped with EagleView’s patented camera system which features five separate cameras: one focused on the nadir (straight-down view), and four that capture oblique images facing north, south, east, and west. The system also includes an Applanix Position and Orientation System (POS) with a Global Positioning System (GPS) antenna and an Inertial Measurement Unit (IMU). This is the only oblique capture system to be certified by the United States Geological Society (USGS) because of its proven locational accuracy. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 54 of 127 In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 7 Cameras undergo a rigorous calibration process, developed by EagleView and licensed to the USGS, prior to image collection and as part of the manufacture. The calibration is performed through the capture of a series of images from prescribed locations and at varied orientations of a stationary target cage. Targets are identified in the images collected via a semi-automatic process, and a free- network bundle adjustment is performed to solve for camera interior orientation, including precise focal length, principal point location, and radial distortion coefficients. These parameters are then incorporated into the camera model used during subsequent image processing operations. EagleView also puts each camera through its color calibration process to ensure consistent representation of ground features. In advance of capturing data, EagleView performs an additional aerial boresight calibration on each of the systems involved in a project. An adjustment is computed to solve for the alignment between the optical axis of the camera and the internal coordinate axes of the Inertial Measurement Unit (IMU). This adjustment is then applied to the imagery captured throughout each project. Each system completes a boresight flight at regular intervals to ensure sensors have stayed in alignment. g. References Fairbanks North Star Borough, Alaska Contact: Bryn Dunbar Role: GIS Analyst Phone: (907) 459-1210 Email: Bryn.Dunbar@fnsb.us The Fairbanks North Star Borough has flown three flights with EagleView dating back to 2009. The Alaska interior presents many challenges to capturing imagery, but because of our commitment and capabilities, we’ve completed each project with little to no issues. Because of this, in October, the Borough made the decision to sign a contract for three flights over the next 9 years to make sure they have a long term successful imagery program. The Borough purchases ortho and oblique imagery and uses EagleView’s CONNECT platform to view and measure imagery. Configured for Areawide Capture. EagleView’s capture system was designed for the highly efficient capture of regional, county and city areas with five views: a traditional nadir view plus north, south, east, and west oblique views. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 55 of 127 In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 8 BC Assessment, British Columbia, Canada Contact: David Garnham Role: Manager, Data Management and Reporting Phone: (250) 595-6211 Email: david.garnham@bcassessment.ca For accurate remote property assessment, BC Assessment flies imagery with EagleView on an annual basis. This includes places like Vancouver Island all the way up the BC coastline through Haida Gwaii, which has similar terrain to Kodiak Island. Skagit County, Washington Contact: Joshua Greenberg, PhD., GISP. Role: Skagit County GIS/Mapping Phone: (360) 416-1136 Email: joshg@co.skagit.wa.us Skagit County has flown with EagleView every 2 years since 2007. Skagit County has a mix of terrain ranging from low farmlands to the crest of the North Cascades National Park, reaching elevations of over 9000 feet. The weather, which can range from sunny to rain and then snow all in the same day, can be challenging for imagery capture. Because of the quality of our equipment, our numerous resources and our dedication, we have successfully captured imagery for the County for the past 12 years. Grays Harbor County, Washington Contact: Dan Lindgren Role: County Assessor Phone: 360-964-1536 Email: dlindgren@co.grays-harbor.wa.us Grays Harbor County recently extended its contract to add two additional flights over the next 6 years. The County is heavily treed which makes property assessment and other work challenging without the support of great imagery. The County is also unique in the State of Washington as it is the only one that manages its own timber lands for logging and sales. High-quality, regularly updated imagery has been key to multiple departments’ success. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 56 of 127 In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 9 3. Proposed products a. Product specifications i. Satellite or aerial imagery Alaska-based flight crews will capture imagery from Cessna 172 single-engine and Piper Aztec twin- engine planes using our proprietary PentaView capture system, as detailed in Section 2f, Equipment. This capture system can capture orthogonal and oblique imagery simultaneously and efficiently. Best efforts will be made for imagery to be snow-free, cloud-free and leaf-off, with minimal shadows. Throughout each capture mission, GPS/IMU data will be logged on the aircraft. The GPS data will be recorded at a minimum rate of 2Hz, and the IMU data will be logged at a minimum rate of 200Hz. Concurrently, multiple GPS reference stations will be logging data on the ground. These reference stations are typically part of the NGS CORS network. EagleView may set up and run a base station, as needed. The imagery will be nominally captured with a PDOP value of less than 8.0 and within 60 kilometers of an operating GPS reference station. EagleView limits its sensor to 6 degrees of pitch and yaw. This limit can be used due to the narrow field of view of EagleView’s cameras which, by design, limit the off-nadir distance of features at the edge of the frame. Imagery will be captured at 12 bits per band (and resampled to 8 bits during processing) with a planned forward overlap of 60 percent and a sidelap of 30 percent. Image collection will extend beyond the project area boundaries to produce full orthoimagery coverage. Capture angle for oblique imagery is between 40 to 45 degrees. Flight window is when the sun angle is 25 degrees or greater for our standard visualization-grade imagery and 30 degrees or greater for our AccuPlus imagery that meets accuracy specifications. ii. Spatial resolution Imagery will be captured at 6-inch ground sample distance (GSD) resolution in natural-color (RGB). Imagery will be processed at our facility in Rochester, NY. Orthoimagery will be delivered in the Borough’s preferred projected coordinate system and is compatible with ESRI GIS Software. iii. Control to be used for orthorectification The following White Paper details the tested accuracy of our standard orthoimagery: https://www.eagleview.com/wp-content/uploads/2017/07/Absolute-Horizontal-Accuracies_2014-11- 21-1.pdf. For our standard 6-inch orthoimagery frames, the computed 95% absolute horizontal accuracy results of the tested areas were 1.4 foot (43cm) RMSEx/RMSEy Horizontal Accuracy Class +/- 4.4 feet [135cm] at a 95% confidence level. For the City of Kodiak project area, we offer an upgrade to our aerially triangulated and manually corrected AccuPlus orthomosaic, for which our subcontractor can collect ground control sufficient to meet the ASPRS 1990 Horizontal Accuracy Class 1 at 1’’=200’. Our AccuPlus mosaic is delivered with FGDC-compliant metadata. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 57 of 127 In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 10 The following description of the process of ground control collection would apply for the capture and processing of the City of Kodiak area if the AccuPlus upgrade option is chosen: Ground Control Processes EagleView will collect geo-referenced data while performing aerial imagery captures using an Airborne Global Positioning System (AGPS) and an on-board Inertial Measurement Unit (IMU). A licensed Professional Land Surveyor (PLS) will collect Ground Control Points (GCPs) to confirm the accuracy of the collected imagery. EagleView and the PLS will evaluate the project area to ensure sufficient ground control exists before image capture starts. New forms of ground control will be established, as needed, to ensure EagleView meets the desired accuracy and resolution. If requested, Kodiak Island Borough will receive a signed and sealed copy of the Surveyor’s Report, which is used to verify ground control meets or exceeds specified accuracy requirements. The Flight Planning Team will establish a flight plan and cross- lines for capture based on the location of GCPs. The team will first review the project area for any suitable existing ground control. The team will then decide the amount and placement of new GCPs needed to meet specifications. A licensed PLS will evaluate the planned locations and project requirements before proceeding and oversee the collection of needed GCPs. If new ground control is required, EagleView will use photo- identifiable points from existing imagery wherever possible. GCPs will be placed on clearly defined high-contrast targets, such as the intersection of two sidewalks, the point where a driveway meets a road, or the end of a sufficiently thick painted stripe or arrow. When photo-identifiable control is not available, the surveyor will place or paint semi-permanent targets prior to imagery capture. Targets may be laid out in an X, T, or + shape. They will have high contrast and be clearly visible from the sky. The surveyor will attempt to place targets in public right-of- way and avoid restricted areas and private property whenever possible. Field technicians will collect ground control under the guidance of a licensed PLS, using Static, Rapid- Static, and/or Real-Time Kinematic GPS Observations and, as needed, other approved forms of ground measurements. These technicians will provide field notes and collect multiple photos of each GCP that show its relation to the surrounding area. Confirming Accuracy. EagleView surveys clearly defined, photo-identifiable targets (top) and painted targets (bottom) to establish quality ground control. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 58 of 127 In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 11 Ground control will be delivered in the requested coordinate system. EagleView will provide Kodiak Island Borough with a signed and sealed Surveyor’s Report. This report will describe the surveying equipment and methodology, networks and datums used, and provide coordinates and accuracies for each GCP in the client’s specified coordinate system. This report will include, but is not limited to: • Project-specific scope of work, including number and type of GCPs • Methods of collection, horizontal and vertical datums, units, and measures of accuracy used • State plane coordinates and geographic coordinates of each GCP • Notes, exceptions, or disclaimers regarding GCPs or the project • Digital spreadsheet containing all data sets • Shapefile showing locations of each GCP • Digital photos that clearly indicate location of GCPs, and coordinate name/number of the point in the photo. b. Product pricing for proposed products Please note the additional $11,455 and $8,000 in Years 2 and 5 are optional to upgrade the City of Kodiak area to Class 1 level Orthomosaic, our AccuPlus product. c. Future products and pricing Highly efficient, high-resolution imagery with our next-generation camera system To make the most of limited capture windows, our innovative next-generation camera system allows us to acquire high-resolution imagery from high-altitude aircraft with variable-aim cameras. Capturing with this platform provides a detailed and consistent viewing experience across your entire area of interest— while still reducing the number of days to complete capture. Our investment in this platform will allow AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 59 of 127 In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 12 us to offer higher resolution imagery in a shorter timeline going forward, and we will be happy to make Kodiak Island Borough aware when this offer is available for your location. We would be willing to work with the Borough to scope the need for 4-band imagery in the projects for years 2─6. d. Alternative products and pricing We will work with the Borough to scope the desired quantity and area of oblique imagery for each project year. Pricing for the additional oblique imagery will be contingent on that scope and worked out prior to contract. Our additional value-add products of our web-based image viewing platform CONNECT, integrations, and DRP are contingent on the purchase of oblique imagery. You can use our WMS/WMTS Image Service with orthoimagery at the price listed below. We describe these products in detail in Attachment C for the Borough’s reference. Pricing Summary  Oblique imagery – Pricing contingent on scope of project  CONNECT – No charge*  Integrations – No charge*  WMS/WMTS Image Service – $2,000  Disaster Response Program (DRP) – No charge* *With purchase of oblique imagery e. Product acquisition and delivery timeline i. Recommended collection window for staging and acquisition TASK NAME START END PLANNING FLIGHT PLANNING 5/1/2020 5/14/2020 ACQUISITION PRIMARY COLLECTION 5/15/2020 7/1/2020 REFLIGHTS (IF NECESSARY) 7/1/2020 7/14/2020 ii. Turnaround time from acquisition to orthoimagery delivery TASK NAME START END IMAGE PRODUCTION APPLANIX POS/GNSS PROCESSING 5/19/2020 7/19/2020 FINAL STANDARD IMAGERY PRODUCTION 7/19/2020 8/19/2020 AERIAL TRIANGULATION (ACCUPLUS) 8/19/2020 10/18/2020 IMAGE CORRECTIONS (ACCUPLUS) 10/18/2020 11/18/2020 DELIVERY EARLY ACCESS 5/29/2020 8/26/2020 INITIAL STANDARD DELIVERY 8/19/2020 8/26/2020 FULLY CORRECTED ACCUPLUS MOSAICS 11/18/2020 11/25/2020 FINAL ACCUPLUS CONNECT DELIVERY 11/25/2020 12/2/2020 f. Provide product and metadata samples as an attachment Imagery and metadata samples have been uploaded directly to the Kodiak Island Borough. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 60 of 127 In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 13 4. Special considerations a. Licensing and/or use restrictions The Borough shall own the copies of the orthogonal imagery delivered to the Borough by Pictometry pursuant to the resulting contract (the “Transferred Deliverables”). The Borough is free to use, reproduce, and redistribute copies of the Transferred Deliverables in any manner without any accounting to Pictometry. Pictometry shall own all copies of the Transferred Deliverables, including all formats in which such copies are maintained (including, but not limited to, electronic), that remain in Pictometry’s possession. Pictometry is free to use, reproduce, and redistribute copies of the Transferred Deliverables in any manner without any accounting to the Borough. All inventions, discoveries, improvements, technology, designs, works of authorship, patents, copyrights, technical information, data, databases, software, business information, and other information used to create the Transferred Deliverables remain the sole and exclusive property of Pictometry. All oblique imagery, software, online services and online content, or other deliverables not specifically mentioned above which are produced by Pictometry pursuant to the resulting contract remain the sole and exclusive property of Pictometry (the “Licensed Deliverables”). The Licensed Deliverables are subject to Pictometry’s license agreements that will be set forth in the resulting contract. If the Borough chooses, you can access our full license agreements at the following link using the email address jday@kodiakak.us. https://eagleviewcloud.sharepoint.com/:f:/s/Proposals/ErGrUXO4fYNPq423ZH9K1GIBmdml81fmV387zz u1IMfdCw?email=lzeimer%40kodiakak.us&e=BVVhX5 b. Minimum collection area requirements Project minimums are determined based on individual project specifications. The estimated minimum collection area for Kodiak Island Borough is 200 square miles. Smaller areas can be evaluated on a case by case basis and in consultation with Kodiak Island Borough. 5. Project management a. Proposed plan of action EagleView will assign Mike Borrelli as project manager. He will work alongside Kodiak Island Borough to oversee your aerial imagery project and maintain the schedule. He will estimate a schedule of milestones, monitor progress against them, and act when necessary to keep projects on track. He will stay in frequent communication with Kodiak Island Borough on the project’s status throughout. This chart outlines main phases and milestones of your project. Phase Description Planning Approximately two months prior to image acquisition, Mike Borrelli will host a kick-off meeting via conference call with Kodiak Island Borough. He will collaborate with Kodiak Island Borough to develop a custom flight plan and review plans for ground control. Approximately 1–2 weeks before acquisition, he will notify Kodiak Island Borough when aircraft are moving or have moved into the area of interest (AOI). AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 61 of 127 In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 14 Capture We will capture Kodiak Island Borough imagery when the sun angle is 25 degrees or greater using a single- or twin-engine aircraft equipped with our patented PentaView camera system. This platform can simultaneously capture high-resolution ortho and oblique imagery. The small-format cameras ensure minimum building and feature lean and greater sharpness and clarity. Post-Processing Following capture, we will ship your imagery to our centralized processing facility in Rochester, NY. Our Geomatics team will post-process the imagery, turning the raw data into geo-referenced imagery. The team will also review the quality of the images and inspect for any capture issues. If images do not meet quality standards, the team will mark imagery for recapture. We review imagery while aircraft are still in the project area for efficient deployment should a re-fly be necessary. Oblique Production (if applicable) We will incorporate elevation data into oblique imagery through our patented Tessellated Ground Plane (TGP) process. The tessellation process extracts geographic coordinates and elevation data for each oblique image pixel and associates it with the corresponding position on the TGP. We use proprietary software to determine image-to-image as well as camera-to-camera accuracy. All oblique imagery undergoes a 12-step quality control review process prior to final delivery. Standard Orthomosaic Production Our Geomatics team will produce standard orthomosaics from the ortho imagery. The team will:  Color balance imagery to eliminate areas of significant contrast  Fully QC all final deliverables Authoritative Orthomosaic Production (if applicable) Our Photogrammetric team will produce authoritative orthomosaics to meet accuracy specifications. The team will:  Color balance imagery to eliminate areas of significant contrast  Review the individual footprints of the images, or polygons, for coverage issues, such as excessive overlap and gaps  Detect matching pixel values in overlapping images to adjust the location of images  Perform aerial triangulation using surveyed ground control coordinates  Use the best available DEM to orthorectify imagery  Generate mosaicked ortho tiles  Manually correct images that do not meet quality standards.  Fully QC all final deliverables. Delivery Standard delivery: Within 30-60 days after final capture, we plan to deliver oblique imagery and standard ortho tiles and orthomosaics on a hard drive. This imagery will be available on CONNECT. (Standard ortho imagery has not undergone aerial triangulation or image corrections.) Authoritative Orthomosaic Delivery (if applicable): We will deliver final ortho tiles and areawide orthomosaics that meet accuracy specifications with maximum image clarity within 120 days after final capture. We apply a full QA/QC process to final orthophotos, which will be aerial triangulated and corrected through automated and manual methods. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 62 of 127 In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 15 b. Contingency measures Ensuring Data Collection and Delivery Schedules A growing fleet of more than 100 aircraft will ensure sufficient resources can be dedicated to each project, and projects can be started and completed on time, pending unexpected weather and Air Traffic Control restrictions. EagleView’s longstanding relationship with Air Traffic Control will allow the Flight Operations team to capture aerial imagery in highly controlled and congested airspace in a timely manner. To alleviate the impact of poor weather, EagleView’s meteorologist(s) on staff will provide long- and short-range forecasts to best predict optimal flight windows. Steps for Issue Resolution If a project changes course, the Project Management team follows these steps, focusing on maintaining quality and adhering to customer specifications and schedule: 1. Review issue and/or change and analyze potential impact on quality and schedule. 2. Develop a plan or options available that will minimize impact on quality and schedule. 3. Communicate options to customer. Collaboratively determine best course of action. 4. Coordinate with internal teams and customer to implement plan. EagleView’s change management procedures align closely with its communications plan. EagleView’s Customer Relationship Management (CRM) system is key to change management processes. Internal teams provide all project updates in the CRM. External communication with the customer also is tracked using this tool. c. Quality assurance and quality control measures To ensure the Borough receives high quality, georeferenced imagery and to meet the Borough’s specifications, EagleView will apply its stringent quality control checkpoints throughout the capture and production process. The quality control procedures use both automated software-based methods and visual inspection. All quality control processes have been carefully developed and evaluated by licensed surveyors and certified photogrammetrists to comply with industry standards. Some of the key quality checkpoints are outlined here: Checkpoint Description System Calibration EagleView’s sensors are calibrated for lens distortion, system geometry, color response, and accurate bore sighting. Flight Planning Taking into account the digital elevation model, flight plans are tiered at different altitudes to allow for complete image overlaps and consistent resolution. The ground elevation also affects the altitude needed to fly to remain safe. Image Acquisition The flight management system performs several real-time quality checks during capture operations. The system immediately flags images captured when the aircraft experiences excessive roll, pitch, or yaw, and recaptures frames with significant glare or hot spots from solar reflection. Receiving Upon receipt of captured imagery, the Geomatics Team does a thorough inspection of imagery for any issues related to color, camera defects, environmental conditions, capture platform anomalies, cloud cover, AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 63 of 127 In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 16 shadows, glint or glare, and motion blur. If images do not meet quality standards, the image will be marked for recapture. Re-fly EagleView ships drives containing imagery and data to its processing facility while aircraft are still in the area. If a re-fly is needed, EagleView can dispatch pilots quickly. GPS Post-Processing Differential GPS and IMU post-processing is handled using Applanix POSPac suite of software, and the resulting solution is held to strict accuracy standards. Relative Accuracy Verification Using proprietary software, EagleView imagery is accuracy tested which provides a means for determining image-to-image as well as camera-to- camera accuracy. Ortho Mosaic Tile Review The Geomatics Team reviews each ortho-mosaic sector tile to verify proper coverage and identifies any image issues with careful attention paid to developed features, such as roads. Customer Deliverables A member of the QC team reviews all deliverables through a 12-step process to ensure data matches customer specifications and is free of errors. d. Ability to adapt to change and offer new products EagleView will work with Kodiak Island Borough to make the Borough aware of new products as they become available and is open to amending contracts to adjust products based on mutually agreeable terms. 6. Conflict of interest There are no conflicts of interests. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 64 of 127 In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 17 7. Attachments a. Key personnel and subcontractor qualifications AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 65 of 127 In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 18 AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 66 of 127 In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 19 AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 67 of 127 In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 20 AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 68 of 127 In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 21 b. Imagery and metadata samples Imagery and metadata samples have been uploaded directly to Kodiak Island Borough. c. Alternative product detail (if applicable) Oblique Imagery Pioneered by EagleView, oblique imagery is aerial imagery captured at an angle, providing a more natural perspective and making objects easier to recognize and interpret. With orthoimagery (center image below) captured simultaneously with images from four cardinal directions, we produce a 360- degree view of every property and parcel, as demonstrated below. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 69 of 127 In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 22 CONNECT Explorer Our CONNECT platform consists of a suite of software applications that give licensed users access to aerial imagery hosted on secure servers. The intuitive platform requires minimal training and provides a robust set of tools to perform day-to-day tasks via a web browser. Licensed CONNECT users can view and measure current and historical imagery and their own uploaded GIS data against the backdrop of high-resolution orthomosaics and oblique images. CONNECT integrations exist within Esri’s ArcGIS platform and most major computer-assisted mass appraisal (CAMA) systems, computer-aided dispatch (CAD) systems, and E-911 dispatch applications. Tens of thousands of county and city customers use CONNECTExplorer to make informed, accurate decisions daily. No software or installation is required. Features of CONNECTExplorer include:  Access to current and historical imagery  Intuitive analysis tools to determine location, area, height, elevation, ground slope, bearing, annotations, walking distance and more  GIS-layer hosting and integration  Search functionality on customer-provided GIS layers  Dual-pane mode to simultaneously view imagery from different years and angles to detect change  GPS Tool to narrow in on a user’s location  Image extraction in standard file formats, including JPG, TIF, GIF, KML, and PDF  24/7 access to your data using secure access protocols Measure building heights and visually evaluate ingress and egress of buildings in CONNECTExplorer. Public Safety and Assessment departments can make key decisions from their desks using EagleView’s oblique imagery in conjunction with the measurement and visualization tools in CONNECTExplorer. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 70 of 127 In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 23 Esri Integrations EagleView is a Gold Partner of good standing in the Esri Partner Network. Our orthophotography is fully compatible with Esri applications, and we produce several integrations with Esri products to accommodate oblique imagery and tools. We offer integration solutions for: • ArcGIS Desktop • ArcGIS Server • ArcGIS Pro • Web AppBuilder These integrations support location synchronization with the Esri map window to provide oblique imagery viewing, navigation and analysis, as well as GIS vector layer overlays. Esri Web AppBuilder Built with the Integrated Pictometry Application (IPA), the Pictometry for Esri Web AppBuilder (Developer Edition) is a custom widget that can be added to a web application developed using Esri’s Web AppBuilder (Developer Edition). This widget allows users with an active CONNECT organization to access oblique and orthogonal frame imagery; GIS layers configured in the CONNECT organization; and analytics tools for internal sites. Public-facing sites are configured for view-only access. Customizable Widget for Esri. Users can pan and rotate oblique and ortho imagery, view CONNECT- configured GIS layers and customize the dashboard with the Pictometry for Esri Web AppBuilder widget, which corresponds with the users’ web maps. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 71 of 127 In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 24 Web Mapping and Web Map Tile Services The CONNECT Image Service will allow Kodiak Island Borough to connect to a secure Web Mapping Service (WMS) or Web Map Tile Service (WMTS) to access orthomosaics available through its CONNECT account. Our WMS conforms with the Open Geospatial Consortium (OGC) WMS version 1.3.0 specification; WMTS conforms with the OGC version 1.0.0 specification. These web services can be accessed in most mainstream GIS or mapping applications that are capable of consuming orthomosaics compliant with OGC WMS/WMTS specifications for use internally and on public-facing websites. Example applications include, but are not limited to, Esri ArcGIS Desktop, ArcGIS Server and ArcGIS Online, Autodesk, and QGIS. If other third-party software packages can use WMS or WMTS that conform with the OGC specification, they will also be compatible. The projection for the map service is WGS84. Esri-Compatible WMS and WMTS. Our Web Map Tile Service integrates with Esri’s ArcGIS Desktop (as seen above), ArcGIS Server and ArcGIS Online as well as other common GIS applications. Disaster Response Program (DRP) Participation Kodiak Island Borough is eligible for participation in our Disaster Response Program (DRP) described below if the Borough purchases oblique imagery. The Borough would then be eligible from the effective date through the second anniversary of the initial project delivery. Following payment to EagleView of amounts due with respect to each subsequent project, the Borough will be eligible for the then-current DRP for a period of two years from delivery of such subsequent project. Customer must be in good- standing with EagleView to maintain eligibility for DRP. Subject to EagleView resources availability. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 72 of 127 In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 25 A. Disaster Coverage Imagery at No Additional Charge – EagleView will, upon request of Customer and at no additional charge, provide standard quality imagery of up to 200 square miles of affected areas (as determined by EagleView) upon the occurrence of any of the following events during any period Customer is eligible for the DRP: • Hurricane: areas affected by hurricanes of Category II and higher • Tornado: areas affected by tornados rated EF4 and higher • Terrorist: areas affected by damage from terrorist attack • Earthquake: areas affected by damage to critical infrastructure resulting from earthquakes measured at 6.0 or higher on the Richter scale • Tsunami: areas affected by damage to critical infrastructure resulting from tsunamis B. Discounted Rate – Coverage for areas affected by the events set forth above exceeding 200 square miles will be, subject to EagleView resource availability, offered to Customer at the then current DRP rates. Also, coverage for areas affected by hurricanes below Category II, tornadoes below EF4 or earthquakes rated below 6.0 on the Richter scale will be, subject to EagleView resource availability, offered to Customer at the then current DRP rates. C. Online Services – Use of EagleView CONNECTExplorer – EagleView’s DRP includes the use of CONNECTExplorer for a term of ninety days from the date of delivery of the DRP imagery. The CONNECT Explorer application simultaneously displays pre- and post-disaster images to aid recovery and restoration efforts. Technical Support and Training At no cost, EagleView will provide ongoing technical support and on-location training, which is unmatched in the industry. Users will learn best practices and how to use and manage our imagery and software within existing workflows. Our training program has increased the use of imagery and software throughout our customers’ organizations. Our Technical Training team will work with you to customize a training plan that best fits your needs. We offer various options, as noted below. Full electronic documentation is included for all sessions.  Administrator Training: We will deliver on-location or online (virtual classroom) training for administrators. GIS and IT support staff members will learn how to install, configure and support EagleView’s web-based CONNECT environment. This session will also include training on administration for Electronic Field Study (EFS) software, our desktop solution, if applicable.  End-User Orientation Training: We will deliver on-location or online (virtual classroom) training for end users to learn how our imagery functions with their GIS data and within existing workflows. Depending on your needs, we will train end users on the CONNECT and/or EFS solutions.  Advanced-User Training: Delivered on-location or online (virtual classroom), we will provide hands-on, customized training for Advanced Users you select. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 73 of 127 In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 26  Online Learning Center: Kodiak Island Borough employees are encouraged to register at www.learning.eagleview.com for additional product resources, user-led training modules and access to live web-based training calendars at any time for no additional cost. Customer Support: Customers can request support from Customer Technical Support (CTS) by sending an email to CustomerSupport@eagleview.com anytime or calling 1-855-337-1526 between 8:30 a.m. and 8:30 p.m. EST Monday through Friday. Customers can submit a support case via email 24/7. The first response will be less than six (6) business hours. Technical Support: Ongoing technical support will be provided by Megan Reilly, Technical Manager who supports Kodiak Island Borough, at (208) 390-8420 and Megan.Reilly@EagleView.com. Account Support: For account support and direction, contact: Dustin Walters, Alaska District Manager, at (541) 325-3781 and Dustin.Walters@EagleView.com. d. Exceptions to the provided sample contract We prepared our proposal based on the information provided by you and any assumptions we made in preparing our response. If there are material changes to the information or assumptions, this may result in modification to our proposal. Should Purchaser have any concerns with EagleViews’s exceptions listed below, EagleView is agreeable to further negotiate these exceptions in order to come to a mutually agreeable contract for this project. 1. Appendix A: Sample Contract, Section 4 (d)(2) a. EagleView requests an exception to add clarification to this. Should the services be deemed “defective” in the sense that the deliverables do not meet specifications, EagleView will use commercially reasonable efforts to remedy. 2. Appendix A: Sample Contract, Section 7(d)(1) and (2) a. EagleView requests an exception to these provisions. 3. Appendix A: Sample Contract, Section 7(d)(e) a. In the event of termination and all fees have been received for an applicable project, the Borough is entitled to a perpetual license of the delivered content. 4. Appendix A: Sample Contract, Section 9 a. EagleView requests an exception to this provision and suggests the following language: Neither party may assign or transfer this Agreement or any rights granted to it hereunder, in whole or in part, nor delegate any of its duties or obligations arising hereunder without the prior written consent of the other party, which consent shall not be unreasonably withheld; provided, however that this Agreement may be transferred by operation of law or assignment by either party to a surviving entity of a merger or consolidation involving that party or to a purchaser of all or substantially all of that party’s assets. Any assignment, transfer or delegation of rights, duties or obligations hereunder in contravention of the preceding sentence shall be null and void. This Agreement shall be binding upon and shall inure to the benefit of, and be enforceable by, the parties to this Agreement and their respective successors and permitted assigns. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 74 of 127 In Response To: Kodiak Island Borough Request for Proposal (RFP) for Orthoimagery 27 5. Appendix A: Sample Contract, Section 12(a) a. EagleView requests that “allegedly” be deleted from this provision. 6. Appendix A: Sample Contract, Section 16(e) a. As the imagery quality and the imagery capture process is contingent on conditions outside of EagleView’s control, including weather, EagleView requests an exception to this provision. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 75 of 127 EXHIBIT C RATE SCHEDULE The rates estimated for each year of service under the contract are listed in the table below. The costs listed are comprehensive estimates based upon current costs at the time of entering into the contract. Years 2-6 may require adjustment based upon changes in scope or scale, or changes in logistical expenses. The Contractor will notify the Owner of any adjustments from this table before the beginning of each contract year. Year of Service Task Order Region Task Order Cost Year 1 (2020) Afognak Island $122,595.00 Year 2 (2021) Road System $57,075.00 Year 3 (2022) Southeast Kodiak $135,465.00 Year 4 (2023) Southwest Kodiak $62,205.00 Year 5 (2024) Road System $57,075.00 Year 6 (2025) Northwest Kodiak $88,935.00 AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 76 of 127 EXHIBIT D CONTRACTOR’S DELIVERABLES FIRST PROJECT QTY PRODUCT NAME PRODUCT DESCRIPTION LIST PRICE DISCOUNT PRICE (%) AMOUNT 743 IMAGERY - NEIGHBORHOOD - 4-way (N5) (6in) Per Sector Product includes 6-inch GSD oblique frame images (4- way), 6-inch GSD orthogonal frame images, 1-meter GSD ortho mosaic sector tiles and one area-wide 1-meter GSD mosaic (ECW format). Orthogonal GSD: 0.5 feet/pixel; Nominal Oblique GSD (all values +/-10%): Front Line: 0.46 feet/pixel, Middle Line: 0.51 feet/pixel, Back Line: 0.60 feet/pixel. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use $250.00 $165.00 (34% – Long Term Incentive Discount) $122,595.00 1 RapidAccess - Disaster Response Program RapidAccess - Disaster Response Program is an emergency response program offering flights after an emergency or disaster. Refer to the attached detailed description of the Disaster Response Program. $0.00 $0.00 1 Media Drive Capacity 931G - Drive Model 1T - EXTPOWER External USB 2.0 / eSATA Externally Powered. Delivery media prices include copying a complete image library onto media. Sub-warehousing sold separately. $199.00 $0.00 (100%) $0.00 743 Mosaic - Area Wide (6in GSD; MrSID format; individual) Per Sector Available with purchase of corresponding tile product. New processing or re-processing to MrSID of individual tiles of 6-inch GSD imagery. Tiles are provided "as is." Refer to Product Parameters for additional details. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use $1.00 $0.00 (100%) $0.00 743 Tiles - Standard (6in GSD; JPG format) Per Sector Available with corresponding 3", 4", or 6" GSD imagery purchase. 6-inch GSD Mosaic Tiles in JPG Format. Tiles are provided "as is." Refer to Product Parameters for additional details. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use $20.00 $0.00 (100%) $0.00 1 AccuPlus Imagery Bundle w/One(1) Year of EFS Maint & Support Includes digital copy of the Licensed Documentation for the License Software, two (2) End User Training Sessions, one (1) Advanced User Technical Training, one (1) Administration / IT Training Session, five (5) hours of telephone support, one copy of Pictometry Electronic Field Study (EFS) software, latest version, on the storage media specified herein, and access to download updated versions of the EFS Licensed Software for a period of one years from the initial date of shipment of the EFS software, along with a copy of the updated documentation. Applicable Terms and Conditions: Software License Agreement $0.00 $0.00 1 Pictometry Connect - CA - 50 Pictometry Connect - CA - 50 (Custom Access) provides up to 50 concurrent authorized users the ability to login and access the Pictometry-hosted custom imagery libraries specified elsewhere in this Agreement via a web- based, server-based or desktop integration. The default deployment is through web-based Pictometry Connect. Term commences on date of activation. The quantity represents the number of years in the Connect term. Applicable Terms and Conditions: Online Services General Terms and Conditions;Software License Agreement $2,200.00 $0.00 (100%) $0.00 SUBTOTAL – FIRST PROJECT $122,595.00 SECOND PROJECT QTY PRODUCT NAME PRODUCT DESCRIPTION LIST PRICE DISCOUNT PRICE (%) AMOUNT 228 IMAGERY - NEIGHBORHOOD - 4-way (N5) (6in) Per Sector Product includes 6-inch GSD oblique frame images (4- way), 6-inch GSD orthogonal frame images, 1-meter GSD ortho mosaic sector tiles and one area-wide 1-meter GSD mosaic (ECW format). Orthogonal GSD: 0.5 feet/pixel; Nominal Oblique GSD (all values +/-10%): Front Line: 0.46 feet/pixel, Middle Line: 0.51 feet/pixel, Back Line: 0.60 feet/pixel. $250.00 $165.00 (34% – Long Term Incentive Discount) $37,620.00 AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 77 of 127 Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use 29 AccuPLUS 6in - PICT DTM - Per Sector - Custom Area Product includes: 6-inch GSD AccuPlus ortho mosaic tiles (GeoTIFF format), 6-inch GSD oblique frame images (4-way), 6-inch GSD orthogonal frame images, 6-inch GSD area-wide ortho mosaic (ECW format), 1-meter GSD ortho mosaic sector tiles and one area-wide 1-meter GSD mosaic (ECW format). Orthogonal GSD: 0.5 feet/pixel; Nominal Oblique GSD (all values +/-10%): Front Line: 0.46 feet/pixel, Middle Line: 0.51 feet/pixel, Back Line: 0.60 feet/pixel. Ortho-mosaic accuracy: 1.30 ft. RMSE (X or Y); 3.20 ft NSSDA 95%; meets or exceeds NMAS & ASPRS Class 2 at 1"=100'. Refer to attached terms and conditions. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use $445.00 $395.00 (11.236% – Long Term Incentive Discount) $11,455.00 1 Survey - Ground Control Points - non-specific Survey of Ground Control Points (GCPs) performed by appropriately licensed surveyor. $8,000.00 $8,000.00 1 Pictometry Connect - CA - 50 Pictometry Connect - CA - 50 (Custom Access) provides up to 50 concurrent authorized users the ability to login and access the Pictometry-hosted custom imagery libraries specified elsewhere in this Agreement via a web- based, server-based or desktop integration. The default deployment is through web-based Pictometry Connect. Term commences on date of activation. The quantity represents the number of years in the Connect term. Applicable Terms and Conditions: Online Services General Terms and Conditions;Software License Agreement $2,200.00 $0.00 (100%) $0.00 1 Media Drive Capacity 931G - Drive Model 1T - EXTPOWER External USB 2.0 / eSATA Externally Powered. Delivery media prices include copying a complete image library onto media. Sub-warehousing sold separately. $199.00 $0.00 (100%) $0.00 1 AccuPLUS Project Fee - PICT DTM AccuPLUS project fee for projects without customer- supplied DTM Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use $7,500.00 $0.00 (100%) $0.00 1 AccuPlus Imagery Bundle w/One(1) Year of EFS Maint & Support Includes digital copy of the Licensed Documentation for the License Software, two (2) End User Training Sessions, one (1) Advanced User Technical Training, one (1) Administration / IT Training Session, five (5) hours of telephone support, one copy of Pictometry Electronic Field Study (EFS) software, latest version, on the storage media specified herein, and access to download updated versions of the EFS Licensed Software for a period of one years from the initial date of shipment of the EFS software, along with a copy of the updated documentation. Applicable Terms and Conditions: Software License Agreement $0.00 $0.00 228 Mosaic - Area Wide (6in GSD; MrSID format; individual) Per Sector Available with purchase of corresponding tile product. New processing or re-processing to MrSID of individual tiles of 6-inch GSD imagery. Tiles are provided "as is." Refer to Product Parameters for additional details. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use $1.00 $0.00 (100%) $0.00 228 Tiles - Standard (6in GSD; JPG format) Per Sector Available with corresponding 3", 4", or 6" GSD imagery purchase. 6-inch GSD Mosaic Tiles in JPG Format. Tiles are provided "as is." Refer to Product Parameters for additional details. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use $20.00 $0.00 (100%) $0.00 1 RapidAccess - Disaster Response Program RapidAccess - Disaster Response Program is an emergency response program offering flights after an emergency or disaster. Refer to the attached detailed description of the Disaster Response Program. Applicable Terms and Conditions: Order Form $0.00 $0.00 SUBTOTAL – SECOND PROJECT $57,075.00 THIRD PROJECT QTY PRODUCT NAME PRODUCT DESCRIPTION LIST PRICE DISCOUNT PRICE (%) AMOUNT 821 IMAGERY - NEIGHBORHOOD - 4-way (N5) (6in) Per Sector Product includes 6-inch GSD oblique frame images (4- way), 6-inch GSD orthogonal frame images, 1-meter GSD ortho mosaic sector tiles and one area-wide 1-meter GSD mosaic (ECW format). Orthogonal GSD: 0.5 feet/pixel; $250.00 $165.00 (34% – Long Term Incentive Discount) $135,465.00 AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 78 of 127 Nominal Oblique GSD (all values +/-10%): Front Line: 0.46 feet/pixel, Middle Line: 0.51 feet/pixel, Back Line: 0.60 feet/pixel. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use 1 RapidAccess - Disaster Response Program RapidAccess - Disaster Response Program is an emergency response program offering flights after an emergency or disaster. Refer to the attached detailed description of the Disaster Response Program. $0.00 $0.00 1 Media Drive Capacity 931G - Drive Model 1T - EXTPOWER External USB 2.0 / eSATA Externally Powered. Delivery media prices include copying a complete image library onto media. Sub-warehousing sold separately. $199.00 $0.00 (100%) $0.00 1 Pictometry Connect - CA - 50 Pictometry Connect - CA - 50 (Custom Access) provides up to 50 concurrent authorized users the ability to login and access the Pictometry-hosted custom imagery libraries specified elsewhere in this Agreement via a web- based, server-based or desktop integration. The default deployment is through web-based Pictometry Connect. Term commences on date of activation. The quantity represents the number of years in the Connect term. Applicable Terms and Conditions: Online Services General Terms and Conditions;Software License Agreement $2,200.00 $0.00 (100%) $0.00 821 Tiles - Standard (6in GSD; JPG format) Per Sector Available with corresponding 3", 4", or 6" GSD imagery purchase. 6-inch GSD Mosaic Tiles in JPG Format. Tiles are provided "as is." Refer to Product Parameters for additional details. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use $20.00 $0.00 (100%) $0.00 1 AccuPlus Imagery Bundle w/One(1) Year of EFS Maint & Support Includes digital copy of the Licensed Documentation for the License Software, two (2) End User Training Sessions, one (1) Advanced User Technical Training, one (1) Administration / IT Training Session, five (5) hours of telephone support, one copy of Pictometry Electronic Field Study (EFS) software, latest version, on the storage media specified herein, and access to download updated versions of the EFS Licensed Software for a period of one years from the initial date of shipment of the EFS software, along with a copy of the updated documentation. Applicable Terms and Conditions: Software License Agreement $0.00 $0.00 821 Mosaic - Area Wide (6in GSD; MrSID format; individual) Per Sector Available with purchase of corresponding tile product. New processing or re-processing to MrSID of individual tiles of 6-inch GSD imagery. Tiles are provided "as is." Refer to Product Parameters for additional details. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use $1.00 $0.00 (100%) $0.00 SUBTOTAL – THIRD PROJECT $135,465.00 FOURTH PROJECT QTY PRODUCT NAME PRODUCT DESCRIPTION LIST PRICE DISCOUNT PRICE (%) AMOUNT 376 IMAGERY - NEIGHBORHOOD - 4-way (N5) (6in) Per Sector Product includes 6-inch GSD oblique frame images (4- way), 6-inch GSD orthogonal frame images, 1-meter GSD ortho mosaic sector tiles and one area-wide 1-meter GSD mosaic (ECW format). Orthogonal GSD: 0.5 feet/pixel; Nominal Oblique GSD (all values +/-10%): Front Line: 0.46 feet/pixel, Middle Line: 0.51 feet/pixel, Back Line: 0.60 feet/pixel. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use $250.00 $165.00 (34% – Long Term Incentive Discount) $62,040.00 1 RapidAccess - Disaster Response Program RapidAccess - Disaster Response Program is an emergency response program offering flights after an emergency or disaster. Refer to the attached detailed description of the Disaster Response Program. $0.00 $0.00 1 Media Drive Capacity 931G - Drive Model 1T - EXTPOWER External USB 2.0 / eSATA Externally Powered. Delivery media prices include copying a complete image library onto media. Sub-warehousing sold separately. $199.00 $0.00 (100%) $0.00 1 Pictometry Connect - CA - 50 Pictometry Connect - CA - 50 (Custom Access) provides up to 50 concurrent authorized users the ability to login and access the Pictometry-hosted custom imagery libraries specified elsewhere in this Agreement via a web- based, server-based or desktop integration. The default deployment is through web-based Pictometry Connect. $2,200.00 $0.00 (100%) $0.00 AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 79 of 127 Term commences on date of activation. The quantity represents the number of years in the Connect term. Applicable Terms and Conditions: Online Services General Terms and Conditions;Software License Agreement 376 Tiles - Standard (6in GSD; JPG format) Per Sector Available with corresponding 3", 4", or 6" GSD imagery purchase. 6-inch GSD Mosaic Tiles in JPG Format. Tiles are provided "as is." Refer to Product Parameters for additional details. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use $20.00 $0.00 (100%) $0.00 1 AccuPlus Imagery Bundle w/One(1) Year of EFS Maint & Support Includes digital copy of the Licensed Documentation for the License Software, two (2) End User Training Sessions, one (1) Advanced User Technical Training, one (1) Administration / IT Training Session, five (5) hours of telephone support, one copy of Pictometry Electronic Field Study (EFS) software, latest version, on the storage media specified herein, and access to download updated versions of the EFS Licensed Software for a period of one years from the initial date of shipment of the EFS software, along with a copy of the updated documentation. Applicable Terms and Conditions: Software License Agreement $0.00 $0.00 376 Mosaic - Area Wide (6in GSD; MrSID format; individual) Per Sector Available with purchase of corresponding tile product. New processing or re-processing to MrSID of individual tiles of 6-inch GSD imagery. Tiles are provided "as is." Refer to Product Parameters for additional details. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use $1.00 $0.00 (100%) $0.00 SUBTOTAL – FOURTH PROJECT $62,040.00 FIFTH PROJECT QTY PRODUCT NAME PRODUCT DESCRIPTION LIST PRICE DISCOUNT PRICE (%) AMOUNT 228 IMAGERY - NEIGHBORHOOD - 4-way (N5) (6in) Per Sector Product includes 6-inch GSD oblique frame images (4- way), 6-inch GSD orthogonal frame images, 1-meter GSD ortho mosaic sector tiles and one area-wide 1-meter GSD mosaic (ECW format). Orthogonal GSD: 0.5 feet/pixel; Nominal Oblique GSD (all values +/-10%): Front Line: 0.46 feet/pixel, Middle Line: 0.51 feet/pixel, Back Line: 0.60 feet/pixel. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use $250.00 $165.00 (34% – Long Term Incentive Discount) $37,620.00 29 AccuPLUS 6in - PICT DTM - Per Sector - Custom Area Product includes: 6-inch GSD AccuPlus ortho mosaic tiles (GeoTIFF format), 6-inch GSD oblique frame images (4-way), 6-inch GSD orthogonal frame images, 6-inch GSD area-wide ortho mosaic (ECW format), 1-meter GSD ortho mosaic sector tiles and one area-wide 1-meter GSD mosaic (ECW format). Orthogonal GSD: 0.5 feet/pixel; Nominal Oblique GSD (all values +/-10%): Front Line: 0.46 feet/pixel, Middle Line: 0.51 feet/pixel, Back Line: 0.60 feet/pixel. Ortho-mosaic accuracy: 1.30 ft. RMSE (X or Y); 3.20 ft NSSDA 95%; meets or exceeds NMAS & ASPRS Class 2 at 1"=100'. Refer to attached terms and conditions. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use $445.00 $395.00 (11.236%) $11,455.00 1 Survey - Ground Control Points - non-specific Survey of Ground Control Points (GCPs) performed by appropriately licensed surveyor. $8,000.00 $8,000.00 1 Pictometry Connect - CA - 50 Pictometry Connect - CA - 50 (Custom Access) provides up to 50 concurrent authorized users the ability to login and access the Pictometry-hosted custom imagery libraries specified elsewhere in this Agreement via a web- based, server-based or desktop integration. The default deployment is through web-based Pictometry Connect. Term commences on date of activation. The quantity represents the number of years in the Connect term. Applicable Terms and Conditions: Online Services General Terms and Conditions;Software License Agreement $2,200.00 $0.00 (100%) $0.00 1 Media Drive Capacity 931G - Drive Model 1T - EXTPOWER External USB 2.0 / eSATA Externally Powered. Delivery media prices include copying a complete image library onto media. Sub-warehousing sold separately. $199.00 $0.00 (100%) $0.00 AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 80 of 127 1 AccuPLUS Project Fee - PICT DTM AccuPLUS project fee for projects without customer- supplied DTM Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use $7,500.00 $0.00 (100%) $0.00 1 AccuPlus Imagery Bundle w/One(1) Year of EFS Maint & Support Includes digital copy of the Licensed Documentation for the License Software, two (2) End User Training Sessions, one (1) Advanced User Technical Training, one (1) Administration / IT Training Session, five (5) hours of telephone support, one copy of Pictometry Electronic Field Study (EFS) software, latest version, on the storage media specified herein, and access to download updated versions of the EFS Licensed Software for a period of one years from the initial date of shipment of the EFS software, along with a copy of the updated documentation. Applicable Terms and Conditions: Software License Agreement $0.00 $0.00 228 Mosaic - Area Wide (6in GSD; MrSID format; individual) Per Sector Available with purchase of corresponding tile product. New processing or re-processing to MrSID of individual tiles of 6-inch GSD imagery. Tiles are provided "as is." Refer to Product Parameters for additional details. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use $1.00 $0.00 (100%) $0.00 228 Tiles - Standard (6in GSD; JPG format) Per Sector Available with corresponding 3", 4", or 6" GSD imagery purchase. 6-inch GSD Mosaic Tiles in JPG Format. Tiles are provided "as is." Refer to Product Parameters for additional details. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use $20.00 $0.00 (100%) $0.00 1 RapidAccess - Disaster Response Program RapidAccess - Disaster Response Program is an emergency response program offering flights after an emergency or disaster. Refer to the attached detailed description of the Disaster Response Program. $0.00 $0.00 SUBTOTAL – FIFTH PROJECT $57,075.00 SIXTH PROJECT QTY PRODUCT NAME PRODUCT DESCRIPTION LIST PRICE DISCOUNT PRICE (%) AMOUNT 539 IMAGERY - NEIGHBORHOOD - 4-way (N5) (6in) Per Sector Product includes 6-inch GSD oblique frame images (4- way), 6-inch GSD orthogonal frame images, 1-meter GSD ortho mosaic sector tiles and one area-wide 1-meter GSD mosaic (ECW format). Orthogonal GSD: 0.5 feet/pixel; Nominal Oblique GSD (all values +/-10%): Front Line: 0.46 feet/pixel, Middle Line: 0.51 feet/pixel, Back Line: 0.60 feet/pixel. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use $250.00 $165.00 (34%) $88,935.00 1 RapidAccess - Disaster Response Program RapidAccess - Disaster Response Program is an emergency response program offering flights after an emergency or disaster. Refer to the attached detailed description of the Disaster Response Program. $0.00 $0.00 1 Media Drive Capacity 931G - Drive Model 1T - EXTPOWER External USB 2.0 / eSATA Externally Powered. Delivery media prices include copying a complete image library onto media. Sub-warehousing sold separately. Applicable Terms and Conditions: Order Form $199.00 $0.00 (100%) $0.00 1 Pictometry Connect - CA - 50 Pictometry Connect - CA - 50 (Custom Access) provides up to 50 concurrent authorized users the ability to login and access the Pictometry-hosted custom imagery libraries specified elsewhere in this Agreement via a web- based, server-based or desktop integration. The default deployment is through web-based Pictometry Connect. Term commences on date of activation. The quantity represents the number of years in the Connect term. Applicable Terms and Conditions: Online Services General Terms and Conditions;Software License Agreement $2,200.00 $0.00 (100%) $0.00 539 Tiles - Standard (6in GSD; JPG format) Per Sector Available with corresponding 3", 4", or 6" GSD imagery purchase. 6-inch GSD Mosaic Tiles in JPG Format. Tiles are provided "as is." Refer to Product Parameters for additional details. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use $20.00 $0.00 (100%) $0.00 1 AccuPlus Imagery Bundle w/One(1) Year of EFS Maint & Support Includes digital copy of the Licensed Documentation for the License Software, two (2) End User Training Sessions, one (1) Advanced User Technical Training, one $0.00 $0.00 AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 81 of 127 (1) Administration / IT Training Session, five (5) hours of telephone support, one copy of Pictometry Electronic Field Study (EFS) software, latest version, on the storage media specified herein, and access to download updated versions of the EFS Licensed Software for a period of one years from the initial date of shipment of the EFS software, along with a copy of the updated documentation. Applicable Terms and Conditions: Software License Agreement 539 Mosaic - Area Wide (6in GSD; MrSID format; individual) Per Sector Available with purchase of corresponding tile product. New processing or re-processing to MrSID of individual tiles of 6-inch GSD imagery. Tiles are provided "as is." Refer to Product Parameters for additional details. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use $1.00 $0.00 (100%) $0.00 SUBTOTAL – SIXTH PROJECT $88,935.00 Thank you for choosing Pictometry as your service provider. TOTAL $523,185.00 1Amount per product = ((1-Discount %) * Qty * List Price) FEES; PAYMENT TERMS All amounts due to Pictometry pursuant to this Agreement (“Fees”) are expressed in United States dollars and do not include any duties, taxes (including, without limitation, any sales, use, ad valorem or withholding, value added or other taxes) or handling fees, all of which are in addition to the amounts shown above and, to the extent applicable to purchases by Customer, shall be paid by Customer to Pictometry without reducing any amount owed to Pictometry unless documents satisfactory to Pictometry evidencing exemption from such taxes is provided to Pictometry prior to billing. To the extent any amounts properly invoiced pursuant to this Agreement are not paid within thirty (30) days following the invoice due date, such unpaid amounts shall accrue. FIRST PROJECT Due at Initial Shipment of Imagery $122,595.00 Total Payments $122,595.00 SECOND PROJECT Due at Initial Shipment of Imagery $57,075.00 Total Payments $57,075.00 THIRD PROJECT Due at Initial Shipment of Imagery $135,465.00 Total Payments $135,465.00 FOURTH PROJECT Due at Initial Shipment of Imagery $62,040.00 Total Payments $62,040.00 FIFTH PROJECT Due at Initial Shipment of Imagery $57,075.00 Total Payments $57,075.00 SIXTH PROJECT Due at Initial Shipment of Imagery $88,935.00 Total Payments $88,935.00 PRODUCT PARAMETERS FIRST PROJECT IMAGERY Product: IMAGERY - NEIGHBORHOOD - 4-way (N5) (6in) Per Sector Leaf: Leaf Off: Less than 30% leaf cover CONNECT Product: Pictometry Connect - CA - 50 AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 82 of 127 Admin User Name: Janel Day Admin User Email: jday@kodiak.us Geofence: AK Kodiak Island SECOND PROJECT ACCUPLUS IMAGERY Product: AccuPLUS 6in - PICT DTM - Per Sector - Custom Area Coverage Area Format: Shapefile Leaf: Leaf Off: Less than 30% leaf cover IMAGERY Product: IMAGERY - NEIGHBORHOOD - 4-way (N5) (6in) Per Sector Leaf: Leaf Off: Less than 30% leaf cover CONNECT Product: Pictometry Connect - CA - 50 Admin User Name: Janel Day Admin User Email: jday@kodiak.us Geofence: AK Kodiak Island THIRD PROJECT IMAGERY Product: IMAGERY - NEIGHBORHOOD - 4-way (N5) (6in) Per Sector Leaf: Leaf Off: Less than 30% leaf cover CONNECT Product: Pictometry Connect - CA - 50 Admin User Name: Janel Day Admin User Email: jday@kodiak.us Geofence: AK Kodiak Island FOURTH PROJECT IMAGERY Product: IMAGERY - NEIGHBORHOOD - 4-way (N5) (6in) Per Sector Leaf: Leaf Off: Less than 30% leaf cover CONNECT Product: Pictometry Connect - CA - 50 Admin User Name: Janel Day Admin User Email: jday@kodiak.us Geofence: AK Kodiak Island FIFTH PROJECT ACCUPLUS IMAGERY Product: AccuPLUS 6in - PICT DTM - Per Sector - Custom Area Coverage Area Format: Shapefile Leaf: Leaf Off: Less than 30% leaf cover IMAGERY Product: IMAGERY - NEIGHBORHOOD - 4-way (N5) (6in) Per Sector Leaf: Leaf Off: Less than 30% leaf cover CONNECT Product: Pictometry Connect - CA - 50 Admin User Name: Janel Day Admin User Email: jday@kodiak.us Geofence: AK Kodiak Island SIXTH PROJECT IMAGERY Product: IMAGERY - NEIGHBORHOOD - 4-way (N5) (6in) Per Sector Leaf: Leaf Off: Less than 30% leaf cover CONNECT Product: Pictometry Connect - CA - 50 Admin User Name: Janel Day Admin User Email: jday@kodiak.us AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 83 of 127 Geofence: AK Kodiak Island STANDARD ORTHO MOSAIC PRODUCTS Pictometry standard ortho mosaic products are produced through automated mosaicking processes that incorporate digital elevation data with individual Pictometry ortho frames to create large-area mosaics on an extremely cost-effective basis. Because these products are produced through automated processes, rather than more expensive manual review and hand-touched corrective processes, there may be inherent artifacts in some of the resulting mosaics. While Pictometry works to minimize such artifacts, the Pictometry standard ortho mosaic products are provided on an 'AS IS' basis with respect to visible cutlines along mosaic seams resulting from the following types of artifacts: i. Disconnects in non-elevated surfaces generally caused by inaccurate elevation data; ii. Disconnects in elevated surfaces (e.g., roadways, bridges, etc.) generally caused by elevated surfaces not being represented in the elevation data; iii. Building intersect and clipping generally caused by buildings not being represented in the elevation data; iv. Seasonal variations caused by images taken at different times during a season, or during different seasons; v. Ground illumination variations caused by images taken under different illumination (e.g., sunny, high overcast, morning light, afternoon light, etc.) within one flight day or during different flight days; vi. Single GSD color variations caused by illumination differences or multiple-aircraft/camera captures; vii. Mixed GSD color variations caused by adjacent areas being flown at different ground sample distances (GSDs); and viii. Water body color variations caused by multiple individual frames being used to create a mosaic across a body of water (e.g., lakes, ponds, rivers, etc.). Other Pictometry products may be available that are less prone to such artifacts than the Pictometry standard ortho mosaic products. AccuPlus® Premium Ortho-Mosaic Product Overview: Seamless ortho-mosaic produced from individual frames and tiled to customer’s preferred tiling scheme. Acquisition: Flight plans will be prepared to capture image frames with nominal 60% forward overlap and nominal 30% sidelap in order to provide sufficient overlap for automatic aerial triangulation and mitigation of building lean in orthophotography produced. Source imagery will be acquired during times of optimal environmental conditions. Imagery will generally be captured when solar altitude is 30 degrees or greater and/or by using the most optimal four-hour window, except where capture season offers significantly longer window. Imagery will be acquired with ground free of snow cover and deciduous vegetation less than 30% of full bloom. Frames with clouds will be rejected and reflown. Any planned deviation from these conditions imposed by capture window constraints will be discussed with client prior to commencement of acquisition. Camera: Pictometry utilizes its USGS certified, custom designed mapping camera incorporating a Kodak sensor and custom designed photogrammetric lenses. The sensor is fully calibrated according to Pictometry’s USGS approved calibration process. Pictometry’s sensor provides a dynamic range of 12 bits per band, RGB (resampled to 8 bits during processing). Ortho-Rectification: Prior to the production of orthophotography, Pictometry will perform automatic aerial triangulation, utilizing the directly observed Exterior Orientations (EOs) and ground control points (GCPs), measured by a licensed surveyor, for the purpose of orienting the individual frames for creation of the final ortho imagery. In addition to the GCPs, sophisticated matching techniques will be employed to automatically create tie points for use in performing a bundle adjustment. Pictometry will utilize best available Digital Terrain Models, combined with the calibrated camera interior orientations, ground control points, and triangulated EOs to rectify the images. When the rectification requires a resampling of the source imagery, a cubic convolution method will be utilized. Mosaic: Global color balancing will be applied to all orthophotos to create homogeneous orthophotos within the project area. Local adjustments of brightness values, color and contrast will be performed if needed. There will be no obvious seam edge between two adjacent orthophotos. Mosaic will be created using automated seamline steering, with manual edits to eliminate feature misalignment caused by seamlines which pass thru features above the elevation surface. Feature alignment across seamlines will be 3 pixels or better. When possible, seamlines will be steered away from elevated features to improve orthophoto quality. Once the mosaic has been produced, the imagery will be tiled and named according to the customer provided (or Pictometry generated) schema for delivery. RapidAccess—Disaster Response Program (“DRP”) Customer is eligible for DRP described below from the Effective Date through the second anniversary of the initial Project delivery. Following payment to Pictometry of amounts due with respect to each subsequent Project, Customer will be eligible for the then-current DRP for a period of two years from delivery of such subsequent Project. Customer must be in good-standing with Pictometry to maintain eligibility for DRP. A. Disaster Coverage Imagery at No Additional Charge – Pictometry will, upon request of Customer and at no additional charge, provide standard quality imagery of up to 200 square miles of affected areas (as determined by Pictometry) upon the occurrence of any of the following events during any period Customer is eligible for DRP:  Hurricane: areas affected by hurricanes of Category 2 and higher.  Tornado: areas affected by tornados rated EF4 and higher.  Terrorist: areas affected by damage from terrorist attack.  Earthquake: areas affected by damage to critical infrastructure resulting from earthquakes measured at 6.0 or higher on the Richter scale.  Tsunami: areas affected by damage to critical infrastructure resulting from tsunamis. B. Discounted Rate – Coverage for areas affected by the events set forth above exceeding 200 square miles will be, subject to Pictometry resource availability, offered to Customer at the then current DRP rates. Also, coverage for areas affected by hurricanes below Category II, tornadoes AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 84 of 127 below EF4 or earthquakes rated below 6.0 on the Richter scale will be, subject to Pictometry resource availability, offered to Customer at the then current DRP rates. C. Online Services – Use of Pictometry Connect Explorer™ – Pictometry’s DRP includes the use of Connect Explorer for a term of ninety days from the date of delivery of the DRP imagery. Customer shall have access to the DRP imagery for as long as they maintain an active Connect account. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 85 of 127 AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 86 of 127 AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 87 of 127 AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 88 of 127 AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 89 of 127 AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 90 of 127 EXHIBIT E CONTRACTOR’S LICENSE TERMS PICTOMETRY DELIVERED CONTENT TERMS AND CONDITIONS OF USE These Pictometry Delivered Content Terms and Conditions of Use (the “Delivered Content Terms and Conditions”), in combination with the corresponding Agreement into which these terms are incorporated, collectively set forth the terms and conditions that govern use of Delivered Content (as hereinafter defined) for use within computing environments operated by parties other than Pictometry. As used in the Delivered Content Terms and Conditions the terms “you” and “your” in uppercase or lowercase shall mean the Customer that entered into the Agreement into which the Delivered Content Terms and Conditions are incorporated. 1. DEFINITIONS 1.1 “Authorized Subdivision” means, if you are a county or a non-state consortium of counties, any political unit or subdivision located totally or substantially within your boundaries that you authorize to have access to Delivered Content pursuant to the Delivered Content Terms and Conditions. 1.2 “Authorized System” means a workstation or server that meets each of the following criteria (i) it is owned or leased by you or an Authorized Subdivision, (ii) it is located within and only accessible from facilities that are owned or leased by you or an Authorized Subdivision, and (iii) it is under the control of and may only be used by you or Authorized Subdivisions. 1.3 “Authorized User” means any employee of you or Authorized Subdivisions that is authorized by you to have access to the Delivered Content through an Authorized System. 1.4 “Delivered Content” means the images, metadata, data layers, models, reports and other geographic or structural visualizations or embodiments included in, provided with, or derived from the information delivered to you by or on behalf of Pictometry pursuant to the Agreement. 1.5 “Project Participant” means any employee or contractor of persons or entities performing services for compensation for you or an Authorized Subdivision that has been identified by written notice to Pictometry prior to being granted access to Delivered Content and, unless Pictometry expressly waives such requirement for any individual, has entered into a written agreement with Pictometry authorizing such access. 2. GRANT OF RIGHTS; RESTRICTIONS ON USE; OWNERSHIP 2.1 Subject to the terms and conditions of the Agreement, you are granted nonexclusive, nontransferable, limited rights to: (a) install the Delivered Content on Authorized Systems; (b) permit access and use of the Delivered Content through Authorized Systems by: (i) Authorized Users for performance of public responsibilities of you or Authorized Subdivisions that are to be performed entirely within facilities of you or Authorized Subdivisions; (ii) Project Participants under the supervision of Authorized Users for performance of tasks or preparation of materials using only hard copies (or jpg copies) of Delivered Content solely for fulfilling public responsibilities of you or Authorized Subdivisions to be performed entirely within facilities of you or Authorized Subdivisions; and (iii) individual members of the public, but only through Authorized Users and solely for the purpose of making hard copies or jpg copies of images of individual properties or structures (but not bulk orders of multiple properties or structures) to the individual members of the public requesting them. 2.2 You may not reproduce, distribute or make derivative works based upon the Delivered Content in any medium, except as expressly permitted in the Delivered Content Terms and Conditions. 2.3 You may not offer any part of the Delivered Content for commercial resale or commercial redistribution in any medium. 2.4 You may not distribute or otherwise make available any Delivered Content to Google or its affiliates, either directly or indirectly. 2.5 You may not exploit the goodwill of Pictometry, including its trademarks, service marks, or logos, without the express written consent of Pictometry. 2.6 You may not remove, alter or obscure copyright notices or other notices contained in the Delivered Content. 2.7 All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in Delivered Content in all media belong to Pictometry or its third party suppliers. Neither you nor any users of the Delivered Content acquire any proprietary interest in the Delivered Content, or any copies thereof, except the limited use rights granted herein. 3. OBLIGATIONS OF CUSTOMER 3.1 Geographic Data. If available, you agree to provide to Pictometry geographic data in industry standard format (e.g., shape, DBF) including, but not limited to, digital elevation models, street centerline maps, tax parcel maps and centroids, which data, to the extent practicable, shall be incorporated into the Delivered Content. You agree that any of this data that is owned by you may be distributed and modified by Pictometry as part of its products and services, provided that at no time shall Pictometry claim ownership of that data. You retain all rights to Your data which is maintained separate from the Delivered Content and to use Your data for other purposes. 3.2 Notification. You shall (a) notify Pictometry in writing of any claims or proceedings involving any of the Delivered Content within ten (10) days after you learn of the claim or proceeding, and (b) report promptly to Pictometry all claimed or suspected defects in Delivered Content. 3.3 Authorized User Compliance. You shall at all times be responsible for compliance by each Authorized User with the Delivered Content Terms and Conditions. 3.4 Authorized Subdivision Compliance. You shall at all times be responsible for compliance by each Authorized Subdivision with the Delivered Content Terms and Conditions. 3.5 Project Participants. Each notice to Pictometry identifying a potential Project Participant shall include a detailed description of the scope and nature of the Project Participants’ planned work and the intended use of the Delivered Content in such work. Pictometry retains the right to restrict or revoke access to Delivered Content by any Project Participant who does not comply with the terms of the Delivered Content Terms and Conditions. 4. LICENSE DURATION; EFFECT OF TERMINATION 4.1 Term. The license granted to you in the Delivered Content Terms and Conditions is perpetual, subject to Pictometry’s right to terminate the license in the event you do not pay in full the Fees specified elsewhere in the Agreement, the Agreement is terminated for any reason other than a breach of the Agreement by Pictometry, or as otherwise provided in the Agreement. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 91 of 127 4.2 Effect of Termination. Upon termination of the license granted to you in the Delivered Content Terms and Conditions, you shall immediately cease all use of the Delivered Content, promptly purge all copies of the Delivered Content from all workstations and servers on which any of it may be stored or available at the time, and return hard drive/media containing Delivered Content to Pictometry. 5. TRADEMARKS; CONFIDENTIALITY 5.1 Use of Pictometry’s Marks. You agree not to attach any additional trademarks, trade names, logos or designations to any Delivered Content or to any copies of any Delivered Content without prior written approval from Pictometry. You may, however, include an appropriate government seal and your contact information so long as the seal and contact information in no way obscure or deface the Pictometry marks. You further agree that you will not use any Pictometry trademark, trade name, logo, or designation in connection with any product or service other than the Delivered Content. Your nonexclusive right to use Pictometry’s trademarks, trade name, logos, and designations are coterminous with the license granted to you in the Delivered Content Terms. 5.2 Confidentiality of Delivered Content. The Delivered Content consists of commercially valuable, proprietary products owned by Pictometry, the design and development of which reflect an investment of considerable time, effort, and money. The Delivered Content is treated by Pictometry as confidential and contains substantial trade secrets of Pictometry. You agree that you will not disclose, provide a copy of, or disseminate the Delivered Content (other than as expressly permitted in the Delivered Content Terms and Conditions) or any part thereof to any person in any manner or for any purpose inconsistent with the license granted to you in the Delivered Content Terms and Conditions. You agree to use your best efforts to assure that your personnel, and any others afforded access to the Delivered Content, protect the Delivered Content against unauthorized use, disclosure, copying, and dissemination, and that access to the Delivered Content and each part thereof will be strictly limited. 6. LIMITED WARRANTY; DISCLAIMER OF WARRANTIES 6.1 Limited Warranties; Exclusive Remedy. Pictometry warrants that the Delivered Content will contain true and usable copies of the designated imagery as of the date of capture. As the sole and exclusive remedy for any breach of the foregoing warranty, Pictometry shall use reasonable efforts to correct any deficiency that precludes use of the Delivered Content in the manner intended. 6.2 Disclaimer of Other Warranties. Except as provided in Section 6.1, above, THE DELIVERED CONTENT IS PROVIDED TO YOU "AS IS" AND “WITH ALL FAULTS.” PICTOMETRY MAKES NO OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY, ARE HEREBY DISCLAIMED AND EXCLUDED BY PICTOMETRY. 6.3 Limitation of Liability. With respect to any other claims that you may have or assert against Pictometry on any matter relating to the Delivered Content, the total liability of Pictometry shall, in the aggregate, be limited to the aggregate amount received by Pictometry in payment for Delivered Content during the immediately preceding twenty-four (24) month period. 7. MISCELLANEOUS PROVISIONS 7.1 Restricted Rights. Delivered Content acquired with United States Government funds or intended for use within or for any United States federal agency is provided with “Restricted Rights” as defined in DFARS 252.227-7013, Rights in Technical Data and Computer Software and FAR 52.227-14, Rights in Data- General, including Alternate III, as applicable. 7.2 Governing Law. This License Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, excluding its conflicts of law principles. ____________________________________________________ [END OF DELIVERED CONTENT TERMS AND CONDITIONS] AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 92 of 127 PICTOMETRY ONLINE SERVICES GENERAL TERMS AND CONDITIONS These Pictometry Online Services General Terms and Conditions (the “General Terms and Conditions”), in combination with the corresponding Pictometry order form, if any, collectively constitute the license agreement (the “License Agreement”) that governs your use of the Pictometry online services (the “Online Services”), the images available in the Online Services, and all associated metadata and data layers included in, provided with, or derived from those images (the “Licensed Content”) provided by Pictometry International Corp. and its affiliated companies (collectively, “Pictometry”). The terms “you” and “your” in uppercase or lowercase shall mean the individual, entity (e.g., corporation, limited liability company, partnership, sole proprietor, etc.) or government agency entering into the License Agreement. 1. GRANT OF RIGHTS; RESTRICTIONS ON USE; OWNERSHIP 1.1 You are granted a nonexclusive, nontransferable, limited right to access and use the Online Services and the Licensed Content obtained or derived from the Online Services solely for your internal business purposes and not for resale or redistribution. The rights granted to you include, subject to the restrictions set forth below and on the Order Form, the right to copy limited portions of the Licensed Content onto your computer to facilitate preparation of hardcopies and work product records, and the right to make hardcopies of the Licensed Content, provided that the Licensed Content and the permitted copies thereof may not be sold, leased, loaned, distributed, or copied for use by anyone other than you. 1.2 You may not make the Online Services available to any other party. 1.3 You may not copy the Licensed Content or portions thereof onto any computer or storage device or media for the purpose of creating or maintaining one or more databases of that content for use in substitution for subsequent access to the content through the Online Services. 1.4 You may not distribute or otherwise make available any Licensed Content to Google or its affiliates, either directly or indirectly. 1.5 You may not exploit the goodwill of Pictometry, including its trademarks, service marks, or logos, without the express written consent of Pictometry. 1.6 You may not remove, alter or obscure copyright notices or other notices contained in the Licensed Content. 1.7 You may not offer any part of the Online Services or the Licensed Content for commercial resale or commercial redistribution in any medium. 1.8 You may not use the Online Services or the Licensed Content to compete with any businesses of Pictometry. 1.9 You may not use information included in the Online Services or the Licensed Content to determine an individual consumer's eligibility for (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit. The term “consumer” is defined in the United States Fair Credit Reporting Act at 15 USC §1681. 1.10 You may not access the Online Services via mechanical, programmatic, robotic, scripted or any other automated means. Unless otherwise agreed by Pictometry in writing, use of the Online Services is permitted only via manually conducted, discrete, human-initiated individual search and retrieval activities. 1.11 All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the Online Services and the Licensed Content in all media belong to Pictometry or its third party suppliers. Neither you nor any users of the Online Services or the Licensed Content acquire any proprietary interest in the Online Services, the Licensed Content, or any copies thereof, except the limited use rights granted herein. 2. ACCESS TO SERVICES 2.1 Only you, your employees, and temporary or contract employees dedicated to performing work exclusively for you (each, an “Eligible User” and collectively, the “Eligible Users”) are eligible to access and use the Online Services and the Licensed Content pursuant to the License Agreement. Each Eligible User to be provided access to the Online Service shall be assigned a unique login/password (“Pictometry Credential”) for purposes of accessing the Online Services. You agree that each Pictometry Credential shall only be used by the Eligible User to whom it was originally assigned and that Pictometry Credentials may not be shared with, or used by, any other person, including other Eligible Users. You will promptly deactivate an Eligible User’s Pictometry Credential in the event the Eligible User no longer meets the eligibility requirements or you otherwise wish to terminate the Eligible User’s access to the Online Services. You are responsible for all use of the Online Services accessed with Pictometry Credentials issued to your Eligible Users, including associated charges, whether by Eligible Users or others. You will use reasonable commercial efforts to prevent unauthorized use of Pictometry Credentials assigned to your Eligible Users and will promptly deactivate any Pictometry Credentials you suspect are lost, stolen, compromised, or misused. 2.2 The Online Services, the Licensed Content, and features and functionality within the Online Services may be enhanced, added to, withdrawn, or otherwise changed by Pictometry without notice. 2.3 You are aware and understand that any user data collected or stored by the Online Services may be accessed by US law enforcement agencies under the US PATRIOT Act. You hereby release, and agree to hold Pictometry harmless from, all claims against Pictometry with respect to such access. 3. DISCLAIMERS 3.1 The Online Services and the Licensed Content are provided for visualization purposes only, are not authoritative or definitive, and do not constitute professional engineering or surveying services. 3.2 The Online Services and the Licensed Content are not to be relied upon to precisely locate or determine property boundaries and should not be used in lieu of a professional survey where the accuracy of measurements, distance, height, angle, area and volume, may have significant consequences. 3.3 All measurements and reports generated by the Online Services or from the Licensed Content are based upon second order visualization and measurement data that do not provide authoritative or definitive measurement results suitable for professional engineering or surveying purposes. 3.4 Contour information obtained from the Online Services or contained in the Licensed Content is generated from undersampled elevation data, is provided for informational purposes only, and is not suitable for use as the basis for hydrographic computations, estimations or analyses. 3.5 While the Online Services and the Licensed Content may be considered useful supplements for life critical applications, they are not designed or maintained to support such applications and Pictometry and its third party suppliers of the Online Services and the Licensed Content hereby disclaim all liability for damages claims and expenses arising from such use. 3.6 Your reliance on the Online Services and the Licensed Content should only be undertaken after an independent review of their accuracy, completeness, efficacy, timeliness and adequacy for your intended purpose. 3.7 Pictometry and each third party supplier of any portion of the Online Services or the Licensed Content assume no responsibility for any consequences resulting from the use of the Online Services or the Licensed Content. 3.8 Pictometry and each third party supplier of any portion of the Online Services or the Licensed Content hereby disclaim all liability for damages, claims and expenses arising from or in any way related to the accuracy or availability of the Online Services and the Licensed Content. 3.9 By accepting these General Terms and Conditions or by using the Online Services or the Licensed Content, you waive any and all rights you may have against Pictometry, each third party supplier of any portion of the Online Services or the Licensed Content, and each of their directors, officers, members and employees, arising out of use of or reliance upon the Online Services or the Licensed Content. 4. LIMITED WARRANTY AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 93 of 127 4.1 Pictometry represents and warrants that it has the right and authority to make the Online Services and the Licensed Content available to you and your Eligible Users as authorized expressly by this License Agreement. 4.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 4.1, THE ONLINE SERVICES AND LICENSED CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND PICTOMETRY AND EACH THIRD PARTY SUPPLIER OF LICENSED CONTENT EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 5. LIMITATION OF LIABILITY 5.1 No Covered Party (as defined below) shall be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Online Services or the Licensed Content, (b) the unavailability or interruption of the Online Services or any features thereof or the Licensed Content, (c) your or an Eligible User’s use of the Online Services or the Licensed Content, (d) the loss or corruption of any data or equipment in connection with the Online Services or the Licensed Content, (e) the content, accuracy, or completeness of the Licensed Content, all regardless of whether you received assistance in the use of the Online Service from a Covered Party, (f) any delay or failure in performance beyond the reasonable control of a Covered Party, or (g) any content retrieved from the Internet even if retrieved or linked to from within the Online Services. 5.2 "Covered Party" means (a) Pictometry and any officer, director, employee, subcontractor, agent, successor, or assign of Pictometry; and (b) each third party supplier of any Licensed Content, third party alliance entity, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of any Licensed Content or third party alliance entity and their affiliates. 5.3 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR THE LICENSED CONTENT OR THIS LICENSE AGREEMENT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT YOU PAID FOR THE ONLINE SERVICES IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY. 5.4 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER YOU NOR THE COVERED PARTIES WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, THE LICENSED CONTENT, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO A PARTY’S INDEMNITY OBLIGATIONS OR YOUR (AND YOUR ELIGIBLE USERS') INFRINGEMENT OF INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF PROPRIETARY DATA BELONGING TO PICTOMETRY OR ITS THIRD PARTY SUPPLIERS. 5.5 Notwithstanding anything to the contrary in this Section 5: (a) If there is a breach of the warranty in Section 4.1 above, then Pictometry, at its option and expense, shall either defend or settle any action and hold you harmless against proceedings or damages of any kind or description based on a third party’s claim of patent, trademark, service mark, copyright or trade secret infringement related to use of the Online Services or the Licensed Content, asserted against you by such third party provided: (i) all use of the Online Services and the Licensed Content was in accordance with this License Agreement; (ii) the claim, cause of action or infringement was not caused by you modifying or combining the Online Services or the Licensed Content with or into other products, applications, images or data not approved by Pictometry; (iii) you give Pictometry prompt notice of such claim; and (iv) you give Pictometry the right to control and direct the investigation, defense and settlement of such claim. You, at Pictometry’s expense, shall reasonably cooperate with Pictometry in connection with the foregoing. (b) In addition to Section 5.5(a), if the Online Services, the operation thereof or the Licensed Content become, or in the opinion of Pictometry are likely to become, the subject of a claim of infringement, Pictometry may, at its option and expense, either: (i) procure for you the right to continue using the Online Services or the Licensed Content, (ii) replace or modify the Online Services or the Licensed Content so that they become non-infringing; or (iii) terminate the License Agreement on notice to you and grant you a pro-rata refund or credit (whichever is applicable) for any pre-paid fees or fixed charges. (c) The provisions of Sections 5.5(a) and (b) shall constitute your sole and exclusive remedy for the respective matters specified therein. 6. MISCELLANEOUS 6.1 The terms and conditions of this License Agreement may be changed from time to time immediately upon notice to you. If any changes are made to this License Agreement, such changes will: (a) only be applied prospectively; and (b) not be specifically directed against you or your Eligible Users but will apply to all similarly situated Pictometry customers using the Online Services. You may terminate this License Agreement upon written notice to Pictometry if any change to the terms and conditions of this License Agreement is unacceptable to you. For termination to be effective under this Section 6.1, written notice of termination must be provided to Pictometry within 90 days of the effective date of the change. Continued use of the Online Services following the effective date of any change constitutes acceptance of the change, but does not affect the foregoing termination right. Except as provided above, this License Agreement may not be supplemented, modified or otherwise revised unless signed by duly authorized representatives of both parties. Furthermore, this License Agreement may not be supplemented, modified or otherwise revised by email exchange, even if the email contains a printed name or signature line bearing signature-like font. The foregoing does not prohibit the execution of electronic contracts bearing electronic signatures of authorized representatives of both parties, provided such signatures include digital certifications or are otherwise authenticated. 6.2 In the event of a breach of this License Agreement by you, any Eligible User or someone using the Pictometry Credential of an Eligible User, Pictometry may temporarily suspend or discontinue providing access to the Online Services to any or all Eligible Users without notice and Pictometry may pursue any other legal remedies available to it. 6.3 All notices and other communications hereunder shall be in writing or displayed electronically in the Online Services by Pictometry. Notices shall be deemed to have been properly given on the date deposited in the mail, if mailed; on the date first made available, if displayed in the Online Services; or on the date received, if delivered in any other manner. Legal notices to Pictometry should be sent to Pictometry, Attn: General Counsel, 25 Methodist Hill Drive, Rochester, New York 14623. 6.4 The failure of you, Pictometry, or any third party supplier of the Online Services or any Licensed Content to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. 6.5 Neither you nor any Eligible User may assign or otherwise transfer your rights or delegate your duties under this License Agreement without the prior written consent of Pictometry. Any attempt by you or any Eligible User to assign, transfer or delegate your rights or obligations under this License Agreement without Pictometry’s consent shall be void, and shall also void the limited license granted to you by this License Agreement. This License Agreement and any amendment thereto shall be binding on, and will inure to the benefit of the parties and their respective successors and permitted assigns. 6.6 This License Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, excluding its conflicts of law principles. Unless you are a government entity, in the event that any legal proceedings are commenced with respect to any matter arising under this License Agreement, the parties specifically consent and agree that the courts of the State of New York or, in the alternative, the Federal Courts located in the State of New York shall have exclusive jurisdiction over each of the parties and over the subject matter of any such proceedings, and that the venue of any such action shall be in Monroe County, New York or the U.S. District Court for the Western District of New York, as applicable. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 94 of 127 6.7 This License Agreement will be enforced to the fullest extent permitted by applicable law. If any provision of this License Agreement is held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent and (b) such invalidity or unenforceability will not affect any other provision of this License Agreement. 6.8 Where applicable, each affiliated company of Pictometry and each third party supplier of the Online Services or any Licensed Content has the right to assert and enforce the provisions of this License Agreement directly on its own behalf as a third party beneficiary. 6.9 In the event of a breach of your obligations under this License Agreement or your payment obligations with respect to access to the Online Services or the Licensed Content, you agree to pay all of Pictometry's costs of enforcement and collection, including court costs and reasonable attorneys' fees. 6.10 This License Agreement constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals or quotations relating to that subject matter. ____________________________________________________ [END OF ONLINE SERVICES GENERAL TERMS AND CONDITIONS] AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 95 of 127 PICTOMETRY SOFTWARE LICENSE AGREEMENT PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE SOFTWARE. BY USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. 1. GENERAL. The software (“Pictometry Software”) and any written materials that accompany the software (“Documentation”) in any media or form are licensed, not sold, to you by Pictometry International Corp. ("Pictometry") for use only under the terms of this License. Pictometry reserves all rights not expressly granted to you in this License. 2. LICENSE. Subject to the terms and conditions of this License, you are granted a limited, non-transferable, terminable, non- sublicenseable, non-exclusive license to install and use the Pictometry Software and the Documentation (collectively, the “Proprietary Materials”) solely for internal use. Use of the functionality provided by the Pictometry Software other than for your internal use is prohibited, except with the prior written approval of Pictometry. You may make one copy of the Pictometry Software in machine- readable form for backup purposes only; provided that the backup copy must include all copyright and other proprietary notices contained in the original. You will not and will not enable others to decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of, or tamper with or disable any security or monitoring features within the Pictometry Software. Any attempt to do so is a violation of the rights of Pictometry and its licensors. 3. TITLE. The Proprietary Materials are confidential information of, trade secrets of, and are proprietary to Pictometry. Title to the Proprietary Materials is and will remain in Pictometry and its licensors. All applicable rights to patents, copyrights, trademarks, trade secrets, and other intellectual property rights in the Proprietary Materials are and will remain in Pictometry and its licensors. You will not assert any right, title or interest in the Proprietary Materials provided to you under this License, except for the express license granted to you hereunder. You will not remove any copyright or other proprietary notice or legend contained on or included in any Proprietary Materials and you will reproduce all such information on all copies made hereunder. You will keep the Proprietary Materials free of all claims, liens and encumbrances. 4. DISCLAIMERS OF WARRANTY. USE OF THE PICTOMETRY SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PICTOMETRY SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PICTOMETRY HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PICTOMETRY SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. PICTOMETRY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR PROVIDED BY THE PICTOMETRY SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PICTOMETRY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PROPRIETARY MATERIALS WILL BE CORRECTED. 5. LIMITATION OF LIABILITY. IN NO EVENT WILL PICTOMETRY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PICTOMETRY SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF PICTOMETRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PICTOMETRY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) CAUSED BY, ARISING OUT OF OR IN ANY WAY RELATED TO THE PICTOMETRY SOFTWARE EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 6. TERMINATION. This License will terminate automatically without notice from Pictometry if you fail to comply with any term of this License. Upon the termination of this License, you will cease all use of the Pictometry Software and destroy all copies, full or partial, of the Proprietary Materials. 7. MISCELLANEOUS PROVISIONS. A. Restricted Rights. Pictometry Software acquired with United States Government funds or intended for use within or for any United States federal agency is provided with “Restricted Rights” as defined in DFARS 252.227-7013, Rights in Technical Data and Computer Software and FAR 52.227-14, Rights in Data-General, including Alternate III, as applicable. Pictometry must be notified in advance of any license grants to United States federal governmental entities. The Pictometry Software is developed for general use in a variety of applications and is not developed or intended for use in any inherently dangerous applications or applications that could lead to property damage, personal injury or death. If you use the Pictometry Software in such applications, then you will be responsible for taking all appropriate fail-safe, backup, redundancy, and other measures to ensure the safe use of the Pictometry Software in such applications, including but not limited to, in any nuclear, aviation, mass transit, public safety or medical applications. B. Foreign Trade Restrictions. The parties acknowledge that certain information, software technology, accompanying documentation and technical information may be subject to United States export control laws. You will not directly or indirectly export or re-export the Pictometry Software in violation of the Export Administration Regulations of the U.S. Department of Commerce. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 96 of 127 KIB Imagery RFP, Page 37 C. Governing Law. This License will be governed by and interpreted in accordance with the laws of the State of Alaska, excluding its conflict of laws principles. D. Assignment. You may not assign this License without Pictometry’s prior written consent. Any assignment in violation of this License will be null, void and of no force and effect. For all purposes under this License, any merger, consolidation, spin-off, acquisition or change-in-control will be deemed an assignment. E. Partial Invalidity; Survival. If any provision of this License is held invalid or unenforceable by competent authority, that provision will be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it will then appear. The total invalidity or unenforceability of any particular provision of this License will not affect its other provisions and this License will be construed in all respects as if the invalid or unenforceable provision were omitted. The provisions of this License that by their nature would survive its termination will survive indefinitely. F. Force Majeure. Neither party will be liable for any costs or damages due to nonperformance under this License arising out of any cause not within the reasonable control of such party and without its fault or negligence. Neither party will be liable for any delay or failure in the performance of its obligations under this License that directly results from any failure of the other party to perform its obligations as set forth in this License. G. Waiver. No waiver of a breach of any term of this License will be effective unless in writing and duly executed by the waiving party. No such waiver will constitute a waiver of any subsequent breach of the same or any other term of this License. No failure on the part of a party to exercise, and no delay in exercising any of its rights hereunder will operate as a waiver thereof, nor will any single or partial exercise by a party of any right preclude any other or future exercise thereof or the exercise of any other right. No course of dealing between the parties will be deemed effective to modify, amend or discharge any part of this License or the rights or obligations of any party hereunder. H. Entire Agreement; Construction. This License contains the entire understanding of the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous understandings regarding that subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Pictometry. There are no representations, warranties, or obligations of any party not expressly contained herein. The headings in this License are for convenience only. They do not constitute a portion of this License and will not be used in any construction of it. ____________________________________________________ [END OF SOFTWARE LICENSE AGREEMENT] AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 97 of 127 Clackamas 6 in 1:1,000 EagleView AGENDA ITEM #2.a.Contract No. FY2020-19 Aerial Imagery Acquisition.Page 98 of 127 Clackamas 6 in 1:100 EagleView AGENDA ITEM #2.a.Contract No. FY2020-19 Aerial Imagery Acquisition.Page 99 of 127 Cantwell 6 in 1:1,000 Kodiak Mapping AGENDA ITEM #2.a.Contract No. FY2020-19 Aerial Imagery Acquisition.Page 100 of 127 Cantwell 6 in 1:100 Kodiak Mapping AGENDA ITEM #2.a.Contract No. FY2020-19 Aerial Imagery Acquisition.Page 101 of 127 Kake 1ft 1:1,000 Quantum Spatial AGENDA ITEM #2.a.Contract No. FY2020-19 Aerial Imagery Acquisition.Page 102 of 127 Kake 1ft 1:100 Quantum Spatial AGENDA ITEM #2.a.Contract No. FY2020-19 Aerial Imagery Acquisition.Page 103 of 127 MSB 6 in 1:1,000 Quantum Spatial AGENDA ITEM #2.a.Contract No. FY2020-19 Aerial Imagery Acquisition.Page 104 of 127 MSB 6 in 1:100 Quantum Spatial AGENDA ITEM #2.a.Contract No. FY2020-19 Aerial Imagery Acquisition.Page 105 of 127 EagleView Alternative: Oblique Imagery + CONNECT Viewer 3-D viewing and measuring Known features: ArcGIS integration AGENDA ITEM #2.a.Contract No. FY2020-19 Aerial Imagery Acquisition.Page 106 of 127 Kodiak Mapping Alternative: Point Cloud Viewer 3-D viewing and measuring AGENDA ITEM #2.a.Contract No. FY2020-19 Aerial Imagery Acquisition.Page 107 of 127 Quantum Spatial Alternative: inSITE 3-D viewing and measuring Known features: ArcGIS integration AGENDA ITEM #2.a.Contract No. FY2020-19 Aerial Imagery Acquisition.Page 108 of 127 Williams Lake 30 cm 1:1,000 Sanborn AGENDA ITEM #2.a.Contract No. FY2020-19 Aerial Imagery Acquisition.Page 109 of 127 Williams Lake 30 cm 1:100 Sanborn AGENDA ITEM #2.a.Contract No. FY2020-19 Aerial Imagery Acquisition.Page 110 of 127 Deline 15 cm 1:1,000 Sanborn AGENDA ITEM #2.a.Contract No. FY2020-19 Aerial Imagery Acquisition.Page 111 of 127 Deline 15 cm 1:100 Sanborn AGENDA ITEM #2.a.Contract No. FY2020-19 Aerial Imagery Acquisition.Page 112 of 127 EagleView 1:1000 EagleView 1:100 AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 113 of 127 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DATE: April 13, 2020 TO: Kodiak Island Borough Assembly FROM: Erin Welty, CDD Director SUBJECT: Contract FY2020-19 – Aerial Imagery Acquisition In light of numerous questions that were posed at the 4/9/20 work session, you have been provided with additional information in your packets and via email. This memo is intended to serve as a summary of that information, as well as to answer questions that were received by email from Assembly member Dvorak and passed on to me. The process to acquire an imagery acquisition contract began over a year ago. In FY19, there was no contract in place, but management had authorized a one-year contract extension with Kodiak Mapping (KMI). I believe this imagery was acquired by the end of calendar year 2018. When I became acting CDD director in May 2019, I was approached by community development and assessing staff with the need for an imagery contract. The manager had informed them it would not be appropriate to issue another one-year extension. So, the process to develop an appropriate RFP began. Janel Day, GIS analyst at the time and now Associate Planner, worked hard through the summer of 2019 to develop an RFP that was thorough, understandable and legally acceptable. Previously there had been no well-defined contract or RFP for aerial imagery. The request for proposal (RFP) for the contract you are reviewing has been included in your packet. This RFP replaced an earlier advertised RFP which was found to be missing information about accepted products, did not address alternative products and did not advertise the scoring process and breakdown or a protest period. Staff had selected a proposal based only on lowest cost, and not quality of product, when these fatal flaws were pointed out by legal counsel. It was then that the tentative award was retracted, and a new RFP created correcting the errors, and re-advertised. You also have been provided, via email from the Clerk’s office, with the proposals from the three non-winning applicants (the winning applicant’s proposal was provided in your meeting packet) as well as the scoring matrix. As noted in the email, these are confidential and should not be released to the public. You were also provided with the imagery samples that were required to be submitted with each proposal. It should be noted that one applicant, Kodiak Mapping, did not initially supply imagery with the AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 114 of 127 appropriate spatial resolutions. Instead of automatic disqualification, staff did reach out to KMI to obtain the correct imagery. The imagery samples carried a significant amount of weight in the scoring process (Evaluation criteria 1.a-e) since, simply put, if the images do not meet our needs, everything else is of little value. Four applicants submitted proposals to the second RFP. On March 9, 2020, utilizing a scoring process reviewed and approved by KIB legal counsel, the scoring team (Seema Garoutte, Janel Day and myself) reviewed and scored the packets. Eagleview was the successful candidate by a very small margin, scoring 95.324 points on their base product proposal and 89.543 points on their alternative product proposal. Where EagleView scored higher than other applicants was in the ability of their product to meet the borough’s needs (all collection imagery was offered at a 6” resolution vs. 18” resolution for medium resolution collection areas) and their image visual quality. Three of the four applicants, EagleView included, have offices in Alaska with staff and planes situated locally. Their alternative product, oblique imagery, offered a product staff considers highly valuable. It would provide staff with the ability to have north, west, south and east views of structures, not just top down, which would aid in assessments as well as community development permitting and investigations. After the scoring process and the decision to pursue the alternative product offering, EagleView was provided with an intent to award. After receipt of the intent to award, staff involved KIB legal counsel to assist with contract negotiations. After minor changes and several reviews by both EagleView and KIB’s attorney, a final contract was agreed upon. It was then brought before the Assembly for review and vote, which is where we are now. All unsuccessful candidates were notified of the intent to award to EagleView on March 12. This started the clock on the two-week protest period. The RFP specifically stated that protests would only be accepted if they were based on an error in the process. On March 23rd, we received a formal letter of protest from Kodiak Mapping, Inc, one of the unsuccessful proposers and a former imagery supplier for the borough. Per the RFP, Manager Powers then had 30 days to provide a final administrative decision, which he did on April 7th. The decision was mailed to KMI via certified, return receipt USPS. KMI made several assumptions and misstatements in their protest, which were addressed by Manager Power’s response. I will highlight the reasons the protest was found to be invalid. 1) KMI asserted that the award point subcategories should have been balanced or weighted in a different manner. a. We were advised by the borough attorney to not provide the breakdown of points in the subcategories to the applicants, as they might then write their proposals toward the heavier weighted categories. KIB staff weighted the areas per the importance of KIB’s AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 115 of 127 use of the imagery, not how others might have chosen to weight them. No error was found. 2) KMI asserted that four-band imagery was the required product requested in the imagery and since EagleView proposed three-band they shouldn’t have been awarded full points. a. Section 2.2.2 of the RFP states “color-corrected, three-band (R,G,B) or four-band (R,G,B,NIR), georeferenced, orthorectified imagery.” EagleView proposed three-band imagery. No error was found. 3) KMI asserted that because they had been KIB’s vendor in the past and they had used us as a reference, that they should have received a higher reference score. They also attempt to highlight the pricing difference, although the numbers they provide don’t accurately reflect base cost comparisons to each other or alternative product comparisons to each other. a. KMI has previously been the vendor for KIB’s aerial imagery. However, multiple complaints regarding imagery quality and past ability to meet delivery deadlines had been expressed by several KIB staff. Therefore, when utilizing KIB as a reference, we were not able to provide a positive reference. The price scoring utilized a method provided by legal counsel. While KMI did score higher on their proposed pricing, it was not enough to offset lower scores elsewhere. No error was found. One of the other items requested during the work session was a 12-year history of imagery expenses. Finance was only able to provide expenses back to 2014. There may not have been imagery acquisition prior to that. The transaction listings are in your packet. Following is a summary of only imagery acquisition expenses. Fiscal Year Expenditures FY2014 $123,764 FY2015 $72,330 FY2016 $66,756 FY2017 $17,668 FY2018 No flights due to weather FY2019 $137,900 Total $418,418 An average of the five years in which imagery acquisition took place shows a yearly average expenditure on imagery of $83,683.00. The yearly average expenditure over a six-year period for the proposed EagleView contract is $87,225.00. However, if you remove the $103,048.00 that has been preserved in a contract over the last two fiscal AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 116 of 127 years in which there was money left over or no imagery contract, the average yearly cost staff is asking the Assembly to consider over the next six years is $70,050.33/year. This is significantly less than what has been expended in the past. Adding to that, this is not a new expense, rather something that has regularly been included in a yearly budget. Staff is presenting this contract to the assembly with respect for the current fiscal situation. We worked diligently to obtain a contract for what we believe will be an excellent product for a fair price. We believe that current, accurate aerial imagery provides a needed resource for both staff and the public and that by approving a six-year, fixed price contract, we are actually saving money in the long run by decreasing the cost of inflation, labor increases, fuel prices increases, etc. I worked hard to save departmental funds over the last fiscal year (i.e. GIS money and working with limited staffing) and made several concessions in my proposed FY21 budget, including agreeing to cut one planner position. The salary and associated costs with that position are significantly higher per year that the average imagery acquisition cost. Therefore, I respectfully request the Assembly to approve this contract. Following are the questions posed by Assembly member Dvorak in an email to the KIB clerk as well as responses drafted between staff and the KIB attorney. 1. Does the proposed contract contain language that would allow for early termination of the contract subject to available funding or other unforeseen circumstances? Yes. In the contract provided to all Assembly members in the April 9 work session packet, on page 2, section 3.c, it states “Availability of Funds. This contract is subject to the availability of funds lawfully appropriated for its performance. 2. The agenda statement indicates that the alternative to approving the contract is not to approve the contract. As the purchasing authority in this case, can the assembly choose to approve a more limited scope of work or duration of contract period? No. The request for proposal (RFP) advertised a very specific set of parameters for both deliverable products as well as designated flight paths and a timeframe of six years. Each proposer made their proposal based upon a multi-year contract with slightly varied scope of work each year. If the duration were reduced to only 1 or 2 years, or the scope materially altered, then the validity of the proposed pricing would be in question. There may have been other potential providers and existing proposers may have submitted quite different proposals if it were a materially different scope or duration. If the Assembly wants a materially reduced scope of work, we will risk a successful challenge if we did not go out for new proposals with the revised scope of work. The RFP, provided to all Assembly members in their packet on 4/10//20, did state “Prior to each season’s acquisition, the collection area will be reviewed and modified as AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 117 of 127 needed. Areas may be larger or smaller than areas presented in Figure 1 of this RFP.” Collection areas will be refined yearly based on staff needs and budget limitations. The collection areas defined in the RFP are based primarily on coastline flight paths and the presence of built structures that fall under appraisal requirements by the State of Alaska. 3. Typically assemblies do not create budgetary obligations that extend beyond a single fiscal period except in certain exceptional circumstances, such as for capital projects. What makes this proposed contract exceptional in that it can span multiple fiscal years? This contract does not create a budgetary obligation extending beyond a single budget year. Each year the funding of the contract is subject to annual appropriations. Capital projects are usually created after acceptance of a multi-year contract by encumbering all funds up front. This is not being treated as a capital project. Considering budgetary issues, staff is bringing this forward as a six-year contract with yearly budget appropriations. With both the “Availability of Funds” clause in the contract and the RFP statement regarding yearly collection area review, staff and legal counsel feel there is enough protection to address any changes needed, whether budgetary or operational. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 118 of 127 G/L Date Journal Journal Type Sub Ledger Description/Project Source Reference Debit Amount Credit Amount Actual Balance G/L Account Number 100-140 450.191 GIS Data Balance To Date:$0.00 04/29/2016 2016-00001985 JE GL FY2016 Mid-Year Budget Amendment 2106-01(A) 93,000.00 93,000.00 Month April 2016 Totals $93,000.00 $0.00 $93,000.00 05/23/2017 2017-00002258 JE AP A/P Invoice Entry Accounts Payable 24.65 93,024.65 Invoice Number Vendor Description Invoice Date Payment Type Payment Number Amount Dist. Amount 5-784-87605 FEDERAL EXPRESS CORPORATION Shipping - Hard drive w/GIS data to DOT 04/28/2017 Check 64975 24.65 24.65 Total $24.65 $24.65 Month May 2017 Totals $24.65 $0.00 $93,024.65 06/30/2017 2017-00002776 JE GL To move GIS Data expenses from Dept 125 to Dept 140 17,668.00 110,692.65 Month June 2017 Totals $17,668.00 $0.00 $110,692.65 08/14/2018 2019-00000232 JE AP A/P Invoice Entry Accounts Payable 64,940.00 175,632.65 Invoice Number Vendor Description Invoice Date Payment Type Payment Number Amount Dist. Amount 904 KODIAK MAPPING, INC.Kodiak Road System Imagery Acquisition 08/03/2018 Check 66274 28,000.00 28,000.00 903 KODIAK MAPPING, INC.West Kodiak Coastline Imagery Acquisition FY19 08/03/2018 Check 66274 36,940.00 36,940.00 Total $64,940.00 $64,940.00 Month August 2018 Totals $64,940.00 $0.00 $175,632.65 10/16/2018 2019-00000647 JE AP A/P Invoice Entry Accounts Payable 41,000.00 216,632.65 Invoice Number Vendor Description Invoice Date Payment Type Payment Number Amount Dist. Amount 916 KODIAK MAPPING, INC.KIB Roads - Orthophotos & LiDAR Data 10/08/2018 Check 66450 41,000.00 41,000.00 Total $41,000.00 $41,000.00 Month October 2018 Totals $41,000.00 $0.00 $216,632.65 12/25/2018 2019-00001072 JE AP A/P Invoice Entry Accounts Payable 31,960.00 248,592.65 Invoice Number Vendor Description Invoice Date Payment Type Payment Number Amount Dist. Amount 927 KODIAK MAPPING, INC.West Kodiak Coastline Imagery Acquisition 12/06/2018 Check 66675 31,960.00 31,960.00 Total $31,960.00 $31,960.00 Month December 2018 Totals $31,960.00 $0.00 $248,592.65 11/12/2019 2020-00000815 JE AP A/P Invoice Entry Accounts Payable 2,192.19 250,784.84 Invoice Number Vendor Description Invoice Date Payment Type Payment Number Amount Dist. Amount 300230485 KODIAK DAILY MIRROR LLC Aerial and/or satellite imagery RFP ads 10/23/19 10/23/2019 Check 67587 313.17 313.17 Run by Brandi Wagner on 4/10/2020 9:31:57 AM Page 1 of 2 Accumulated Transaction Listing G/L Date Range 07/01/07 - 04/30/20 Include Sub Ledger Detail Exclude Accounts with No Activity AGENDA ITEM #2.a.Contract No. FY2020-19 Aerial Imagery Acquisition.Page 119 of 127 G/L Date Journal Journal Type Sub Ledger Description/Project Source Reference Debit Amount Credit Amount Actual Balance G/L Account Number 100-140 450.191 GIS Data Balance To Date:$0.00 11/12/2019 2020-00000815 JE AP A/P Invoice Entry Accounts Payable 2,192.19 250,784.84 Invoice Number Vendor Description Invoice Date Payment Type Payment Number Amount Dist. Amount 300230523 KODIAK DAILY MIRROR LLC Aerial and/or satellite imagery RFP ads 10/25/19 10/25/2019 Check 67587 313.17 313.17 300230580 KODIAK DAILY MIRROR LLC Aerial and/or satellite imagery RFP ads 10/30/19 10/30/2019 Check 67587 313.17 313.17 300230297 KODIAK DAILY MIRROR LLC Aerial and/or satellite imagery RFP ads 10/9/19 10/09/2019 Check 67587 313.17 313.17 300230332 KODIAK DAILY MIRROR LLC Aerial and/or satellite imagery RFP ads 10/11/19 10/11/2019 Check 67587 313.17 313.17 300230387 KODIAK DAILY MIRROR LLC Aerial and/or satellite imagery RFP ads 10/16/19 10/16/2019 Check 67587 313.17 313.17 300230413 KODIAK DAILY MIRROR LLC Aerial and/or satellite imagery RFP ads 10/18/19 10/18/2019 Check 67587 313.17 313.17 Total $2,192.19 $2,192.19 11/19/2019 2020-00000882 JE AP A/P Invoice Entry Accounts Payable 1,603.60 252,388.44 Invoice Number Vendor Description Invoice Date Payment Type Payment Number Amount Dist. Amount I01443525- 100919 ANCHORAGE DAILY NEWS, LLC 10/9/19 - 11/1/19 Aerial and/or satellite imagery RFP ads 11/05/2019 Check 67594 1,603.60 1,603.60 Total $1,603.60 $1,603.60 Month November 2019 Totals $3,795.79 $0.00 $252,388.44 03/17/2020 2020-00001781 JE AP A/P Invoice Entry Accounts Payable 3,156.00 255,544.44 Invoice Number Vendor Description Invoice Date Payment Type Payment Number Amount Dist. Amount 300232071 KODIAK DAILY MIRROR LLC Aerial and/or satellite imagery RFP ads 02/21/2020 Check 67880 1,861.16 1,861.16 031220 ANCHORAGE DAILY NEWS, LLC Aerial and/or satellite imagery RFP ads 03/01/2020 Check 67872 1,294.84 1,294.84 Total $3,156.00 $3,156.00 Month March 2020 Totals $3,156.00 $0.00 $255,544.44 Account GIS Data Totals $255,544.44 $0.00 $255,544.44 Department Community Development Totals $255,544.44 $0.00 Fund General Fund Totals $255,544.44 $0.00 Grand Totals $255,544.44 $0.00 Run by Brandi Wagner on 4/10/2020 9:31:57 AM Page 2 of 2 Accumulated Transaction Listing G/L Date Range 07/01/07 - 04/30/20 Include Sub Ledger Detail Exclude Accounts with No Activity AGENDA ITEM #2.a.Contract No. FY2020-19 Aerial Imagery Acquisition.Page 120 of 127 G/L Date Journal Journal Type Sub Ledger Description/Project Source Reference Debit Amount Credit Amount Actual Balance G/L Account Number 100-125 450.191 GIS Data Balance To Date:$0.00 12/10/2013 2014-00001255 JE AP A/P Invoice Entry Accounts Payable 72,493.00 72,493.00 Invoice Number Vendor Description Invoice Date Payment Type Payment Number Amount Dist. Amount 625 KODIAK MAPPING, INC.Collection of aerial data and LiDAR acquistion 09/18/2013 Check 61574 33,480.00 33,480.00 646 KODIAK MAPPING, INC.Collection of aerial data and LiDAR acquistion 11/26/2013 Check 61574 39,013.00 39,013.00 Total $72,493.00 $72,493.00 Month December 2013 Totals $72,493.00 $0.00 $72,493.00 02/11/2014 2014-00001763 JE AP A/P Invoice Entry Accounts Payable 18,761.00 91,254.00 Invoice Number Vendor Description Invoice Date Payment Type Payment Number Amount Dist. Amount 664 KODIAK MAPPING, INC.Collection of aerial data and LiDAR acquistion 01/29/2014 Check 61721 18,761.00 18,761.00 Total $18,761.00 $18,761.00 02/18/2014 2014-00001803 JE AP A/P Invoice Entry Accounts Payable 32,510.00 123,764.00 Invoice Number Vendor Description Invoice Date Payment Type Payment Number Amount Dist. Amount 669 KODIAK MAPPING, INC.Collection of aerial data and LiDAR acquistion 02/14/2014 Check 61738 32,510.00 32,510.00 Total $32,510.00 $32,510.00 Month February 2014 Totals $51,271.00 $0.00 $123,764.00 12/02/2014 2015-00001365 JE AP A/P Invoice Entry Accounts Payable 13,000.00 136,764.00 Invoice Number Vendor Description Invoice Date Payment Type Payment Number Amount Dist. Amount 710 KODIAK MAPPING, INC.Aerial Imagery and LiDAR data acquistion 10/27/2014 Check 62569 5,800.00 5,800.00 711 KODIAK MAPPING, INC.Aerial Imagery and LiDAR data acquistion 10/27/2014 Check 62569 7,200.00 7,200.00 Total $13,000.00 $13,000.00 Month December 2014 Totals $13,000.00 $0.00 $136,764.00 02/17/2015 2015-00001986 JE AP A/P Invoice Entry Accounts Payable 13,000.00 149,764.00 Invoice Number Vendor Description Invoice Date Payment Type Payment Number Amount Dist. Amount 736 KODIAK MAPPING, INC.Aerial Imagery and LiDAR data acquistion 02/04/2015 Check 62728 5,000.00 5,000.00 737 KODIAK MAPPING, INC.Aerial Imagery and LiDAR data acquistion 02/04/2015 Check 62728 5,000.00 5,000.00 738 KODIAK MAPPING, INC.Aerial Imagery and LiDAR data acquistion 02/04/2015 Check 62728 7,000.00 3,000.00 Total $17,000.00 $13,000.00 Month February 2015 Totals $13,000.00 $0.00 $149,764.00 Run by Brandi Wagner on 4/10/2020 9:32:24 AM Page 1 of 3 Accumulated Transaction Listing G/L Date Range 07/01/07 - 04/30/20 Include Sub Ledger Detail Exclude Accounts with No Activity AGENDA ITEM #2.a.Contract No. FY2020-19 Aerial Imagery Acquisition.Page 121 of 127 G/L Date Journal Journal Type Sub Ledger Description/Project Source Reference Debit Amount Credit Amount Actual Balance G/L Account Number 100-125 450.191 GIS Data Balance To Date:$0.00 06/23/2015 2015-00002905 JE AP A/P Invoice Entry Accounts Payable 46,330.00 196,094.00 Invoice Number Vendor Description Invoice Date Payment Type Payment Number Amount Dist. Amount 750 KODIAK MAPPING, INC.Aerial Imagery and LiDAR data acquistion 06/16/2015 Check 63010 46,330.00 46,330.00 Total $46,330.00 $46,330.00 Month June 2015 Totals $46,330.00 $0.00 $196,094.00 10/13/2015 2016-00000621 JE AP A/P Invoice Entry Accounts Payable 535.60 196,629.60 16000.A - Chiniak Fire, Administration Invoice Number Vendor Description Invoice Date Payment Type Payment Number Amount Dist. Amount 14369 APOLLO MAPPING LLC Chiniak aerial imagery 09/24/2015 535.60 535.60 Total $535.60 $535.60 Month October 2015 Totals $535.60 $0.00 $196,629.60 11/09/2015 2016-00000964 JE GL Apollo Mapping - Chinak aerial imagery 535.60 197,165.20 16000.A - Chiniak Fire, Administration Month November 2015 Totals $535.60 $0.00 $197,165.20 12/23/2015 2016-00000984 JE AP Void Payment Transaction Void Payment 535.60 196,629.60 16000.A - Chiniak Fire, Administration Invoice Number Vendor Description Invoice Date Payment Type Payment Number Amount Dist. Amount 14369 APOLLO MAPPING LLC Chiniak aerial imagery 09/24/2015 535.60 (535.60) Total $535.60 ($535.60) Month December 2015 Totals $0.00 $535.60 $196,629.60 01/26/2016 2016-00001176 JE GL Move Apollo Mapping - Chiniak aerial imagery to Res mgmt 535.60 196,094.00 16000.A - Chiniak Fire, Administration Month January 2016 Totals $0.00 $535.60 $196,094.00 02/02/2016 2016-00001211 JE AP A/P Invoice Entry Accounts Payable 14,400.00 210,494.00 Invoice Number Vendor Description Invoice Date Payment Type Payment Number Amount Dist. Amount 790 KODIAK MAPPING, INC.Aerial Imagery and LiDAR data acquistion 01/25/2016 Check 63640 14,400.00 14,400.00 Total $14,400.00 $14,400.00 Month February 2016 Totals $14,400.00 $0.00 $210,494.00 04/29/2016 2016-00001985 JE GL FY2016 Mid-Year Budget Amendment 2106-01(A) 93,000.00 117,494.00 Month April 2016 Totals $0.00 $93,000.00 $117,494.00 Run by Brandi Wagner on 4/10/2020 9:32:24 AM Page 2 of 3 Accumulated Transaction Listing G/L Date Range 07/01/07 - 04/30/20 Include Sub Ledger Detail Exclude Accounts with No Activity AGENDA ITEM #2.a.Contract No. FY2020-19 Aerial Imagery Acquisition.Page 122 of 127 G/L Date Journal Journal Type Sub Ledger Description/Project Source Reference Debit Amount Credit Amount Actual Balance G/L Account Number 100-125 450.191 GIS Data Balance To Date:$0.00 06/30/2016 2016-00002413 JE AP A/P Invoice Entry Accounts Payable 52,332.00 169,826.00 Invoice Number Vendor Description Invoice Date Payment Type Payment Number Amount Dist. Amount 805 KODIAK MAPPING, INC.C# 2016-13 Aerial Imagery Acquisition South End Kodiak Island 06/30/2016 Check 64060 52,332.00 52,332.00 Total $52,332.00 $52,332.00 Month June 2016 Totals $52,332.00 $0.00 $169,826.00 05/02/2017 2017-00002104 JE AP A/P Invoice Entry Accounts Payable 17,668.00 187,494.00 Invoice Number Vendor Description Invoice Date Payment Type Payment Number Amount Dist. Amount 842 KODIAK MAPPING, INC.Aerial Imagery Acquisition South End Kodiak Island 03/22/2017 Check 64924 17,668.00 17,668.00 Total $17,668.00 $17,668.00 Month May 2017 Totals $17,668.00 $0.00 $187,494.00 06/30/2017 2017-00002776 JE GL To move GIS Data expenses from Dept 125 to Dept 140 17,668.00 169,826.00 Month June 2017 Totals $0.00 $17,668.00 $169,826.00 Account GIS Data Totals $281,565.20 $111,739.20 $169,826.00 Department Information Technology Totals $281,565.20 $111,739.20 Fund General Fund Totals $281,565.20 $111,739.20 Grand Totals $281,565.20 $111,739.20 Run by Brandi Wagner on 4/10/2020 9:32:24 AM Page 3 of 3 Accumulated Transaction Listing G/L Date Range 07/01/07 - 04/30/20 Include Sub Ledger Detail Exclude Accounts with No Activity AGENDA ITEM #2.a.Contract No. FY2020-19 Aerial Imagery Acquisition.Page 123 of 127 MAPPING W34»5.— 536 East Fireweed Avenue Palmer,Alaska 99645 907.746.1405Au":M5‘Erin Weity kodmaps@mtaon|ine.netCommunityDevelopmentDirector Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak,AK 99615 23 March 2020 Re:Notice of Award Kodiak Island Borough Aerial Imagery Procurement [February 4,2020) Ms.Welty Thank you for providing the summary ratings as per the RFP issued on February 4,2020:"The proposal recommended for award,and the summary rating for that proposal,may be made available on written request after the notice of intent to award has been issued.After a notice of intent to award has been made a proposer may receive,on written request,the summary rating for their proposal." While it was made clear in the reissuance of your RFP,after Kodiak Mapping was tentatively selected as a vendor,that "protests will only be accepted based on error in the process“KMI feels that there are several outstanding issues subject to protest in your selection process. 1.In the evaluation criteria KIB has allotted 30 possible points for proposed products.After reviewing the scoresheet provided it is apparent that the distribution of these points in various subcategories was not balanced.The subsections that specifically address the principle products requested were allotted significantly less point weight than the arbitrary “ability to meet the boroughs needs".Confusingly,spatial and spectral resolution (which should be the primary defining factors for your requested product)were only afforded 1 out of a possible 100 points each.If these sub-components would have been weighted evenly as suggested in the RFP,KMIwould have won with a combined point total of89.9 points to 88.0 for eagle point. If KIB was intending to weight one of the sub-categories so heavily it should have been listed as a separate category altogether. 2.After reviewing the EaglePoint proposal it has become apparent that they do not have the equipment or capability to provide 4-band imagery to the Borough.Since the principle product requested in your RFP is 4-band imagery it is assumed that 4—bandimagery is required to "meet the Boroughs needs"However,they were able to score a full 20 points without providing the basic fundamental product requested in the RFP.Furthermore,they received full points for spectral resolution,which by definition should have received a reduced score. 3.We find it ironic that KMI scored lower for our professional references as our principle reference was the KIB itself,and we have been your term vendor for nearly half a decade. Beyond that,our additional reference was a state employee that regularly work with geospatial data,and has recently conducted large scale projects within the archipelago.Whereas,Eagle Point as an out of state vendor used mostly out of state references. KMI has regularly and successfully used KIB as a professional reference over the years, however,we may reevaluate this practice as your own institution does not award the reference full consideration. AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 124 of 127 Kodiak Mapping,Inc.has historically provided our services to the Borough at a significantly discounted rate.This courtesy was extended to the KIB based off of decades long professional relationships and a commitment to the namesake community where we were founded.We have regularly provided additional Engineering grade products at no cost to the borough which can more accurately define and measure structures and have industry level utility.A far higher quality service than the products proposed by your selected out of state vendor. Our proposed deliverable which included free LiDAR data was truly "added value"and not "paid for value that you didn't ask for".We have supported your community for several decades and we are dependable,reliable,and inexpensive.We provided a significantly discounted rate that was $133,350 cheaper than the selected vendor,who is not even able to provide your principle requested product. By paying an excess of 25%higher cost for less accurate,lower quality products,furthermore, highly licensed products that the Borough will need to pay annual fees to fully utilize;your Department has signaled its disinterest in providing the best value for the tax payers in your Borough. It is obvious that members of your department had preselected their vendor of choice and engineered the RFP scoring to reflect that decision.Because of this KMI believes that it is not in anyone’s interest to protest this award.However,after much deliberation we have decided to formally protest in the interest in process transparency. As the project incumbent with a proposed cost $133,350 lower than the selected vendor it has been disheartening to not be selected,and furthermore to lose a valued client for a term of 6 years. /WW iak Mapping,Inc. Kevin Quinn,CP President Kodiak Mapping Inc. 536 E.Fireweed Ave.Palmer,AKR AGENDA ITEM #2.a. Contract No. FY2020-19 Aerial Imagery Acquisition. Page 125 of 127 xm<__._0:52.Qu _u_.mmam:. xoemx_<_mvuEu mummmm._u_.m<<ooa><m _um_3m_..>_A82¢ mm”_u3.mm.o.>53xogmx_m_m_..n_wo_.o:o_..>m_..m__3momJ..u_.oo:_.m:._m:.._um.._.:m.<A.~88 Umm..5:D.._E_.=_ :m<m_.m<_ms.ma<o_.__._m..m_.o.u_.o.mm..mnma_:mEmno:._.mo.msma.o _u_o.o3m.Q_:.m3m._o:m_ 09....Eimmmc_m<_m<<..onEmxmncmm..2.u6_uomm_._»_u_uv.o_.>m:m__3mnmQ5 xoemx_m_m_.a mo_.o:o:?mcma.umu_.:m_.<A.mono. _um«Em23....sEm:mu_.o.mm._mqmomzmn.m:ma3_:_m._.m..<m_.m<_m<<<<.___umm_:manEm ..5m_ ma=.E_m._.m._<mn_mo.m_o:2:.amSmamE..=<mm_..Emxoamx_m_m:awowocnr_<_m:mcm_.._ :m<mEo_.o:u:_<«m<_m<<maEmEoommmS.<38:Em_u_.ouomm_m<.m_.m _.mnm_<mq_mno.mamanEm mm_mo._o_._Bmam.>..m_.nm.m.:_oo:mEm_.m..o:.:.__a _ omzzo.mcuuo:o<m_..c3....oEm mx_m.Em méma._s<ammmoasoHmm.o__o<<m“ <o_.__.u_.o.mm.pcmmnozmaEmm__onm._o:o.uo.:.m..m.<<mm:Em mw:_uom.moo_._mm_.m_m.._:o.o Eouommauaaco?.<o_._macmaEm._.EmuoE.mEmaamm:m__oom.m._.=..m.m:._<.m<m:_5 mn_.ommEm.._<mom.mmo_._mm<0:36:.:m<mmoo_.ma..m..m_..._.:ma_m..=u:._o:o.uo_:.mEmu :0.mumoamaEEm_»_n_ummcm_m:nmn_o_.Sm6:.ma.zou_.o_uomm1:n:__.mq9.oE.mn.ma.o Em_.m.__._oo_._.m_..mo.<<m_m:._:u.._.:m.mn.Em.Emu_.on_.__.m3m:.ma:2 <<m_o_._.Em .mo.o_.m mm.5:<<o_.__q:m<mu_.m.m:.ma_m:o.m:m_.8.EEmEdnmmm.3....EH cmmmm.2 u8.mm.a. so.mzos.mam:o..EEmEoommm. <o:_.u_.o.mm.mmmmnmEm.A33.3mom2EmmEmu_.=._o_um_Edaco.moan...E.Em mo8cm:manEmm:nommm.:_u_.ouomm_.nos....6.u_.o<amEm.2°22.._._..mmun mumo=._om__<m.m.mmEm.E_.mmom.m3u:mm_mm&m3.o:_.cmaanmo_.m.m_.m:omn_. o::o_.mo._.._ma_3mom..<Emmmo_.6....<o:ma3_..ma_<..mmm:3ma._E.o_.3m._o:so.u3<Ema HmoornwHmrsumwonosmr Ommnmom:5 gwammm... <3 2::wnv.W03 W092».>_nm_B Sam Huroao so V#3 82 manso #3 8:. m.BB_n B o?nnm _8n:w_8_n:m AGENDA ITEM #2.a.Contract No. FY2020-19 Aerial Imagery Acquisition.Page 126 of 127 AGENDA ITEM #2.a.Contract No. FY2020-19 Aerial Imagery Acquisition.Page 127 of 127 KODIAK ISLAND BOROUGH STAFF REPORT JUNE 18, 2020 '.. + ASSEMBLY REGULAR MEETING n SUBJECT: Resolution No. FY2020-23 Re-establishing The Fees For The Kodiak Island Borough. ORIGINATOR: Dora Cross RECOMMENDATION: Move to adopt Resolution No. FY2020-23. DISCUSSION: KIBC 3.10.190 ordains that all Kodiak Island Borough fees be reviewed on an annual basis. Staff has compiled a list of all current fees and recommended changes to the current fee schedule for fiscal year 2021. Below is a summary of the recommended changes: Title 8: Health and Safely Solid Waste Collection and Disposal Although a 15% increase to tonnage rates is indicated, staff believes an increase at this time would be imprudent. Staff does wish to reduce the free delivery for residents from 260 lbs per day to 160 lbs per day. An Increase to Fee: Appliances Refrigerators/Freezers Residential - $20.00 each Batteries Lead Acid Batteries Commercial - $10.00 per large, $5.00 per small Mobile Homes/Recreational Vehicles - $50.00 linear foot Use of Scale to Obtain a Certified Weight - $20.00 per ticket Addition of New Fee: Fluorescent Light Bulbs, Residential $1.00/Ib Title 16: Subdivisions Subdivision Fees An Increase to Fee: Abbreviated/Aliquot Part Plats - $350.00 Review of Planning & Zoning Comm. Decision - $200.00 Vacations - $400.00 + plat fee Preliminary Plats Creating - 01 to 12 lots $500.00 13 to 50 lots $500.00 + $50.00 for each additional lot over Over 50 lots $1,500.00 + $100.00 for each additional lot Title 17: Zoning An Increase to Fee: Appeal to Commission - $200.00 Postponement at Petitioner's Request - Public Hearing Item, $150.00 Kodiak Island Borough t� FUND 530- Landfill FY 2020 Projections for FY 2021 Budget Actual Data July 1 -May 31; Projecting June 2020 Other Income (Interest, PERS, etc) $ 3,730,584 $ 339,144 $ 339,144 $ 4,069,728 2021 Level 6 (to find needed rate increase amount Bugeted expenses $ 5,597,858 Ifram Net information- landfill & treatment plant) Less: 10% $ 402 si 6/2/20 FY 2020 revenues (consolidated from Materiot Total$ into buff 1t categories) 4,069,728 (prior year revenue from above) Budgeted other revenue $ 157,000 (estimated interest, PRS, penaties, etc) 40% $ Revenues 41% $ 515 45% $ 529 $ 5,530,016 $ 1,619,505 projected 5,569,516 projected $ 5,727,517 Jul -May AWMo June FY20 YE total Customer (TN +item rates) $ 520,244 $ 47,294.88 $ 47,294.88 $ 567,539 AK Waste (TN rate) $ 2,693,149 $ 244,831.71 $ 244,831.71 $ 2,937,981 USCG (TN rate) $ 334,862 $ 30,442.00 $ 30,442.00 $ 365,304 Waste Screen (TN rate) $ 20,181 $ 1,834.62 $ 1,834.62 $ 22,015 Metals (TN rate) $ 60,349 $ 5,486.28 $ 5,486.28 $ 65,835 Asbestos (item rate) $ 101,800 $ 9,254.55 $ 9,254.55 $ 111,055 Other Income (Interest, PERS, etc) $ 3,730,584 $ 339,144 $ 339,144 $ 4,069,728 2021 Level 6 (to find needed rate increase amount Bugeted expenses $ 5,597,858 Ifram Net information- landfill & treatment plant) Less: 10% $ 402 Planned Use of Fund Balance $ 771,000 (planned capital purchases, etc) Budgeted disposal revenue $ 4,069,728 (prior year revenue from above) Budgeted other revenue $ 157,000 (estimated interest, PRS, penaties, etc) deficit {exp > rev) $ 600,130 - (need to find in proposed rate r crease schedule below) • use of fund balance Rate Increase Proposals current rate: 365 projected tons: 10,822 Increase New Ton Rate 5% $ 383 10% $ 402 15% $ 420 20% $ 438 30% $ 475 35% $ 493 40% $ 511 41% $ 515 45% $ 529 (from fee schedule {from conversion calculation) $$ Increase Income at new over $365 rate proposed rate $ 197,501 $ 4,147,512 $ 395,001 $ 4,345,013 $ 592,502 $ 4,542,513 $ 790,002 $ 4,740,014 $ 1,185,003 $ 5,135,015 $ 1,382,504 $ 5,332,515 $ 1,580,005 $ 5,530,016 $ 1,619,505 $ 5,569,516 $ 1,777,505 $ 5,727,517 KODIAK ISLAND BOROUGH Meeting Type: ke+r►m& 1 o,/IG ! e6S f n ,n Date: 6 I 2,v Please PRINT your name legibly Please PRINT your name legibly 1 O kl W N Alise Rice From: Nia Maile <wildflowerlokelani@gmail.com> Sent: Thursday, June 11, 2020 1:33 PM To: Clerks; duane.dvorak@kibassembly.org; julie.kavanaugh@kibassembiy.org; andy.schroeder@kibassembly.org; rebecca.skinner@kibassembly.org; james.turner@kibassembly.org; dennis.symmons@kibassembly.org Subject: Cannabis Edibles Hi, My name is Sinia Maile! I have lived in Kodiak for 16 years. I understand that at the meeting tonight you will be talking about the possibility of allowing the sale of cannabis edibles outside of city limits? I am for this as I know that we have one cannabis business out there that is operating. I believe that we should allow the same rights in both the Borough and the city especially for young businesses. We are living in very difficult times and I feel that every business owner should be allowed the same advantages. I am also a mom of two very young girls. It is extremely convenient to be able to buy and bring my edibles in discreetly without my girls knowing about it. I am responsible and contributing to our community in many ways. I feel that this will in no way be a bad influence with our community. I feel we need to be realistic about the drug addiction our young kids are facing. Education is key and the sooner the better. Cannabis is a healing plant and that is why I am and always will be a supporter. Thank you for your time. Nia Maile Wildflower Manager (907)654-7489 Notice: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510- 2521, is confidential and may be legally privileged. Information contained in this email message is intended only for the individual to whom it is addressed and is private and confidential. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, any dissemination, distribution or copying of this communication is strictly prohibited. if you are not the intended recipient of this email, please kindly destroy it and notify the sender immediately by reply email. Please take standard precautions to mitigate virus issues. Thank you for your cooperation. A regulated communication can either be in the form of a written opinion or some other communication that is not an opinion. The preceding communication is a written communication that is not an opinion. Accordingly, it cannot, by itself, be relied upon to avoid, and assure protection from, tax penalties associated with it in any way. Such assurances, if possible, can only be obtained by securing an opinion letter. Should you wish to explore the option of receiving an opinion letter relating to the matter described above, or any other matter, please contact us so that we may discuss it with you. Alise Rice From: Joe Griskonis <joe.griskonis@gmail.com> Sent: Thursday, June 11, 2020 12:51 PM To: Clerks Subject: 06/11/20 Work Session Hi Alise, Nice talking to you earlier, thanks again for the information. Can you please submit the following comments on Cannabis Edibles/ Oral Administration? Good Afternoon, My name is Joe Griskonis, a returning resident of Kodiak Island Borough. As a former healthcare professional, I support the the sale and production of Cannabis Edibles, Oils and Tinctures for Oral Route Delivery of THC and CBD chemical compounds. These products provide a route to safe, accurate dosing of THC and THCa in a low dose, extended release action. Safe access, especially for Veteran populations is key. Veterans need an alternative to smoking and vaping. There are huge efforts to get veterans into smoking cessation classes, but if their only access to cannabis is by smoking or vaping, this often leads to Tobacco relapse through the muscle memory mechanism. Cannabis "Edibles", Oils and Tinctures will be subject to the Food Safety Modernization Act Recommendations and Good Manufacturing Process practices that will ensure an additional layer of safety that protects public health. With Federal Legislation pending, Kodiak Island borough could stay ahead of the curve by adding an additional revenue stream by embracing the sale and production of Cannabis THC for Oral Administration. Sincerely, Joseph D Griskonis US Coast Guard Veteran Bear Paw Essentials Founder (907) 942-3234 Sent from my iPad