HomeMy WebLinkAboutCAG2023-172 - Original - Pictometry International Corporation - 2023 Aerial Imagery Flight Capture (LC-10001616) - 03/21/2023 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst:
• For Approvals,Signatures and Records Management Dir/Dep:
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional)
WASHINGTON Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Eric W. Knowles Police
Date Sent: Date Required:
c 03/16/2023 03/24/23
QAuthorized to Sign: Date of Council Approval:
Q �✓ Mayor or Designee N/A
Budclet Account Number: Grant? Yes No�✓
T00039
Budget?❑✓ Yes Type: N/A
Vendor Name: Category:
Pictometry International Corporation Contract
Vendor Number: Sub-Category:
1932874 Original
000000001P.—
Project Name: 2023 Aerial Imagery Flight Capture (LC-10001616)
3- Project Details:
0 Consultant will provide Aerial Imagery Data within City Boundaries
for use in Engineering and PW GIS Impervious layer analysis.
c
Basis for Selection of Contractor:
� Agreement $41 040.00 *Sole Source
GJ
r *Memo to Mayor must be attached
Start Date: 3 2 1/2023 Termination Date: 12/29/2023
a Local Business? Yes F]No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace.
Business License Verification: �✓ Yes In-Process F1 Exempt(KCC 5.01.045) FlAuthorized Signer Verified
Notice required prior to disclosure? Contract Number:
Yes ✓❑No CAG2023-172
Comments:
1A 3/17/23 - returned to E. Knowles for final signature. *return fully executed copy to
City Clerk's Office.* M.M.
3/23/23 - Rcvd fully executed and uploaded to laserfiche.
� c
3 0
a,
a
Date Received:City Attorney: 3/16/23 Date Routed:Mayor's Office 3/16/23 -ty Clerk's Office 3/17/23
adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
AGREEMENT BETWEEN
PICTOMETRY INTERNATIONAL CORP.
AND CITY OF KENT,WA
This order form("Order Form")is by and between Pictometry International Corp.and its affiliates,also dba EagleView,
(`EagleView")and City of Kent,WA("Customer")for the purchase of the Content and Services set forth in Section A:Product
Description,Prices and Payment Terms below. The provision of all such Content and Services is subject to this Order Form and the
contract components listed below:
Section A:Product Descriptions,Prices and Payment Terms
Section B:License Terms:
• General Terms
• Product Specific Terms
o Delivered Content
o Online Services
o Web Visualization
o Software License
Section C: Non-Standard Terms and Conditions
Appendix 1:Photogrammetric Product Specifications
Map(s)
(all of which,collectively,constitute this"Agreement").In consideration of,and subject to,payment by Customer of the Fees
specified in Section A of the Agreement,and subject to the terms and conditions set forth in the Agreement,EagleView agrees to
provide Customer with access to and use of the Content and Services specified in Section A of the Agreement in accordance with
the terms and conditions of the Agreement. Any purchase order or similar document issued by Customer in connection with this
Agreement is issued solely for Customer's internal administrative purposes and the terms and conditions set forth on any such
purchase order shall be of no force or effect as between the parties.
In the event of any conflict among any contract components comprising the Agreement,the order of precedence for resolving
such conflict shall be,from highest(i.e.,supersedes all others)to lowest(i.e.,subordinate to all others): Section C: Non-
Standard Terms and Conditions;Appendix 1:Photogrammetric Product Specifications; Section A:Product Descriptions,Prices
and Payment Terms; Section B.II:License Terms(Product Specific Terms);and Section B.I:License Terms(General Terms).
The Agreement is hereby accepted and agreed to by the undersigned parties and shall become effective upon the last date of
execution by each Customer and EagleView(the"Effective Date").
PARTIES:
CUSTOMER EAGLEVIEW
CITY OF KENT,WA PICTOMETRY INTERNATIONAL CORP.
a Delaware corporation
c NATURE: SIGNATURE:
k T Raw Ja"
NAME: NAME:
Dana Ralph Robert Locke
TITLE: TITLE:
Mayor President
EXECUTION DATE: 03/16/2023 EXECUTION DATE:
3/21/2023
Page 1 of 18 WA City of Kent—LC-10001616 2023-03-15 9.5LD
SECTION A PRODUCT DESCRIPTIONS, PRICES AND PAYMENT TERMS
Pictometry International Corp.dba Eagleview ORDER#
25 Methodist Hill Drive LC-10001616
Rochester,NY 14623
ILL TO SHIP TO MdbmL
City of Kent,WA City of Kent,WA
Eric Knowles Heath Brackett
220 Fourth Ave.S. 400 W.Gowe St.
Kent,Washington 98032 Kent,Washin ton98032
253 856-5575 253 856-5517
eknowles@kentwa.gov hbrackett@kentwa.gov
CUSTOMER ID SALES REP FREQUENCY OF PROJECT
A1260323 Dustin Walters Biennial
PROJECT 1
QTY PRODUCT NAME PRODUCT DESCRIPTION LIST PRICE DISCOUNT AMOUNT'
PRICE%
72 Reveal Advanced Property Provides measurable high resolution ortho and $500.00 $36,000.00
oblique imagery at the Property resolution as well as
Reveal Four Band Color Infrared,Reveal Certified
Ortho and Reveal TrueTouch add-on features.Color
balanced orthomosaic imagery is generated by a
fully automated photogrammetric process and
delivered digitally in various formats with the
associated metadata.
Product Parameters:
Elevation Data Source:Public Avail-
NED/USGS/GeoBase
Leaf:Off or less than 30%
72 Reveal Essentials+ Provides ortho and oblique imagery at a Community $70.00 $5,040.00
Community level.Deliverables include measurable oblique and
ortho imagery at a community resolutions.Color
balanced orthomosaic imagery is generated by a
fully automated photogrammetric process and
delivered digitally in various formats with the
associated metadata.
Product Parameters:
Elevation Data Source:Public Avail-
NED/USGS/GeoBase
Leaf:Off or less than 30%
1 RapidAccess-Disaster RapidAccess-Disaster Response Program is an $0.00 $0.00
Response Program emergency response program offering flights after
an emergency or disaster.Refer to the attached
detailed description of the Disaster Response
Program.Term commences on date of initial
shipment of imagery for a project.The quantity
represents the number of years in the DRP term.
Page 2 of 18 WA City of Kent—LC-10001616 2023-03-15 9.5LD
I Pictometry Connect- Pictometry Connect-EarlyAccess provides $ 10,000.00 100% $0.00
EarlyAccess authorized users the ability to login and access the
imagery,as specified elsewhere in this agreement,
immediately following its preliminary processing
and quality control checks and prior to its final
processing.Early Access imagery will become
available in CONNECT Explorer incrementally as it
is processed and it will remain available until final,
fully processed imagery is made available through
other means.This offering requires an active
Pictometry CONNECT account and the current
purchase of access to an imagery product.
Product Parameters:
Server Integration:
Third-Party Integrator:
Domain URL:
72 Reveal Certified Ortho Certified Ortho upgrades an Essentials orthomosaic $50.00 100% $0.00
Property to an authoritative orthomosaic produced in
accordance with state and local requirements
Product Parameters:
Elevation Data Source:Public Avail-
NED/USGS/GeoBase
Leaf:Off or less than 30%
72 Reveal TrueTouch Property TrueTouch is the application of visual improvements $50.00 100% $0.00
to customers'orthomosaic imagery
Product Parameters:
Elevation Data Source:Public Avail-
NED/USGS/GeoBase
Leaf:Off or less than 30%
72 Reveal Four Band Color Four Band Color Infrared provides an automatically $50.00 100% $0.00
Infrared Property generated 3-Band color infrared orthomosaic with
respective tiles.Imagery may contain seamlines.
Product Parameters:
Elevation Data Source:Public Avail-
NED/USGS/GeoBase
Leaf:Off or less than 30%
72 Reveal Orthomosaic- This product represents a single orthomosaic, $0.00 $0.00
Combined combining tiles of multiple resolutions with the best-
available resolution preferred
Product Parameters:
Elevation Data Source:Public Avail-
NED/USGS/GeoBase
Leaf:Off or less than 30%
Page 3 of 18 WA City of Kent—LC-10001616 2023-03-15 9.5LD
I Oblique Support Bundle Includes digital copy of the Licensed Documentation $0.00 $0.00
for the License Software,one,two,or three hour
End User Training Sessions,one(1)Advanced User
Technical Training,one(1)Administration/IT
Training Session,five,ten,or fifteen 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,two,or three
years from the initial date of shipment of the EFS
software,along with a copy of the updated
documentation.
1 Oblique Imagery Bundle Includes digital copy of the Licensed Documentation $0.00 $0.00
w/Two(2)Yrs of EFS Maint for the License Software,two(2)End User Training
&Support Sessions,one(1)Advanced User Technical
Training,one(1)Administration/IT Training
Session,ten(10)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 two years from the initial date of shipment of the
EFS software,along with a copy of the updated
documentation.
SUBTOTAL $41,040.00
Thank you for choosing EagleView as your service provider. TOTAL $41,040.00
'Amount per product=((1-Discount%)*Qty*List Price)
Geofences:
WA King(Primary)
Geofences Products Affected:
Pictometry Connect-EarlyAccess
FEES;PAYMENT TERMS
Customer hereby agrees to pay the Fees specified in this Section A of the Agreement in accordance with the following payment terms.
All amounts due to EagleView pursuant to the Agreement(the "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 EagleView without reducing any amount owed to EagleView unless documents satisfactory to EagleView evidencing exemption
from such taxes is provided to EagleView 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, and Customer shall pay, interest at
the rate of 1.5% per month (or at the maximum rate allowed by law, if less). In addition, Customer shall pay EagleView all costs
EagleView incurs in collecting past due amounts due under this Agreement including,but not limited to,attorneys'fees and court costs.
First Project
Year 1
Due at Delivery/Activation$20,520.00
Year2
Due at Anniversary of Delivery/Activation$20,520.00
Page 4 of 18 WA City of Kent—LC-10001616 2023-03-15 9.5LD
SECTION B LICENSE TERMS
I. GENERAL TERMS
These General Terms(the"General Terms")set forth the terms and conditions that govern Customer's access to and use of all Content
and Services (each as hereinafter defined)provided by EagleView(unless otherwise expressly provided to the contrary herein). As
used in these General Terms, the terms "you" and "your" in uppercase or lowercase shall mean the Customer that entered into the
Agreement into which these General Terms are incorporated.
1. DEFINITIONS
a. "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 any Content pursuant to the
Agreement.
b. "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.
c. "Authorized Users"means Delivered Content Authorized Users and Eligible Users.
d. "Content"means,collectively,the Delivered Content,the Licensed Content and the WVO Licensed Content.
e. "Covered Party"means(a)EagleView,and its affiliates,and any officer,director,employee,subcontractor,agent,successor,
or assign of EagleView or any of its affiliates;and(b)each third party supplier of any Content or Services,third party alliance
entity,their affiliates,and any officer,director,employee,subcontractor,agent,successor,or assign of any third party supplier
of any Content or Services,or of any third party alliance entity and their affiliates.
f. "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 EagleView
pursuant to the Agreement(whether via hardware or online(but excluding via the Online Services)), in connection with the
EagleView products specified in Section A:Product Description,Prices and Payment Terms.
g. "Delivered Content 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.
h. "Documentation"means any written materials that accompany the EagleView Software.
i. `Eligible Users"means you,your employees,and temporary or contract employees dedicated to performing work exclusively
for you.
j. "Licensed Content"means images available via the Online Services,and all associated metadata and data layers included in,
provided with,or derived from those images.
k. "Online Services"means the Pictometry Connect online services made available to you by or on behalf of EagleView pursuant
to the Agreement,as specified in Section A: Product Description,Prices and Payment Terms.
1. `EagleView Credential"means the unique login/password assigned to each Eligible User for purposes of accessing any of the
Services.
in. `EagleView Software" means the software that EagleView makes available to you to install (whether via download or
otherwise)and view the Delivered Content.
n. "Project"means a project as specified in Section A:Product Description,Prices and Payment Terms.
o. "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 EagleView prior to being granted access to Delivered
Content and,unless EagleView expressly waives such requirement for any individual,has entered into a written agreement
with EagleView authorizing such access.
p. "Services"means,collectively,any services set forth in Section A:Product Description,Prices and Payment Terms,the Online
Services, the WVO Services and the EagleView Software (and accompanying Documentation) and any other services
provided by EagleView and agreed upon between the parties from time to time.
q. "WVO Licensed Content" means the images available in the WVO Services, and all associated metadata and data layers
included in,provided with,or derived from those images.
r. "WVO Services" means the EagleView web visualization offerings made available to you by or on behalf of EagleView
pursuant to the Agreement,as specified in Section A: Product Description,Prices and Payment Terms.
Page 5 of 18 WA City of Kent—LC-10001616 2023-03-15 9.5LD
2. RIGHTS;RESTRICTIONS ON USE;OWNERSHIP
a. Usage Rights. Your rights with respect to your(and to the extent applicable your Authorized Users')access to and use of the
applicable Content and Services is set forth in Section B.II:License Terms(Product Specific Terms).
b. Restrictions. You agree to the following restrictions in connection with your access to and use of the Content and Services:
i. You may not copy,distribute or make derivative works based upon the Content or Services in any medium,except to the
extent expressly permitted in the Agreement. Without limiting the foregoing,except to the extent expressly permitted in
the Agreement, you may not copy or retain copies of the Content, or any portions thereof, on any computer or storage
device or media including for the purpose of creating or maintaining one or more databases of that Content for use in
substitution for subsequent access to the Content,nor will you authorize or permit any user of the Services to do so.
ii. You may not distribute or otherwise make available any Content to Google or its affiliates,either directly or indirectly.
iii. Except to the extent expressly permitted in the Agreement,you may not exploit the goodwill of EagleView,including its
trademarks,service marks,or logos,without the express written consent of EagleView.
iv. You may not remove, omit, alter or obscure copyright or other notices or legends (including confidentiality markings)
contained on or included in the Content or Services and you will reproduce all such information on all copies made
hereunder.You will keep the Content and EagleView Software free of all claims,liens and encumbrances.
v. You may not offer any part of the Content or Services for commercial resale or commercial redistribution in any medium.
vi. You may 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
Services. Any attempt to do so is a violation of the rights of EagleView and its licensors.
vii. To the extent any of the Content or Services are provided to you online,you may not access such Content or Services(or
both) via mechanical, programmatic, robotic, scripted or any other automated means. Unless otherwise agreed by
EagleView in writing, use of such Content and Services is permitted only via manually conducted, discrete, human-
initiated individual search and retrieval activities.
viii. Except to the extent expressly permitted in the Agreement,you may not make the Content or Services available to any
other party.
ix. To the extent EagleView Credentials are assigned to you or any of your Eligible Users in connection with the Agreement,
such EagleView Credentials shall only be used by the person or entity to whom they were originally assigned and may
not be shared with, or used by, any other person, including other Eligible Users. You will use reasonable commercial
efforts to prevent unauthorized use of the EagleView Credentials assigned to you or any of your Eligible Users and will
promptly deactivate any EagleView Credentials you suspect are lost,stolen,compromised,or misused.
c. Reservation. All right, title, and interest(including all patents, copyrights, trademarks, trade secrets, and other intellectual
property rights)in the Content and the Services,and any written materials that accompany the Services,in any media or form,
are and will remain in EagleView or its third party suppliers(as applicable).Neither you nor any users of the Content or the
Services acquire any proprietary interest in the Content, the Services, or any copies thereof, except the limited use rights
expressly granted under the Agreement. EagleView reserves all rights not expressly granted to you in the Agreement. You
will not assert any right, title or interest in any of the Content or Services provided to you under the Agreement, except for
the express license granted to you under the Agreement.
d. Updates. Except to the extent expressly provided to the contrary in the Agreement,the Content,the Services,and the features
and functionality within the Services may be enhanced, added to, withdrawn, or otherwise changed by EagleView without
notice.
3. CONFIDENTIALITY. The Content, EagleView Software and Documentation consist of commercially valuable, proprietary
products owned by EagleView,the design and development of which reflect an investment of considerable time,effort,and money.
The parties agree that the Content, EagleView Software, Documentation, and the terms and conditions of the Agreement
("Confidential Information")are(and are treated by EagleView as)confidential and contain valuable trade secrets and confidential
commercial information(including financial information)of EagleView. You agree that you will not disclose,provide a copy of,
or disseminate the Confidential Information(other than as expressly permitted in Section B.II: License Terms(Product Specific
Terms)of the Agreement)or any part thereof to any person in any manner or for any purpose inconsistent with the licenses granted
to you pursuant to the Agreement.You agree to use your best efforts to assure that your personnel,and any others afforded access
to the Confidential Information, protect the Confidential Information against unauthorized use, disclosure, copying, and
dissemination, and that access to the Confidential Information and each part thereof will be strictly limited. You agree that you
will use the Confidential Information solely as expressly permitted in Section B.II:License Terms(Product Specific Terms)of the
Agreement and for no other purpose.To the extent you are required to disclose the Confidential Information(or any part thereof)
Page 6 of 18 WA City of Kent—LC-10001616 2023-03-15 9.5LD
pursuant to applicable law,you will(i)notify EagleView reasonably in advance of such requirement prior to disclosure, (ii)use
all reasonable efforts to limit such disclosure,including asserting and applying,as appropriate,the exemption in 5 USC 552(b)(4)
(or any analogous state or local laws or regulations)with respect to such information, (iii) only disclose such information to the
extent required to comply with applicable law, and(iv) subject to applicable law, permit EagleView to challenge or limit such
disclosure prior to the disclosure thereof.
4. TERM; SUSPENSION;TERMINATION;EFFECT OF TERMINATION
a. Term. The term of the Agreement will commence on the Effective Date and will terminate following delivery of the various
Projects(including any Services)set forth in Section A(Product Description,Prices and Payment Terms).
b. Suspension. In the event of a breach of the Agreement by you, any Authorized User or someone using your EagleView
Credential,or end-users who are permitted to use the WVO Services and WVO Licensed Content pursuant to the Agreement,
EagleView may temporarily suspend or discontinue providing access to the applicable Services or Content(or both)to you
and/or any or all Authorized Users or end-users(or both)without notice and EagleView may pursue any other legal remedies
available to it.
c. Termination.EagleView may terminate the Agreement immediately in the event you: (a)do not pay in full the Fees or do not
pay the Fees in accordance with the terms of the Agreement,or(b)fail to comply with any other term of the Agreement.
d. Effect of Termination. Upon termination of the Agreement, except to the extent expressly set forth in the Agreement,you
shall immediately cease all use of the applicable Content and Services,promptly purge all copies of the applicable Content,
EagleView Software and Documentation from all workstations and servers on which any of it may be stored or available at
the time,and return any hard drive/media containing the applicable Content,EagleView Software or Documentation(or any
combination thereof)to EagleView. The provisions of the Agreement that by their nature would survive its termination will
survive indefinitely.
5. LIMITED WARRANTY;DISCLAIMER OF WARRANTIES;WAIVER
a. Limited Warranties. EagleView represents and warrants to Customer:
i. That the Delivered Content will contain true and usable copies of the designated imagery as of the date of capture;and
ii. That it has the right and authority to make the applicable Services and the applicable Content available to you, and to the
extent applicable,your Authorized Users,as authorized expressly by the Agreement.
As your sole and exclusive remedy for any breach of Section 5(a)(i)with respect to the Delivered Content,EagleView shall
use reasonable efforts to correct any deficiency that precludes use of the Delivered Content in the manner intended.
b. Disclaimers. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 5(A) OF THE AGREEMENT, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW,THE SERVICES AND CONTENT ARE PROVIDED ON AN"AS IS",
"AS AVAILABLE" BASIS AND "WITH ALL FAULTS"AND EAGLEVIEW, AND EACH THIRD PARTY SUPPLIER
OF THE CONTENT OR SERVICES, EXPRESSLY DISCLAIM ALL OTHER WARRANTIES OF ANY KIND
(WHETHER EXPRESS, IMPLIED OR STATUTORY), INCLUDING THE WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, THAT THE SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE CONTENT OR SERVICES WILL BE
CORRECTED. Without limiting the foregoing,the Services and the 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. The Services and the Content are provided for
visualization purposes only, are not authoritative or definitive, and do not constitute professional engineering or surveying
services. All measurements and reports generated by the Services or from the 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. Contour information obtained from the Services or contained in the 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.While the Services and the Content may be considered useful
supplements for life critical applications, they are not designed or maintained to support such applications and EagleView,
and its third party suppliers of the Content or Services,hereby disclaim all liability for damages,claims and expenses arising
from such use.Your reliance on the Services and the Content should only be undertaken after an independent review of their
accuracy,completeness,efficacy,timeliness and adequacy for your intended purpose.EagleView and each third party supplier
of any portion of the Content or Services assume no responsibility for any consequences resulting from the use of the Services
or the Content. EagleView, and each third party supplier of any portion of Content or Services,hereby disclaim all liability
for damages, claims and expenses arising from or in any way related to the accuracy or availability of the Services and the
Content.
c. Waiver of Rights. By accepting these General Terms or by using any of the Services or the Content,you waive any and all
rights you may have against a Covered Party,each third party supplier of any portion of the Content or Services,and each of
their directors,officers,members and employees,arising out of use of or reliance upon the Services or the Content.
Page 7 of 18 WA City of Kent—LC-10001616 2023-03-15 9.5LD
6. LIMITATION OF LIABILITY
a. Limitation of Liability.No Covered Party shall be liable for any loss,injury,claim,liability,or damage of any kind resulting
in any way from, as applicable, (a) any errors in or omissions from the Services or the Content, (b) the unavailability or
interruption of the Services or any features thereof or of the Content,(c)your or any other party's use of the Services or the
Content, (d)the loss or corruption of any data or equipment in connection with the Services or the Content, (e)the content,
accuracy,or completeness of the Content,all regardless of any assistance received in the use of the Services 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 Services.
b. Consequential Loss Exclusion. To the fullest extent permissible by applicable law,neither you nor the Covered Parties will
be liable under any cause of action of any kind arising out of or related to the Agreement(including under theories involving
tort, contact,negligence,strict liability or breach of warranty)for any special,indirect,incidental, or consequential damages
of any kind whatsoever(including,without limitation,lost profits and attorneys'fees)even if a party has been advised of the
possibility of such damages. The foregoing limitation of liability shall not apply to your(and your Authorized Users'or end-
users(or both))infringement of any intellectual property rights or misappropriation of proprietary data(including Content)or
confidential information belonging to EagleView or any of its third party suppliers.
c. Liability Cap. 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 Services or the Content or the Agreement exceed
the lesser of(i)your actual direct damages,or(ii)the amount you paid for the impacted Services or Content in the twelve(12)
month period immediately preceding the date the claim arose.
d. Defend and Hold Harmless. If there is a breach of the warranties in Section 5(a) above, then EagleView, 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
your use or,to the extent applicable,your Authorized Users' use, of the Services or the Content, excluding any Services or
Content supplied by a third party,asserted against you by any third party provided: (i)all use of the applicable Services and
the applicable Content was in accordance with the Agreement; (ii)the claim,cause of action or infringement was not caused
by you modifying or combining the applicable Services or the applicable Content with or into other products, applications,
images or data not approved by EagleView in writing; (iii) you give EagleView prompt notice of such claim; and(iv)you
give EagleView the right to control and direct the investigation, defense and settlement of such claim.You,at EagleView's
expense,shall reasonably cooperate with EagleView in connection with the foregoing.
e. Right to Mitigate. In addition to Section 6(d),if any of the Services,the operation thereof or any of the Content become, or
in the opinion of EagleView are likely to become,the subject of a claim of infringement,EagleView may, at its option and
expense, either: (i)procure for you the right to continue using the applicable Services or the applicable Content, (ii)replace
or modify the applicable Services or the applicable Content so that they become non-infringing; or (iii) terminate the
Agreement (including the applicable licenses granted to you) on notice to you and grant you a pro-rata refund or credit
(whichever is applicable)for any pre-paid Fees.
f. Sole/Exclusive Remedy. Your right to monetary damages in the amount of the liability cap, as specified in Section 6(c)
above,shall be in lieu of all other remedies which you may have against any Covered Party. The provisions of Sections 6(d)
and Ce)of the Agreement shall constitute your sole and exclusive remedy for the respective matters specified therein.
g. Notification of Claims.You shall(a)notify EagleView in writing of any claims or proceedings involving any of the Content
and/or the Services within ten(10)days after you learn of the claim or proceeding,and(b)report promptly to EagleView all
claimed or suspected defects in the Content and/or the Services.
7. MISCELLANEOUS
a. Restricted Rights. The Content and Services acquired with United States Government funds or intended for use within or for
any United States federal agency are 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.
b. 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 Content or Services in violation of the Export Administration Regulations of the U.S.Department of Commerce.
c. Patriot Act.You are aware and understand that any user data collected or stored by the Online Services or the WVO Services
may be accessed by US law enforcement agencies under the US PATRIOT Act. You hereby release, and agree to hold
EagleView harmless from,all claims against EagleView with respect to such access.
d. Non-Compete.You may not use the Services or the Content(or both)to compete with any businesses of EagleView.
e. FCR.You may not use information included in the Services or the 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.
Page 8 of 18 WA City of Kent—LC-10001616 2023-03-15 9.5LD
The term"consumer"is defined in the United States Fair Credit Reporting Act at 15 USC §1681.
f. Amendments/Modifications.Any modifications,amendments or supplements to the Agreement must be made in writing and
be signed by duly authorized officers of each party. Furthermore, the Agreement may not be modified, amended or
supplemented 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.
g. Payment on Breach. In the event of a breach of your obligations under the Agreement, including your payment obligations,
you agree to pay all of EagleView's costs of enforcement and collection,including court costs and reasonable attorneys'fees.
h. Notices. All notices and other communications hereunder shall be in writing or, solely with respect to the Online Services,
displayed electronically in the Online Services by EagleView. 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 EagleView should be sent to EagleView,Attn: General Counsel,
25 Methodist Hill Drive,Rochester,New York 14623.
i. No Waiver.No waiver of a breach of any term of the Agreement 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 the
Agreement.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.
j. Assignment.Neither you nor any Authorized User may assign or otherwise transfer your rights or delegate your duties under
the Agreement without the prior written consent of EagleView. Any attempt by you or any Authorized User to assign,transfer
or delegate your rights or obligations under the Agreement without EagleView's consent shall be void,and shall also void the
limited license granted to you by the Agreement. The 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.
k. Governing Law.The 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 the 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.
1. Force Majeure.Except with respect to Customer's payment obligations for Content or Services(or both)provided,each party
will be excused from performance under the Agreement,will not be deemed to be in breach hereof,and will have no liability
to the other party whatsoever if either party is prevented from performing any of its obligations hereunder,in whole or in part,
as a result of a Force Majeure Event. A "Force Majeure Event" means an event or occurrence beyond the control of the
nonperforming party,such as an act of God or of the public enemy,embargo or other act of government in either its sovereign
or contractual capacity,government regulation,travel ban or request,court order,civil disturbance,terrorism,war,quarantine
restriction, epidemic,virus, fire,weather,flood,accident, strike, slowdown,delay in transportation,electrical power outage,
interruption or degradation in electronic communications systems, inability to obtain necessary labor, materials or
manufacturing facilities, and other similar events. In the event of any delay resulting from a Force Majeure Event, any date
of delivery hereunder will be extended for a period equal to the time lost because of the delay.
in. Severability. The Agreement will be enforced to the fullest extent permitted by applicable law. If any provision of the
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 the Agreement.
n. Third Party Beneficiary.Where applicable,each affiliate of EagleView and each third party supplier of the Content or Services
has the right to assert and enforce the provisions of the Agreement directly on its own behalf as a third party beneficiary.
o. Entire Agreement.The Agreement constitutes the entire agreement of the parties with respect to its subject matter and replaces
and supersedes any prior written or verbal commmications,representations,proposals or quotations relating to that subject
matter.
p. Construction. The headings in the Agreement are for convenience only. They do not constitute a portion of the Agreement
and will not be used in any construction of it. The terms"include"and"including"are not limiting.
Page 9 of 18 WA City of Kent—LC-10001616 2023-03-15 9.5LD
II. PRODUCT SPECIFIC TERMS
A. DELIVERED CONTENT. These terms apply to Delivered Content only. If you receive,access or use Delivered Content under the
Agreement,the following terms apply to you.
1. Grant of Rights. 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. Delivered Content 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 Delivered Content 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(each a"Permitted Public Member"),but only through Delivered Content
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. Delivered Content Authorized User, Authorized Subdivision and Permitted Public Compliance. You shall at all times be
responsible for compliance by each Delivered Content Authorized User,Authorized Subdivision and Permitted Public Member
with the terms and conditions of the Agreement including these Delivered Content terms and conditions.
3. Project Participants. Each notice to EagleView 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.
EagleView retains the right to restrict or revoke access to Delivered Content by any Project Participant who does not comply
with the terms of the Agreement including these Delivered Content terms and conditions.
4. Geographic Data. If available, you agree to provide to EagleView geographic data in industry standard format (e.g., shape,
DBF) including 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 EagleView as part of its products and services,provided that at no time shall EagleView claim
ownership of that data.
5. STANDARD ORTHO MOSAIC PRODUCTS.
EagleView standard ortho mosaic products are produced through automated mosaicking processes that incorporate digital
elevation data with individual EagleView 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 EagleView works to
minimize such artifacts, without limitation to anything set forth in the Agreement, the EagleView 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 EagleView products may be available that are less prone to such artifacts than the EagleView standard ortho mosaic
products.
Page 10 of 18 WA City of Kent—LC-10001616 2023-03-15 9.5LD
6. RapidAccess—Disaster Response Program("DRP")
A. Disaster Coverage Imagery — If Section A: Product Description, Prices and Payment Terms provides EagleView will
provide DRP,then EagleView will,upon request of Customer,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 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 EagleView resource availability,offered to Customer at the then current DRP rates. Also,coverage for areas affected
by hurricanes below Category 11,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 Pictometry ConnectExplorerrm—EagleView's DRP includes the use of Connect Explorer for a
term of ninety(90)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.
7. Use of EagleView's Marks. You agree not to attach any additional trademarks, trade names, logos or designations, whether
registered or not("Marks")to any Delivered Content or to any copies of any Delivered Content without prior written approval
from EagleView. 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 EagleView marks. You further agree that you will not use any
EagleView trademark, trade name, logo, or designation in connection with any product or service other than the applicable
Delivered Content. EagleView grants you a nonexclusive,non-sublicensable,non-transferable right to use EagleView's Marks
to display such Marks to the extent they appear on the Delivered Content and for no other purpose and your right is coterminous
with the license granted to you pursuant to the Agreement. You will only use EagleView's Marks as advised by EagleView
from time to time and any and all goodwill accruing from your use of such Marks will inure to the benefit of EagleView.
8. License Term. The license granted to you pursuant to these Delivered Content terms and conditions is perpetual, subject to
EagleView's right to terminate the license in the event you do not pay in full the Fees,unless the Agreement is terminated for
any reason other than a breach of the Agreement by EagleView,or as otherwise provided in the Agreement.
B. ONLINE SERVICES. These terms apply to the Online Services and Licensed Content only. If you access or use the Online Services
or Licensed Content under the Agreement,the following terms apply to you.
1. Grant of Rights. 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 otherwise set forth in the Agreement, 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.
2. Access. Only Eligible Users are eligible to access and use the Online Services and the Licensed Content pursuant to the
Agreement. Each Eligible User shall be assigned a EagleView Credential for the purposes of accessing the Online Services.
You will promptly deactivate an Eligible User's EagleView 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 EagleView Credentials issued to your Eligible Users, including
associated charges,whether by Eligible Users or others.
3. License Term. Unless otherwise set forth in Section A(Product Description,Prices and Payment Terms),the license granted
to you pursuant to these Online Services terms and conditions will continue for the duration of the term of the Agreement,
unless terminated earlier by EagleView in accordance with the terms of the Agreement.
Page 11 of 18 WA City of Kent—LC-10001616 2023-03-15 9.5LD
C. WEB VISUALIZATION. These terms apply to the WVO Services and WVO Licensed Content only. If you access or use the WVO
Services or WVO Licensed Content under the Agreement,the following terms apply to you.
1. Grant of Rights.You are granted a nonexclusive,nontransferable,limited right to use and to provide public access to,and use
of, the WVO Services solely for purposes of providing access to WVO Licensed Content in response to human-initiated,
discrete location-specific requests through a single website operated exclusively by or for you to serve you and your public
constituencies and not for resale or redistribution or commercial use of any nature.
2. End-User Access.You shall provide to all end-users of the WVO Services on the page through which they access such services
conspicuous notice of the following terms of access: (a) WVO Licensed Content available through the WVO is copyrighted
material,(b)end-users of the WVO Services are granted the right to access and view the WVO Licensed Content through the
WVO Services for personal use only and not for commercial purposes of any type, (c) end-users of the WVO Services are
prohibited from reproducing,reselling,transferring,redistributing or creating derivative works from WVO Licensed Content,
(d)all right,title,and interest(including all copyrights,trademarks and other intellectual property rights)in the WVO Services
and the WVO Licensed Content in all media belongs to the Covered Party,and(e)EagleView takes no responsibility for and
shall not be liable for the WVO Licensed Content of its third party suppliers.
3. License Term. Unless otherwise set forth in Section A(Product Description,Prices and Payment Terms),the license granted
to you pursuant to these WVO Services terms and conditions will continue for the duration of the term of the Agreement,unless
earlier terminated by EagleView in accordance with the terms of the Agreement.
D. SOFTWARE LICENSE. These terms apply to the EagleView Software and the Documentation only. If you download, receive
access to or use the EagleView Software or the Documentation(or both)under the Agreement,the following terms apply to you.
1. Grant of Rights. Subject to the terms and conditions of the Agreement,you are granted a limited,non-transferable,terminable,
non-sublicenseable,non-exclusive license to install and use the EagleView Software and the Documentation solely for internal
use. Use of the functionality provided by the EagleView Software other than for your internal use is prohibited, except with
the prior written approval of EagleView. You may make one copy of the EagleView 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.
2. License Term.The license granted to you pursuant to these Software License terms and conditions will terminate automatically
(i) upon termination or expiry of the Agreement for any reason, or(ii) without notice from Pictometry if you fail to comply
with any term of the Agreement.
[END OF LICENSE TERMS]
Page 12 of 18 WA City of Kent—LC-10001616 2023-03-15 9.5LD
SECTION C: NON-STANDARD TERMS AND CONDITIONS
1. Applicable Law.Notwithstanding anything to the contrary set forth elsewhere in this Agreement,this Agreement and any
modifications,amendments or alterations shall be interpreted,construed and enforced in all respects in accordance with the laws of
the State of Washington,excluding its conflicts of law principles.Each party irrevocably consents to the exclusive jurisdiction of
the courts of the State of Washington in connection with any action to enforce the provisions of this Agreement,to recover
damages or other relief for breach or default under this Agreement,or otherwise arising under or by reason of this Agreement.
2. Public Records.EagleView acknowledges that information submitted to the City is subject to the Washington Public Records Act,
Chapter 42.56 RCW,and is open to public inspection,subject to any exceptions permitted by law(i.e.,unless an exemption
applies).EagleView may identify records submitted to the City/Licensee that EagleView believes are non-disclosable,such as
trade secrets.EagleView is responsible for clearly and conspicuously identifying the records as confidential or proprietary and
shall provide a brief written explanation as to why such information is confidential and how it may be treated as such under state or
federal law. The City Licensee agrees to keep confidential any proprietary or confidential books or records to the extent permitted
by law.If the City Licensee receives a public records request under Chapter 42.56 RCW or similar law for the disclosure of the
records or any part of the documents EagleView has designated as confidential,trade secret,or proprietary,the City shall provide
EagleView with written notice of the request as soon as commercially feasible to do so,including a copy of the request prior to
disclosure so that EagleView can take appropriate steps to protect its interests.Nothing in this Section prohibits the City from
complying with Chapter 42.56 RCW or any other applicable law or court order requiring the release of public records,and the City
shall not be liable to EagleView for compliance with any law or court order requiring the release of public records.The City will
not assert an exemption from disclosure or production on EagleView's behalf. The City shall comply with any injunction or court
order obtained by EagleView that prohibits the disclosure of any such confidential records.If a higher court overturns an
injunction or court order and such higher court action is or has become final and non-appealable,EagleView shall reimburse the
City for any fines or penalties imposed for failure to disclose such records within 45 days of a request from the City,unless
additional time is reasonably necessary under the circumstances and is agreed to by the parties.
3. EagleView shall use commercially reasonable efforts to complete the image capture during the Spring 2023 capture season.This is
a target date only because the image capture process may be affected by numerous conditions outside of EagleView's control
including weather or aircraft availability,and airspace permissions.
4. Section 7.d,Non-Compete. Section 7.d is hereby deleted in its entirety.
5. Section 7.g,Payment on Breach. Section 7.g is hereby amended and revised as follows:
"Payment on Breach.In the event of a breach of a party's obligations under the Agreement,including Customer's payment
obligations, the breaching party agrees to pay all of the non-breaching party's costs of enforcement and collection,
including court costs and reasonable attorneys'fees."
6. With respect to any claims that Customer may have or assert against EagleView on any matter relating to the Agreement,the total
liability of EagleView shall,in the aggregate,be limited to twice the aggregate amount received by EagleView pursuant to the
Agreement.
Page 13 of 18 WA City of Kent—LC-10001616 2023-03-15 9.5LD
APPENDIX 1 PHOTOGRAMMETRIC PRODUCT SPECIFICATIONS
EagleView Reveal
Essentials+ Community deliverables
Product Essentials+Community
Orthomosaic • Typical Positional Horizontal Accuracy: 1m at a 95%confidence
Specifications level
• Fully automated photogrammetric orthomosaic. Imagery may
contain seamlines
• Project-wide color and contrast balancing
Oblique Imagery Nominal gin GSD oblique imagery or better:
• Where available fully automated photogrammetric mosaiced
imagery. Imagery may contain seamlines
Metadata and Reporting Metadata:
• Metadata generated that meets FGDC Standards upon request
• Shapefile(s)with discrete deliverable boundaries and directional
metadata
Orthomosaic Deliverable Resolution:
Format (Online) 0 Nominal gin GSD
Access Methods:
• Available via web-based viewer(Connect)-Contracted separately
• Also available via WMS/WMTS(Image Service)-Contracted
separately
Orthomosaic Deliverable Resolution:
Format (Physical) • Nominal gin GSD
Projection/Coordinate System:
• WA Lambert, North Zone
Datum:
• Vertical=NAVD881 Horizontal = NAD83/91
File Format:
• Mosaic Tiles
o Available as JPEG,GeoTIFF,JPEG2000, PNG, ECW, MrSID
(All versions)with world file
o Includes separate Pictometry Map Image(PMI)trailer file
• Project-Wide Mosaic
o Available in ECW, MrSID(All versions)format
Oblique Imagery Access methods:
Deliverable Format • Available via web-based viewer(Connect)-Contracted separately
Delivery Timeline • Best efforts to make ortho and oblique imagery available online
and/or ready for physical delivery within 30 days of capture completion
Page 14 of 18 WA City of Kent—LC-10001616 2023-03-15 9.5LD
EagleView Reveal
Advanced Property deliverables
Product Advanced Property
Product Description Provides measurable high resolution ortho and oblique imagery at the Property level as well as Reveal
Four Band Color Infrared, Reveal Certified Ortho and Reveal TrueTouch add-on features. Color
balanced orthomosaic imagery is generated by a fully automated photogrammetric process and
delivered digitally in various formats with the associated metadata.
Ortho frame imagery • Nominal tin GSD ortho imagery, Imagery as good as 1.2in and no worse than 3in
Orthomosaic Reveal Property Orthomosaic enhanced with the following Reveal add-ons:
Specifications 0 Certified Ortho
• TrueTouch
• Four Band Color Infrared
Oblique Imagery Nominal 2.6in GSD oblique imagery ranging from 1.7in to 3.5in GSD
• Where available fully automated photogrammetric mosaiced imagery. Imagery may
contain seamlines
Metadata and Reporting Metadata and reporting:
• Certified Ortho metadata and reporting
• Shapefile(s)with discrete deliverable boundaries and directional metadata
Orthomosaic Deliverable Resolution:
Format (Online)-RGB • Nominal 2in GSD, no worse than 3in (Best Available Provided)
Only Access Methods:
• Available via web-based viewer(Connect) -Contracted separately
• Also available via WMS/WMTS(Image Service)-Contracted separately
Orthomosaic Deliverable Resolution:
Format(Physical) 0 Nominal 2in GSD, no worse than 3in (Best Available Provided)
Projection/Coordinate System:
• WA Lambert, North Zone
Datum:
• Vertical = NAVD88, Horizontal = NAD83/91
File Format:
• Mosaic Tiles
o Available as JPEG,GeoTIFF,JPEG2000, PNG, ECW, MrSID(All versions)with
world file
o Includes separate Pictometry Map Image(PMI)trailer file
• Project-Wide Mosaic
o Available in ECW, MrSID(All versions)format
Oblique Imagery& Frame Access methods:
Imagery Deliverable • Available via web-based viewer(Connect) -Contracted separately
Format
Delivery Timeline • Best efforts to make frame imagery available online within 20 days of capture
complete
• Best efforts to make oblique imagery available online and/or ready for physical
delivery within 30 days of capture completion
• Best efforts to make ortho imagery available online and/or ready for physical delivery
within 200 days of final data collection.
Page 15 of 18 WA City of Kent—LC-10001616 2023-03-15 9.5LD
Essentials Add-on - Certified Ortho
Products Related to Essentials
Essentials+
Advanced
Product Description Certified Ortho upgrades an Essentials orthomosaic to an authoritative orthomosaic produced in
accordance with state and local requirements
Product Eligibility 0 Reveal Certified Ortho can only be purchased in conjunction with a related product
type
• Reveal Certified Ortho is only applicable to Reveal orthomosaic imagery
Orthomosaic Accuracy Absolute Horizontal Accuracy:
• Produced to meet ASPRS Horizontal Accuracy Standards of 53 px RMSEx,y
• Optional 2 px RMSEx,y(where available)
ASPRS Accuracy https://www.asprs.org/a/society/committees/standards/Positional Accuracy Standards. df
Standards
Metadata and Reporting Reporting
• FGDC Compliant metadata
• Project report in accordance with state and local requirements
Optional Reporting* • Signed &Sealed Produced to Accuracy Statement
• Signed &Sealed Tested to Accuracy Statement
o Requires Independent Accuracy Assessment to ASPRS Standards Product
* Available upon request. May require purchase of additional products
Essentials Add-on -TrueTouch
Products Related to Essentials
Essentials+
Advanced
Product Description TrueTouch is the application of visual improvements to customers' orthomosaic imagery
Product Eligibility Can only be purchased with appropriate Reveal product
rueTouch is only applicable to customer RGB and CIR orthomosaic imagery
Content Specifications Seam Artifacts
• There will be no obvious seam edges between two adjacent orthophotos
• Orthomosaic will have edits to eliminate feature misalignment caused by seamlines
which pass through features above the elevation surface including roads. Feature
alignment across seamlines will be 3px or better.
o Exceptions may include residential buildings and industrial complexes
Building and Bridge Lean
• Correction of bridges
• Correction of major buildings obstructing roadways
o Exceptions may include residential buildings and industrial complexes
Essentials Add-on — Four Band Color Infrared
Products Related to Essentials
Essentials+
Advanced
Product Name Reveal Four Band Color Infrared
Product Description Four Band Color Infrared provides an automatically generated 3-Band color infrared orthomosaic with
respective tiles. Imagery may contain seamlines.
Product Eligibility 0 Reveal Four Band Color Infrared can only be purchased in conjunction with a related
product type
• Reveal Four Band Color Infrared is only applicable to Reveal orthomosaic imagery
Content Specifications Mosaics:
• 3-Band false color infrared orthomosaic
• 4-Band orthomosaic(Available upon request)
Page 16 of 18 WA City of Kent—LC-10001616 2023-03-15 9.5LD
Mosaic Tiles:
• 4-Band orthomosaic tiles
• 3-Band false color infrared orthomosaic tiles(Available upon request)
Orthomosaic Currently Unavailable
Deliverable Format
(Online)
Page 17 of 18 WA City ofKent—LC-10001616 2023-03-15 9.5LD
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Page 18 of 18 WA City of Kent—LC-10001616 2023-03-15 9.5LD