15-220229-RFP DRAFT CONTRACT PENDING OET APPROVAL CONTRACT.PDF
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SERIAL 220229-RFP AERIAL IMAGERY SERVICES DATE OF LAST REVISION: August 31, 2022 CONTRACT END DATE: August 31, 2025 CONTRACT PERIOD THROUGH AUGUST 31, 2025 TO: All Departments FROM: Office of Procurement Services SUBJECT: Contract for AERIAL IMAGERY SERVICES Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to Maricopa County activities as awarded by Maricopa County on August 31, 2022 (Eff. 09/01/22). All purchases of products and/or services listed on the attached pages of this letter are to be obtained from the vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts. The contract period is indicated above. BW/mm Attach Copy to: Office of Procurement Services Kevin LaVallee, OET (Please remove Serial 220120-CI from your contract notebooks) CONTRACT AERIAL IMAGERY SERVICES 220229-RFP C-73-23-016-X-00 This contract is entered into this 31st day of August, 2022 by and between Maricopa County (“County”, “Client”, “Customer”), a political subdivision of the State of Arizona, and Digital Mapping, Inc., a California corporation (“Contractor”, “Digital Mapping”, “DMI” ) for the purchase of Aerial Imagery Services. 1.0 CONTRACT TERM This contract is for a term of three years, beginning on the 1st day of September, 2022 and ending the 31st day of August, 2025. 2.0 OPTION TO RENEW The County may, at its option and with the concurrence of the Contractor, renew the term of this contract up to a maximum of seven (7) additional year(s), (or at the County’s sole discretion, extend the contract on a month-to-month basis for a maximum of six months after expiration). The Contractor shall be notified in writing by the Office of Procurement Services of the County’s intention to renew the contract term at least 60 calendar days prior to the expiration of the original contract term. 3.0 CONTRACT COMPLETION In preparation for contract completion, the Contractor shall make all reasonable efforts for an orderly transition of its duties and responsibilities to another provider and/or to the County. This may include, but is not limited to, preparation of a transition plan and cooperation with the County or other providers in the transition. The transition includes the transfer of all records and other data in the possession, custody, or control of the Contractor that are required to be provided to the County either by the terms of this agreement or as a matter of law. The provisions of this clause shall survive the expiration or termination of this agreement. 4.0 PRICE ADJUSTMENTS Any requests for reasonable price adjustments must be submitted 60 calendar days prior to contract expiration. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. The reasonableness of the request will be determined by comparing the request with the Consumer Price Index or by performing a market survey. If County agrees to the adjusted price terms, County shall issue written approval of the change and provide an updated version of the contract. The new change shall not be in effect until the date stipulated on the updated version of the contract. 5.0 PAYMENTS 5.1 As consideration for performance of the duties described herein, County shall pay Contractor the sum(s) stated in Exhibit A-1 Pricing. 5.2 Payment shall be made upon the County’s receipt of a properly completed invoice. SERIAL 220229-RFP 5.3 INVOICES 5.3.1 The Contractor shall submit one legible copy of their detailed invoice before payment(s) will be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the following information: • Company name, address, and contact information • County bill-to name and contact information • Contract serial number • County purchase order number • Project name and/or number • Invoice number and date • Payment terms • Date of service or delivery • Quantity • Contract item number(s) • Description of purchase (product or services) • Pricing per unit of purchase • Extended price • Total amount due 5.3.2 Labor, services, and maintenance must be billed as a separate line item. 5.3.3 Problems regarding billing or invoicing shall be directed to the department as listed on the purchase order. 5.3.4 Payment shall only be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an electronic funds transfer (EFT) process. After contract award, the Contractor shall complete the Vendor Registration Form accessible from the County Department of Finance Vendor Registration Web Site https://www.maricopa.gov/5169/Vendor- Information. 5.3.5 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County. 5.3.6 EFT payments to the routing and account numbers designated by the Contractor shall include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details. 5.4 PAYMENT RETENTION 5.4.1 Fifty percent (50%) of monies paid for Delivered Content earned by Contractor related to a Purchase Order shall be retained by County until an initial delivery, including in electronic form, of the Delivered Content is made by Contractor. Upon said initial delivery, County shall release to Contractor fifty percent (50%) of the monies owed for the Delivered Content. County shall then release twenty-five percent (25%) of the remaining monies owed to Contractor for Delivered Content upon Final Completion. The remaining twenty-five percent (25%) of the monies due to Contractor shall be paid within three (3) months of Final Completion. All monies owed to Contractor by County for Delivered Content shall be paid in full within three (3) months of Final Completion. 5.4.2 The County may elect to release specific retention payments based on mutually agreed milestones, but in no case shall retention be released prior to Final Completion. All other payment terms and conditions shall not be affected by the retention. In the event of termination or cancellation of this Contract by County SERIAL 220229-RFP through no fault of Contractor, Contractor shall be entitled to the refund of any funds in the retention account. 5.4.3 After fifty percent (50%) of the Products have been delivered, the County may reduce the retainage to five percent (5%) of all monies previously earned and all monies earned thereafter. Any reduction in retainage shall be in the discretion of the County. Any interest earned on retainage shall accrue solely to the benefit of County. 5.4.4 The payment retention set forth in this Section 5.4 does not apply to payment for online services or web visualization services. Monies for said products are earned upon activation of said products. Payment for said products is due within thirty (30) days of the County’s receipt of a properly submitted invoice. 5.5 APPLICABLE TAXES 5.5.1 It is the responsibility of the Contractor to determine any and all applicable taxes and include those taxes in their proposal. The legal liability to remit the tax is on the entity conducting business in Arizona. Tax is not a determining factor in contract award. 5.5.2 The County will look at the price or offer submitted and will not deduct, add, or alter pricing based on speculation or application of any taxes, nor will the County provide Contractor any advice or guidance regarding taxes. If you have questions regarding your tax liability, seek advice from a tax professional prior to submitting your bid. You may also find information at https://www.azdor.gov/Business.aspx. Once your bid is submitted, the offer is valid for the time specified in this solicitation, regardless of mistake or omission of tax liability. If the County finds overpayment of a project due to tax consideration that was not due, the Contractor will be liable to the County for that amount, and by contracting with the County agrees to remit any overpayments back to the County for miscalculations on taxes included in a bid price. 5.5.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State, and local taxes applicable to their operation and any persons employed by the Contractor. Contractor shall, and require all subcontractors to, hold Maricopa County harmless from any responsibility for taxes, damages, and interest, if applicable, contributions required under Federal and/or State and local laws and regulations, and any other costs including: transaction privilege taxes, unemployment compensation insurance, Social Security, and workers’ compensation. Contractor may be required to establish, to the satisfaction of County, that any and all fees and taxes due to the City or the State of Arizona for any license or transaction privilege taxes, use taxes, or similar excise taxes are currently paid (except for matters under legal protest). 6.0 AVAILABILITY OF FUNDS 6.1 The provisions of this contract relating to payment for services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to County for disbursement. The County shall be the sole judge and authority in determining the availability of funds under this contract. County shall keep the Contractor fully informed as to the availability of funds. 6.2 If any action is taken by, any State agency, Federal department, or any other agency or instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this contract, County may amend, suspend, decrease, or terminate its obligations under, or in connection with, this contract. In the event of termination, County shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services are performed in accordance with the provisions SERIAL 220229-RFP of this contract. County shall give written notice of the effective date of any suspension, amendment, or termination under this section, at least 10 days in advance. 7.0 STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE) The County is a member of the SAVE cooperative purchasing group. SAVE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts. Under the SAVE Cooperative Purchasing Agreement, and with the concurrence of the successful respondent under this solicitation, a member of SAVE may access a contract resulting from a solicitation issued by the County. If contractor does not want to grant such access to a member of SAVE, state so in contractor’s bid. In the absence of a statement to the contrary, the County will assume that contractor does wish to grant access to any contract that may result from this bid. The County assumes no responsibility for any purchases by using entities. 8.0 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPAs) County currently holds ICPAs with numerous governmental entities. These agreements allow those entities, with the approval of the Contractor, to purchase their requirements under the terms and conditions of the County contract. It is the responsibility of the non-County government entity to perform its own due diligence on the acceptability of the contract under its applicable procurement rules, processes, and procedures. Certain governmental agencies may not require an ICPA and may utilize this contract if it meets their individual requirements. Other governmental agencies may enter into a separate Statement of Work with the Contractor to meet their own requirements. The County is not a party to any uses of this contract by other governmental entities. 9.0 DUTIES 9.1 The Contractor shall perform all duties stated in Exhibit B – Scope of Work, or as otherwise directed in writing by the procurement officer. 9.2 During the contract term, County may provide Contractor’s personnel with adequate workspace for consultants and such other related facilities as may be required by Contractor to carry out its contractual obligations. 10.0 TERMS AND CONDITIONS 10.1 INDEMNIFICATION 10.1.1 To the fullest extent permitted by law, and to the extent that claims, damages, losses, or expenses are not covered and paid by insurance purchased by the contractor, the contractor shall defend, indemnify, and hold harmless the County (as Owner), its agents, representatives, officers, directors, officials, and employees from and against all claims, damages, losses, and expenses (including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from, the negligent acts, errors, omissions, or mistakes relating to the performance of this contract. 10.1.2 Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment of, or destruction of tangible property, including loss of use resulting therefrom, caused by negligent acts, errors, omissions, or mistakes in the performance of this contract, but only to the extent caused by the negligent acts or omissions of the contractor, a subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. SERIAL 220229-RFP 10.1.3 The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this section. 10.1.4 The scope of this indemnification does not extend to the sole negligence of County. 10.2 INSURANCE 10.2.1 Contractor, at Contractor’s own expense, shall purchase and maintain, at a minimum, the herein stipulated insurance from a company or companies duly licensed by the State of Arizona and possessing an AM Best, Inc. category rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County. 10.2.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this contract. 10.2.3 In the event that the insurance required is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this contract and either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed. 10.2.4 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 10.2.5 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County’s right to coverage afforded under the insurance policies. 10.2.6 The insurance policies may provide coverage that contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 10.2.7 The insurance policies required by this contract, except Workers’ Compensation and Errors and Omissions, shall name County, its agents, representatives, officers, directors, officials, and employees as additional insureds. 10.2.8 The policies required hereunder, except Workers’ Compensation and Errors and Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials, and employees for any claims arising out of Contractor’s work or service. 10.2.9 If available, the insurance policies required by this contract may be combined with Commercial Umbrella Insurance policies to meet the minimum limit requirements. If a Commercial Umbrella insurance policy is utilized to meet insurance requirements, the Certificate of Insurance shall indicate which lines the Commercial Umbrella Insurance covers. SERIAL 220229-RFP 10.2.9.1 Commercial General Liability Commercial General Liability (CGL) insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit. The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. 10.2.9.2 Automobile Liability Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $2,000,000 each occurrence with respect to any of the Contractor’s owned, hired, and non-owned vehicles assigned to or used in performance of the Contractor’s work or services or use or maintenance of the premises under this contract. 10.2.9.3 Workers’ Compensation 10.2.9.3.1 Workers’ compensation insurance to cover obligations imposed by Federal and State statutes having jurisdiction of Contractor’s employees engaged in the performance of the work or services under this contract; and Employer’s Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. 10.2.9.3.2 Contractor, its subcontractors, and sub-subcontractors waive all rights against this contract and its agents, officers, directors, and employees for recovery of damages to the extent these damages are covered by the workers’ compensation and Employer’s Liability, or Commercial Umbrella Liability insurance obtained by Contractor, its subcontractors, and its sub-subcontractors pursuant to this contract. 10.2.9.4 Errors and Omissions/Professional Liability Insurance Contractor shall maintain Professional Liability insurance which will provide coverage for any and all acts arising out of the work or services performed by the contractor under the terms of this contract, with a limit of not less than $2,000,000 for each claim, and $4,000,000 aggregate claims. 10.2.10 Certificates of Insurance 10.2.10.1 Prior to contract award, Contractor shall furnish the County with valid and complete Certificates of Insurance, or formal endorsements as required by the contract in the form provided by the County, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this contract are in full force and effect. Such certificates shall identify this contract number and title. SERIAL 220229-RFP 10.2.10.2 In the event any insurance policy(ies) required by this contract is (are) written on a claims-made basis, coverage shall extend for two years past completion and acceptance of Contractor’s work or services and as evidenced by annual certificates of insurance. 10.2.10.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County 15 calendar days prior to the expiration date. 10.2.11 Cancellation and Expiration Notice Applicable to all insurance policies required within the insurance requirements of this contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without 30 days prior written notice to Maricopa County. Contractor must provide to Maricopa County, within two business days of receipt, if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed, or hand delivered to 160 S. 4th Avenue, Phoenix, AZ 85003, or emailed to the procurement officer noted in the solicitation. 10.3 FORCE MAJEURE 10.3.1 Neither party shall be liable for failure of performance, nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this contract, if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events, occurrences, or causes include, but are not limited to, acts of God/nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, and interruption or failure of electricity or telecommunication service, and pandemic. 10.3.2 Each party, as applicable, shall give the other party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 10.3.3 The party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated. 10.4 ORDERING AUTHORITY Any request for purchase shall be accompanied by a valid purchase order issued by a County department or directed by a Certified Agency Procurement Aid (CAPA) with a purchase card for payment. 10.5 PROCUREMENT CARD ORDERING CAPABILITY County may opt to use a procurement card (Visa or Master Card) to make payment for orders under this contract. SERIAL 220229-RFP 10.6 INTERNET ORDERING CAPABILITY It is the intent of Maricopa County to use the Internet to communicate and to place orders under this contract. 10.7 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION This contract does not guarantee any minimum or maximum purchases will be made. Orders will only be placed under this contract when the County identifies a need and proper authorization and documentation have been approved. 10.8 PURCHASE ORDERS 10.8.1 County reserves the right to cancel purchase orders within a reasonable period of time after issuance. Should a purchase order be canceled, the County agrees to reimburse the Contractor for actual and documentable costs incurred by the Contractor in response to the purchase order. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, or for shipment of product prior to issuance of purchase order. 10.8.2 Contractor agrees to accept verbal notification of cancellation of purchase orders from the County procurement officer with written notification to follow. Contractor specifically acknowledges to be bound by this cancellation policy. 10.9 BACKGROUND CHECK Respondents may be required to pass multiple background checks (e.g., Sheriff’s Office, County Attorney's Office, Courts, as well as Maricopa County general government) to determine if the respondent is acceptable to do business with the County. This applies to, but is not limited to, the company, subcontractors, and employees, and the failure to pass these checks shall deem the respondent non-responsible. 10.10 SUSPENSION OF WORK The procurement officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the procurement officer determines appropriate for the convenience of the County. No adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor. No request for adjustment under this clause shall be granted unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract. 10.11 STOP WORK ORDER 10.11.1 The procurement officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 calendar days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 calendar days after a stop work order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the procurement officer shall either: SERIAL 220229-RFP 10.11.1.1 cancel the stop work order; or 10.11.1.2 terminate the work covered by the order as provided in the Termination for Default or the Termination for Convenience clause of this contract. 10.11.1.3 The procurement officer may make an equitable adjustment in the delivery schedule and/or contract price, and the contract shall be modified, in writing, accordingly, if the Contractor demonstrates that the stop work order resulted in an increase in costs to the Contractor 10.12 TERMINATION FOR CONVENIENCE Maricopa County may terminate the resultant contract for convenience by providing 60 calendar days advance notice to the Contractor. 10.13 TERMINATION FOR DEFAULT 10.13.1 The County may, by written Notice of Default to the Contractor, terminate this contract in whole or in part if the Contractor fails to: 10.31.1.1 deliver the supplies or to perform the services within the time specified in this contract or any extension; 10.31.1.2 make progress, so as to endanger performance of this contract; or 10.31.1.3 perform any of the other provisions of this contract. 10.13.2 The County’s right to terminate this contract under these subparagraphs may be exercised if the Contractor does not cure such failure within 10 business days (or more if authorized in writing by the County) after receipt of a Notice to Cure from the procurement officer specifying the failure. 10.14 PERFORMANCE It shall be the Contractor’s responsibility to meet the proposed performance requirements. Maricopa County reserves the right to obtain services on the open market in the event the Contractor fails to perform, and any price differential will be charged against the Contractor. 10.15 CONTRACTOR EMPLOYEE MANAGEMENT 10.15.1 Contractor shall endeavor to maintain the personnel proposed in their proposal throughout the performance of this contract. 10.15.2 If Contractor personnel’s employment status changes, Contractor shall provide County a list of proposed replacements with equivalent or greater experience. 10.15.3 Under no circumstances shall the implementation schedule to be impacted by a personnel change on the part of the Contractor. 10.15.4 Contractor shall not reassign any key personnel identified in their proposal without the express consent of the County. 10.15.5 County reserves the right to immediately remove from its premises any Contractor personnel it determines to be a risk to County operations. 10.15.6 County reserves the right to request the replacement of any Contractor personnel at any time, for any reason. SERIAL 220229-RFP 10.16 WARRANTY OF SERVICES 10.16.1 The Contractor warrants that all services provided hereunder will conform to the requirements of the contract, including all descriptions, specifications, and attachments made a part of this contract. County’s acceptance of services or goods provided by the Contractor shall not relieve the Contractor from its obligations under this warranty. 10.16.2 In addition to its other remedies, County may, at the Contractor's expense, require prompt correction of any services failing to meet the Contractor's warranty herein. Services corrected by the Contractor shall be subject to all the provisions of this contract in the manner and to the same extent as services originally furnished hereunder. 10.17 INSPECTION OF SERVICES 10.17.1 The Contractor shall provide and maintain an inspection system acceptable to County covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to County during contract performance and for as long afterwards as the contract requires. 10.17.2 County has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. County shall perform inspections and tests in a manner that will not unduly delay the work. 10.17.3 If any of the services do not conform to contract requirements, County may require the Contractor to perform the services again in conformity with contract requirements, at no cost to the County. When the defects in services cannot be corrected by re-performance, County may: 10.17.3.1 require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and 10.17.3.2 reduce the contract price to reflect the reduced value of the services performed. 10.17.4 If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, County may: 10.17.4.1 by contract or otherwise, perform the services and charge to the Contractor, through direct billing or through payment reduction, any cost incurred by County that is directly related to the performance of such service; or 10.17.4.2 terminate the contract for default. 10.18 USAGE REPORT The Contractor shall furnish the County a usage report, upon request, delineating the acquisition activity governed by the contract. The format of the report shall be approved by the County and shall disclose the quantity and dollar value of each contract item by individual unit of measure. SERIAL 220229-RFP 10.19 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST Notice is given that, pursuant to A.R.S. § 38-511, the County may cancel any contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the County is at any time, while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or consultant to any other party of the contract with respect to the subject matter of the contract. Additionally, pursuant to A.R.S. § 38-511, the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the County from any other party to the contract arising as the result of the contract. 10.20 OFFSET FOR DAMAGES In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the contract. 10.21 SUBCONTRACTING 10.21.1 The Contractor may not assign to another Contractor or subcontract to another party for performance of the terms and conditions hereof without the written consent of the County. All correspondence authorizing subcontracting must reference the bid serial number and identify the job or project. 10.21.2 The subcontractor’s rate for the job shall not exceed that of the prime Contractor’s rate, as bid in the pricing section, unless the prime Contractor is willing to absorb any higher rates. The subcontractor’s invoice shall be invoiced directly to the prime Contractor, who in turn shall pass-through the costs to the County, without mark-up. A copy of the subcontractor’s invoice must accompany the prime Contractor’s invoice. 10.22 AMENDMENTS All amendments to this contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County. 10.23 ADDITIONS/DELETIONS OF REQUIREMENTS The County reserves the right to add and/or delete materials and services to a contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately to the amount of service reduced in accordance with the bid price. If additional materials or services are required from a contract, prices for such additions will be negotiated between the Contractor and the County. 10.24 RIGHTS IN DATA 10.24.1 The County shall have the use of data and reports resulting from a contract without additional cost or other restriction except as may be established by law or applicable regulation. Each party shall supply to the other party, upon request, any available information that is relevant to a contract and to the performance thereunder. 10.24.2 Data, records, reports, and all other information generated for the County by a third party as the result of a contract are the property of the County and shall be provided in a format designated by the County or shall be and remain accessible to the County into perpetuity. SERIAL 220229-RFP 10.25 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW 10.25.1 In accordance with Section MC1-372 of the Maricopa County Procurement Code, the Contractor agrees to retain (physical or digital copies of) all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this contract for six years after final payment or until after the resolution of any audit questions, which could be more than six years, whichever is longest. The County, Federal or State auditors and any other persons duly authorized by the department shall have full access to and the right to examine, copy, and make use of, any and all said materials. 10.25.2 If the Contractor’s books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Maricopa County for the services not so adequately supported and documented. 10.26 AUDIT DISALLOWANCES If at any time it is determined by the County that a cost for which payment has been made is a disallowed cost, the County shall notify the Contractor in writing of the disallowance. The course of action to address the disallowance shall be at sole discretion of the County, and may include either an adjustment to future invoices, request for credit, request for a check, or a deduction from current invoices submitted by the Contractor equal to the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to Maricopa County. 10.27 STRICT COMPLIANCE Acceptance by County of a performance that is not in strict compliance with the terms of the contract shall not be deemed to be a waiver of strict compliance with respect to all other terms of the contract. 10.28 VALIDITY The invalidity, in whole or in part, of any provision of this contract shall not void or affect the validity of any other provision of the contract. 10.29 SEVERABILITY The removal, in whole or in part, of any provision of this contract shall not void or affect the validity of any other provision of this contract. 10.30 RELATIONSHIPS 10.30.1 In the performance of the services described herein, the Contractor shall act solely as an independent Contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co-employee, partnership, principal and agent, or joint venture between the County and the Contractor. 10.30.2 The County reserves the right of final approval on proposed staff. Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County. SERIAL 220229-RFP 10.31 NON-DISCRIMINATION Contractor agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09, including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-09 supersedes Executive Order 99-4 and amends Executive Order 75-5 and is hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, Contractor shall not discriminate against any employee, client, or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability, or national origin. (Arizona Executive Order 2009-09 can be downloaded from the Arizona Memory Project at http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1.) 10.32 WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01 If vendor engages in for-profit activity and has 10 or more employees, and if this agreement has a value of $100,000 or more, vendor certifies it is not currently engaged in, and agrees for the duration of this agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. 10.33 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 10.33.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the best of his or her knowledge and belief that the Contractor, its current officers, and directors: 10.33.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from being awarded any contract or grant by any United States department or agency or any state, or local jurisdiction; 10.33.1.2 have not within a three-year period preceding this contract: 10.33.1.2.1 been convicted of fraud or any criminal offense in connection with obtaining, attempting to obtain, or as the result of performing a government entity (Federal, State or local) transaction or contract; or 10.33.1.2.2 been convicted of violation of any Federal or State antitrust statutes or conviction for embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property regarding a government entity transaction or contract; 10.33.1.3 are not presently indicted or criminally charged by a government entity (Federal, State or local) with commission of any criminal offenses in connection with obtaining, attempting to obtain, or as the result of performing a government entity public (Federal, State or local) transaction or contract; 10.33.1.4 are not presently facing any civil charges from any governmental entity regarding obtaining, attempting to obtain, or from performing any governmental entity contract or other transaction; and 10.33.1.5 have not within a three-year period preceding this contract had any public transaction (Federal, State or local) terminated for cause or default. SERIAL 220229-RFP 10.33.2 If any of the above circumstances described in the paragraph are applicable to the entity submitting a bid for this requirement, include with your bid an explanation of the matter including any final resolution. 10.33.3 The Contractor shall include, without modification, this clause in all lower tier covered transactions (i.e., transactions with subcontractors or sub- subcontractors) and in all solicitations for lower tier covered transactions related to this contract. If this clause is applicable to a subcontractor or sub- subcontractor, the Contractor shall include the information required by this clause with their bid. 10.34 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS 10.34.1 By entering into the contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using E-Verify) and all other Federal immigration laws and regulations related to the immigration status of its employees and A.R.S. § 23-214(A). The Contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the procurement officer upon request. These warranties shall remain in effect through the term of the contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all employees performing work under the contract and verify employee compliance using the E- Verify system and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. I-9 forms are available for download at www.uscis.gov. 10.34.2 The County retains the legal right to inspect documents of Contractor and subcontractor employees performing work under this contract to verify compliance with paragraph 10.34.1 of this section. Contractor and subcontractor shall be given reasonable notice of the County’s intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Contractor or any of its subcontractors are not in compliance, the County will consider this a material breach of the contract and may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. 10.35 Contractor EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS 10.35.1 The parties agree that this contract and employees working on this contract will be subject to the Contractor employee whistleblower protections established by Title 41 U.S.C. § 4712 and Section 3.908 of the Federal Acquisition Regulation. 10.35.2 Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as described in Section 3.908 of the Federal Acquisition Regulation. Documentation of such employee notification must be kept on file by Contractor and copies provided to County upon request. 10.35.3 Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts over the simplified acquisition threshold ($250,000 as of fiscal year 2018). SERIAL 220229-RFP 10.36 CONTRACTOR LICENSE REQUIREMENT 10.36.1 The Contractor shall procure all permits, insurance, and licenses, and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any requirements, by any and all governmental or non-governmental entities as mandated to maintain compliance with and remain in good standing. The Contractor shall keep fully informed of existing and future trade or industry requirements, and Federal, State, and local laws, ordinances, and regulations which in any manner affect the fulfillment of a contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the department of any and all changes concerning permits, insurance, or licenses. 10.36.2 Contractor furnishing finished products, materials, or articles of merchandise that will require installation or attachment as part of the contract shall possess any licenses required. Contractor is not relieved of its obligation to obtain and possess the required licenses by subcontracting of the labor portion of the contract. Contractors are advised to contact the Arizona Registrar of Contractors, Chief of Licensing, to ascertain licensing requirements for a particular contract. Contractor shall identify which license(s), if any, the Registrar of Contractors requires for performance of the contract. 10.37 INFLUENCE 10.37.1 As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct, may be grounds for disbarment or suspension under MC1-902. 10.37.2 An attempt to influence includes, but is not limited to: 10.37.2.1 A person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type of valuable contribution or subsidy that is offered or given with the intent to influence a decision, obtain a contract, garner favorable treatment, or gain favorable consideration of any kind. 10.37.3 If a person attempts to influence any employee or agent of Maricopa County, the chief procurement officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract. 10.37.4 ABSOLUTELY NO CONTACT BETWEEN THE RESPONDENT AND ANY COUNTY PERSONNEL, OTHER THAN THE OFFICE OF PROCUREMENT SERVICES, IS ALLOWED DURING THE SOLICITATION PROCESS UNLESS THE COMMUNICATION IS IN REGARD TO PRE-EXISTING BUSINESS WITH THE COUNTY. ANY COMMUNICATIONS REGARDING THE SOLICITATION, ITS PARTICIPANTS, OR ANY DOCUMENTATION PRIOR TO THE CONTRACT AWARD MAY BE GROUNDS FOR DISMISSAL OF THE RESPONDENT FROM THE EVALUATION PROCESS. 10.38 CONFIDENTIAL INFORMATION 10.38.1 Any information obtained in the course of performing this contract may include information that is proprietary or confidential to the County. This provision establishes the Contractor’s obligation regarding such information. SERIAL 220229-RFP 10.38.2 The Contractor shall establish and maintain procedures and controls that are adequate to assure that no information contained in its records and/or obtained from the County or from others in carrying out its functions (services) under the contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the contract. The Contractor’s procedures and controls, at a minimum, must be the same procedures and controls it uses to protect its own proprietary or confidential information. If, at any time during the duration of the contract, the County determines that the procedures and controls in place are not adequate, the Contractor shall institute any new and/or additional measures requested by the County within 15 business days of the written request to do so. 10.38.3 Any requests to the Contractor for County proprietary or confidential information shall be referred to the County for review and approval, prior to any dissemination. 10.39 PUBLIC RECORDS Under Arizona law, all offers submitted and opened are public records and must be retained by the County at the Maricopa County Office of Procurement Services. Offers shall be open to public inspection and copying after contract award and execution, except for such offers or sections thereof determined to contain proprietary or confidential information by the Office of Procurement Services. If an offeror believes that information in its offer or any resulting contract should not be released in response to a public record request, under Arizona law, the offeror shall indicate the specific information deemed confidential or proprietary and submit a statement with its offer detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. The records manager of the Office of Procurement Services shall determine whether the identified information is confidential pursuant to the Maricopa County Procurement Code. 10.40 INTEGRATION This contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, understandings, representations, or agreements, whether oral or written, expressed, or implied. 10.41 UNIFORM ADMINISTRATIVE REQUIREMENTS By entering into this contract, the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. 10.42 GOVERNING LAW This contract shall be governed by the laws of the State of Arizona. Venue for any actions or lawsuits involving this contract will be in Maricopa County Superior Court, Phoenix, Arizona. 10.43 FORCED LABOR 10.43.1 By submitting a bid for this solicitation and/or entering into a contract as a result of this solicitation, Contractor agrees to comply with all applicable portions of Arizona Revised Statutes Section 35-394. Contracting; procurement; prohibition; written certification; remedy; termination; exception; definitions et. seq. 10.43.2 Contractor certifies that is does not currently, and agrees for the duration of the contract that it will not, use: SERIAL 220229-RFP 1. the forced labor of ethnic Uyghurs in the People’s Republic of China; 2. any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China and 3. any contractors, subcontractors or suppliers that use the forced labor or any good or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 10.43.3 If Contractor becomes aware during the term of the Agreement that Contractor is not in compliance with this paragraph, the Contractor shall notify the County within five (5) business days after becoming aware of the noncompliance. If the Contractor fails to provide a written certification to the County that the Contractor has remedied the noncompliance within one hundred eighty (180) days after notifying the County of its noncompliance, then the Agreement terminates, except that if the Agreement termination date occurs before the end the one hundred eighty (180) day period, the Agreement terminates on the Agreement termination date. 10.44 PRICES Contractor warrants that prices extended to County under this contract are no higher than those paid by any other customer for these or similar services. 10.45 ORDER OF PRECEDENCE In the event of a conflict in the provisions of this Contract the governing document shall prevail in the order listed in section 10.45. 10.46 INCORPORATION OF DOCUMENTS 10.46.1 The following are to be attached to and made part of this Contract: 10.45.1.1 Exhibit A – Vendor Information 10.45.1.2 Exhibit A-1 – Vendor Pricing 10.45.1.3 Exhibit B – Scope of Work 10.45.1.4 Exhibit C – Contractor Proposal dated May 10, 2022, submitted in response to County RFP (Reference Document) 10.47 NOTICES All notices given pursuant to the terms of this contract shall be addressed to: For County: Maricopa County Office of Procurement Services 160 S. 4th Avenue Phoenix, Arizona 85003-1647 For Contractor: Digital Mapping, Inc. 21062 Brookhurst Street, Suite 101 Huntington Beach, CA 92646 SERIAL 220229-RFP SERIAL 220229-RFP EXHIBIT A VENDOR INFORMATION COMPANY NAME: Digital Mapping, Inc. DOING BUSINESS AS (dba): MAILING ADDRESS: 21062 Brookhurst Street, Suite 101 Huntington Beach, CA, 92646 REMIT TO ADDRESS: 21062 Brookhurst Street, Suite 101 Huntington Beach, CA, 92646 TELEPHONE NUMBER: (714) 968 5459 FAX NUMBER: (714) 968 2429 WWW ADDRESS: www.admap.com REPRESENTATIVE NAME: Liliana Aliyazicioglu REPRESENTATIVE TELEPHONE NUMBER: (714) 968 5459 REPRESENTATIVE EMAIL ADDRESS liliana@admap.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: NET 30 DAYS SERIAL 220229-RFP EXHIBIT A-1 PRICING 1.0 PRICING: NOTE: Do not include sales/use tax in your pricing for services. The percentage of sales/use tax applicable to this Contract will be listed on each purchase order and will be allowed at time of payment. ITEM NUMBER ITEM DESCRIPTION UNIT QTY UNIT PRICE 1 AERIAL PHOTOGRAPHY OPTIONS 1.1 Option One: Color Orthophotography at - 0.80-foot pixel SQ MILE 3391 $49.00 1.2 Option Two: Color Orthophotography at 0.32-foot pixel SQ MILE 3036 $65.00 1.3 Option Three: Color Orthophotography at 0.25-foot pixel SQ MILE 3036 $75.50 2 NEAR INFRARED ORTHO 2.1 0.80-Foot SQ MILE 3391 $5.00 2.2 0.32-Foot SQ MILE 3036 $7.50 2.3 0.25-Foot SQ MILE 3036 $10.00 3 OBLIQUE IMAGERY 3.1 6" GSD with 5 views (4 Oblique Views & 1 vertical for a total of 5 views) SQ MILE 1000 $175.00 3.2 4" GSD with 5 views (4 Oblique Views & 1 vertical for a total of 5 views) SQ MILE 1000 $200.00 3.3 3" GSD with 5 views (4 Oblique Views & 1 vertical for a total of 5 views) SQ MILE 1000 $225.00 4 PLEASE PROVIDE ANY ADDITIONAL SERVICE(S) PRICING AND VOLUME or QUANTITY DISCOUNT PRICING BELOW. DESCRIPTION OF SERVICE UNIT QTY EXTENDED PRICE SERIAL 220229-RFP 4.1 Planimetrics 1"=100' scale (Photogrammetry Method) SQ MILE 1 $1,750.00 4.2 LiDAR and Mapping Contours SQ MILE 750 $175.00 4.3 Change Detection / Building Footprints SQ MILE 750 $65.00 (In addition to item 4.2) 4.4 Street-level Imagery SQ MILE 750 $125.00 4.5 Three-dimensional Models SQ MILE 750 $35.00 4.6 Street-level LiDAR SQ MILE 750 $125.00 4.7 External Data Quality Control SQ MILE 750 $25.00 (*) Additional service(s) pricing is subject to change depending on size of the project and detailed specifications. SERIAL 220229-RFP EXHIBIT B SCOPE OF WORK 1.0 INTENT The County on behalf of its consortium partners has entered into this contract for Aerial Imagery Services. Under the terms of this contract offshore production shall not be allowed. The products provided by the contractor will include digital aerial photography on an annual basis for the Phoenix metropolitan area and County in its entirety over the course of three years and any renewal terms as agreed by the parties. In addition, other services related to imagery may be required and will not be limited to flying, compilation, editing, analytics, digital orthos, semi-rectification, compression, computer services, surveying, black and white or color scanning, LiDAR, Planimetrics, database development and management. All pricing and optional services pricing is included in Exhibit A-1. 2.0 SCOPE OF WORK 2.1 DATA RESTRICTIONS There is no restriction on data distribution. The County can sell or redistribute the data with no restrictions. The contractor can sell or redistribute the data with no restrictions after nine months from the final acceptance date. 2.2 AREA COVERAGE 2.2.1 The forecasted area for aerial imagery will cover between 6,700 and 11,000 square miles. The area shall have a maximum 0.80-foot pixel resolution. The County will request that metro and specific areas to be acquired at 0.25 ft or 0.32 ft tighter pixel resolution depending on availability. The areas will be determined a month before flight based on direction from the County and partnering jurisdictions. 2.2.2 All aerial imagery shall be done only on clear, cloudless days at a time that will minimize excessive glare or shadow. Sun angle should never be lower than 30 degrees. Most aerials should be acquired with a sun angle between 40 and 60 degrees. Any deviations should be authorized in writing by the County. Please provide additional information if your firm proposes different specifications. 2.3 PHOTO DATES 2.3.1 All aerial imagery should be taken each year starting in August or September but finishing no later than November 30th. The County and contractor will determine set flight dates in July of each year or, in the case of the first year, upon contract award. 2.3.2 All aerial images which do not meet the quality specifications shall be returned to the contractor, at which time the contractor shall have 30 days to provide the County with a satisfactory replacement. The County has until one year from delivery to verify the quality or accuracy of the aerial imagery. 2.3.3 If weather conditions prohibit aerial imagery acquisition according to the agreed upon schedule, the contractor shall provide a written extension request to the County. Extensions to the scheduled delivery dates are granted at the County’s sole discretion. 2.4 SCHEDULE FOR DELIVERY AND PENALTIES 2.4.1 Preliminary delivery shall be completed no later than 120 calendar days from the agreed date of the last flight. As tiles are completed, they should be delivered to the County via a high availability production web service or application that is compatible with Esri data/web services and Microsoft Edge. Initial delivery of all SERIAL 220229-RFP imagery via this specification must be complete by January 31st. Final delivery will be completed by May 31st. 2.4.2 Final delivery (i.e., after quality control) will consist of the contractor delivering multiple hard drives to all consortium partners directly. The County will provide information related to the delivery for these participants. For final delivery to the County, the contractor shall deliver one - two hard drives with USB 3.0 capability with all metadata and imagery requested. The delivery media will become property of the County and its consortium partners after completion of the project. 2.4.3 Penalties for missing the schedule for quality-assured tiles will be assessed on the final delivery as follows: 2.4.3.1 Two percent of the task order value penalty on each delivery up to one week late 2.4.3.2 Five percent penalty on each delivery up to two weeks late 2.4.3.3 Seven percent penalty on each delivery up to three weeks late 2.4.3.4 Twenty-five percent penalty on each delivery up to four weeks late or more 2.5 TECHNICAL SPECIFICATIONS The following technical specifications describe the minimum quality the County has accepted for digital orthophotography to date. 2.5.1 MAXIMUM FLIGHT HEIGHT 2.5.1.1 Flight height of 4100-feet resulting on a pixel size of 0.80-foot resolution. 2.5.1.2 Flight height of 5250-feet resulting on a pixel size of 0.32-foot resolution. 2.5.1.3 Flight height of 13100-feet resulting on a pixel size of 0.25-foot resolution. 2.5.2 EQUIPMENT The imagery must be taken with a precision digital based aerial camera equipped with low distortion, high resolution optics capable of collecting both red, green, and blue (RGB) and Near-infrared (NIR). All imagery shall be in color. The sensor must be equipped with forward motion compensation and a gyro stabilized mount. Contractor will provide factory camera calibration report and a recent Camera Geometric Verification Certificate obtained from manufacturer within the last two years 2.6 LABEL & FORMATTING 2.6.1 In July or August, the County will give the contractor the file structure for the imagery tiles on the hard drives for final delivery. 2.6.2 Each tile should be labeled by using the coordinates of the centroid (in State plane NAD83, Arizona Central) of the tile as follows (in international feet): 2.6.2.1 The first three characters of the tile name should correspond to the three digits from the Easting coordinate of the centroid divided by 1000. The rest of the name corresponds to the Northing coordinate of the centroid divided by 1000. SERIAL 220229-RFP 2.6.2.2 Example: Tile 4851030 will have a centroid located at (485000, 1030000). Since each tile is made of 5000 ft x 5000 ft. The coordinates of the lower left corner of this tile will be: (482500,1027500) and the top right corner will be (487500,1032500). 2.7 ORTHORECTIFICATION Digital orthophotography shall be produced using digital terrain models (provided by the County) and control data from the County Geodetic Densification and Cadastral Survey (GDACS) Network. The County does not expect the contractor to provide a comprehensive update of the digital terrain model (DTM); however, the contractor shall make minor enhancements as necessary to prevent unsightly smearing or distortions in the ortho imagery, and the contractor shall provide such updates to the County. In addition, the contractor shall use the County’s street, Lidar, and parcel datasets for orthorectification. The images will be trimmed to cover a 5000 ft by 5000 ft area with no overlap. The data will extend to the edge of the image to allow for clean aerial mosaics. All adjacent tiles and all join areas within tiles should edge match. 2.8 BUILDING LEAN Building lean from tall structures shall not obscure parcel boundaries or transportation corridors. There are about ten tiles that are significantly affected by building lean in downtown Phoenix. The County prefers that the deliverables meet the United States Geological Survey (USGS) requirements for building lean; please indicate if the deliverables will not. The tiles of greatest concern are: 650890, 650895, 650900, 650905, 655890, 655895, and 655905. Additional tiles that exhibit similar characteristics shall be treated the same way. The abovementioned tile locations can be identified using the forecast shape file tables. 2.9 TONE MATCHING Adjacent images will be tone and contrast matched to give the appearance of a continuous page. Localized adjustments of brightness values will be done to reduce tonal differences between join areas. 2.10 DIGITAL DELIVERABLES Images shall be saved and delivered as geo-tiff files with corresponding TFW files for geo- referencing and ready to be displayed on a GIS system that uses Esri ArcMap, ArcPro, and Web solutions. Please note that both geo-tiffs and world files shall be required. In addition to the TIF format, images shall be delivered in MrSid format from LizardTech generation 3. 2.10.1 Contractor shall: 2.10.1.1 Supply Federal Geographic Data Committee (FGDC) standard metadata text files. Each tile shall include the date of collection, flight collection conditions, camera/sensor specifications and accuracy. 2.10.1.2 Deliver flight date polygons based on seam lines and a photo-center point file. 2.10.1.3 Supply a MrSid mosaic of all tiles for each jurisdiction that participates and a countywide MrSid mosaic for the County. 2.10.2 As an option, the contractor shall provide: SERIAL 220229-RFP 2.10.2.1 An Esri cache with PNG files using the Google scale levels. The contractor shall state if they can provide this delivery and pricing as well. 2.10.2.2 A letter signed and sealed by an Arizona Registered land surveyor certifying the accuracy of the images. The current contract horizontal accuracy is +/- 2.5 ft. 2.10.3 Elevated ground features appearing in the orthophoto imagery, such as building roof-tops, water towers, and radio towers, shall not be clipped at seam lines or between individual tiles. If so, this must be approved by the County. 2.11 RESOURCE REQUIREMENTS The contractor shall provide capacity charts indicating current workload for dedicated and reserve aircraft, airborne equipment, hardware, software, storage, and labor hours if requested by the County within five business days. 2.12 EMERGENCY RESPONSE COVERAGE The County may request the contractor to re-fly and deliver imagery immediately for areas affected by an emergency event such as severe weather or terrorism during the predetermined flight dates set by the County and contractor. Include pricing for this service in the proposal. 2.13 QUALITY ASSURANCE/QUALITY CONTROL (QA/QC) The number of tiles with errors should not exceed two percent of the total deliverables. Errors include, but are not limited to: 2.13.1 Misalignment of features 2.13.2 Digital artifacts 2.13.3 Excessive shadow 2.13.4 Radiometric and tonal imbalance 2.13.5 Glare (dry, wet) 2.13.6 Too bright 2.13.7 Too dark 2.13.8 Smearing, warping, or distortion of features 2.13.9 Ghosting or disappearing structures 2.13.10 Collapsed bridges 2.13.11 Voids or missing imagery or data 2.13.12 Artificial colorations SERIAL 220229-RFP EXHIBIT C CONTRACTOR PROPOSAL DATED MAY 10, 2022, SUBMITTED IN RESPONSE TO COUNTY RFP (REFERENCE DOCUMENT) SERIAL 220229-RFP DIGITAL MAPPING INCORPORATED, 21062 BROOKHURST STREET, SUITE 101, HUNTINGTON BEACH, CA 92646 PRICING SHEET: NIGP CODE 90504 Terms: NET 30 DAYS Vendor Number: VS0000007484 Certificates of Insurance Required Contract Period: To cover the period ending August 31, 2025.