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HomeMy WebLinkAboutItem 10d - Participation Agreement for Digital Aerial Imagery and Dataset ElevationCounty of Los Angeles Imagery Acquisition Agreement (“LARIAC6”) June 2, 2020 Page 1 of 3 DATE: June 2, 2020 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director By: Lisa L. Flores, Planning & Community Development Administrator SUBJECT: PARTICIPANT AGREEMENT WITH THE COUNTY OF LOS ANGELES REGION IMAGERY ACQUISTION CONSORTIUM 6 (“LARIAC6”) FOR DIGITAL AERIAL IMAGERY AND DATASET ELEVATION FOR THE CITY'S GEOGRAPHIC INFORMATION SYSTEM IN THE AMOUNT OF $43,654 Recommendation: Approve SUMMARY In 2013, the City implemented its first citywide Geographic Information System (“GIS”), which supports a wide array of land and infrastructure management activities for multiple City Departments. The County of Los Angeles updates its aerial imagery every two to three years, and makes its imagery available to cities and other entities that will share in the cost of producing the imagery. The County apportions the cost for participating cities based on population and geographic area. For the City of Arcadia, the cost is not to exceed $43,654 and would be made over a three-year payment plan. The first payment of $14,522 is included in the Development Services Department and Public Works Services Department operating budget for fiscal year 2019-2020 with the last payment ending in fiscal year 2021-22. It is recommended that the City Council approve the Participant Agreement with the County of Los Angeles Imagery Acquisition Consortium 6 (“LARIAC 6”) in the amount of $43,654 and authorize and direct the City Manager to execute the Agreement – see attachment. BACKGROUND The County of Los Angeles established the LARIAC program in 2005, and is now in their sixth cycle (“LARIAC6”). Aerial imagery is a fundamental component of the City’s Geographic Information System (“GIS”). The imagery is used by almost every department in the City, as the base for providing topographic and aerial maps to the public, for private development projects, and in general decision making and research. County of Los Angeles Imagery Acquisition Agreement (“LARIAC6”) June 2, 2020 Page 2 of 3 The City has participated in the last two programs (2014 and 2017) with the County, and this has enabled the City of Arcadia, as one of many program participants, to receive updated aerial imagery at a substantial savings compared to acquiring a similar product independently of the consortium. To date, 102 cities, County departments, agencies, and educational institutions have benefitted from these cost savings. A complete list of participants are listed on page 7 of the Agreement (refer to the attachment). DISCUSSION The County of Los Angeles updates its aerial imagery every two or three years, and LARIAC6 will continue to provide highly accurate digital aerial imagery and property information for the City’s Geographic Information System (“GIS”). Under this contract, the City will continue to receive highly accurate orthogonal and oblique imagery with color infrared, as well as derived data including building outlines. The data are used as the basis of the City’s land management software, permit tracking and issuance, and Public Works asset management software. It provides detailed property imagery with many data layers of information that are critical to infrastructure planning, asset planning, and public information. For cities, the cost to participate in the LARIAC6 is based upon the city’s population and area (square miles). For Arcadia, the total cost is $43,654 for the acquisition of the imagery. This project was not competitively bid because County of Los Angeles is the only designated coordinating body for collection, sharing, and dissemination of digital imagery to the state, county, and city governments within the County of Los Angeles. Due to the joint/shared funding of this project by the participating entities, a sole source award to LARIAC 6 for the data acquired by their project is considered to be in the best interest of the City, as it is a significant cost savings over any similar effort by the City. FISCAL IMPACT The cost of the updated aerial imagery is not to exceed $43,654 and would be made over a three-year payment plan. Funding for the LARIAC6 of $14,522 was included in the 2019-20 Fiscal Year Budget and split between the Development Services Department and Public Works Services Department operating budgets. The remaining balance would be appropriated in Fiscal Years 2020-21 and 2021-22. RECOMMENDATION It is recommended that the City Council authorize, and direct the City Manager to execute, the Participant Agreement with the County of Los Angeles Region Imagery Acquisition Consortium 6 (“LARIAC6”) for digital aerial imagery and dataset elevation for the City’s Geographic Information System in the amount of $43,654. County of Los Angeles Imagery Acquisition Agreement (“LARIAC6”) June 2, 2020 Page 3 of 3 Attachment: County of Los Angeles Imagery Acquisition Agreement (“LARIAC6”) County of Los Angeles INTERNAL SERVICES DEPARTMENT 9150 Imperial Hwy. Downey, California 90242 SELWYN HOLLINS Interim Director “To enrich lives through effective and caring service” Telephone: (323) 267-2103 FAX: (323) 264-7135 January 21, 2020 Lisa Flores Planning & Community Development Administrator City of Arcadia Dear Lisa Flores, LOS ANGELES REGION IMAGERY ACQUISITION CONSORTIUM (LARIAC6) Established in 2005, the Los Angeles Region Imagery Acquisition Consortium (LARIAC) has delivered highly accurate digital aerial image ry and elevation datasets to participants at substantial cost savings, and has become a national model for collaborative data acquisition. LARIAC participants have included 52 cities, 27 County departments, 16 local, state, and federal agencies, and seven educational institutions. To ensure the currency of the aerial imagery, we are working with consortia members to plan and initiate the next LARIAC cycle – LARIAC6. This document describes LARIAC, highlights its benefits, provides a status update, and discusses the proposed scope, schedule, and cost. Your portion of the cost of LARIAC6 will be $43,654, which is the same cost as LARIAC5. To conserve paper, we will also E-mail a digital copy of this letter and Participant Agreement to current LARIAC participants. These participants are listed on Attachment I. LARIAC BACKGROUND LARIAC is a consortium of the County of Los Angeles, in partnership with cities and agencies, which collaboratively acquires valuable digital aerial data, including imagery and elevation data. Leveraging the combined buying power of the member agencies, LARIAC reduces costs, enabled participants to acquire more data than would be possible individually and provides consistent and comparable data over time. The LARIAC Website (http://egis3.lacounty.gov/dataportal/lariac/) provides comprehensive information about the project, including detailed data descriptions and samples, product guides, documentation, and agreements. LARIAC6 January 21, 2020 Page 2 DIGITAL AERIAL IMAGERY AND ELEVATION BENEFITS Digital aerial imagery and elevation data provide valuable support for decision making within agencies, as well as cost savings for operations. High quality image data enables staff to make virtual site visits that improves and may replace field work, reducing information collection costs. Some examples include:  Public Safety: Fire and Police personnel can plan for and “see” the location of incidents and addresses, improving dispatch, crime analysis, incident response, and officer safety.  Public Works: Reduces the need for field visits, supports traffic and pavement management, storm drain and flood protection, and enhances project planning and infrastructure management.  Planning: Improves code enforcement, site plan review, and understanding impacts of new projects.  Economic Development: Improves outreach to businesses by providing detailed site information for potential developments and surrounding areas.  Disaster Planning and Response: Improves planning and response before, during, and after disasters, providing a foundation for a Common Operating Picture.  Community Outreach: Improves communication with residents by providing a picture of the area of discussion, increasing citizen engagement.  Operational Efficiency: A consistent view of a city or agency supports collaboration, integration, and efficiency to lower operational costs. LARIAC BENEFITS High resolution data provided through LARIAC data offers key benefits when compared to aerial imagery from online providers (“free mapping websites” like Google or Bing), and off-the- shelf vendors. These include:  Enhanced resolution (4-inch rather than 1-foot) shows greater detail and provides more information (you can see manhole covers and road striping);  Unparalleled accuracy (+/- 2-feet accuracy) ensures information captured from the imagery is in the right location, supporting facilities management, planning, and operations;  Breadth of products (orthogonal and oblique imagery, building footprints, an d elevation data) to support of city or agency’s business needs;  Multiple access methods, including desktop, handheld, and mobile, as well as local and remotely hosted solutions to eliminate agency hardware and software costs;  Variety of formats and compressed formats to enable use within existing applications in the field;  Historical data from previous LARIAC image acquisitions to assess change over time; and LARIAC6 January 21, 2020 Page 3  Complete control of LARIAC data products, including availability for use by your contractors. LARIAC participation allows for data use and deployment across your entire agency in all applications, from planning to emergency services to public works. One of the key benefits of LARIAC is cost sharing, which lowers costs as more cities and agencies participate. Cost savings are passed back to participants in the form of additional data products, more frequent image capture and maintaining the price point over time. The more participants join, the lower the cost. To date, 102 cities, County departments, agencies, and educational institutions have benefited from these cost savings. These entities are listed in Attachment I. We invite you to contact these participants to learn more about their use and benefit from the LARIAC. LARIAC6 LARIAC is in its sixth round (LARIAC6) of digital aerial data acquisition, scheduled for winter 2020 with delivery by December 2020. LARIAC6 will update its highly accurate orthogonal and oblique imagery with color infrared, as well as derived data including building outlines. Elevation data, which was acquired in 2016 as part of LARIAC4, will not be updated. Additionally, high resolution (3-inch) normal color imagery acquisitions each spring and fall began in late LARIAC5 (2019) and are planned to continue in LARIAC6. LARIAC6 Product List Orthogonal Imagery  4-band orthogonal imagery (including color infrared) at 4-inch resolution in the urban areas, and 9-inch in the National Forest.  Multiple formats (TIFF, JPEG2000, and compressed ECW).  3-band orthogonal imagery acquired 1-2 times a year (3-inch resolution) for internal use – provided as an image service. Oblique Imagery  3-band color oblique imagery at 4-inch resolution.  Online hosted access for desktop and mobile devices. Building Outlines  Building outlines updated for all buildings over 300 square feet. Additional Data Product(s) as Feasible LARIAC6 January 21, 2020 Page 4 Hosted Solution  EagleView CONNECTExplorer and CONNECT Products (e.g. EagleView for Esri Web AppBuilder, Integrated Pictometry Application).  Image service provided as WMS, W MTS, TMS, and Esri REST GIS Viewer Access  Enhanced access to the LARIAC data, current parcel information, other County GIS data, and mapping and GIS tools through the County’s GIS Viewer. The table below shows the various LARIAC data acquisitions. Data 2006 (L1) 2008 (L2) 2011 (L3) 2014 (L4) 2017 (L5) 2020 (L6) Orthogonal Imagery (4-inch) X (including Infrared) X X X (including 2012 and 2103 1-foot imagery) X (including Infrared imagery and multiple acquisitions per year) X (including Infrared imagery in 2020 and multiple acquisitions per year through 2022) Oblique Imagery X X X X X X Building Outlines X (400 sq ft) X (400 sq ft) X (300 sq ft) X (300 sq ft) Elevation Data X X Derived Data (tree canopy, solar insolation, slop, hillshade, height model, land cover, etc.) X X X LARIAC6 January 21, 2020 Page 5 LARIAC6 COSTS While final costs will be determined upon contract execution, we anticipate that overall LARIAC6 contract costs will be approximately the same as LARIAC5, based upon the addition of multiple acquisitions per year offsetting the elimination of terrain data acquisition. Your portion of the cost of LARIAC6 will be $43,654. To provide funding flexibility, the County can accept payments over two fiscal years to reduce the budget impact of a single, large payment. LARIAC6 PARTICIPATION We look forward to your city’s participation in LARIAC6. If your agency is interested in joining LARIAC6, please complete, sign, and return the attached “Letter of Intent” on your business letterhead. We recognize this Letter of Intent is subject to final approval by your City Council or authorizing Board of Directors. To confirm your city/agency’s commitment to participating in funding LARIAC6, complete and return the attached “Participant Agreement,” authorizing the County to invoice your city/agency for the initial payment. Please return either the signed “Letter of Intent” or “Participant Agreement” to: Attention: Steven Steinberg County of Los Angeles Internal Services Department Mailstop #3 9150 Imperial Highway Downey, CA 90242 If you have any questions, please contact one of us below: LARIAC Project Director LARIAC Project Manager LARIAC Outreach Coordinator Steven Steinberg Christine Lam Nick Franchino (562) 392-7126 (562) 940-3844 (213) 893-0881 SSteinberg@isd.lacounty.gov CLam2@isd.lacounty.gov NFranchino@planning.lacounty.gov Sincerely, Steven J. Steinberg, Ph.D., GISP Geographic Information Officer (GIO) County of Los Angeles LARIAC6 January 21, 2020 Page 6 CC: Ms. Tiffany Lee Attachments (3) LARIAC6 January 21, 2020 Page 7 ATTACHMENT I LARIAC PARTICIPANTS LARIAC1 LARIAC2 LARIAC3 LARIAC4 LARIAC5 Cities City of Agoura Hills X X X City of Arcadia X X City of Azusa X X X X City of Bellflower X City of Beverly Hills X X X X X City of Burbank X X X X X City of Carson X X X X X City of Cerritos X X X City of Claremont X X X X City of Covina X X X City of Culver City X X X X X City of Diamond Bar X X City of Downey X X X X City of Duarte X City of El Monte X City of El Segundo X X X X X City of Gardena X X City of Glendale X X X X X City of Hermosa Beach X X X X X City of Industry X X X X X City of Inglewood X X X X X City of Irwindale X X City of La Canada Flintridge X X X X X City of La Habra Heights X X City of Lakewood X X X X X City of Lancaster X City of Long Beach X X X City of Los Angeles X X X X X City of Malibu X X City of Manhattan Beach X X X X X City of Monrovia X LARIAC6 January 21, 2020 Page 8 City of Monterey Park X X X City of Norwalk X City of Palmdale X City of Palos Verdes Estates X City of Pasadena X X X X X City of Rancho Palos Verdes X X City of Redondo Beach X X X X City of San Dimas X X X City of San Fernando X City of Santa Clarita X X X X X City of Santa Fe Springs X X X City of Santa Monica X X X X X City of Signal Hill X X City of South El Monte X X City of South Pasadena X City of Temple City X City of Torrance X X X X X City of West Covina X City of West Hollywood X X City of Westlake Village X X City of Whittier X X X X X County Departments Agricultural Commission/Weights and Measures X X X X X Animal Care & Control X X X X Arts Commission X Assessor X X X X X Auditor Controller X Beaches & Harbors X X X X X Board of Supervisors Executive Office X Chief Executive Office/Office of Emergency Management X X X X X Child Support Services X Children & Family Services X X X X Consumer Affairs X Coroner X Fire X X X X Health Services X X X X X Internal Services Department X X X X X LARIAC6 January 21, 2020 Page 9 Library X X X X Mental Health X X X X Parks & Recreation X X X X X Probation X X X X Public Health X X X X X Public Social Services X X X X Public Works X X X X X Regional Planning X X X X X Registrar-Recorder/County Clerk X X X X X Sheriff X X X X Treasurer and Tax Collector X Workforce, Development, Aging, and Community Services X X X X Local, State, and Federal Agencies Alameda Corridor Transportation Authority X Amigos de Los Rios X California Department of Transportation X X Catalina Island Conservancy X Los Angeles Air Force Base X X Los Angeles County Metropolitan Transit Authority (MTA) X X Los Angeles County Sanitation District X X X X X Los Angeles Region Gang Information Network (LARGIN) X X Port of Los Angeles X X X X Port of Long Beach X Santa Catalina Island Conservancy X X X X Santa Clarita Valley Water Agency X Southern California Edison (Catalina Island) X US Geological Survey X X X US National Guard X X Water Replenishment District of Southern California X X Educational Institutions Palos Verdes on the NET X California State Polytechnical University, Pomona X X California State University Long Beach X X X X X California State University Los Angeles X X LARIAC6 January 21, 2020 Page 10 Rio Hondo Community College X University of Southern California X X X University of California at Los Angeles X X X X LARIAC6 January 21, 2020 Page 11 ATTACHMENT II SAMPLE LETTER OF INTENT LARIAC6 January 21, 2020 Page 12 <Current Date> Steven Steinberg County of Los Angeles Internal Services Department Mailstop #3 9150 Imperial Highway Downey, CA 90242 Dear Dr. Steinberg: It is our intent to participate in the 20 20 Los Angeles Region Imagery Acquisition Consortium (LARIAC6). LARIAC6 will acquire 4-inch color orthogonal in urban areas (9-inch in National Forests), 4-inch oblique aerial photography, building representations (outlines), and updated imagery 1-2 times per year. We understand the cost will be $43,654. Recognizing that our final commitment is contingent upon approval by our organization. It is understood this approval must be obtained prior to confirming our participation in this project. If you have questions, please contact <Name and Title of Primary Contact> at <Telephone, Fax and E-mail Address>. Sincerely, _________________________ __________________________ Signature Print Name ___________________________ ____________________________ Title Date Page | 1 ATTACHMENT III PARTICIPANT AGREEMENT BY AND BETWEEN THE COUNTY OF LOS ANGELES AND PARTICIPATING ENTITIES FOR THE LOS ANGELES REGION – IMAGERY ACQUISITION CONSORTIUM 6 ("LARIAC6") PROJECT Page | 2 PARTICIPANT AGREEMENT BY AND BETWEEN THE COUNTY OF LOS ANGELES AND PARTICIPATING ENTITIES FOR THE LOS ANGELES REGION – IMAGERY ACQUISITION CONSORTIUM 6 ("LARIAC6") PROJECT This Participant Agreement (Agreement) is made and entered into by and between the County of Los Angeles (County), a political subdivision of the State of California, and City of Arcadia, a California city, special district, agency, or educational institution. Each individual city, district, educational institution, or agency is referred to herein individually as a “Participating Entity” and collectively as the “Participating Entities”. The County and the Participating Entities are hereinafter referred to collectively as the “Parties” and each individually as a "Party". A. WHEREAS, County has planned to acquire new digital orthogonal and oblique aerial imagery in the winter of 2020 Project; B. WHEREAS, County has become aware that various Participating Entities have similar projects currently underway or plans to undertake similar projects in the near future; C. WHEREAS, in order to avoid the duplication of efforts and costs by the Parties, the Parties desire to pool their resources to collectively undertake the Project; and D. WHEREAS, the Parties intend to participate in the Project upon the terms and conditions set forth herein below. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the Parties agree as follows: 1. Purpose The purpose of this Agreement is to provide a vehicle for the collective participation in the Project by the Parties. The Project shall focus on the acquisition of certain aerial imagery digital data which may include, but are not limited to, products listed in Attachment A ("Digital Data"). It is the intent of the Parties that Digital Data shall be acquired under this Agreement for areas within the County of Los Angeles cove red by the jurisdictions of the Parties. Page | 3 2. Responsibilities of the County A. Identify and provide specifications for Digital Data (or their derivatives) to the contractors hired to complete the Project. B. Develop all necessary procurement documents for necessary services to be provided by one or more qualified contractors in connection with the acquisition and administration of the Digital Data. C. Select the most qualified contractor or contractors to provide the necessary services in connection with the acquisition and administration of the Digital Data and thereafter, manage the entire acquisition and administration of the Project. D. With the assistance of one or more selected contractors, provide Quality Control (QC) for all Digital Data delivered under this Agreement. E. Arrange for the delivery of the Digital Data (or portions thereof) to the Participating Entity upon Project completion. F. Provide monthly reports to the Participating Entities on the status of the Project. 3. The Participating Entity Has the Right to A. Participate in identifying and providing technical specifications for the Digital Data (or their derivatives). B. Provide currently available geodetic points (with necessary standards and accuracy) for County's QC process. D. Acquire additional digital aerial products from the contractors through this Agreement, provided that a Statement of W ork is provided. County assumes no liability for the completion of these products. 4. Mutual Responsibilities; Maximum Contribution The Parties shall be mutually responsible for the following: A. Financing the acquisition and administration of the Digital Data including, but not limited to, costs related to QC and the subsequent distribution thereof. The total cost of such acquisition and administration (Total Cost) shall be allocated among the Parties and the Participating Entities. The portion of the Total Cost allocated to a Party hereunder shall be hereinafter referred to as the Party’s "Maximum Contribution." Each Participating Entity will transfer its Maximum Contribution to a LARIAC account which has been established by the County for this Project (LARIAC Account) and as further described in Paragraph 5 of this Agreement. Page | 4 The Maximum Contribution of the Participating Entity shall be $43,654. B. In the event the Project is terminated for any reason before the execution of any contract with a contractor for the provision of goods and/or services in connection with the Project, each Participating Entity shall be refunded its Maximum Contribution (or such portion of the Maximum Contribution as shall have been paid to the County by such Participating Entity) in its entirety. 5. Payment of Maximum Contribution; Administration of LARIAC Account A. A Participating Entity shall have the following options in paying its Maximum Contribution to the County hereunder: i. The Participating Entity may elect to pay its Maximum Contribution to County in its entirety upon execution of this Agreement . ii. The Participating Entity will elect to pay its Maximum Contribution to County as follows: (a) $14,551.33 in Fiscal Year 2019-2020; (b) $14,551.33 in Fiscal Year 2020-2021; and (c) $14,551.33 in Fiscal Year 2021-2022. B. The LARIAC Account established by the County in connection with the Project, shall be subject to the following: i. All funds held in the LARIAC Account shall be used solely for the payment of contractors selected by County to provide goods and services in connection with the Project. ii. Any funds held in the LARIAC Account not expended upon the completion of the Project or the termination of this Agreement shall be held, administered, and returned to Parties based on their prorated contribution to the total costs of the Project. 6. General Terms and Conditions A. This Agreement shall take effect upon execution and shall remain in effect through final delivery of all Digital Data and through the duration of the license - use term. B. The term of this Agreement may be extended by an Amendment to this Agreement. C. It is the intention of the Parties that the Participating Entity shall receive, with the delivery of the Digital Data, an unlimited irrevocable perpetual, royalty- free license. The license may be used to, modify, edit, reuse, reproduce, translate, create derivatives, compile, other works based upon the Digital Data, and combine the data with other contents selected by the Participating Entity in Page | 5 its own operation, with an unlimited number of seats; including, but not limited to Internet and intranet applications, copying, and printing. D. The Participating Entity shall have the right to transfer, sublicense, and distribute any form of media either now known or here inafter desired the Digital Data to its subcontractors or consultants on projects which are outsourced from its own operations. In this connection, the Participating Entity shall require each subcontractor or consultant to whom the Digital Data is transferred to execute a written acknowledgement and agreement to abide by such Participating Entity’s license to use the Digital Data. Such acknowledgement and agreement is provided in Attachment B (Los Angeles Regional Imagery Acquisition Consortium (LAR-IAC) 6 Authorized User Confidentiality and Non-Disclosure Agreement). E. Notwithstanding any provision of this Agreement to the contrary, a Participating Entity shall not have the right to sell, resell, or otherwise transfer its license to use the Digital Data to any other person or entity. F. This Agreement may be amended or modified by County only after collaboration and consultation with the Participating Entities. G. Nothing in this Agreement shall be construed to give any person or entity, other than the Parties hereto, any legal or equitable right, remedy, or claim under or in respect to this Agreement or any provision herein contained. This Agreement and the provisions hereof are intended to be and are for the sole and exclusive benefit of the Parties. H. No Party may terminate its participation under this Agreement after the execution of contract(s) for the acquisition of the Digital Data without the prior written consent of County. I. Any other California city, special district, agency, or educational institution may become a Participating Entity under this Agreement if: (i) Such entity executes this Agreement, and (ii) Such entity makes its Maximum Contribution to County as provided for under this Agreement. Any such contribution shall be deposited into the LARIAC Account and administered in accordance with sub- paragraph 5.B of this Agreement. J. This Agreement may be executed in counterparts and the signed counterparts shall constitute a single instrument. The signatories to this Agreement represent that they have the authority to bind their respective party to this Agreement. Page | 6 IN WITNESS WHEREOF, the parties have executed this Participant Agreement for the Los Angeles Region – Imagery Acquisition Consortium 6 Program on the date indicated below. PARTICIPANT ENTITY COUNTY OF LOS ANGELES City of Arcadia INTERNAL SERVICES DEPARTMENT By: __________________________________ By: ______________________________ Date: _________________________________ Date: _____________________________ Page | 7 ATTACHMENT A DIGITAL DATA All data will be acquired in 2020 unless otherwise noted. Orthogonal Imagery  4-band orthogonal imagery (including color infrared) at 4-inch resolution in the urban areas, and 9-inch in the National Forest (Map 1).  Multiple formats (TIFF, JPEG2000, and compressed ECW).  3-band orthogonal imagery acquired 1-2 times a year (3-inch resolution) for internal use – provided as an image service. Oblique Imagery  3-band color oblique imagery at 4-inch resolution (Map 2).  Online hosted access for desktop and mobile devices. Building Outlines  Building outlines updated for all buildings over 300 square feet. Page | 8 ATTACHMENT B LOS ANGELES REGIONAL IMAGERY ACQUISITION CONSORTIUM (LAR-IAC) 4, LAR-IAC5, LAR-IAC6 AUTHORIZED USER CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT (NDA) 1. Pictometry International Corp., a Delaware company with offices at 25 Methodist Hill Drive, Rochester, NY 14623 (“Pictometry”), and the County of Los Angeles (“County”) have entered into that certain agreement dated December 3, 2013 as amended from time to time (“Agreement”) for delivery of licensed digital mapping data and software (“Licensed Products”) to the County. Under the Agreement, certain governmenta l entities (“Authorized Entities”), including County Departments and non-County Authorized Participants, which participate in the LAR-IAC may be granted copies of or otherwise provided access to the Licensed Products through a Participant Agreement. 2. Pursuant to Paragraph 11.2 (Authorized Users) of the Agreement, Licensed Products may only be accessed or otherwise used by an Authorized User, which includes any contractor or consultant of an Authorized Entity using the Licensed Products either at the facilities of such Authorized Entity or for any Project (as defined below) of such Authorized Entity. 3. The undersigned is an Authorized User of an Authorized Entity under the Agreement and desires to use the Licensed Products solely for internal, noncommercial use and for purposes no greater than reasonably needed to achieve the objectives of an actual project undertaken in connection with the relationship with the Authorized Entity (“Project”). 4. The undersigned Authorized User understands and agrees that the Licensed Products contain proprietary, trade secret and/or confidential information (“Confidential Information”) of Pictometry. Therefore, by signing this Authorized User Confidentiality and Non-Disclosure Agreement (“NDA”), the Authorized User agrees to use the Licensed Products solely for the Project, which is a nonexclusive, nontransferable and non -assignable right, from the effective date of this NDA until the expiration or termination of the Project for which the undersigned Authorized User was engaged by the particular Authorized Entity. 5. Pictometry and the County acknowledge that the Agreement and certain information and documentation (collectively, "Records") may be subject to public record requests (e.g., California Public Record Act Request or Freedom of Information Act Request) or other compelled legal disclosure requests (e.g., a subpoena or warrant) (collectively, "Compelled Disclosure Requests"). Should the Authorized Entity reasonably believe that Records, in whole or in part, are subject to production via a valid, properly submitted Compelled Disclosure Request, the Authorized Entity will promptly notify County and Pictometry of such request providing five (5) days advance notice prior to producing any of the requested Records. Pictometry explicitly reserves the right to object to any such production and to pursue any and all remedies it has in both law and in equity to prevent the release of such Records. The Authorized User and the Authorized Entity, at Pictometry’s expense, shall reasonably cooperate with Pictometry in connection with the foregoing. 6. The undersigned Authorized User agrees to protect and maintain any Confidential Information the Authorized User is given access to under this NDA using at least the same protections and to the same extent the Authorized Entity uses to protect and maintain its own confidential information of a similar nature. 7. To the extent any Confidential Information that is not in the public domain is revealed through the operation or other use of the Licensed Products, the Authorized User agrees that it will not make use of, disseminate or in any way disclose such Confidential Information without the County’s prior written consent, which County may first need to obtain from Pictometry. Page | 9 IN WITNESS WHEREOF, the undersigned Authorized User, by his/her authorized signature, agrees to all terms and conditions of this NDA as of the date set forth below. AUTHORIZED USER: Signature: Address: Name: Organization: City/Zip: Date: Phone: AUTHORIZED BY: Signature: Name: Title: Date: Authorized Entity: County’s Project Director: Note: Submit completed form and a copy of the contract between the Authorized Entity and the Authorized User that details the “Project” to Dr. Steven Steinberg, LARIAC Project Director, at SSteinberg@isd.lacounty.gov and Cc’ Christine Lam, LARIAC Project Manager, at CLam2@isd.lacounty.gov for review and approval. Page | 10 Map 1: Areas for Orthogonal Imagery Products Page | 11 Map 2: Areas for Oblique Imagery Products