Loading...
HomeMy WebLinkAbout2021-072AMENDMENT TO AGREEMENT DATED OCTOBER 24, 2019 BETWEEN PICTOMETRY INTERNATIONAL CORP. ("PICTOMETRY") AND INDIAN RIVER COUNTY, FL ("CUSTOMER") This Amendment, including all Sections and Appendices referenced herein (collectively, this "Arllendtnent") is entered into by and between Pictometry and Customer and supplements and modifies the terns of the Agreement dated October 24. 2019 as, to the extent applicable, previously modified by addenda or amendments thereto (collectively, the "Agreement'). Any purchase order or similar document issued by Customer in connection with this Amendment is issued solely for Customer's internal administrative proposes and the terms and conditions set forth on such purchase order shall be of no force or effect as between the parties. To the extent that there is any inconsistency between the terns set forth in this Amendment and talose set forth in the Agreement,'the terns set forth ni this Amendment shall prevail. Section A: Product Descriptions, Prices and Payment Terns Map(s) 2. MODIFICATIONS TO AGREEMENT: 1. The products set forth in Section A of this Amendment shall be added to the Second Project of the Agreement. 2. All other terns and conditions set forth in the Agreement snail remain in Rill force and effect. 3. All notices wider this Agreement shall be in writing and sltall be sent to the following respective addresses: USTONIERNOTICE:ADDRESS. :1800 27th Street Vero Beach, FL 32960 _ Attn: William Rice. GIS Manager Phone: 772-226-1609 PICTOXIETRY NOTICE ADDRESS: . 25 Methodist Hitt Drive Rochester. New York 14623 Attn: General Counsel Phone: (585) 486-0093 Fax: (585) 486-0098 Eitherparty may change theirrespective notice address -by giving written notice of such change to the otherparty at the otherparty's then -current notice address. Notices shall be given by any of the following methods: personal delivery: reputable express courier providing written receipt: orpostage-paid certified or registered United States mail, return receipt requested. Notice shall be deemed given when actually received or when delivery is refined. This Amendment sltall become effective upon execution by duly authorized officers of Customer and Pictometry and receipt by Pictometry of such fully executed document. PARTIES: CUSTOMER' PICTOMETRY 0DIAN RIVER COUNTY, FL •' Jt'. 4, "•PICTOXIETRY EiTERINATIONAL CORP. v ( 1 ''.., `Velaware comoration Sl N 'RE: s:IG:NATLRE: pFlescher NAME:NAME- Chairman %� ' Brian Brockmann ; TITLE: •'•" TITLE: .May 4 2021 Corporate Vice President DATE: EXECUTION DATE: 5/6/2021 DATE OF RECEIPT EFFECTIVE DATE): Page 1 of 2 P..PPIP.0 <1ED nom'- ro v—ppim .J L. GAL S Lj FFIC;!.:IN tO Y COUNTY A-1 1 OHNEY Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller -Deputy Clerk Indian River County, FL — C23611318 2021-04-01 C•OOAI-20200904.6 SECTION A MUMMY International Corp. 25 Methodist Hill Drive Rochester. New York 14623 ILL TO Indian River County, FL William Rice. GIS Mmger 1800 27th Street Vero Beach. FL 32960 772-226-1609 L"cerrbircitov.com is - Standard Compressed � GSD; MrSM format) Sector You for choosing Pictometry as your PRODUCT DESCRIPTIONS, PRICES AND PAYMENT TERMS SHIPTO Indian River County. FL William Rice. GIS Manager 1800 27th Street Vero Beach. FL 32960 772.226-1609 writ vcom rag or mirrocessing to mfsrD of individual tiles GSD iwagery. Tilesare provided "as is." Refer t Parameters foradditional details. able Terms ad Conditions; Delivered Content and Conditions of Use W Deaf Off. Less than 30% leaf cover Amount per product = ((1-Disco110t OA) • Qty * List Price) ORDER# 023611318 $ 0.00I S 0.00 (100%) STA. DARD ORTHO MOSAIC PRODUCTS Pictamebyst mdard 01*0 mosaic products ate produced through automated mosai fames to create �llP�esses that incorporate digital elevation data with individual Pictometry ottho huge,area mosaics on an extremely cost-effective basis. Because these products am through processes, rather than more expensive manual review and hand -touched corrective processes, there may be inherent artifacts in some of there produced While Pictometry works to minimize such artifacts, the Pictometry standard ortho mosaic pmduck are provided on an'AS IS' basis with respect to visible cullines along mosaic seams resulting from the following types ofad&ck_ i. Disconnects in non -elevated surfaces generally caused by inaccurate elevation data; ii. Disconnects in elevated surfaces (e.g., roadways, bridges, etc.) generally caused by elevated surfaces not being represented in the elevation data; iii. Building intersect and clipping generally caused by buildings not being represented in the elevation data; iv Seasonal variations caused by images taken at Mesent times dmin a sea son, of ng v. Ground illumination variations caused by images taken under illuminatioa�(e g., �yy,, high overcast. morning light, afternoon light, etc.) within one Night day ming different flight days; vi. Single GSD color variations caused by illuminationdiffetences or multiple-aircrefVeamerncaptures; vii. Mixed GSD color variations caused by adjacent areas bei flown at different viii. Water body color variations caused by multiple iodivid �l fames being used tocreatea sampleund is across a body of water e. lakes, �Y (g. Ponds, rivers, etc.). Other Pictometry products may be available that are less prone to such artifacts than the Pictometry standard ottho mosaic products. FEES; PAYMENT TERMS All amounts due to Pictometry pursuant to this Agreement (•'Fees") are expressed in United States dollars and do not include any duties, taxes (including, without limitation, any sales, use, ad valorem or withholding, value added or other taxes) or handling fees, all of which are in addition to theamounts show above and, to the extentapplicable to purchases by Customer, shall be paid by Customer to pictometrywithout reducing any amount owed to Pictometry unless documents satisfactory to Pictometry evidencing exemption from such taxes is provided to Picti r prior to billing. n We extent any amounts property invoiced pursuant to this Agreement are not paid within thirty (30) days following the invoice due date; such unpaid amounts shall accrue, and Customer shall pay, interest at the rate of 1.5% per month (or at the maximum rate allowed by)aw, if less): In addition. Customer shall pay Pictometry all costs Pictometry incurs in collecting past due fees and coamounts due under this Attreement including, but not limited % atromeys' court costs. Total Payments — This Amendment Page 2 of 2 Indian River County, FL — C23611318 2021.04-01 so.00 C-MA1-20200904.6