HomeMy WebLinkAbout2022-007AMENDMENT 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 "Amendment") is entered into by and
between Pictometry and Customer and supplements and modifies the terms 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
purposes and the terms and conditions set forth on sxch purchase order shall be of no force or effect as between the parties. To the
extent that there is any inconsistency between the terms set forth in this Amendment and those set forth in the Agreement, the terms
set forth in this Amendment shall prevail.
Section A: Product Descriptions, Prices and Payment Terms
2. MODIFICATIONS TO AGREEMENT:
a. The products set forth in Section A of this Amendment shall be added to the Third Project of the Agreement.
b. All other terms and conditions set forth in the Agreement shall remain in full force and effect.
3. All notices under this Agreement shall be in writing and shall be sent to the following respective addresses:
CUSTOMER NOTICE ADDRESS
1800 27th Street
Vero Beach FL 32960
Attn: Michael Staudt, GIS Manager
Phone: 772 226-1609
PICTOMETRY NOTICE ADDRESS
25 Methodist Hill Drive
Rochester, New York 14623
Attn: General Counsel
Phone: 585 486-0093 Fax: 585 486-0098
Either party may change their respective notice address by giving written notice of such change to the other party at the other party's
then -current notice address. Notices shall be given by any of the following methods: personal delivery; reputable express cour_er
providing written receipt; or postage -paid certified cr registered United States mail, return receipt requested. Notice shall be deemed
given when actually received or when delivery is refused.
This Amendment shall become effective upon execution by duly authorized officers of Customer and Pictometry and receipt by
Pictometry of such fully executed document.
D A DTiTe.
1 Al\ a 1aJv.
CUSTOMER .•""`+ Y CO ``
PICTOMETRY
INDIAN RIVER COUNTY, FLr'' �. '' SS `•.
PICTOMETRY INTERNATIONAL CORP.
a Delaware corporation
SIGURE: p
:sn
SIGNATURE:
_
' .2 -. N a'
NAME: '
NAME:
ix
Peter D. O'Bryan . �0UNV,F --'*
TITLE: ••`
TITLE:
Chairman
DATE:
EXECUTION DATE:
January 22. , 2022
DATE OF RECEIPT (EFFECTIVE DATE):
Page 1 of 2
P"41 ` 1',E D AB TO
Attest: Jeffrey R. Smith, Clerk of
Circuit Court and Comptroller
Br•
Deputy Clerk
Indian Ri+er Counw., FL— C27682358 2021-12-09
C-OOA 1-20200904.6
SECTION A
Pictometry Intemational Corp.
25 Methodist Hill Drive
Rochester, New York 14623
ILL TO
Indian River County, FL
Will Rice, GIS Manager
1800 27th Street
Vero Beach, FL 32960
772 226-1971
wrice@,ircpa.org
PRODUCT DESCRIPTIONS, PRICES AND PAYMENT TERMS
HIP TO
Indian River County, FL
Michael Staudt, GIS Manager
1800 27th Street
Vero Beach FL 32960
772 226-1609
mstaudt irc ov.com
CUSTOMER ID SALES REP
I A116541 CDeca
ORDER #
C27682358
'Amount per product = ((1 -Discount %) " Qty " Ltst race)
STANDARD ORTHO MOSAIC PRODUCTS
Pictometry standard ortho mosaic products are produced through automated mosaicking processes that incorporate digital elevation data with individual Pictometry ortho
frames to create large -area mosaics on an extremely cost-effective basis. Because these products are produced through automated processes, rather than more expensive
manual review and hand -touched corrective processes, there may be inherent artifacts in some of the resulting mosaics. While Pictometry works to minimize such
artifacts, the Pictometry standard ortho mosaic products are provided on an'AS IS' basis with respect to visible cutlines along mosaic seams resulting from the following
types of artifacts:
i. Disconnects in non -elevated surfaces generally caused by inacctiate 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 net being represented in the elevation data;
iv. Seasonal variations caused by images taken at different times during a season, or during different seasons;
V. Ground illumination variations caused by images taken under different illumination (e.g., sunny, high overcast, morning light, afternoon light, etc.) within one flight
day or during different flight days;
vi. Single GSD color variations caused by illumination differences or multiple-aircraft/camera captures;
vii. Mixed GSD color variations_ caused by adjacent_areas being flown at different ground sample distances (GSDs); and
viii. Water body color variations caused by multiple individual frames being used to create a mosaic across a body of water (e.g., lakes, ponds, rivers, etc.).
Other Pictometry products may be available that are less prone to suck artifacts than the Pictometry standard ortho 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
the amounts shown above and, to the extent applicable to purchases by Customer, shall be paid by Customer to Pictometry without reducing any amount
owed to Pictometry unless documents satisfactory to Pictomery evidencing exemption from such taxes is provided to Pictometry prior to billing. To
the extent any amounts properly invoiced pursuant to this Agreement are not paid within thirty (30) days following the invoice due date, such unpaid
amounts shall accrue, and Customer shall pay, interest at the rate of 1.5% per month (or at the maximum rate allowed by law, if less). In addition,
Customer shall pay Pictometry all costs Pictometry incurs in collecting past due amounts due under this Agreement including, but not limited to,
attorneys' fees and court costs.
Total Payments — This Amendment
Page 2 of 2
Indian Rivwr County, FL — C27682359 2021-12-09
$0.00
C-OOA 1-20200904.6
QTY
PRODUCT NAME
PRODUCT DESCRIPTION
LIST PRICE
DISCOUNT
AMOUNT'
PRICE
355
Tiles - Standard Compressed
Available with purclmse of corresponding tile product. New
$ 4.00
$ 0.00
$ 0.00
(3in GSD' MrSID format)
processing or re -processing to MrSID of individual tiles o
(100%)
Per Sector
3 -inch GSD imagery. Tiles are provided "as is." Refer to
Product Parameters for additional details.
Applicable Terms and Conditions: Delivered Content
Terms and Conditions of Use
Product Parameters:
Leaf
Leaf Off: Less then 30% leaf cover
SUBTOTALJ
$G.00
Thank you for choosing Pictometry as your service provider.
TOTAL
$ 0.00
'Amount per product = ((1 -Discount %) " Qty " Ltst race)
STANDARD ORTHO MOSAIC PRODUCTS
Pictometry standard ortho mosaic products are produced through automated mosaicking processes that incorporate digital elevation data with individual Pictometry ortho
frames to create large -area mosaics on an extremely cost-effective basis. Because these products are produced through automated processes, rather than more expensive
manual review and hand -touched corrective processes, there may be inherent artifacts in some of the resulting mosaics. While Pictometry works to minimize such
artifacts, the Pictometry standard ortho mosaic products are provided on an'AS IS' basis with respect to visible cutlines along mosaic seams resulting from the following
types of artifacts:
i. Disconnects in non -elevated surfaces generally caused by inacctiate 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 net being represented in the elevation data;
iv. Seasonal variations caused by images taken at different times during a season, or during different seasons;
V. Ground illumination variations caused by images taken under different illumination (e.g., sunny, high overcast, morning light, afternoon light, etc.) within one flight
day or during different flight days;
vi. Single GSD color variations caused by illumination differences or multiple-aircraft/camera captures;
vii. Mixed GSD color variations_ caused by adjacent_areas being flown at different ground sample distances (GSDs); and
viii. Water body color variations caused by multiple individual frames being used to create a mosaic across a body of water (e.g., lakes, ponds, rivers, etc.).
Other Pictometry products may be available that are less prone to suck artifacts than the Pictometry standard ortho 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
the amounts shown above and, to the extent applicable to purchases by Customer, shall be paid by Customer to Pictometry without reducing any amount
owed to Pictometry unless documents satisfactory to Pictomery evidencing exemption from such taxes is provided to Pictometry prior to billing. To
the extent any amounts properly invoiced pursuant to this Agreement are not paid within thirty (30) days following the invoice due date, such unpaid
amounts shall accrue, and Customer shall pay, interest at the rate of 1.5% per month (or at the maximum rate allowed by law, if less). In addition,
Customer shall pay Pictometry all costs Pictometry incurs in collecting past due amounts due under this Agreement including, but not limited to,
attorneys' fees and court costs.
Total Payments — This Amendment
Page 2 of 2
Indian Rivwr County, FL — C27682359 2021-12-09
$0.00
C-OOA 1-20200904.6
MAP(S)
Page 8 of 9
'1/7�,�,, ;fit '" a ,r , s"
5mm, �, �
1 4 0.75 1.5 3 4.5 0 \\, 7.5
Indian Rive- County, FL — C12535204 2020-10-01
Indian River County, FL
Essentials+ Property - 355 Sq. Miles
DD -0013-20160520