Okaloosa County BOCC — December 4, 2012 — Pictometry Agreement — reading text

AGREEMENT BETWEEN PICTOMETRY INTERNATIONAL CORP. AND OKALOOSA COUNTY, FL DESCRIPTION OF PRODUCTS (the “Products”): Section A: Licensed Products Section B: Produet Terms, Conditions, and Specifications TERM OF AGREEMENT (the “Term”): Term of Agreement commences on the date of Shipment of the aforementioned Licensed Products and shall continue for the term defined on Section A to this Agreement. FEES AND PAYMENT TERMS (the “License Fees”): All fees referred to in this License Agreement and in any of its Sections are 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 exclusive of the license and other fees to be paid by Licensee to Pictometry and which duties, taxes and fees will be paid by Licensee without reducing any amount owed to Pictometry unless documentation of tax exemption is provided to Pictometry prior to billing. Any amount payable by Licensee that is-not paid within 30 days after its invoice date will accrue interest at the rate of 1.5% per month-or at the maximum lesser rate allowed by law. In addition to any applicable interest, Licensee will pay Pictometry all costs it incurs.to collect any amount due under this License Agreement, including but not limited to, attorneys’ fees and court costs. -ENSEE NOT] DRE ICTOMETRY.NOTIC : Suite 402 100 Town Centre Drive, Suite A 1804 Lewis Turner Blvd., Fort Walton Beach, FL 32547 Rochester, NY 14623 Attn: Dan Sambenedetto, GIS Manager Attu: Director, Contract Administration Phone: (850) 651-7570 Fax: Phone: (585)-486-0093. Fax: (585).486-0098 AGREEMENT: This Agreement, which includes this cover sheet and. the Sections hereto (collectively, this “Agreement”), constitutes. the entire agreement between Pictometry and Licensee with respect fo the aforementioned Products and supersedes all prior representations, agreements or arrangements, whether oral or written, relating to the subject matter hereof. Any modifications of this Agreement must be in writing and signed by a duly authorized officer of each party. Any purchase order or similar document that Licensee may issue in connection with this Agreement will be for ordering purposes only and that any terms and conditions on such purchase order will be of no force or effect. In consideration of and subject to the payment by Licensee of the License Fees, Pictometry agrees to provide Licensee with access to and use of the Preducts, subject to the terms and conditions set forth on Section B and the Licensee’s current License Agreement to this Agreement. Licensee hereby agrees to pay the License Feés in accordance with the stated payment terms and accepts and agrees to abide by the General License Agreement. This Agreement shall not become effective until signed by both duly authorized officers of Licensee-and Pictometry. PARTIES: PICTOMETRY INTERNATIONAL CORP. {entity type) a Delaware Corporation. SIGNATURE: o NAME: NAMETEiMbA K. SalPiay TITLE: TITLE: Senio® VP Finance, DATE: DATE: o1- 69-13 ” ORIGINAL CONTRACT (HARD COPY) MUST BE RECEIVED BY PICTOMETRY WITHIN 10 DAYS FROM DATE OF SIGNING. Page | of 11 Okaloosa County, FL - C119552 20130109 CMT-00004-201210 18 SECTION A Pictometry International Corp. 100 Town Centre Drive, Suite A Rochester, NY 14623 LICENSED PRODUCTS IRDER: Cri9559- EBIEL-TO- eSHIP-TO: Okaloosa County, FL Okaloosa County, FL Dan Sambenedetto Dan Sambenedetto Suite 402 Suite 402 1804 Lewis Turner Blvd., 1804 Lewis Turner Bivd., Fort Walton Beach, FL 32547 Fort Walton Beach, FL 32547 (850) 651-7570 (850) 651-7570 dsambenedetto@co.okaloosa.fl.us USTOMER: A116552 AccuPLUS 9in - Product includes: 9-inch GSD AccuPlus ortho mosaic tiles $150.00 $85,650.00 CUSTOMER DTM - Per (GeoTIFF format), 9-inch GSD oblique frame images (4- for - way), 9-inch-GSD orthogonal frame images,.9-inch GSD Sector - Custom Area atca-wide ortho. mosaic (ECW format), 1-meter GSD ortho - mosaic sector tiles and one area-wide. |-meter GSD mosaic (ECW format).Orthogonal-GSD: 0.75 feet/pixcl; Nominal Oblique GSD (all values +5/-10%): Front Line; 0.74 feet/pixel, Middle Linc: 0.85 feet/pixel, Back Line: 1.00 feet/pixel. Ortho-mosaic accuracy: 2.65 f. RMSE (X or ¥); 6.5. ft NSSDA 95%; mects-or exceeds NMAS & ASPRS Class. | at 1"=200'. Pricing discounted to reflect use of customer-provided. DTM to'support ortho-rectification (Subject to. Pictometry testing-and validation). Refer to attached terms and conditions, _ L AccuPlus Imagery Bundle Includes digital copy of the Licensed Documentation for the $0.00 $0.00. with Three (3) Years of EFS License Software, two (2) End User Training Sessions, one Maintenance & Support (2) Advanced User Technical Training, one (1) Administration / IT Training Scssion, fifteen (15) hours-of telephone support, onc copy of Pietometry Electronic Field Study (EFS) software, latest version, on the storage media specified herein, and access.to download updated versions of the EFS Licensed Software for a period-of three years from the initial date of shipment of the EFS software, along with a copy of the-updated. documentation. ; | AccuPLUS Project Fee - AccuPLUS project fee for projects with customer-supplied $2,500.00 $2,500.00 CUSTOMER LIDAR DTM a 2 Change Analysis Seat License } Perpetual Seat License-of Change Analysis. $750,00 $0.00 $0:00' | f Product Grant ] E-9:11 Interface - Unlimited Perpetual License. Product enables.system interface but $15,000.00 $0:00 $0:00 Seats:in all PSAPS does not cover the actual integration. Licensee must engage third party to provide this integration. Product-Grant i] EAP PROGRAM Refer to-detailed description of EAP Program in attached $0.00 $0.00 Agreement. 2 Media Drive Capacity 931G- | External USB 2.0 /eSATA Externally-Powered. Delivery $199.00 $398.00 Drive Model IT - media prices include.copying.a.complete image library onto EXTPOWER media, Sub-warchousing sold separately. 1 State License Fee State license fee. $0.00 $0.00 1 Survey Report - AccuPlus Available with corresponding AccuPlus purchasc. Product $2,500.00 $0.00 $0.00 Imagery Project - Compiled Includes: Report signed/sealed-by appropriately credentialed To Accuracy Statement personnel, Report details production statistics including Product Grant GPS/INS post processing, .AT results, and includes an NSSDA compliant."Compiled To" accuracy statement. Thank you for choosing Pictometry as your service provider. LTOTAL | $88,548.00 | Page 2 of 11 Okaloosa County, FL~ C119552 20130109 CMT-00004-20121018 PAYMENT TERMS Due at Delivery of Imagery Total Payments Page.3 of 11 $88,548.00 $88,548.00 Okaloosa County, FL— €119552 20130110 CMT-00004-2012 1018 seamen te af em SECTION B PRODUCT TERMS, CONDITIONS, AND SPECIFICATIONS The following are the terms, conditions, and specifications related to the products offered. under the attached License Agreement. Okaloosa County FL is an Authorized User of the Eglin Air Force Base Imagery. {n addition to the area shown on the attached sector map, Pictometry shall deliver to the Okaloosa County imagery of Eglin AFB that is within Okaloosa County borders. The delivery shall include obliques, orthos,. and ortho tiles in MrSID format in both State Plane NAD 1983 and HARN with meta data that meets FL DOR requirements. MODIFICATIONS TO LICENSE AGREEMENT Where conflicts. may exist between the following language. and the Standard Terms and Conditions of Section B and/or the License Agreement, this portion of Section B shall supercede and take precedence. FL DOR: AccuPlus, 9 inch GSD resolution, shall be certified to meet. FL. DOR specifications; Licensee shall have the right to provide a copy of the ortho tiles (MrSID and TIFF format)-on the second hard drive, in accordance with FL DOR requirements. The MrSID and TIFF format delivery to Licensee, for redelivery to the FL DOR, shall include all of Okaloosa County: FL: that portion contracted by Okaloosa County and that portion contracted by Eglin Air Force Base, SURVEYOR ACCURACY REPORT: A copy of a Surveyor Report containing all required accuracy statements and certifications. prepared by a Florida Licensed Surveyor shall be delivered to the Licensee. AUTHORIZED USERS: Licensee designates Eglin AFB as.an Authorized User under this License Agreement, By signing, Licensee acknowledges and agrees that each Authorized User shall abide by the same terms and conditions under this License Agreement, PRODUCT PARAMETERS ACCUPLUS IMAGERY Product: AccuPLUS 9in - CUSTOMER DTM - Per Sector - Custom Area Ortho Tile Projection: State Plane, NAD83— HARN for FL DOR Ortho Tile Format: TIFF Units: Feet Elevation Source: Customer Provided — LiDAR Coverage Area Format: Shapefile Leaf: Less than 30% leaf cover (Off) Special Instructions: STANDARD TERMS AND CONDITIONS EAP Economic Alliance Partnership (EAP): Licensee shall be eligible for the EAP program for the Term of Contract as defined on Section A to this Agreement, For multi-library contracts.(more than onc image capture on Section A), EAP terms and-conditions shown below will apply fora petiod of two years from the date of execution of the Agreement. Any remaining image library captures will be covered by the then prevailing EAP terms, as defined by Pictometry Intemational Com. A. Imagery — with Pictometry’s EAP program the Liecnsee may retain its imagery, as the EFS Software and Image License becomes perpetual atthe end of the term ofthe License Agreement. B. Disaster Coverage at'No Additional Charge— Pictometry will image up to 200-square.miles of affected:areas (as determined by Pictometry) of the.events described below at no additional charge to the license fee: . Hurricane: affected areas of Category II hurricancs and above. Coverage for hurricanes bclow. this category or for areas exceeding 200 square miles will be available to active licensecs at EAP rates, dependent upon resource availability. * Tornado: imagery of areas impacted by Tornados with ratings.of EF4.and above, Coverage for tornados below EF4 or for areas exceeding 200 square miles wilf be available to active licenses at EAP rates, dependent upon resource availability. Page 4 of Li Okaloosa County, FL—C119552 20130109 EMT-00004-20121018 reer e e fe eee ee ve ce ie . wo ev eamnuse ye cee ee _ cores cece one : « Terrorist: damage due to terrorist attack for up to 200 square miles. Coverage beyond 200 square miles will be available to active Jicensces at EAP rates, dependent upon resource availability. . Earthquake: affected areas with damage to critical infrastructure resulting from an Earthquake at or exceeding 6.0-on the Richter magnitude scale, Coverage for Earthquakes below 6.0 or for aréas-exceeding 200 square miles will be available to active licensees. at EAP rates, dependenit upon resource availability. . Tsunami: affccted areas with damage-to critical infrastructure resulting from a Tsunami. Coverage for areas exceeding 200 square miles. will. be available to active licensces.at EAP rates, dependent upon.resource availability; C, Software— Use of Pictemetry Change Analysis™ or Web Deployment of Disaster Imagery — Pictometry’s Rapid Response Program includes the use of Change Analysis software for ninety days from the date of delivery of any EAP imagery. The Change Analysis software simultaneously compares pre and post disaster images to aid recovery and restoration efforts. Pictometry Web Deployment of disaster imagery may also be available at no charge for ninety days. ACCUPLUS AccuPlus Premium Ortho-Mosaic and 4-Way Obliques Customer must provide coverage area definition in clectronic format (i.e., shape files, KML, DXF, ete.). Inquire about other formats. TECHNICAL. SPECIFICATIONS: AccuPlus Premium Ortho-Mosaic Product Overview: Seamless ortho-mosaic-produced from individual frames and tiled to customer’s preferred tiling scheme. Available at-3-inch, 4-inch,