HomeMy WebLinkAboutADDENDUM TO PICTOMETRY LICENSE AGREEMENTADDENDUM
TO
PICTOMETRY LICENSE AGREEMENT
ADDENDUM TO LICENSE AGREEMENT BETWEEN Pictometry International Corp (Pictometry) and Augusta- Richmond County, GA (Licensee),
dated the 26th day of March, 2010.
Augusta- Richmond County, GA wishes to add an additional flight and deliverables to their existing 3 year Renewal dated March 26, 2010.
Full payment of the First Year Total on the above mentioned renewal has been paid in full ($ 84,614.67). Therefore, the balance of the
Existing License Fee $ 155,433.34, is to be paid through the Revised Schedule A below. The below Revised Schedule A shall reflect
remaining balance due in payment breakdown.
REVISED SCHEDULE "A"
3 -Year
1. The following products shall be delivered to Augusta- Richmond County( "Licensee ") by Pictometry International Corp.:
A. Licensed Images procured with a 16 megapixel camera (as listed below and also portrayed on the attached Schedule D — Sectorized
Map):
1) PREMIER Two Way Community Package (C3) covering 317 sectors of the Licensee as indicated on the attached map. Premier
Community Images are nominal 12" GSD.
Each sector will have approximately:
a. 8 Ortho- rectified images and your choice for the following (please check if mosaic is desired)
_one 1 -meter standard mosaic sector tile for each ortho sector
XX one 1 -meter standard area -wide mosaic(s) (area -wide mosaic in ECW format — MRSID available for an additional charge —
see section B below)
b. 4 Oblique images and 4 additional Oblique images taken from the opposite direction.
PREMIER Community Images (C3) to be taken when there is less than 30% leaf cover.
PREMIER COMMUNITY Image Price $ 45.00 per sector @ 317 Sectors = $14,265.00 over 3 -years
$ 4,755.00 per year one
$ 4,755.00 per year two
$ 4,755.00 per year three
2) ELITE Four Way Neighborhood Images (N5) covering 317 sectors of the Licensee as indicated on the attached map. Premier
Neighborhood Images are nominal 4" GSD.
Each sector will have approximately:
a. 52 Ortho- rectified images and your choice for the following (please check if mosaic is desired)
_one 1 -meter standard mosaic sector tile for each ortho sector
XX one 1 -meter standard area -wide mosaic(s) (area -wide mosaic in ECW format — MRSID available for an additional charge —
see section B below)
b. 104 Oblique images from four perpendicular directions
ELITE Neighborhood Images will be taken when there is less than 30% leaf cover.
ELITE NEIGHBORHOOD Image Price $ 400.00 per sector @ 317 sectors = $126,800.00 over 3 -years
$ 42,266.67 per year one
$ 42,266.66 per year two
$ 42,266.67 per year three
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3) PAR Library for Self Hosting Licensees: The Licensee imagery shall also be delivered in PAR format for use in Licensee's
Self Hosting environment
Yes, deliver the PAR imagery as provided for in my annual maintenance fees for Self Hosting (delivery media shall
be listed in the Storage Media section shown below). It is understood that the delivery of PAR imagery is a
separate shipment and will occur after the Image Warehouse has been shipped.
B. Pictometry images (individual frames) are delivered in Pictometry .PSI and .PMI format (JPG combined with a meta -data trailer). For each
sector that includes ortho imagery (Community or Neighborhood), Pictometry includes a 1 m ortho sector mosaic tile created from the
individual ortho frames in JPG with a world file and separate trailer, minimal overlap, projected in State Plane, NAD 83, feet unless the
projection is stated otherwise (other projection desired: Georgia State Plane EAST, NAD 83). These 1 m Ortho Sector Tiles are primarily
for use in EFS.
C. Ancillary Products:
1) Modules to allow EFS to interface with E -911 systems (note: this fee allows the interface but does not cover the actual
integration. E911 service provider will handle the integration and may charge additional dollars for this service)
ONE (1) Seat Licenses in one (1) PSAP @ $1000 /seat minus 25% discount = $ 750.00
(Cap of $5,000 for unlimited seats in one PSAP or a cap of $15,000 for unlimited seats in all PSAPs)
2) Image Library Compression: A copy of Image Library which has been compressed. Library Compression is priced at $2500 for 1-
50,000 images, $2500 for each additional 50,000 images or part thereof. Pictometry shall contact Licensee for compression size and
means of delivery.
ONE (1) Library Compression(s) @ $ 5,000.00
3) Images are to be delivered with an image size of approximately 3 -5 MB.
D. US Census Bureau TIGER line files of County or abase map supplied by Licensee.
E. DEMS (Digital Elevation Models) — check one
XX DEMs in LIDAR format (provided by Licensee).
Licensee DEMs must be provided to Pictometry within 30 days of signing this agreement, or a reprocessing fee may
be charged.
2. Documentation: Pictometry International Corp. shall furnish 1 digital copy of the Licensed Documentation for the Licensed Software.
3. Training: Pictometry International Corp. shall conduct two (2) End User orientation sessions, of up to 25 people per training session, for
employees of the Licensee, or Authorized Subdivisions thereof, at the Licensee's site and using Licensee computers. In addition there will be
one (1) Advanced User technical training for one group of up to 10 people using Licensee computers. Pictometry also provides one
Administration / IT training session designed to provide the administrators of the Pictometry image library with the knowledge they will need to
manage and distribute access to the Pictometry solution. This session is done remotely using online tools such as GotoMeeting.
Optional Advanced Training Program Pictometry Advanced Training (FutureView) is designed to provide the participants with abetter
working knowledge of existing and new technologies as well as introducing partner integrations. This 3 -day annual training program is invaluable for
Assessment, GIS, Public Safety, Environmental, Public Works and all other levels of government. Each Advanced Training Package includes
registration, hotel room for three nights and round -trip airfare up to $500.00. Licensee will be supplied with a discount code (via email) to be used
when registering for the FutureView Training. This code will indicate that the Training Package was pre -paid in this License Agreement. Training
Packages must be redeemed during the term of this agreement. (Air Travel Restrictions: 30 Day advance purchase for airfare -- continental US
flights only - - per person round trip airfare at standard coach class rates for the registrant's individual travel only, transportation booking must be
made through Pictometry's travel provider.)
ONE (1) All-inclusive Training Package(s) in year one (2011) of this Agreement = $ 2,165 included in Existing Annual License Fee
ONE (1) All-inclusive Training Package(s) in year two (2012) of this Agreement = $ 2,165 included in Existing Annual License Fee
4. Telephone Support: Pictometry shall provide ten (10) hours of telephone support to people who have completed the Advanced User Technical
Training and who are individually identified by Licensee.
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5. Licensed Software: Pictometry International Corp. shall supply one copy of the Pictometry Electronic Field Study (EFS) software, latest version,
on the Storage Media supplied as specified herein. Licensed Software: Pictometry International Corp. shall supply one copy of the Pictometry
Electronic Field Study (EFS) software, latest version, on the Storage Media supplied as specified herein. Licensee and Authorized Users may
download updated versions of the Licensed Software free of charge for a period of two years from the initial date of shipping of the EFS
software, along with a copy of the updated documentation.
6. Annual License Fee of FORTY SEVEN THOUSAND TWENTY ONE DOLLARS AND SIXTY SEVEN CENTS ($ 47,021.67)
• This is the Annual License Fee for the Licensed Images, Licensed Software, Licensed Documentation and support.
• The initial duration of the License is THREE (3) years at the above Annual License Fee.
• At the end of this THREE (3) year term, Licensee is granted a Perpetual License for all Licensed Images and Licensed Software
at no additional cost.
• At the end of this License Term, Support and Upgrades for Licensed Software shall be continued by:
• Entering into a new license for new images, or
• Paying an annual Support and Maintenance Fee of 5% of the Annual License Fee shown above.
• Pictometry Economic Alliance Partnership (EAP) — Licensee shall be eligible for the Pictometry Economic Alliance
Partnership as outlined on Schedule B. The EAP Program described on the attached Schedule B shall stay in effect for a three
(3) year term. EAP coverage beyond that three year term shall be based on the then prevailing EAP Program.
• The annual cost of the Images is fixed for a period of one (1) year from the date of this License Agreement to provide
consistency in pricing should the Licensee wish to amend the Schedule A to purchase annual imagery (an additional set of
images on the one year anniversary of this License).
7. Storage Media. Delivery media will be a ONE (1)1TB storage purchased from Pictometry at a cost of $ 335.00.
Licensee will make available on Licensee Server enough disk storage space to accommodate the Licensed Products. This is estimated to be
GB in a NTFS file system (size may vary in other file systems). Licensee will also provide a 100 Mb /s network link to the server. On
delivery, the Licensed Images and Licensed Software may be copied to the Licensee server via the network connection. (note: Image Library
deliveries on Licensee - supplied Delivery media shall be charged a $100 copy fee)
8. Total Cost: The Total Cost of this License Agreement is Three Hundred Two Thousand Five hundred Eighty Three Dollars and 33/100 Cents
($ 302,583.33) broken down as follows:
First Year - Image Capture
Existing Annual License Fee (2010 Flight) $ 77,716.67
Annual License Fee (2011 Flight) $ 47,021.67
E911 INTEGRATION Fee (ONE seat) $ 750.00
Library Compression $ 5,000.00
ONE TB Delivery Media $ 335.00
First Year Total $130,823.34
Second Year
Existing Annual License Fee (2010 Flight) $ 77,716.67
Annual License Fee (2011 Flight) $ 47,021.66
Second Year Total $124,738.33
Third Year
Annual License Fee (2011 Flight) $ 47,021.66
Third Year Total $ 47,021.66
9. Taxes: All License Fees or other prices listed in this Agreement are exclusive of Federal, State and Local taxes. Licensee will be responsible
for any taxes due under this License Agreement, including sales tax, unless a tax exempt certificate is submitted to Pictometry.
10, Payment: The Licensee shall remit to Pictometry International, Corp. twenty -five percent (25 %) of the First Year Total Fee upon signing this
Agreement and the balance of the First Year Total Fee within 30 days of shipment of all Licensed Software and Images, as specified in this
Schedule A. All shipping efforts by Pictometry International Corp. shall be coordinated with the Licensee. Payment of the Second Year Total
Fee shall be due on the one -year anniversary of this shipping date. It is understood that the payment schedule is for the convenience of the
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Licensee. All monies are considered earned upon shipment of the Image Library. Fees past due for 30 days shall be charged a late fee of
1.5% per month.
Payment Breakdown:
YEAR ONE:
25% of 2011 Flight Down payment due at signing = $13,378.67
Amount Due on Image Library Shipment 2011 Flight = $ 39,728.00
Amount due on two -year anniversary of 2010 flight Shipment = $ 77,716.67
YEAR TWO
Amount Due on one year anniversary Image Library Shipment 2011 Flight = $ 47,021.66
Amount due on three -year anniversary of 2010 flight Shipment = $ 77,716.67
YEAR THREE
Amount Due on two year anniversary Image Library Shipment 2011 Flight = $ 47,021.66
11. Delivery Schedule: The image capture process and the delivery date may be affected by weather conditions or aircraft availability. Licensee will
accept delivery within thirty (30) days of notification by Pictometry.
12. Recommended Minimum System Requirements for Electronic Field Study. A Pentium III with a 450 MHz processor, 256MB memory minimum
512MB+ recommended, Windows 2000 /XP, a video card with 4 MB memory capable of 1024 x 768 resolution, , display color of 24bit or higher,
100MB NIC and 50MB free disk space for software.
13. Training and Support Services: Additional training and support services are available to Licensee at the then prevailing prices.
SCHEDULE C1
Mosaic Tile
Pictometry Standard Ortho Mosaic Products
Pictometry ortho mosaic products are the result of high definition, full color aerial images and automated mosaicking processes that
incorporate digital elevation data to create large -area mosaicked ortho images from the individual Pictometry ortho frames. Pictometry
ortho images are captured along with the oblique imagery to create libraries of images that are unequalled in cost - effectiveness, high detail
and ease of use.
Pictometry builds in quality control, programmatic error correction, and data integrity checks into the planning, capture, and processing of
the images. There are a few artifacts of the Pictometry ortho mosaic process that may still be evident with the automated mosaicking
process. This is a summary of the types of artifacts that may be evident in a small portion of the Pictometry ortho mosaic tiles. Examples
of mosaic tiles and the artifacts described below are on the following pages.
Disconnects in Non - Elevated Surfaces
These disconnects are generally caused by inaccurate elevation data
Disconnects in Elevated Surfaces (Roadways, Bridges, etc.)
Elevated roads, bridges, etc. that are not represented in the elevation data may result in disconnects along mosaic seam lines
Building Intersect and Clipping
Similar to elevated roads and bridges, buildings that are not represented in the elevation data may result in disconnects along the structure
Seasonal Cutlines
Visible cutlines may exist between images taken at different times in a season, or between seasons
Ground Illumination Cutlines
Variations in illumination (sunny, high overcast, morning /afternoon, etc.) between flight days may result in visible cutlines
Color Variations - Single GSD
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Illumination differences and multiple-aircraft/camera capture result in varying color temperature which can appear as visible cutlines in a
mosaic
Color Variations - Mixed GSD
When a customer chooses portions of their area to be flown at different ground sample distances (GSDs), there will frequently be a
noticeable difference (cutline) along the seams between the two resolutions
Color Variations - Water
When multiple individual frames are used to create a mosaic across a body of water (lakes, ponds, rivers, etc.), there will likely be
noticeable cutlines in the water
Regions Geographically Misplaced
From time to time, the geopositional data is corrupt or improperly processed and will mis- position the images and result in a defective
mosaic. These are inspected for and corrected in Processing
Lack of 1 Edges of Coverage
Along the edges of an area being captured (the border of a county, for example), there may be mosaic tiles created with partial coverage.
The missing areas along the edge are filled with black. Where coverage in one GSD does not exist but other GSD imagery is available, the
second GSD imagery will be used to fill the gap
Processing Errors
Software bugs and improperly applied geopositional data is inspected for and corrected before products are delivered to customers
(In the event any provision of this Addendum conflicts in whole or in part with the terms of the License Agreement, the provisions of this Addendum
shall control.)
The undersigned approves and accepts this addendum and acknowledges this addendum, and any attachments, to be a part of the License
Agreement. All other terms and conditions to remain the same.
PICT TRNATIONAL, Corp. Licensee: Augusta- Richmond County, GA
By: B : � V
Name: Linda K. Salpini l
Title: Senior V.P., Finance
Title:
Address: 100 Town Centre Drive, Suite A Addre:
Date:
Rochester, NY 14623 ATTE
Date:
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Richmond -GA
Community Sectors: 317 Neighborhood Sectors: 317
(c) Copyright 2004, Pictometry International