Loading...
HomeMy WebLinkAbout6127AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Enterprise Agreement with ESRI, Inc. for Small Municipal and County Government 5E Study Session Date: January 23, 2019 COUNCIL MEETING Date: February 6. 2019 Department: Presenter: Phone: Finance/IT Kevin Matthew 360) 473-5473 SUMMARY: Due to the very successful implementation of spatially enable application deployment and to our every increasing reliance on GIS technology in our business processes, we have grown to the point where our current level of ArcGIS server licensing is no longer appropriate. Additionally, our use of ArcGIS licensed desktop products is increasing as well. The City has built a considerable spatial data infrastructure based on ESRI products. It would be exceedingly disruptive and costly to move away from ESRI products at this time. Accordingly, this agreement was produced by direct negotiation pursuant to BMC 2.76.090. The Esri Small Municipal and County Government Enterprise Agreement (EA) is a three-year agreement that will grant the City access to Esri® term license software on an unlimited basis including maintenance on all software offered through the EA for the term of the agreement. This will replace the existing perpetual based licensing with annual support/upgrade payments. ATTACHMENTS: 1) Esri quotation # 20540144 2) Esri Small Enterprise Agreement for County and Municipal Government 3) Sole source justification FISCAL IMPACTS (Include Budgeted Amount): The total anticipated cost of this project is 70,500.00 plus tax over 3 years. The first year payment in the amount of $12,000.00 plus tax is included in the Information Technology 2019 budget. The second and third year payments of 23,500 and $35,000 plus tax respectively, will be budgeted in subsequent years. STUDY SESSION AGENDA: Nx Limited Presentation Full Presentation STUDY SESSION ACTION: O Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to accept the Esri quote # 20540144 and execute the Enterprise Agreement for County and Municipal Governments with ESRI, Inc. in the amount of $70,500.00 plus tax; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION:] Approve Deny Table Continue No Action Form Updated 01/02/2018 Environmental Systems Research Institute, Inc. 38ONew York S& Redlands, CA 92373-8100 Phone8U9-7B3'2O53 Fau:SU8-307-3U48 DUNS Number: UG'313-4i75 CAGE Code: 8A/NS3 Toexpedite your order, please attach acopy of this quotation toyour purchase order. Quote isvalid from: YY/DQ/20Y8To: U2/07l20f0 Date: November cj, 2018 Customer #1264U1 Contnaot# City of Bremerton Information Services 3450hStSte 1OU Bremerton, VVAB833748S1 ATTENT|M To|orSonyeuu PHONE: (360)473-5476 FAX, (360)473'6308 Material Qty Description Unit Price Total License Agreement Year 1 110038 1 Populations of25.QO1hu5O.00OSmall Government Term Enterprise 23.500,00 23.50000 License Agreement Year 2 110036 1 Populations cf2S.OD1hoS0.00OSmall Government Term Enterprise 35.00000 36.00000 License At Year 3 Subtotal: 70.500.00 Sales Tax, 8.345.00 Estimated Shipping &Herd/mg(2Day Delivery) : 0.00 Contract Pricing Adjust- OM Total: $76.845OU Esri may charge ofee to cover expenses related many ��orner requirement muse aoroprietaryvendor mane jement.yrocurement or invoice program. |Fo,questions contact: *eomarGiocx The items on this quotation are subject to and governed by the terms of this ouotation, the most current product specific scope of use document found at hftps:ilassets.esri,coni/content/dam/esrisitesimedia/legallproduct-specific-terms-of-use/e3OO,pdf. and youf applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esn's standard terms and conditions found at https.//assets,esri,comicontent/dam/esrisites/media/legai/ma-fuillma-fulf.pdf apply to your purchase of that item. Federal government entities and government prime contractors authorized under FAR 51,1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terrTis/state-supplemental apply to some state and locat government purchases, All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's offerincs. Acceptance of this quotation is limited to the terms of this quotation Esri objects to and expressly rejects any different or additional terms contained ir, any purchase order, offer, or confirmation sent to or to be sent by buyer, Unless prohibited by law, the quotation information is confidential and may no,,, be copied or released other than for the express purpose of system selection and purchaseflicense, The information may not be given to outside part�es or used for any other purpose without consent from Earl. Delivery is FOB Origin. If sending remittance, please address to: Esri, P.O. Box 741076, Los Angeles, CA 90074-1076 8LOCmH This offer islimited tuthe terms and conditions incorporated and attached herein. Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: 909-793-2853 Fax: 909-307-3049 DUNS Number: 06-313-4175 CAGE Code: 0AMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 1110912018 To: 0210712019 Quotation # 20540144 Date: November 9. 2018 Customer # 126401 Contract # City of Bremerton Information Services 345 6th St Ste 100 Bremerton, WA98337-1891 ATTENTION: Talor Gonyeau PHONE: (360) 473-5476 FAX (360) 473-5398 If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax Esri the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional information is required to complete your request It your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order. In order to expedite processing, please reference the quotation number and anylall applicable Esri contract riumber(s) (e.g. MPA, ELA, SmartBuy, GSA, BPA) on your ordering document. BY SIGNING BELOW, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION, AND YOU ARE AUTHORIZING ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF $_, PLUS SALES TAXES IF APPLICABLE. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING PAPERWORK. Please check one of the following: I agree to pay any applicable sales tax. — I am tax exempt, please contact me if exempt information is not currently on file with Esri. ignatur f A thorized Representative Name (Please Print) um. -2— / --T 1 210 1 Date The quotation information is proprietary and may not be copied or released other than for the express purpose e system sirector, and purChaseA.Cense. This information may not Do given to outside parties or used for any other purpose without censer! from Environmental Systems Research Institute, Inc (Esn). Any isstmated sales andier use tax fat'Ificled on this quote has been calculated as of the date of this quotation and s merely provided as a conver, ence for your organization s budgetary purposes. Esri reserves the h9ht to adjust and collect sales and/or use tax at the actual dale ofmvoionq It your ofgaruat*n is a;, exempt or pays state tax dire Jy then prior to invoicing your organization must provide Esri with a copy of a current tax exemption certificate issued by your state's taxing autri for the given junsdiction Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. questions contact: Heather Glock Email; halocka—esri.com Phone: 909-793-2853 x8948 The items an this quotation are subject to and governed by the terms of this quotation. the most current prod act specific scope of use document found at https://assets.esri.romlcontent/dam/esrisites/mediallegal/product-specific-terms-of-use/e3OO.pdf, and you, applicable signed agreement with Esn. If no such agreement covers any item quoted. then Esd's standard terms and conditions found at https://assets,esri.coi-n/contenUdarri/esrisites/media/legailma-fult/ma-full.pdf apply to your purchase of that item Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Supplemental terms and conditions found at https://vAm.esri.com/en-usilegal/terms/state-supplernental apply to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's offerings, Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained it any Purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may no° be copied or released other than for the express purpose of system selection and purchase/license The information may not oe given to outside parties or used for any other purpose without consent from Esri Delivery is FOB Origin. If sending remittance, please address to: Esri, P.O. Box 741076, Los Angeles, CA 90074-1076 GLOCKH This offer is limited to the terms and conditions incorporated and attached herein. Esri Use Only: Cust. Name Cum# PO# __ Esri SMALL ENTERPRISE A{]REEMENT COUNTY AND 110UN\CAPAUTYGOVERNKHENT ThisAgnaaman{iobyondbatw*aonNeorganizabonidenbfiedinthaOuotakion(1Cuetmnmer)andEnvirmnmenia| Systems Research Institute, Inc. ("Esri"). This Agreement sets forth the terms for Customer's use ofProducts and incorporates byreference (i)the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows� (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only tothe Products listed in Table A, Table A List of Products Uncapped Quantities Desktop Software and Extensions (Single Use) AmG|8Desktop Advanced ArcG|GDesktop Standard ArrG|SDesktop Basic ArcG|8Desktop Extensions. 8rcG|S3DAnalyst, AmG|SSpatial Analyst, AmG|88eostatieUoa| Analyst, AmGISPublisher, ArcG\GNetwork Analyst, AmG|8Schematics, AmG|OWorkflow Manager, AncG|SData Reviewer Enterprise Software and Extensions AmQ|SEnterprise and VVorkgnmp (Advanced and Standard) *oG|S Enterprise Extensions: AooS|5 3D Ana|yot, AncG|GSpatial Analyst, ArcG|GGeostaUedca| Analyst, ArcG|GNetwork Analyst, AroG|S Schematics, Am8|SWorkflow Manager Enterprise Optional Servers ArcGIS Image Server Developer Tools ArcG|SEngine Ard]|8Engine Extensions: ArcG|G3OAnalyst, ArdG|8Spatial Analyst, AnoG|SEngine Geodatabane Update, ArcG\SNetwork Analyst, AmG{GSchematics AncG}S Runtime (O d rd AvcGiSRuntime Analysis Extension Limited Quantities One (I ' ) Professional subscription 0uArcG|S Developer' Two (2)EnriCdyEngineAdvanced Single Use Licenses 100 Level 1 Ano8|SOnline Named Uses 1VVLevel 2a,cG|OOnline Named Users 17.5UUArcG|GOnline Service Credits 10OLevel 2AncG|SEntarpr|oeNamed Users 3 Insights for ArcG!S for use with AnrG|G Enterprise OTHER BENEFITS Number of Esri User Conference registrations provided annually 3 Number of Tier 1 Help Desk individuals authorized to call Esri 3 Maximum number of sets of backup media, if requested — Five percent (5%) discount on all individual commercially available instructor-lec training classes at Esri facilities purchased outside this Agreement (Discount does not apply to Small Enterprise Training Package) *Maintenance is not provided for these items —Additional sets of backup media may be purchased for a fee January 26, 2018 Customer may accept this Agreement by signing and returning the whole Agreement with a signed sales quotation, purchase order, orothordocumerdthstmotchestheQuotatimnondnafemnceothisAgmemont ('Y]rdehngDocumert').ADDITIONAL OR CONFLICTING TERMS |NCUSTOMER'S ORDERING DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as ofthe date cfEsh's receipt of Customer's Ordering Document incorporating this Agreement by reference, unless otherwise agreed tobythe parties (^EffecUveOaUa'') Term of Agreement: Three (3) years This Agreement supersedes any previous agnaements, pnoposa|s, pnesantagkons, undemtandings, and arrangements between the parties relating to the licensing of the Products. Except as pro vided in Atcle 4— Product Accepted and Agreed: CUS�� ERCONTACT INFORMATION Co�ou� Telephone'. Address: City, State, Postal Code: Country: �J.SA- Quotation Number (if applicable): L) Fax: �� 1,0~�An0rmNAi_ DEp/WTiON� |naddition tnthe definitions provided inthe Master Agreement, the following definitions apply 8zthis "Cmse^means afailure ofthe Software orOnline Services 0ooperate according totheDocumentation where such failure substantially impacts operational orfunctional performance. °Deploy^ ^Dop|oyed^and ^Dep|oyment'mean tn redistribute and install the Products and related Authorization Codes within Customer's orQonization(s). "Fee" means the fee set forth in the Quotation. ^K8mdntenmnce'means Tier 2Support, Product updates, and Product patches provided toCustomer during the Term of Agreement, "Master Agreement" means the applicable master agreement for EohProducts incorporated bythis reference that io (i)found at and available in the installation process requiring acceptance by electronic acknowledgment or(|i)asigned Eari master agreement o/license agreement that supersedes such electronically acknowledged master agreement. ^ProWuot(s)^means the products identified in Table A—LjntmfProducts and any updates iothe list Emdprovides inwriting. 'xQuotmtiom^means the offer letter and quotation provided separately to Customer. "Technical Supportmeans the technical assistance for attempting resolution nfareported Case through error correction, patcheo, hot fixes, mmrkanoundu, replacement deliveries. orany other type of Product corrections or modifications, ''Tier1 Help Desk" means Customer's point of contooL(s)toprovide all Tier 1Support within Custnme/norganizot|on(a). "Tier 1Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2Support" means the EmrTechnical Support provided 0uthe Tier 1 Help Desk when oCase cannot beresolved through Tier 1Support. 4X--ADDITIONALGRANT OpL|rEmSF 21 Grant ofLicense. Subject tothe terms and conditions ofthis Agreement, Eshgrants bu Customer personal, nonexclusive, nontransferable |ioenoesolely 0ouse, copy, and Deploy quantities ofthe Products listed in Table A—LiotofProducts for the Term of Agreement (i) to, the applicable Fee and (U)in accordance with the Master Agreement. 2.2Consultant Access. Eshgrants Customer the right Lopermit Cuokoma/sconsultants or contractors to use the Products exclusively for Customer's benefit. Customer will besolely responsible for compliance byconsultants and contractors with this Agreement and will ensure that the consultant cxcontractor discontinues use ofProducts upon completion ufwork for Customer. Access buoruse ofProducts by consultants orcontractors not exclusively for Customer's benefit is prohibited. Customer may not permit its consultants orcontractors toinstall Software orData. onconsultant, contractor, or third -party computers o,remove Software or Data from Customer locations, except for the purpose ofhosting the Software orData on Contractor servers for the benefit ofCustomer. 3.D--TEPm.TeRWmAT/Om,AwDEXPIRATION 3] Term. This Agreement and all licenses hereunder will commence onthe Effective Date and continue for the duration identified inthe Term ofAgreement, unless this Agreement |o terminated earlier asprovided herein Customer iaonly authorized touse Products during the Term ofAgreement. For anAgreement with a limited term, Ear; does not grant Customer an indefinite oraperpetual license toProducts. 02NnUse upon Agreement Expiration nr Termination. All Product licenses, all Maintenance, and Eari User Conference registrations terminate upon expiration or termination of\h.a Agreement. 3 3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach bythe other party. The breaching party will have thirty (3O)days from the date ofwritten notice |ocure ony material breach. -* Termination for Lack ufFunds. For an Agreement with government or government - owned entities, either party may terminate this Customer imunable hnsecure funding through the legislative orgoverning body's approval pmommo, 1,.6Follow-on Term. If the parties enter into another agreement substantially similar tothis Agreement for anadditional term, the effective date of the follow-on agreement will bethe day after the expiration date ufthis Agreement. a. Tielr I Support 1. Customer will provide Tier 1Support through the Rer1 Help Desk hzall Customer's authorized users. 2The Tier 1Help Desk will befully trained in the Procluct��, 1 Adaminimum, Tier 1 Support will include those activities that assist the user in 4.0--PRODVCTUpDxre5 resolving how-to and operational questions eswell aaquestions oninstallation and 4.1 Future Updates. Eshreserves the right to tnoub|eshuoingpnouedurea. update the list ufProducts in Table /�—Liu\of Products byproviding written notice to 4� The Tier 1 Help Desk will hethe initial point Customer. Customer may continue touse all ofcontact for all questions and reporting ofu Products that have been Deployed, but support Case. The Tier 1 Help Desk will obtain mfull andupgoadenforde|otwd|temomayno/be description ufeach reported Case and the available, Aanew Products are incorporated into system configuration from the user, This the standard program, they will beoffered to may include obtaining any customizations, Customer via written notice for incorporation into code samples, nrdata involved inthe Case, the Products schedule atnoadditional charge, Customer's use o[new orupdated Products !i� /fthe Tier 1 Help Desk cannot resolve the requires Customer Voadhere toapplicable Case, onauthorized Tier 1Help Desk additional orrevised terms and conditions inthe individual may contact Tier 2Support, The Master Agreement. Tier Help Desk will provide support insuch away aatominimize repeat calls and make 4- 2 Product Life Cycle. During the Term of solutions to problems available to Agreement, some Products may beretired or Customer's organization. may nolonger boavailable knDeploy inthe identified quantities. Maintenance will be subject G. Tier 1 Help Desk individuals are the only tothe individual Product Life Cycle Support individuals authorized tocontact Tier 2 Status and Product Life Cycle Support Policy, Support, Customer may change the Tier 1 which can befound at Help Desk individuals bywritten notice to . Updates for Products Eori inthe mature and retired phases may not be available. Customer may continue touse b. Tier oSupport Products already Deployed, but Customer will n��beable ioDeploy ned»adPmduuts 1 �wi|||ogthecaUsnaueived Tior2Guppo The Fee includes standard maintenance benefits during the Term ofAgreement amspecified inthe most current applicable EohMaintenance and Support Program document (found et ). At Eah'a sole discretion, Eohmay make patches, hot fixes, ovupdates available for download. No Software other than the defined Products will receive Maintenance. Customer may acquire maintenance for other Software outside this Agreement. 2, Tier 2Support will review all information collected byand received from the Tier 1 Help Desk including preliminary documented troubleshooting provided bythe Tier 1 Help Desk when Tier 2Support |orequired. 1 Tier 2Support may request that Tier Hop Desk individuals provide verification of information, additional information, or answers toadditional questions tu supplement any preliminary information gathering ortroubleshooting performed by Tier Help Desk. � Tier 2Support will attempt huresolve the �. When the Case isresolved, Tier 2Support will communicate the information toTier I Help Desk, and Tier 1Help Desk will disseminate the resolution to the user(s). 6.0--ENDORSEMENTAND PQ8LiC/TY This Agreement will not beconstrued urinterpreted ooanexclusive dealings agreement or Customer's endorsement ofProducts. Either party may publicize the existence ofthis Agreement. 7.(';--AQK4;NiSTRA'T1VEREQU|REME0TS 7A OEM Licenses. UnderEafaOEM mSolution OEM programs, OEM partners are authorized tn embed orbundle portions ofEoriproducts and services with their application orservice. OEM partners' business model, licensing terms and conditions, and pricing are independent ofthis Agreement. Customer will not seek any discount from the OEM partner orEmribased onthe availability ofProducts under this Agreement. Customer will not deuoup}eEoriproducts or services from the OEM partners' application ur service. 7.2Annual Report ofDeployments. Ateach anniversary date and ninety (QO)calendar days prior tnthe expiration ofthis Agreement, Customer will provide Esriwith awritten report detailing all Deployments. Upon request, Customer will provide records sufficient toverify the accuracy mfthe annual report. 8.0—ORDERING,/4DNW*QS7RATIVE PROCEDURES, DELIVERY, AND DEPLOYMENT 0,1 Orders, Delivery, and Deployment mUpon the Effective Date, Esri will invoice Customer and provide Authorization Codes tn activate the nondestructive copy protection program that enables Customer todownload, operate, orallow access tnthe Products. |fthis is a multi -year Agreement, Eeh may invoice the Fee before the annual anniversary date for each year. bUndisputed invoices will badue and payable within thirty (3O)calendar days from the date of invoioe,Emri's federal |Onumber iaS5-2775'792- c If requested, EarivviU ship backup media to the ship -to address identified onthe Ordering Qouument. FOB Destination, with shipping charges prepaid Customer acknowledges that should sales oruse taxes become due eso result ufany shipments oftangible media, Es,i has aright toinvoice and Customer will pay any such sales oruse tax associated with the receipt of tangible media 6,2 Order Requirements. Eohdoes not require Customer toimaueapurchase order. Customer may submit apurchase order inaccordance with its own process mequinaments provided that if Customer issues a purchase order, Customer will submit its in|tin|purchase order onthe Effective Dote. If this is a mu|U'yeorAgreemem. Customer will submit subsequent purchase orders bzEuh at least thirty(3O) calendar days before the annual anniversary date for each a� All orders pertaining hothis Agreement will be processed through Customer's centralized point of contact. O� The following information will beincluded in each Ordering Document: (1) Cuntomername-Ear customer number, if known; and oi|l-toand ship -to addresses (2) Order number (3) Applicable annual payment due DIVESTITURES |fCustomer ieacommercial entity, Customer will notify Esninwriting ,nthe event of(i) a consolidation, merger, orreorganization ofCustomer with orinto another corporation orentity; (ii)Customer's acquisition ofanother entity, or(iii)a transfer orsale nfall o,part ofCustomer's organization (subsections i. ii.and Di.co||ecUve|y referred boua"Ownership Change). There will be nodecrease inFee aoaresult ofany Ownership Change. 91 KsmOwnership Changeincreases the cumulative program count beyond the maximum level for this Agreement, Esh reserves the right toincrease the Fee orterminate this Agreement and the parties will negotiate enew agreement. S,2 IfanOwnership Change results intransfer o/ sale ofaportion ofCustomer's organization, that portion ofCustomer'uorganization will transfer the Products toCustomer oruninstaU.remove, and destroy all copies ofthe Products. 8"' This Agreement may not beassigned hoa successor entity anaresult ofmnOwnership Change unless approved byEshinwriting in advance. If the assignment to the new entity is not approved, Customer will require any successor entity hu uninsta||, remnve, and destroy the Products, This Agreement will terminate upon such Ownership Change.