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HomeMy WebLinkAboutCORRESPONDENCE - PURCHASE ORDER - 9150014A 6,/g0.6Z L I0 ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. One International Court Broomfield, CO 80021-3200 Phone: (303) 449-7779 Fax: (303) 449-8830 DUNS Number: 06-313-4176 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 1212912014 To: 03/29/2015 Quotation # 20461935 Date: December 29, 2014 Customer # 19796 Contract # City of Fort Collins GIS & Information Technology Dept 215 N Mason St Fort Collins, CO 80524-4402 ATTENTION: Marcus Bodig PHONE: (970) 416-2050 FAX: Material City Descriptibn Unit Price Total 108403 1 Enterprise License Agreement Annual Payment - Year 1 118,000.00 118,000.00 Item Total: 118,000.00 Subtotal: 118,000.00 Sales Tax: 0.00 Estimated Shipping & Handling(2 Day Delivery) : 0.00 Contract Pricing Adjust: 0.00 Total: $118,000.00 Esd 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 Henderson Email: hhendersonld]esri.com Phone: (303) 449-7779 x8282 The items on this quotation are subject to the terms set forth herein and the terms of your signed agreement with Esri, if any, or, where applicable, Esrrs standard terms and conditions at www.esri.coMlegal, which are incorporated by reference. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Acceptance is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's products and services. If sending remittance, please address to: Esri, File No. 54630, Los Angeles, Ca 90074-4630 HENDERSONH This offer is limited to the terms and conditions incorporated and attached herein. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th day of October, A.D. 2014. ATTEST: y0F FOR o City Clerk M yor -2- ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. One International Court Broomfield, CO 80021-3200 Phone: (303) 449-7779 Fax: (303) 449-8830 DUNS Number: 06-313-4175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 1212912014 To: 03/29/2015 Quotation # 20461935 Date: December 29, 2014 Customer # 19796 Contract # City of Fort Collins GIS & Information Technology Dept 215 N Mason St Fort Collins, CO 80524-4402 ATTENTION: Marcus Bodig PHONE: (970) 416-2050 FAX: 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. If 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 any/all applicable Esri contract number(s) (e.g. MPA, ELA, Smartauy, 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 U-SE 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 Earl Signature of Authorized Representative Date Name (Please Print) Title The quotation irxarmahon is proprietary and may hot be coped or released other than for the express Wrpose of system selection and purchaselicense. This information may not be given to outside parties or used for any other purpose wittnut consent from Environmental Systems Research InstMe, Inc (Esn). Any estimated sales andlor use tax reflected on this quote has been calculated as of the date of the quotation and is merely prodded as a convenience for your orga yntion's budgetary purposes. Esri reserves the night to adjust and odlect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state tax directly, then prior to Invoicing, your organization must provide Esn with a copy of a current tax exemption certificate issued by your states taxing authority for the given jurisdiction. Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. i For questions contact: Heather Henderson Email: hhendersonOesrixom Phone: (303) 449-7779 x8282 i The items on this quotation are subject to the terms set forth herein and the terms of your signed agreement with Esri, if any, or, where applicable, Esrrs standard terms and conditions at www.esri.comflegal, which are incorporated by reference. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Acceptance is limited to the tennis of this quotation. Esn objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esrrs pmducts and services. if sending remittance, please address to: Esri, File No. 54630, Los Angeles, Ca 90074-4630 HENDERSONH This offer is limited to the terms and conditions incorporated and attached herein. Owesd• ESRI QUOTATION TERMS AND CONDITIONS Esn, 380 New York St., Redlands, CA 92373-8100 U$A • TEL 909-793-2853 • FAX 909-793-5953 All quotations are valid for ninety (90) days unless otherwise stated on the quotation form. These prices and terms are valid only for items purchased for use and delivery within the United States. This quotation information is proprietary and may not be copied or released other than for the express purpose of the current system selection and purchase. This information may not be given to outside parties or used for any other purpose without written consent from Environmental Systems Research Institute, Inc. (Esri). To expedite your order, please reference the quotation number on your purchase order. ORDERPROCESS The order process is initiated when Esri receives an original purchase order or some form of advance payment. Several additional documents (e.g., Master License Agreement, credit application, Tax Exemption Certificate) may be required to complete the order process. Generally, the need for these documents varies by the type of software, data, web -enabled services, subscriptions, professional services or other products ordered, which is determined upon receipt of the purchase order (or advance payment). If delivery must be expedited, please contact your marketing representative for assistance. IMPORTANT! Collectively, these documents contain the authorizations and information necessary to ship proper versions of the software or data on the correct media, or to initiate web -enabled services, subscriptions, or professional services. Please return them promptly to avoid unnecessary delays in shipping or delivery. Please return all documents to Esri Customer Service, or as otherwise directed. Please show the following remittance address on your purchase order: Esri, File No. 54630, Los Angeles, CA 90074-4630 ESRI LICENSE AGREEMENTS All Esri software, data, web -enabled services, and subscriptions offered in this quotation are commercial off -the -shelf items developed at private expense and subject to Esri commercial license terms. You may have a signed license agreement on file that covers this order. If so, please reference the license agreement number on your purchase order. Unless a signed license is on file with Esri, Esri software, data, web -enabled services and subscriptions are subject to the Esri License Agreement included with the deliverable item as an on-line or click -through agreement. A copy is enclosed. Certain software or data requires a Master License Agreement signed by both parties. Professional services agreements may also include license terms. Some Esri software is copy protected with a software keycode or hardware key, and some software, data, web -enabled services or subscriptions require registration or a password. You will be given instructions to access the keycode, register, or obtain a password through the Esri website or by other means. MAINTENANCE After expiration of any complimentary period of maintenance that may apply to the licensed software, Esri will quote maintenance payable annually in advance. A reinstatement fee applies when maintenance has lapsed. DATA AND WEB SERVICES DISCLAIMER Data and Web Services may contain some nonconformities, defects, errors, or omissions. THE DATA AND WEB SERVICES ARE PROVIDED "AS -IS" WITHOUT WARRANTY OF ANY KIND. Without limiting the generality of the preceding sentence, Esri and its licensors do not warrant that the data and Web Services will meet Licensee's needs or expectations, that the use of the data or Web Services will be uninterrupted, or that all nonconformities can or will be corrected. Esri and its licensors are not inviting reliance on this data or Web Services, and Licensee should always verify actual data or Web Services. DELIVERY FOB Redlands, CA, USA G272 Page 1 of 2 04/29/2011 Software: Allow thirty (30) days from Esri's receipt of purchase order, signed Software License Agreement(s), and other documents, as required. Hardware: Manufacturers terms apply. Lead times depend on make/models purchased. Note: Standard delivery method is ground or two (2)-day air for software and surface carrier for hardware. Actual delivery method may vary depending on weight. Other service is available for an additional fee (e.g., overnight delivery). PAYMENT TERMS Net thirty (30) days, on approved credit. Orders less than eight hundred dollars ($800) require prepayment by check or credit card unless your organization is a government agency, university, college, or Fortune 500 company. TAXES This quote includes applicable sales or use taxes for the prices quoted as required by law. The tax amount may change depending on the time lapse between this quote and your order to us. Esri will include applicable sales or use taxes on your invoice unless you provide proof with your order that your organization or use of the product is tax exempt. G272 Page 2 of 2 04/29/2011 esn ESRI, 380 New York St., Redlands, CA 92373-8100 USA • TEL 909-793-2853 • FAX 909-793-5953 Amendment No. 3 to Enterprise License Agreement No. 2012ELA2273 (ELA) between City of Fort Collins ("City") . and Environmental Systems Research Institute, Inc. ("Esri") This Amendment No. 3 is effective as of June 1, 2015 and changes the ELA to extend performance for an additional three year period, update Enterprise License Software and pricing for the extended period as follows: 1. Extended Period. The ELA is extended for an additional three year period beginning June 1, 2015 and expiring on May 31.2018. 2. Appendices. For the extended period beginning June 1, 2015 and expiring on May 31, 2018, Appendix A and Appendix B are updated with the following new appendices: Appendix A —Software and Deployment Schedule; Appendix B—ELA Fee Schedule 3. Appropriation. To the extent this ELA constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation pursuant to Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this ELA in any fiscal year for which no supporting appropriation has been made. 4. Termination for Non -Appropriation of Funds or Lack of Funds. City's obligation to pay the amounts due for following fiscal years is contingent upon appropriation of funds for this ELA. City or Esri may terminate this ELA in the event such funding is not made available ("Lack of Funds"). If either party terminates for Lack of Funds, it will give the other party written notice of termination prior to the ELA anniversary date. In all cases, the effective date of the termination will be the last day of that payment period immediately prior to the annual anniversary date for the next payment. Under no circumstances may City deploy additional copies of the Software, Data, or Documentation upon termination of the ELA for Lack of Funds. In the event that the ELA is terminated for Lack of Funds the following conditions will apply: a. Licensee must uninstall, remove, and destroy all Deployed Software, Data, or Documentation and any whole or partial copies identified in Appendix A, Table A-2, however Licensee(s) may continue to use Rolled -In Software, subject to its compliance with the License Agreement; b. Licensee may continue to use Deployed Enterprise License Software, Data, or Documentation identified in Appendix A, Table A-1, provided: i. Licensee shall report the quantity and types of Deployed Enterprise License Software identified in Appendix A, Table A-1, and Esri shall determine the quantity and type of Software, Data, or Documentation that Licensee may continue to use under the License Agreement terms. This determination will be based on multiplying the commercial list price of the Deployed Enterprise License Software identified in Table A-1 by the reported quantity and types and subtracting that amount from a portion of the ELA Fee amounts paid (portion of ELA Fee applicable to Enterprise License Software licenses identified in Table A-1 hereinafter referred to as "Offset Amount"). Licensee shall uninstall, remove, and destroy Deployed Enterprise License Software valued in excess of the Offset Amount to reach an authorized quantity and type level. The remaining authorized quantities and types of software ("Remaining Software") will be licensed in accordance with the License Agreement; and ii. Rolled -In Software licenses of the type identified in Table A-1 will not terminate and may be used at the version level they have been upgraded to at the time of termination. Use and licensing of Rolled -In Software licenses will be in accordance with the License Agreement. 2012ELA2273-A3/JC Iof4 03/12/14 c, Norefund will be provided to Licensee for payments made prior to teriniiiation. Within thirty. (30).days of terinination'of•the ELA.far L:ack'of. Funds, City will document in writing to Esri the:total quantity and type (e.g., Product) of Remaining Software and Rolled -In Software for which City desires tb obtain maintenance, if any. Payment of maintenance fees for such Remaining Software and Rolled 1n:Software'f6r which City wishes.to have maintenance, ifany, will be effectiveirom the date of the ELA tetminatiotyprovided that City.gllocates appropriatefunds. Maintenancereinstatement fees will not be required for maintenance on Rolled -in Software that lapsed during the term of the I:L•A. Otheritems that may be:included in'lhis EL'A such as User Conference Registrations will also terminate ifthis" A is terminated for Lack of Funds. All other terms and conditions shall remain the same. Accepted and agreed CITY OF FORIG LINS 04 (Licensee) Signature: -Pal: Printed Name: Director of Purchasing & Risk Mgt Title: I L9 Date: Printed Name: RESEARCH - Johnson Title:�Manager Domestic Contracts Date: 2012ELA22737A3/JC 2 of 03/12/14 APPENDIX A SOFTWARE AND DEPLOYMENT SCHEDULE For the extended period beginning June 1, 2015 through May 31, 2018, City may Deploy the Enterprise License Software up to the total quantity of licenses indicated below to Licensees during the term of this ELA. Table A-1 Enterprise License Software —Unlimited Ouantities Item Total Qty./Seats to Be Deployed ArcGIS for Desktop: ArcGIS for Desktop Advanced (formerly Arclnfo), Standard (formerly ArcEditor), and Basic (formerly ArcView) (single and concurrent use) Unlimited ArcGIS for Desktop extensions: ArcGIS 3D Analyst, ArcGIS Data Reviewer, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Publisher, ArcGIS Schematics, ArcGIS Spatial Analyst, and ArcGIS Workflow Manager (single and concurrent use) Unlimited ArcGIS for Server: ArcGIS for Server Enterprise and Workgroup (Advanced, Standard, and Basic) Unlimited ArcGIS for Server extensions: ArcGIS 3D Analyst, ArcGIS Geostatistical Analyst, ArcGIS Image Extension, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Spatial Analyst, and ArcGIS Workflow Manager Unlimited ArcGIS Engine: ArcGIS Engine development tools for deploying custom applications Unlimited ArcGIS Engine extensions: ArcGIS 3D Analyst, ArcGIS Geodatabase Update, ArcGIS Network Analyst, ArcGIS Schematics, and ArcGIS Spatial Analyst (single and concurrent use Unlimited ArcGIS Runtime: Standard deployment licenses for custom applications Unlimited ArcGIS Runtime extensions: ArcGIS 3D Analyst, ArcGIS Network Analyst, and ArcGIS Spatial Analyst (single use Unlimited Mapping and Charting solutions: Esri Production Mapping Unlimited Table A-2 Enterprise License Software —Limited Ouantities Item Rolled -In Qty. (if applicable) Qty./Seats to Be Deployed Total ArcGIS Data Interoperability for Desktop extension Concurrent Use license) 1 0 1 ArcGIS GeoEvent Processor for Server Enterprise Advanced 1 0 1 ArcPad 1 0 1 Esri Business Analyst Desktop — Basic State license 0 1 1 Esri Developer Network (EDN) Standard N/A 2 2 Product Number of Subscriptions Named Users per Subscription Annual Credits per Subscription ArcGIS Online Subscription (Level 2) 1 50 10,000 2012ELA2273-A3/JC 3 of4 03/12/14 APPENDIX B ELA FEE SCHEDULE For the extended period beginning June 1, 2015 through May 31, 2018, the ELA Fee is $360,000. The ELA Fee is in consideration of the ELA Products, ELA Maintenance, and Esri International User Conference registrations. Year YearYear 20154 20165 I 20176 I ELA Fee Payments $118,000 $120,000 $122,000 Number of Esri International User 6 6 6 Conference Registrations per Year Number of Tier 1 Help Desk 3 3 3 Individuals Number of Sets of Backup Media, if 5 5 5 Requested One10- One to- One 10- SupportIncidents for EDN Pack/Year Pack/Year Pack/Year Three (3) year extended period beginning June 1, Term of ELA pursuant to Section 7.1 2015 and expiring on May 31, 2018. 2012ELA2273-A3/JC 4 of 4 03/12/14 RESOLUTION 2014-090 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN EXCEPTION TO THE USE OF A COMPETITIVE PROCESS FOR THE PURCHASE OF ESRI GIS SOFTWARE ENTERPRISE LICENSE AGREEMENT WHEREAS, in 1994 the City purchased through a competitive bid process ESRI software to use for the City's geographic information system ("GIS"); and WHEREAS, the City has used ESRI GIS software since then to support its mapping and decision making and ESRI products are used throughout the City organization; and WHEREAS, ESRI is the industry leader in GIS software and, as such, ESRI software is also integrated into many of the other software systems the City uses; and WHEREAS, the City now needs to purchase a three-year Enterprise License Agreement (the "License") from ESRI; and WHEREAS, City Code Section 8-161(d)(1)d authorizes the City's Purchasing Agent to negotiate the purchase of services without utilizing a competitive process where the Purchasing Agent determines that a particular service is required in order to standardize or maintain standardization for the purpose of reducing the City's financial investment or to simplify administration; and WHEREAS, the Purchasing Agent has determined that the License is needed in order to maintain department standardization of the City's GIS systems, which thereby reduces the City's financial investment and simplifies administration; and WHEREAS, as required by the City Code, the Purchasing Agent has submitted for the City Manager's approval his written justification for the purchase of the License from ESRI without a competitive process; and WHEREAS, the City needs to purchase the License for a three-year term, the total purchase price for which is over $200,000; and WHEREAS, the City Manager concurs in the Purchasing Agent's determination that it is in the best interests of the City that the License be acquired from ESRI as an exception to the City's competitive procurement process; and WHEREAS, City Code Section 8-161(d)(3) requires approval of this procurement by the City Council since it involves a purchase of more than $200,000. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Council hereby approves the purchase of the License from ESRI as an exception to the City's competitive procurement requirements for the reasons set forth herein.