HomeMy WebLinkAboutC39890 Enterprise Agmt Software LicenseCONTRACT NO. C39890 T
STAFF REPORT
CITY OF PALM DESERT
INFORMATION SYSTEMS DEPARTMENT
MEETING DATE: February 27, 2020
PREPARED BY: Clayton von Helf, Information Systems Manager
REQUEST: Authorize the City Manager to enter into a three year agreement
with Environmental Systems Research Institute, Inc. (ESRI) for an
Enterprise Agreement (EA) Software License in the amount of
$57,750.00 annually.
Recommendation
By Minute Motion, that the City Council authorize the City Manager to enter into a
three year agreement with Environmental Systems Research Institute, Inc. (ESRI)
for an Enterprise Agreement (EA) Software License, in the amount of $57,750 per
year (a total of $173,250 for the three year term), to provide unlimited software
licenses, maintenance, support, training, and technical assistance for GIS
(Geographic Information Systems) initiatives.
Funds are available in Account No. 5304190-4404000.
Strateqic Plan
Although the City's internal I.T. infrastructure is not addressed in the strategic plan, its
upgrade underlays, and is essential to, all projects and services performed by the City.
Information Technologv Master Plan
Development of a GIS Master Plan is identified as Initiative 40 in the Information
Technology Master Plan adopted in February 2017. This agreement with ESRI will
provide the software tools and professional assistance necessary to expand the internal
and external use of GIS at the City.
Background Analvsis
GIS software is integral to many processes and services the City provides. Its most
visible use is the creation of maps for presentations, however it also underpins our
permitting and licensing software, is part of asset management and tracking, provides
valuable data for budgeting and is used in complex analysis of issues ranging from short
term rentals to traffic signal coordination.
February 27, 2020 - Staff Report
ESRI EA
Page 2 of 2
Environmental Systems Research Institute (ESRI) is the global leader of GIS software
and services. The City of Palm Desert utilizes a suite of ESRI software products for our
GIS services. In order to harness the powerful capabilities of the ESRI software, we
require more software licenses. The ESRI Enterprise Agreement (EA) provides unlimited
quantities of the ESRI software licenses, support, maintenance, and training. This is the
most economical way for the City to increase the use of GIS enabled apps, maps, web
portals, and GIS analysis tools.
Under the proposed EA, Palm Desert would be able to install many more tools and
applications for a more de -centralized GIS organization. Currently, without the EA, we
have three ArcGIS desktop licenses, one Server license, an Internal GIS portal, and 20
online user licenses. The current cost for this is $44,000 per year. We are very limited
with our ability to publish GIS enabled applications, or to install analysis tools for users.
This limitation has handicapped the City's adoption of a robust GIS environment, and
forces all updates and changes to bottle neck at the ArcGIS desktop licensed users.
With unlimited software licenses, as is being requested, we will be able to install specific
GIS applications for users to update GIS data, without the complex software, or the need
for GIS Administrator assistance. One example will be with addressing in the Building
and Safety department. Currently, when address changes are needed, the GIS
Administrator must make those changes in the database, and Building and Safety staff
must wait for the workflow to be complete. By installing a small GIS addressing
application, Building and Safety staff will be able to update the database themselves, and
with a tool that is purpose built and simple to use. By leveraging an EA, the City will be
able to push out many purpose built applications without incurring additional expenses.
Fiscal Analvsis
ESRI Enterprise Agreement (EA) is available at a cost of $57,750 per year for three
years, for a total of $173,250. Funds are available in IT Master Plan budget, Account
No. 5304190-4404000.
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER
N/
�L
Robert W. Hargreaves Director of isjgdet Moore Lauri Aylaian
City Attorney Administrative Services Director of Finance City Manager
ATTACHMENTS: Quotation Number Q-405217, Small Enterprise Agreement
*esri-
January 31, 2020
Mr. CLAYTON Von Helf
City of Palm Desert
73510 Fred Waring Dr
Palm Desert, CA 92260
Dear CLAYTON,
The Esri Small Municipal and County Government Enterprise Agreement (EA) is a three-year agreement
that will grant your organization 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. The EA will be effective
on the date executed and will require a firm, three-year commitment.
Based on Esri's work with several organizations similar to yours, we know there is significant potential
to apply geographic information system (GIS) technology in many operational and technical areas within
your organization. For this reason, we believe that your organization will greatly benefit from an
enterprise agreement.
An EA will provide your organization with numerous benefits including:
■ A lower cost per unit for licensed software
■ Substantially reduced administrative and procurement expenses
■ Maintenance on all Esri software deployed under this agreement
• Complete flexibility to deploy software products when and where needed
The following business terms and conditions will apply:
■ All current departments, employees, and in-house contractors of the organization will be eligible
to use the software and services included in the EA.
■ if your organization wishes to acquire and/or maintain any Esri software during the term of the
agreement that is not included in the EA, it may do so separately at the Esri pricing that is
generally available for your organization for software and maintenance.
• The organization will establish a single point of contact for orders and deliveries and will be
responsible for redistribution to eligible users.
• The organization will establish a Tier 1 support center to field calls from internal users of Esri
software. The organization may designate individuals as specified in the EA who may directly
contact Esri for Tier 2 technical support.
■ The organization will provide an annual report of installed Esri software to Esri.
380 New York Street 909 793 2853 esri.com
Redlands, California 92373-8100 USA info@esri.com
■ Esri software and updates that the organization is licensed to use will be automatically available
for downloading.
■ The fee and benefits offered in this EA proposal are contingent upon your acceptance of Esri's
Small Municipal and County Government EA terms and conditions.
■ Licenses are valid for the term of the EA.
This program offer is valid for 90 days. To complete the agreement within this time frame, please
contact me within the next seven days to work through any questions or concerns you may have. To
expedite your acceptance of this EA offer:
1. Sign and return the EA contract with a Purchase Order or issue a Purchase
Order that references this EA Quotation and includes the following statement on the face of the
Purchase Order: "THIS PURCHASE ORDER IS GOVERNED BY THE TERMS AND
CONDITIONS OF THE ESRI SMALL MUNICIPAL AND COUNTY GOVERNMENT
EA, AND ADDITIONAL TERMS AND CONDITIONS IN THIS PURCHASE ORDER
WILL NOT APPLY." Have it signed by an authorized representative of the organization.
2. On the first page of the EA, identify the central point of contact/agreement administrator. The
agreement administrator is the party that will be the contact for management of the software,
administration issues, and general operations. Information should include name, title (if
applicable), address, phone number, and e-mail address.
3. In the purchase order, identify the "Ship to" and "Bill to" information for your organization.
4. Send the purchase order and agreement to the address, email or fax noted below:
Esri
Attn: Customer Service SG -EA
380 New York Street
Redlands, CA 92373-8100
e-mail: service@esri.com fax
documents to: 909-307-3083
I appreciate the opportunity to present you with this proposal, and I believe it will bring great benefits to
your organization.
Thank you very much for your consideration.
Best Regards,
Natalie Carter
Small Government EA
rHE
SCIENC
esri- I OF
WHERE -
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: OAMS3
To expedite your order, please attach a copy of
this quotation to your purchase order.
Quote is valid from: 11812020 To: 4/7/2020
Material Qty Term
168179 1 Year 1
Quotation # Q-405217
Date: January 31, 2020
Customer # 6677 Contract # ENTERPRISE
AGREEMENT
City of Palm Desert
Information Systems
73510 Fred Waring Dr
Palm Desert, CA 92260
ATTENTION: CLAYTON Von Helf
PHONE: (760) 346-0611
EMAIL: cvonhelf@cityofpalmdesert.org
Populations of 50,001 to 100,000 Small Government Term Enterprise License Agreement
Unit Price
$50,000.00
Total
$50,000.00
168179 1 Year 2 $50,000.00 $50,000.00
Populations of 50,001 to 100,000 Small Government Term Enterprise License Agreement
168179 1 Year 3 $50,000.00 $50,000.00
Populations of 50,001 to 100,000 Small Government Term Enterprise License Agreement
153417 5 $50.00 $250.00
ArcGIS Business Analyst Web App Online Term License
169044 5 $1,500.00 $7,500.00
ArcGIS Urban Suite Term License
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
For questions contact:
Natalie Carter
Email:
ncarter@esri.com
Phone:
(909) 793-2853 x7419
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document
found at httos://assets.esri.com/contenUdam/esr te-sLmediaOeoYprDduFts=iflc-terms4tyse/e300.Ddf, and your applicable signed agreement
with Esri. If no such agreement covers any item quoted, then Esri's standard terms and conditions found at httos://oo.esd.com/MAPS 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&ad&om/en-usAo3gal/tenn state-suoolemental 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 In 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 not be copied or released other than for the express purpose of system selection and purchase/license. The
information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin.
CARTERN This offer Is limited to the terms and conditions Incorporated and attached herein.
CONTRACT NO. C39890
Esri Use Only: ���', I OFTHE
ENCE
Cust. Name
Cust. # WHERE'
PO #
Esri Agreement #
SMALL ENTERPRISE AGREEMENT
COUNTY AND MUNICIPALITY GOVERNMENT
(E214-3)
This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental
Systems Research Institute, Inc. ("Esri").
This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (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 to the Products listed in Table A.
Table A
List of Products
Uncapped Quantities
Desktop Software and Extensions (Single Use)
ArcGIS Desktop Advanced
ArcGIS Desktop Standard
ArcGIS Desktop Basic
ArcGIS Desktop Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical
Analyst, ArcGIS Publisher, ArcGIS Network
Analyst, ArcGIS Schematics, ArcGIS Workflow
Manager, ArcGIS Data Reviewer
Enterprise Software and Extensions
ArcGIS Enterprise and Workgroup
(Advanced and Standard)
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical
Analyst, ArcGIS Network Analyst, ArcGIS
Schematics, ArcGIS Workflow Manager
Enterprise Additional Capability Servers
ArcGIS Image Server
Developer Tools
ArcGIS Engine
ArcGIS Engine Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Engine Geodatabase
Update, ArcGIS Network Analyst, ArcGIS Schematics
ArcGIS Runtime (Standard)
ArcGIS Runtime Analysis Extension
Limited Quantities
One (1) Professional subscription to ArcGIS
Developer"
Two (2) Esri CityEngine Single Use Licenses
250 ArcGIS Online Viewers
250 ArcGIS Online Creators
37,500 ArcGIS Online Service Credits
250 ArcGIS Enterprise Creators
5 Insights in ArcGIS Enterprise
5 Insights in ArcGIS Online
OTHER BENEFITS
Number of Esri User Conference registrations provided annually _ __4___ _ _�
Number of Tier 1 Help Desk individuals authorized to call Esri 4
Maximum number of sets of backup media, if requested" 2
Self -Paced e-Leaming Uncapped l
Five percent (5%) discount on all individual commercially available instructor -led training classes at Esri 1
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
Page 1 of 6 October 10, 2019
Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation
attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this
Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE
ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL
GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise
agreed to by the parties ("Effective Date").
Tenn of Agreement: Three (3) vears
This Agreement supersedes any previous agreements, proposals, presentations, understandings, and
arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4—
Product Updates, no modifications can be made to this Agreement.
Accepted and Agreed:
(Customer)
By:
Authorized Signature
Printed Name:
Title:
Date:
CUSTOMER CONTACT INFORMATION
Contact: Telephone:
Address: Fax:
City, State, Postal Code: E-mail:
Country:
Quotation Number (if applicable):
Page 2 of 6 October 10, 2019
1.0—ADDITIONAL DEFINITIONS
In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:
"Case" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.
"Deploy", "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Customer's
organization(s).
"Fee" means the fee set forth in the Quotation.
"Maintenance" means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.
"Master Agreement" means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at
httDs://www.esd.com/en-us/leuaVterms/full-master-
acireement and available in the installation process
requiring acceptance by electronic acknowledgment
or (ii) a signed Esri master agreement or license
agreement that supersedes such electronically
acknowledged master agreement.
"Product(s)" means the products identified in
Table A —List of Products and any updates to the list
Esri provides in writing.
"Quotation" means the offer letter and quotation
provided separately to Customer.
"Technical Support" means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.
"Tier 1 Help Desk" means Customer's point of
contact(s) to provide all Tier 1 Support within
Customer's organization(s).
"Tier 1 Support" means the Technical Support
provided by the Tier 1 Help Desk.
"Tier 2 Support" means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.
2.0—ADDITIONAL GRANT OF LICENSE
2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A —List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement,
2.2 Consultant Access. Esri grants Customer the
right to permit Customer's consultants or
contractors to use the Products exclusively for
Customer's benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third -party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.
3.0—TERM, TERMINATION, AND EXPIRATION
3.1 Tenn. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products during the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.
3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.
3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.
3.4 Termination for Lack of Funds. For an
Agreement with government or government -
owned entities, either party may terminate this
Agreement before any subsequent year if
Page 3 of 6 October 10, 2019
Customer is unable to secure funding through
the legislative or governing body's approval
process.
3.5 Follow-on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.
a. Tier 1 Support
1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer's authorized users.
2. The Tier 1 Help Desk will be fully trained in
the Products.
3.
At a minimum, Tier 1 Support will include
those activities that assist the user in
4.0-PRODUCT UPDATES
resolving how-to and operational questions
as well as questions on installation and
4.1 Future Updates. Esri reserves the right to
troubleshooting procedures.
update the list of Products in Table A —List of
Products by providing written notice to
4.
The Tier 1 Help Desk will be the initial point
Customer. Customer may continue to use all
of contact for all questions and reporting of a
Products that have been Deployed, but support
Case. The Tier 1 Help Desk will obtain a full
and upgrades for deleted items may not be
description of each reported Case and the
available. As new Products are incorporated into
system configuration from the user. This
the standard program, they will be offered to
may include obtaining any customizations,
Customer via written notice for incorporation into
code samples, or data involved in the Case.
the Products schedule at no additional charge.
Customer's use of new or updated Products
5.
If the Tier 1 Help Desk cannot resolve the
requires Customer to adhere to applicable
Case, an authorized Tier 1 Help Desk
additional or revised terms and conditions in the
individual may contact Tier 2 Support. The
Master Agreement.
Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
4.2 Product Life Cycle. During the Term of
solutions to problems available to
Agreement, some Products may be retired or
Customer's organization.
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject
6.
Tier 1 Help Desk individuals are the only
to the individual Product Life Cycle Support
individuals authorized to contact Tier 2
Status and Product Life Cycle Support Policy,
Support. Customer may change the Tier 1
which can be found at
Help Desk individuals by written notice to
https://suDoort.esd.comlen/other-
Esri.
resources/product-life-cvcle. Updates for
Products in the mature and retired phases may
b. Tier 2 Support
not be available. Customer may continue to use
1.
Tier 2 Support will log the calls received
Products already Deployed, but Customer will
from Tier 1 Help Desk.
not be able to Deploy retired Products.
2.
Tier 2 Support will review all information
collected by and received from the Tier 1
5.0-MAINTENANCE
Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
The Fee includes standard maintenance benefits
Desk when Tier 2 Support is required.
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
3.
Tier 2 Support may request that Tier 1 Help
Support Program document (found at
Desk individuals provide verification of
httos://www.esd.com/en-
information, additional information, or
us/legal/terms/maintenance). At Esri's sole
answers to additional questions to
discretion, Esri may make patches, hot fixes, or
supplement any preliminary information
updates available for download. No Software other
gathering or troubleshooting performed by
than the defined Products will receive Maintenance.
Tier 1 Help Desk.
Customer may acquire maintenance for other
4.
Tier 2 Support will attempt to resolve the
Software outside this Agreement.
Case submitted by Tier 1 Help Desk.
Page 4 of 6 October 10, 2019
5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).
6.0—ENDORSEMENT AND PUBLICITY
This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer's
endorsement of Products. Either party may publicize
the existence of this Agreement.
7.0—ADMINISTRATIVE REQUIREMENTS
7.1 OEM Licenses. Under Esri's OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners' business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.
Customer will not decouple Esri products or
services from the OEM partners' application or
service.
7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days
prior to the expiration of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.
8.0—ORDERING, ADMINISTRATIVE
PROCEDURES, DELIVERY, AND
DEPLOYMENT
8.1 Orders, Delivery, and Deployment
Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a mufti -year Agreement, Esri may invoice the
Fee before the annual anniversary date for each
year.
c. If requested, Esri will ship backup media to the
ship -to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.
8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi -year Agreement,
Customer will submit subsequent purchase
orders to Esri at least thirty (30) calendar days
before the annual anniversary date for each
year.
a. All orders pertaining to this Agreement will be
processed through Customer's centralized point
of contact.
b. The following information will be included in
each Ordering Document:
(1) Customer name; Esri customer number, if
known; and bill -to and ship -to addresses
(2) Order number
(3) Applicable annual payment due
9.0—MERGERS, ACQUISITIONS, OR
DIVESTITURES
If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
(ii) Customer's acquisition of another entity, or (iii) a
transfer or sale of all or part of Customers
organization (subsections i, ii, and iii, collectively
referred to as "Ownership Change"). There will be
no decrease in Fee as a result of any Ownership
Change.
9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.
b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of 9.2 If an Ownership Change results in transfer or
invoice. Esri's federal ID number is 95-2775-732. sale of a portion of Customers organization, that
portion of Customers organization will transfer
Page 5 of 6 October 10, 2019
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.
9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esd in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.
Page 6 of 6
October 10, 2019