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HomeMy WebLinkAbout2016-113 Agrmt - ESRI Inc ® Esri Inc wesri 380 New York Street Redlands CA 92373 Subject: Renewal Quotation Date: 03/30/2016 To: Jason Wegner Organization: City of Ashland Public Works Fax 541-488-6006 Phone M 541-552-2417 From: Jillian Bratcher Fax M Phone M 909-793-2853 Ext. 2980 Email: jbratcher@esri.com Number of pages transmitted Quotation #25730491 (including this cover sheet): 3 Document Date: 03/30/2016 Please find the attached quotation for your forthcoming term. Keeping your term current may entitle you to exclusive benefits, and if you choose to discontinue your coverage, you will become ineligible for these valuable benefits and services. If your quote is regarding software maintenance renewal, visit the following website for details regarding the maintenance program benefits at your licensing level http://www. esri.com/apps/products/maintenance/qualifying.cfm All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate your coverage at a later date. Please note: Certain programs and license types may have varying benefits. Complimentary User Conference registrations, software support, and software and data updates are not included in all programs. Customers who have multiple copies of certain Esri licenses may have the option of supporting some of their licenses with secondary maintenance. For information about the terms of use for Esri products as well as purchase order terms and conditions, please visit http://www. esri.com/legal/licensing/software-license.html If you have any questions or need additional information, please contact Customer Service at 888-377-4575 option 5. ® 380 New York Street Q.-esri Redlands, CA 92373 Quotation Phone: 909-793-28532980 Date: 03/30/2016 Quotation Number: 25730491 Send Purchase Orders To: Environmental Systems Research Institute, Inc. 380 New York Street Redlands, CA 92373-8100 Attn: Jillian Bratcher City of Ashland Please include the following remittance address Public Works on your Purchase Order: Engineering Div Environmental Systems Research Institute, Inc. 20 E Main St File #54630 Ashland OR 9 7 5 2 0 Los Angeles, CA 90074-4630 Attn: Jason Wegner Customer Number: 148538 For questions regarding this document, please contact Customer Service at 888-377-4575. Item Qty Material# Unit Price Extended Price Per the terms and conditions in your Esri Enterprise License Agreement, your organization is required to provide an annual usage report. This report should detail all deployments made under this agreement for your previous term, and should be provided to Esri as an Excel spreadsheet. The annual usage report must include actual license counts by product, licensee, and location. Please return your report via email to ela_usage_reports@esri.com. Thank you in advance for your prompt attention to this matter. 10 1 110035 25,000.00 25,000.00 Populations of 0 to 25,000 Small Government Term Enterprise License Agreement Start Date: 07/01/2016 End Date: 06/30/2017 Item Subtotal 25,000.00 Estimated Tax 0.00 Total $ 25,000.00 DUNS/CEC: 06-313-4175 CAGE: OAMS3 This quotation is good for 90 days. Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. Esri reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax exemption certificate issued by your state's 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. Issued By: Jillian Bratcher Ext: 2980 [BRATCHERJ] To expedite your order, please reference your customer number and this quotation number on your purchase order. 380 New York Street Gesri ® Redlands, CA 92373 Quotation Phone: 909-793-28532980 Page 2 Date: 03/30/2016 Quotation No: 25730491 Customer No: 148538 Item Qty Material# Unit Price Extended Price IF YOU WOULD LIKE TO RECEIVE AN INVOICE FOR THIS MAINTENANCE QUOTE YOU MAY DO ONE OF THE FOLLOWING: • RESPOND TO THIS EMAIL WITH YOUR AUTHORIZATION TO INVOICE • SIGN BELOW AND FAX TO 909-307-3083 • FAX YOUR PURCHASE ORDER TO 909-307-3083 • EMAIL YOUR PURCHASE ORDER TO Service@esri.com REQUESTS VIA EMAIL OR SIGNED QUOTE INDICATE THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION AND THAT YOUR ORGANIZATION DOES NOT REQUIRE A PURCHASE ORDER. If there are any changes required to your quotation, please respond to this email and indicate any changes in your invoice authorization. If you choose to discontinue your support, you will become ineligible for support benefits and services. All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate your support coverage at a later date. This transaction is governed exclusively by the terms of your signed agreement with Esri, if any, or, where applicable, Esri's standard terms and conditions at www.esri.com/legal; such terms are incorporated in this quotation by reference. Acceptance is limited to the terms of this quotation. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. State of California government entities may purchase under the terms of http://www.esri.com/-/media/Files/Pdfs/ legal/pdfs/addendums/california.pdf, titled Addendum to State of California Purchases. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer or confirmation sent or to be sent by buyer. In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g. MPA, ELA, SmartBuy, GSA, BPA) on your ordering document. By signing below, you are authorizing Esri to issue a software support invoice in the amount of $ Z.S.000 plus sales tax, if applicable. Please check one of the following: I agree to pay any applicable sales tax. I am tax exempt. Please contact me if Esri does not have my current exempt information on file. Signature of uthoriz ,d Representative Date 1`Cili'(! "C 1.. Name (Please Print) Title [BRATCHERJ] CITY of ASHLAND Council Communication May 05, 2015, Business Meeting Approval of Contract for GIS Software Maintenance FROM: Jason Wegner, GIS Manager, Public Works, wegnerj@ashland.or.us SUMMARY Staff is requesting the City Council, acting as the local contract review board, authorize the City Administrator to sign a contract for Geographic Information System (GIS) software maintenance for a term of three years and a cost of $75,000 ($25,000 per fiscal year). BACKGROUND AND POLICY IMPLICATIONS: The Public Works GIS Division is currently using Environmental Systems Research Institute (ESRI) GIS software for core GIS functionality. Approving the ESRI Small Municipal and County Enterprise License Agreement (ELA) for a three year term will allow the City to continue unlimited access to all of the software ESRI offers, in unlimited quantities, precluding the need to buy each license separately. The ELA offers the following benefits: lower costs per unit for licenses software; substantially reduced administrative and maintenance expenses; and complete flexibility to deploy software products when and where needed. Software licenses and maintenance are proprietary, and in accordance with AMC 2.50.090(I)(2), which are exempt from competitive bidding requirements. This is analogous to a contract amendment as it is a continuation of a previous maintenance contract. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: Total cost is $75,000 ($25,000 per fiscal year for three years). STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the public contract for unlimited access and maintenance of all ESRI (GIS) software for a term of three years and a cost of $75,000 ($25,000 per fiscal year) be approved. SUGGESTED MOTION: I move approval of the ESRI Small Municipal and County Enterprise License Agreement for GIS software. ATTACHMENTS: ESRI Small Enterprise License Agreement: County and Municipality Page 1 of 1 ~r i wesno Quotation # 20465288 Date: March 4, 2015 ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. Customer # 148538 Contract # 606 Columbia St NW, Ste 300 City of Ashland Olympia, WA 98501-1099 Public Works Phone: (909) 793-2853 Fax: (360) 943-6910 20 E Main St DUNS Number: 06-313-4175 CAGE Code: OAMS3 Ashland, OR 97520 To expedite your order, please attach a copy of ATTENTION: Jason Wegner this quotation to your purchase order. PHONE: (541) 552-2417 Quote is valid from: 0310412015 To: 0813112015 FAX: Material Qty Description Unit Price Total 110035 1 Populations of 0 to 25,000 Small Government Term Enterprise License 25,000.00 25,000.00 Agreement: Year 1 110035 1 Populations of 0 to 25,000 Small Government Term Enterprise License 25,000.00 25,000.00 Agreement : Year 2 110035 1 Populations of 0 to 25,000 Small Government Term Enterprise License 25,000.00 25,000.00 Agreement: Year 3 Item Total: 75,000.00 Subtotal: 75,000.00 Sales Tax: 0.00 Estimated Shipping & Handling(2 Day Delivery) : 0.00 Contract Pricing Adjust: 0.00 Total: $75,000.00 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: Sarah Barnes Email: sbarnesCg7esri.com Phone: (909) 793-2853 x8934 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, Esri's standard terms and conditions at www.esri.com/legal, 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 • esrie Quotation # 20465288 Date: March 4, 2015 ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. Customer # 148538 Contract # 606 Columbia St NW, Ste 300 City of Ashland Olympia, WA 98501-1099 Public Works Phone: (909) 793-2853 Fax: (360) 943-6910 20 E Main St DUNS Number: 06-313-4175 CAGE Code: OAMS3 Ashland, OR 97520 To expedite your order, please attach a copy of ATTENTION: Jason Wegner this quotation to your purchase order. PHONE: (541) 552-2417 Quote is valid from: 0310412015 To: 0813912015 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, SmartBuy, GSA, SPA) 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 $15,000. x, 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. X I am tax exempt, please contact me if exempt information is not currently on file with Esri. Signature of Authorized Representative Date L Name (Please Print) Title The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esri). Any estimated sales and/or use tax reflected on this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. Esri reserves the right to adjust and collect 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 Esri with a copy of a current tax exemption certificate issued by your state's 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. For questions contact: Sarah Barnes Email: sbarnesCg?esri.com Phone: (909) 793-2853 x8934 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, Esri's standard terms and conditions at www.esri.com/legal, 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 Authorized Distributor/Esri Use S SMALL Only: Cust. Name ipesn ENTERPRISE LICENSE AGREEMENT Cust. # Co UiN11 AND MUNICIPALFF ' PO # Esri Agreement # Esri, 380 New York St., Redlands, CA 92373-8100 USA • TEL 909-793-2853 • FAX 909-793-5953 This Small Enterprise License Agreement ("ELA") is by and between the organization listed on the signature page ("Licensee"); Environmental Systems Research Institute, Inc. ("Esri"); and, if Licensee is located outside the United States of America (USA), the Authorized Distributor listed on the signature page ("Authorized Distributor"). Authorized Distributor is authorized by Esri to provide access to Online Set-vices and provide ELA Maintenance for Enterprise Products and other benefits, as described herein, to Licensee located outside the USA. This ELA sets forth the terms for Licensee's use of Enterprise Products and incorporates by reference (i) the ELA Quotation and (ii) the License Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this ELA, the order of precedence for the documents shall be as follows: (i) the ELA Quotation, (ii) Small Enterprise License Agreement, and (iii) the License Agreement. This ELA shall be governed by and construed in accordance with the laws of the state in which Licensee is located without reference to conflict of laws principles, and the USA federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this ELA apply only to the Enterprise Products listed in Table A. Table A List of Enterprise Products Unlimited Ouantities Developer Tools Desktop Software and Extensions ArcGIS Engine AreGIS for Desktop Advanced AreGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS ArcGIS for Desktop Standard Spatial Analyst, ArcGIS Engine Geodatabase Update, ArcGIS for Desktop Basic ArcGIS Network Analyst, ArcGIS Schematics ArcGIS for Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Runtime Standard ArcGIS Spatial Analyst, AreGIS Geostatistical Analyst, ArcGIS Runtime Standard Extensions: ArcGIS 3D Analyst, ArcGIS Publisher, AreGIS Network Analyst, ArcGIS ArcGIS Spatial Analyst, AreGIS Network Analyst Schematics, ArcGIS Workflow Manager for Desktop, ArcGIS Data Reviewer Limited Quantities One (1) Annual Subscription to Esri Developer Network Server Software and Extensions (EDN) Standard* ArcGIS for Server Workgroup and Enterprise One (1) Esri CityEngine Advanced Single Use License (Advanced, Standard, and Basic) One (1) Esri CityEngine Advanced Concurrent Use License ArcGIS for Server Extensions: ArcGIS 3D Analyst, One (1) AreGIS Online Subscription ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager for Server, ArcGIS Image Extension for Server Other Benefits One (1) ArcGIS Online subscription with specified named users and credits as determined in the Level 2 program description Number of Esri User Conference registrations provided annually 2 Number of Tier 1 Help Desk individuals authorized to call Esri 2 Maximum number of sets of backup media, if requested** 2 Virtual Campus Annual User License allowance 5,000 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement (Discount does not apply to Small Enterprise Training Package.) *ELA Maintenance is not provided for these items. **Additional sets of backup media may be purchased for a fee. E214-1 (Level 1) Page I of 6 06/19/2014 Licensee may accept this ELA by signing and returning it with an Ordering Document that matches the ELA Quotation and references this ELA. ADDITIONAL OR CONFLICTING TERMS IN LICENSEE'S ORDERING DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS ELA WILL GOVERN. Unless otherwise mutually agreed to, this ELA is effective as of the date of the last signature on the signature page ("Effective Date"), or if no date is provided with the signature, the date of Esri's receipt of Licensee's Ordering Document incorporating this ELA by reference. This ELA supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Enterprise Products. Except as provided in Article 4-Enterprise Product Updates, no modifications can be made to this ELA. This ELA may be executed in duplicate by the parties. An executed separate signature page transmitted through electronic means, such as fax or e-mail, is valid and binding even if an original paper document bearing each party's original signature is not delivered. Accepted and Agreed: (Licensee) By: Authorized Signature Printed Name: ZAAAMssh OVER A T RM Title: l arxl tat ptittflms Date: Date 41 LICENSEE CONTACT INFORMATION Contact: Telephone: Address: Fax: City, State, Postal Code: E-mail: County: ELA Quotation Number (if applicable): E214-1 (Level 1) Page 2 of 6 06/19/2014 Licensee may accept this ELA by signing and returning it with an Ordering Document that matches the ELA Quotation and references this ELA. ADDITIONAL OR CONFLICTING TERMS IN LICENSEE'S ORDERING DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS ELA WILL GOVERN. Unless otherwise mutually agreed to, this ELA is effective as of the date of the last signature on the signature page ("Effective Date"), or if no date is provided with the signature, the date of Esri's receipt of Licensee's Ordering Document incorporating this ELA by reference. This ELA supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Enterprise Products. Except as provided in Article 4---Enterprise Product Updates, no modifications can be made to this ELA. This ELA maybe executed in duplicate by the parties. An executed separate signature page transmitted through electronic means, such as fax or e-mail, is valid and binding even if an original paper document bearing each party's original signature is not delivered. Accepted and Agreed: (Licensee) r r~ By: Authorized Signature Printed Name: ✓U Y"Mar APOVED A&T7-DM Title: Ashland City Attomey Date: Da #a Z4 -,-r.-a-~-- LICENSEE CONTACT INFORMATION Contact: Telephone: Address: Fax: City, State, Postal Code: E-mail: Country: ELA Quotation Number (if applicable): F214-1 (Level 1) Page 2 of 6 06/19/2014 1.0--ADDiT1ONAL DEFINtTtONS Support. Licensees located in the USA will receive Tier 2 Support from Esri. Licensees outside the USA will In addition to the definitions provided in the License receive Tier 2 Support from an Authorized Distributor Agreement, the following definitions apply to this ELA: located in the Licensee's region. "Deploy" means to redistribute and install the Enterprise Products and related Authorization Codes within 2•l)-t~t)D1T10N:~I. ~R:1N7 OF I~1Ct:NSr Licensee's organization(s). 2.1 Grant of License. Subject to the terms and "ELA Maintenance" means Tier 2 Support, updates, and conditions of this ELA, Esri grants to Licensee a patches provided by Esri or its Authorized Distributor to personal, nonexclusive, nontransferable Term Licensee for the Enterprise Products. License solely to use, copy, and Deploy quantities of the Enterprise Products listed in Table A for the term "ELA Quotation" means the Small Enterprise License provided in Section 3.1-Term (i) for which the Agreement offer letter and quotation provided separately applicable license fees have been paid and (ii) in by Esri or its Authorized Distributor to Licensee. accordance with the License Agreement. "ELA Fee" means the fee set forth in the ELA 2.2 Consultant Access. Esri grants Licensee the right to Quotation. permit Licensee's consultants or contractors to use the Enterprise Products exclusively for Licensee's "Enterprise Products" means the Products identified in benefit. Licensee shall be solely responsible for Table A-List of Enterprise Products and any updates to compliance by consultants and contractors with this such list provided in writing by Esri or its Authorized ELA and shall ensure that the consultant or Distributor. contractor discontinues use of Enterprise Products upon completion of work for Licensee. Access to or "Incident" means a failure of the Software or Online use of Enterprise Products by consultants or Services to operate according to the Documentation contractors not exclusively for Licensees benefit is where such failure substantially impacts operational or prohibited. Licensee may not permit its consultants or functional performance. contractors to install Software or Data on consultant, contractor, or third-party computers or remove "License Agreement" means the applicable license Software or Data from Customer locations, except for agreement incorporated by this reference that is (i) found the purpose of hosting the Software or Data on at littp://Nvww.esri.com/le2al!software-license; composed Contractor Servers for the benefit of Licensee. of the General License Terms and Conditions (E204) and Exhibit 1, Scope of Use (E300); and available in the 3.0--TFRM, TERNtINATiON, AND ExP1RATION installation process requiring acceptance by electronic acknowledgment or (ii) a signed license agreement 3.1 Term. The term of this ELA and all licenses between Esri, Distributor (if applicable), and Licensee hereunder shall commence on the Effective Date and that supersedes such electronically acknowledged license continue for three (3) years, unless this ELA is agreement• terminated earlier as provided herein. Licensee is "Technical Support" means a process to attempt to only authorized to use Deployed Enterprise Products resolve reported Incidents through error correction; during the term of this ELA. No indefinite team or patches; hot fixes; workarounds; replacement deliveries; perpetual license grants are provided with this ELA. or any other type of Enterprise Product corrections or 3.2 No Use upon Expiration or Termination. All modifications. Deployed Enterprise Product licenses and all ELA "Tier 1 Help Desk" means Licensee's point of contact Maintenance, Virtual Campus access, and User fi-om which all Tier 1 Support will be given to Licensee. Conference Registrations terminate on expiration or termination of this ELA. "Tier 1 Support" means the Technical Support provided 3.3 Termination for a Material Breach. Either party by the Tier 1 Help Desk as the primary contact to may terminate this ELA for a material breach by the Licensee in attempted resolution of reported Incidents. other party. The breaching party shall be given a "Tier 2 Support" means the Technical Support provided period of ten (10) days from the date of written notice by Esri or its Authorized Distributor to the Tier 1 Help to cure any material breach. Desk when the Incident cannot be resolved through Tier 1 E214-1 (Level 1) Page 3 of 6 06/19/2014 3.4 Termination for Lack of Funds. For government or a. "Tier I Support Provided by Licensee government-owned entities only, either party may terminate this ELA for Lack of Funds. Lack of Funds 1. Licensee shall provide Tier 1 Support through is the inability of Licensee to secure appropriation of the Tier I Help Desk to all Licensee's authorized funds through the legislative or governing body's users. approval process for annual payments due. 2. The Tier 1 Help Desk will use analysts fully trained in the Software they are supporting. 4.0-ENTERPRISE PRODUCT UPDATES 3. At a minimum, Tier 1 Support will include those 4.1 Future Updates. Esri and its Authorized. Distributor activities that assist the user in resolving how-to reserve the right to update the list of Enterprise and operational questions as well as questions on Products in Table A by providing written notice to installation and troubleshooting procedures. Licensee. Licensee may continue to use all Enterprise Products that have been Deployed, but support and 4. Tier I Support analysts will be the initial points upgrades for deleted items may not be available. As of contact for all questions and Incidents. Tier 1 new Enterprise Products are incorporated into the Support analysts shall obtain a full description of standard program, they will be offered to Licensee each reported Incident and the system via written notice for incorporation into the configuration from the user. This may include Enterprise Products schedule at no additional charge. obtaining any customizations, code samples, or Licensee's use of new or updated Enterprise Products data involved in the Incident. The analyst may requires Licensee to adhere to applicable additional also use any other information and databases that or revised terms and conditions of the License may be developed to satisfactorily resolve Agreement. Incidents. 4.2 Product Life Cycle. During the term of this ELA, If the Tier 1 Help Desk cannot resolve the some Enterprise Products may be retired or may no Incident, an authorized Tier 1 Help Desk longer be available for unlimited quantity individual may contact Tier 2 Support. The Deployment. ELA Maintenance shall be subject to Tier I Help Desk shall provide support in such a the individual Product Life Cycle Support Status and way as to minimize repeat calls and make Product Life Cycle Support Policy, which can be solutions to problems available to Licensee. found at http://support,esri.com/en/content /productlifecvcles. Updates for Enterprise Products in 6. Tier I Help Desk individuals identified by the mature and retired phases may not be available; Licensee are the only individuals authorized to however, Licensee may continue to use Deployed contact Tier 2 Support. Licensee may revise Enterprise Products for the term of this ELA, but named individuals by written notice. Licensee will not be able to Deploy retired Enterprise Products. b. Tier 2 Support Provided by Esri or Its Authorized Distributor 5.0-ELA MAINTENANCE Tier 2 Support shall log the calls received from Tier 1 Help Desk individuals. ELA Maintenance is included with the ELA Fee. ELA Maintenance includes standard maintenance benefits Tier 2 Support shall review all information specified in either (i) the most current applicable Esri collected by and received from Tier 1 Help Desk Standard Maintenance Program document (found at individuals including preliminary documented thttp:/; www.esri.com; legal) for USA-based Licensees or troubleshooting provided by Tier 1 Help Desk (ii) the applicable Authorized Distributor software when Tier 2 Support is required. maintenance policy as modified by this Article 5.0-ELA Maintenance. At Esri's sole discretion, Esri may make 3. Tier 2 Support may request that Tier 1 Help patches, hot fixes, or updates available for download. No Desk individuals provide verification of Software other than the defined Enterprise Products will information, additional information, or answers receive ELA Maintenance. Licensee may acquire to additional questions to supplement any maintenance for other Software (non-Enterprise Products) preliminary information gathering or outside this ELA. troubleshooting performed by Tier I Help Desk. E214-I (Level 1) Page 4 of 6 06119/2014 4. Tier 2 Support shall attempt to resolve the of the anniversary date of the Effective Date, with the Incidents submitted by Tier I Help Desk by initial payment due within thirty (30) calendar days assisting Tier 1 Help Desk individuals. of execution of this ELA. Esri's Federal ID Number is 95-2775-732. 5. When the Incident is resolved, Tier 2 Support b. Upon receipt of the initial Ordering Document from shall communicate the information to Tier I Licensee, Esri shall authorize download of the Help Desk individuals, and Tier I Help Desk Enterprise Products to Licensee for its Deployment shall disseminate the resolution to the user. activities. If requested, Esri will ship backup media to the ship-to address identified on the Order, FOB Destination, with shipping charges prepaid. For those 6.D-ENDORSE. LENT AND PtraLIC11-Y entities that avoid sales tax by downloading deliverables, request for delivery or receipt of This ELA shall not be construed or interpreted as an tangible media may cause license fees to be subject to exclusive dealings agreement or Licensee's endorsement taxes. Licensee acknowledges that should such taxes of Esri or its Authorized Distributor. Licensee agrees that become due, Esri has a right to invoice and Licensee Esri and its Authorized Distributor may publicize the agrees to pay any such sales or use tax associated existence of this ELA upon execution. with its receipt of tangible media. c. Esri shall provide Authorization Codes to activate the nondestructive copy protection program that enables ?.0-AD1IIititS`rI2AT1~'EZ1 IRt✓~IE NTS the Enterprise Products to operate. cl. Licensee shall Deploy, install, configure, and track 7. t OEM Licenses. Under Esri's OEM or Solution OEM the Deployment status of the Enterprise Products. programs, OEM partners are authorized to embed or bundle portions of Esri products and services with 8.2 Order Requirements their application or service. OEM partners' business model, licensing terms and conditions, and pricing a. All orders pertaining to this ELA shall be processed are independent of this ELA. Licensee shall not seek through Licensee's centralized point of contact. any discount from the OEM partner or Esri based on b. The following information shall be included in each the availability of Enterprise Products under this Order (or Ordering Document): ELA. Licensee shall not decouple Esri products or services from the OEM partners' application or (1) Licensee name; Esri customer number, if known; service. and bill-to and ship-to addresses (2) Order number 7.2 Annual Report of Deployments. At each (3) Applicable annual payment due anniversary date and ninety (90) calendar days prior to the expiration date of this ELA, Licensee shall provide a written report detailing all Deployments to 9,0-TRAINING either (a) Esri if Licensee is located in the USA or (b) Authorized Distributor if Licensee is located 9.1 Training Description. Esri offers instructor-led outside the USA. The report will be subject to audit, training related to the use of its proprietary GIS software. Esri will provide to Licensee a fixed 7.3 Renewal. Any follow-on ELA will be offered in number of training days to use for Instructor-Led accordance with then-current ELA pricing and Training, as defined in this Small Enterprise Training license terms and conditions. Package, if purchased. Instructor-Led Training events occur at an Esri Learning Center or via the web in a cloud environment. The Esri software training $.(1--Olti)ERtNG, AD~IiNIS`I'RA'CIt'E; course(s) to be conducted, location, schedule dates, PROCEDI.;RES, DELIVERY, AND and registration requirements are set forth in the Esri DEPLOYMENT Training catalog located on Est-i's Training website (http://trainin¢.esri.com). All courses are conducted 8.1 Orders, Delivery, and Deployment in substantial conformity with course descriptions outlined on the Esri Training website. Esri reserves a. Licensee shall issue an Ordering Document upon the right to modify course content when necessary execution of this ELA and annually thereafter in due to software technical capabilities or limitations. accordance with the ELA Quotation. Payment shall be due and payable within thirty (30) calendar days E214-1 (Level 1) Pale 5 of 6 06/19/2014 9.2 Unique Terms for the Small Enterprise Training Package To order training, Licensee must include training in the Ordering Document fpr the ELA or provide an Ordering Document as required and specified within the ELA that matches the Esri quotation. h. Where Licensee submits an additional Ordering Document to purchase training days for additional year(s), any unused training days will automatically roll over. r. An Ordering Document is required annually for each three (3)-year term. Failure to submit an annual Ordering Document will result in the forfeit of unused training days. d. Licensee must assign an individual within its organization to the role of Training Administrator to serve as liaison between Licensee's organization and Esri as well as internally manage and authorize allocated training days. e. The training days are available for a period of twelve (12) months, commencing on the Effective Date, and ending when all training days are consumed, whichever is sooner. f. Esri will invoice for outstanding training expenses where applicable. Training days are not transferable and not refundable for any other Esri products or services. E214-1 (Level 1) Page 6 of 6 06/19/2014 Page 1 / 1 CITY OF -A5 H LAND DATE PO NUMBER 20 E MAIN ST. 6/1/2016 13553 PwAfa ASHLAND, OR 97520 (541) 488-5300 VENDOR: 003109 SHIP TO: Ashland Public Works ESRI INC (541) 488-5587 FILE # 54630 51 WINBURN WAY LOS ANGELES, CA 90074 ASHLAND, OR 97520 FOB Point: Ashland, Oreqon Req. No.: Terms: Net 30 days Dept.: Req. Del. Date: contact: JASON WEGNER Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext. Price ESRI SOFTWARE MAINTENANCE LICENSE 25,000.00 AGREEMENT TERM 07/01/2016 TO 06/30/2017 APPROVED BY COUNCIL 05/05/2015 YEAR 2 OF 3 YEAR AGREEMENT ACCOUNT NUMBER 710-08-11-00-601-400 PER A/P USE PREPAID ACCOUNT NUMBER FOR 2015, WILL PROCESS JOURNAL ENTRY IN 2016 (B) 710.17000 SUBTOTAL 25 000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 25,000.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount B 710.17000 25 000.00 Authoriz Signature ' VENDOR COPY Page 1 / 1 CITY OF ASHLAND DATE FO-NUMBEk 20 E MAIN ST. 5/15/2015 12872 ASHLAND, OR 97520 r-' (541) 488-5300 VENDOR: 003109 SHIP TO: Ashland Public Works ESRI INC (541) 488-5587 ;FILE # 54630 51 WINBURN WAY LOS ANGELES, CA 90074 ASHLAND, OR 9752Q-/ 01) t FOB Point: Ashland, Oregon Req. No.: Terms: Net 30 days Dept.: Req. Del. Date: Contact: Jason Wegner Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext. Price ESRI Small Municipal and County 25,000.00 Enterprise License Agreement (ELA) is a three year agreement that will grant our organization ongoing access to the existing ESRI software and licenses f ' already deployed at the City of Ashland. The ELA will be effective July 1, 2015 and will require a firm 3-year commitment. ` FY 2017 - $25,000 YF Approved by City Council May 5, 2015 / Account number: 710 08 11 00 601 400 j Per A/P use prepaid account number for 2015, will process journal entry in 2016. 1L (B) 710.17000 &Xt IX L10 4sVL Y ~L\ ~LrV 1 vi . ~ BTOTAL 25 000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 25,000.00 ASHLAND, OR 87520 Account Number Project Number Amount Account Number Project Number Amount B 710.17000 25 000.00 Authorized`Signature VENDOR COPY FORM #3 CITY OF ASHLAND REQUISITION Date of request: 05/26/2016 Required date for delivery: Vendor Name Esri Inc Address, City, State, Zip 380 New York Street Contact Name & Telephone Number Redlands CA 92373 Fax Number SOURCING METHOD Exempt from Competitive Bidding ❑ Emergency VMC2.50 eason for exemption: Yk&0war+e (hb►~~, ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization O!{D Z (Z~ Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached Attach co of council communication If council approval required, attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # El Verbal/Written quote(s) or proposal(s) -(Attach copy of council communication) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Agency ❑ Form #9, Request for Approval ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date - (Attach copy of council communication) Description of SERVICES Total Cost $25,000 ESRI Software Maintenance License Agreement Term: 07/01/2016 to 06/30/2017 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ~ ~ k. crc Gl..- 4 G r- - Af ` TOTAL COST ZPer attached quote/proposal "7 d e-, $25,000 Project Number - - _ _ - - - - - _ Account Number l /0- 09.11-44. 601 q60-- Account Number _ _ _ - _ - - • _ _ _ _ _ _ Account Number------ *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual xpenditu . i IT Director in collaboration with department to approve all hardware and software purchases: '/7- Director Date Suppo -Yes ~No By signing this requisition form, 1 certify that the City's public contracting requirements have been satisfied. Employee: Department Head: t` (Equa, or great than $5,000) Department M pager/Supervisor: City Administrator: c_ ( ual to or greater than $25,000) Funds appropriated for current fiscal year. YES / NO Finance Director- (Equal to or greater than $5,000) Date Comments: Form #3 - Requisition -