HomeMy WebLinkAboutOrdinance 5737ORDINANCE NO. 5737
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVE A THREE YEAR ENTERPRISE
LICENSE AGREEMENT WITH SSRI, INC. IN THE AMOUNT OF $150,000.00
PAYABLE IN INSTALLMENTS OF $50,000.00 PER YEAR FOR GEOGRAPHIC
INFORMATION SYSTEM SOFTWARE
WHEREAS, the City of Fayetteville has had an ongoing relationship with ESRI, Inc. which
has provided software and maintenance for the City's Geographic Information System since the City
first established a Geographic Information System office in 1998; and
WHEREAS, the users of the Geographic Information System, which include staff members
from several City Departments, now outnumber the licenses available under the City's current
contractwith SSRI, Inc., and
WHEREAS, ESRI, Inc. offers a more cost-effective Enterprise License Agreement for cities
with populations under $100,000.00, which includes unlimited desktop and server licenses, as well
as access to additional software products that will enhance the City's Geographic Information
System capabilities and ensure that City staff is able to more quickly and efficiently provide updated
maps and information to the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby determines an
exceptional situation exists in which competitive bidding is deemed not feasible or practical and
therefore waives the requirements of formal competitive bidding and approves a three year
Enterprise License Agreement with ESRI, Inc. in the amount of $150,000.00 payable in installments
of $50,000.00 per year for Geographic Information System software.
PASSED and APPROVED this 20th day of January, 2015.
APPROVED: ATTEST:
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
a 479-575-8323
,;. Text File
File Number: 2015-0007
Agenda Date: 1/20/2015 Version: 1 Status: Passed
In Control: City Council File Type: Ordinance
Agenda Number: C. 2
ESRI, INC. ENTERPRISE LICENSE AGREEMENT:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING
AND APPROVE A THREE YEAR ENTERPRISE LICENSE AGREEMENT WITH ESRI, INC. IN
THE AMOUNT OF $150,000.00 PAYABLE IN INSTALLMENTS OF $50,000.00 PER YEAR FOR
GEOGRAPHIC INFORMATION SYSTEM SOFTWARE
WHEREAS, the City of Fayetteville has had an ongoing relationship with ESRI, Inc. which has
provided software and maintenance for the City's Geographic Information System since the City first
established a Geographic Information System office in 1998; and
WHEREAS, the users of the Geographic Information System, which include staff members from
several City Departments, now outnumber the licenses available under the City's current contract with
ESRI, Inc., and
WHEREAS, ESRI, Inc. offers a more cost-effective Enterprise License Agreement for cities with
populations under 100,000.00, which includes unlimited desktop and server licenses, as well as access
to additional software products that will enhance the City's Geographic Information System capabilities
and ensure that City staff is able to more quickly and efficiently provide updated maps and information
to the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional
situation exists in which competitive bidding is deemed not feasible or practical and therefore waives
the requirements of formal competitive bidding and approves a three year Enterprise License Agreement
with ESRI, Inc. in the amount of $150,000.00 payable in installments of $50,000.00 per year for
Geographic Information System software.
City of Fayetteville, Arkansas Page 1 Printed on 112112015
Greg Mitchell
Submitted By
City of Fayetteville Staff Review Form
2015-0007
Legistar File ID
1/20/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
1/2/2015 Information Technology /
_ Finance & Internal Services Department
Submitted Date Division / Department
Action Recommendation:
WAIVE COMPETITIVE BIDDING AND APPROVE A THREE YEAR CONTRACT WITH ESRI, INC. FOR ENTERPRISE LICENSE
AGREEMENT (ELA) FOR USE OF GIS SOFTWARE. TOTAL COST IS $150,000 PAYABLE OVER THREE YEARS.
Budget Impact:
1010.1710.5416.00 General
Account Number Fund
Project Number Project Title
Budgeted Item? Yes Current Budget $ 354,083.00
Funds Obligated $ -
Current Balance $ 334,083.00
Does item have a cost? Yes Item Cost $ 50,000.00
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget 304,083°00
V20140710
Previous Ordinance or Resolution # 5396
Original Contract Number: Approval Date:
Comments:
CITY OF
01-11
7ayTV1 e
NSAS
MEETING OF JAN 20, 2015
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
FROM: Greg Mitchell, GIS Coordinator
DATE: 1/2/2015
CITY COUNCIL AGENDA MEMO
SUBJECT: Approving three year contract with ESRI, Inc. for GIS software
RECOMMENDATION:
Staff recommends approval of the Resolution.
BACKGROUND:
The Geographic Information Systems (GIS) Office in the Information Technology Department
provides a wide variety of mapping and other geographic services to all City departments. This is
accomplished by using software from ESRI, Inc. which is the world leader in this field. We have
been using their software, also known as "ArcMap", since the City first established a GIS Office in
1998. Existing City Ordinance 5396 waives the requirements of Formal Competitive Bidding for
GIS software.
The City currently licenses a specific list of software products from ESRI, including server and
desktop products. This software is used by City staff and to provide maps to the public. This
proposal would move the city to an Enterprise License which provides for unlimited use of
several core products that we already use, plus access to several other products that we do not
currently license.
DISCUSSION:
In recent years there has been an explosion of interest in mapping as evidenced by the
popularity of Google Maps. This is not an accident, but a logical result of the power of
interactive mapping on computers. The GIS Office is striving to keep up with the demand for
modern, efficient mapping products that enable our staff and citizens to stay informed and
productive. This requires, among other things, updated software technology to ensure
continued reliable service.
ESRI offers an "Enterprise License Agreement" ("ELA") for cities under 100,000 population for
$50,000 a year on a three year contract; our current ESRI licensing cost is approximately $30,000
per year. The ELA gives us:
Mailing Address:
113 W. Mountain Street www.tayetteville-ar.gov
Fayetteville, AR 72701
Unlimited desktop licenses.
"Desktop" licenses provide the core capacity for City staff to view and edit
geographic information. These licenses are used by GIS, Planning,
Engineering, Police, Fire, Parks and Recreation, Transportation, Sustainability
and Resilience, and Recycling and Trash Collection.
i. We currently do not have enough licenses for all the users who need them.
Some have had to do without, while others have Virtual Machines (VM) that
are shared among multiple users. This uses up IT resources for the VMs, and
means that only one person at a time can use that license.
ii. Utility Department: We are ramping up here to catch up with water and sewer
improvements that have not been entered into the GIS, which will likely
require additional seats.
iii. Water Modeling: Our water modeling software is currently being run by an
outside consultant; when we bring it in-house we will need at least one more
ESRI license.
iv. We also have very limited capacity in several other divisions that likely could
use more: Transportation has one license, Recycling and Trash has one, for
example. A staff member in the Fire Marshal's office has obtained a license at
his own expense.
v. We could also provide licenses to Council members, Planning Commission
member, etc. should they want one.
Unlimited server licenses.
GIS "Servers" are used to store data used by the GIS, and to create and store
geographic data that can be displayed by web pages and mobile apps. We
currently have two servers, one dedicated to data storage, the other to web
mapping.
i. It is standard IT operating procedure to have "staging" servers where
changes, upgrades, etc. can be tested before going live —we don't have
these, as each requires an additional $10,000 server license. As we
become more and more dependent on our web maps, this testing
become critical, not just a nice option.
ii. For example, our water and sewer repair crews, meter readers, and
others use specialized web maps on their phones and tablets as they
work in the field; they are really hampered when they don't work.
iii. Our web maps are serious work tools for professionals as well:
surveyors, real estate professionals, engineers, and others depend on
our web capabilities to perform their jobs effectively.
iv. Even more critically, the Fire Department has tablets in all their vehicles
that supplies them with locations of hydrants, key boxes, alarm
locations, and other information that they have mapped during their
pre -fire inspections. This is worthless if the servers are down.
v. We have budgeted $35,000 this year for a new map data server. This
license will allow us to take full advantage of that investment.
ArcGIS Online licenses — This will continue the ability we already have to
leverage the online capabilities that ESRI offers. For example, our new
Fayetteville Art Walk app is hosted by ArcGIS Online. This will continue to
increase in importance as ESRI improves its functionality.
Other products we don't currently have:
i. Image server — Speeds up processing and access of imagery and other
scanned documents (plats, as-builts). We have been interested in this
product for several years as it should reduce the many hours we spend
every year processing aerial imagery, and possibly speed up some of
our other operations as well.
ii. Routing Server extensions — that would allow us to host our own
routing software. We currently use a routing service available through
ArcGIS Online, but hosting our own would allow us to customize it for
biking or walking routes, which we currently can't do.
iii. CityEngine — this is a 3D program that can be used for planning and
visualization. For example, it can produce interactive 3D maps of
proposed high-rise buildings, allowing a virtual view of how they would
impact their surroundings.
iv. ArcGIS Data Reviewer — Helps define workflows for Quality Control
purposes.
COST COMPARISON
The following table compares products and costs between two ways of purchasing ESRI
software. Our current annual cost is approximately $30,000; an ELA costs $50,000. Listed under
"Description" are software products that we might reasonably use in the next year if they were
within budget. The ELA allows unlimited licenses of these products, so they are included in the
ELA. Under our current contract, each of these products has an additional purchase cost, and
then a maintenance cost that is typically 20% of the purchase cost — these are shown in the
second and third columns.
Based on the estimates in the table, if we were to purchase all these products in one year, the
ELA would save us $47,000 that year. Thereafter, we would be paying $5,300 a year more for the
ELA than we would to pay the maintenance on those products. It would take about nine years
to use up the savings we made, assuming no other products were used. If, after three years we
discontinue the ELA, we can keep the products we're using by continuing to pay the
maintenance fee for it. This ends up a plus for us because the initial purchase cost was included
in the ELA.
Description
Base cost
Desktop licenses
Engineering (3)
Police (3)
Fire (2)
Planning (1)
Utilities (2)
GIS (1)
Network Analyst
3D Analyst
ArcServer (Staging)
ArcSDE (Staging)
ArcServer Routing
Data Reviewer
CityEngine
ImageServer
TOTAL
Year 2, 3:
Year 1 Cost Maintenance ELA
30,000 30,000 50,000
BUDGETISTAFF IMPACT:
Included in 2015 IT budget request.
Attachments:
ESRI Contract
4,500
1,200
4,500
1,200
3,000
800
1,500
400
3,000
800
5,000
1,200
2,500
500
2,500
500
10,000
2,000
10,000
2,000
4,000
800
2,500
500
4,000
800
10,000
2,000
$97,000
$44,700.00 $50,000
4
December 19, 2014
Mr. Greg Mitchell
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Dear Greg,
The Esri Small Municipal and County Government Enterprise License Agreement (ELA) 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 ELA for the term of the agreement. The ELA
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 license agreement.
An ELA 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 ELA.
• If your organization wishes to acquire and/or maintain any Esri software during the term of the
agreement that is not included in the ELA, 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 ELA 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
Redlands, California 92373-8100 usA info@esri.com esri.com
• Esri software and updates that the organization is licensed to use will be automatically available
for downloading.
• The organization will act as an Esri reference site and will permit Esri to publicize its use of Esri
software and services.
• The fee and benefits offered in this ELA proposal are contingent upon your acceptance of Esri's
Small Municipal and County Government ELA terms and conditions.
• Licenses are valid for the term of the ELA.
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 ELA offer:
Sign and return the signature page of the ELA with a Purchase Order or issue a Purchase
Order that references this ELA 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
ELA, AND ADDITIONAL TERMS AND CONDITIONS IN THIS PURCHASE ORDER
WILL NOT APPLY." Have it signed by an authorized representative of the organization.
On the first page of the ELA, 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-ELA
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,
NJ
Jean Jeannotte
Small Government ELA
0 esri
Quotation # 20461697
Date: December 19, 2014
ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC.
Customer # 23472 Contract #
St Louis Regional Office, 3060 Little Hills Expressway
City of Fayetteville
St Charles, MO 63301
Information Technology Dept
Phone: (636) 949-6620 Fax: (636) 949-6735
113 W Mountain
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
FAR AR 72701
Fayetteville,
To expedite your order, please attach a copy of
ATTENTION: Greg Mitchell
this quotation to your purchase order.
PHONE: (479) 444-3431
Quote is valid from: 12/19/2014 To: 03/19/2015
FAX: (479) 575-8316
Material Qty
Description
Unit Price
Total
110037 1
Populations of 50,001 to 100,000 Small Government Term Enterprise
50,000.00
50,000.00
License Agreement - Year 1
110037 1
Populations of 50,001 to 100,000 Small Government Term Enterprise
50,000.00
50,000.00
License Agreement - Year 2
110037 1
Populations of 50,001 to 100,000 Small Government Term Enterprise
50,000.00
50,000.00
License Agreement - Year 3
Item Total:
150,000.00
Subtotal:
150,000.00
Sales Tax:
0.00
Estimated Shipping & Handling(2 Day Delivery) :
0.00
Contract Pricing
Adjust:
0.00
Total:
$150,000.00
The following items are optional items listed for your convenience.
These items are not included in the totals of this quotation.
Material Qty
Description
Unit Price
Total
116996 1
Small Enterprise License Agreement Training Package Add -On at ESRI
2,500.00
2,500.00
Site 15 Days Prepaid ILT / ILV, Over 3 Year Term, per Student Seat, 5
Days per Annum Over 3 Year Term Instructor Led Training
116997 1
Small Enterprise License Agreement Training Package at ESRI Site 21
3,500.00
3,500.00
Days Prepaid ILT / ILV, Over 3 Year Term, Per Student Seat, 7 Days per
Annum Instructor Led Training
116998 1 Small Enterprise License Agreement Training Package Add -On at ESRI 5,000.00 5,000.00
Site 30 Days Prepaid ILT / ILV, Over 3 Year Term, Per Student Seat, 10
Days per Annum Instructor Led Training
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
IFor questions contact: Jean Jeannotte Email: iieannotte@esri.com Phone: (636) 949-6620 x8526
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
JEANNOTTEJ This offer is limited to the terms and conditions incorporated and attached herein.
SMALL
ENTERPRISE LICENSE AGREEMENT
COUNTY AND MUNICIPALITY
Authorized Distributor/Esri Use
Only:
Cust. Name
Cust. #
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 Services 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 Quantities
Desktop Software and Extensions
ArcGIS for Desktop Advanced
ArcGIS for Desktop Standard
ArcGIS for Desktop Basic
ArcGIS for Desktop Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS
Schematics, ArcGIS Workflow Manager for Desktop,
ArcGIS Data Reviewer
Server Software and Extensions
ArcGIS for Server Workgroup and Enterprise
(Advanced, Standard, and Basic)
ArcGIS for Server Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS
Workflow Manager for Server, ArcGIS Image Extension
for 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 Standard Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Network Analyst
Limited Quantities
One (1) Annual Subscription to Esri Developer Network
(EDN) Standard*
One (1) Esri CityEngine Advanced Single Use License
One (1) Esri CityEngine Advanced Concurrent Use License
One (1) ArcGIS Online Subscription
Other Benefits
One (1) ArcGIS Online subscription with specified named users and credits as determined in the
program description
Level 4
Number of Esri User Conference registrations provided annually
4
Number of Tier I Help Desk individuals authorized to call Esri
4
Maximum number of sets of backup media, if reguested**
2
Virtual Campus Annual User License allowance
10,000
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.
E214-3 (Level 3) Page 1 of6 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:
Title:
Date: I' l
LICENSEE CONTACT INFORMATION
Contact:
Address:
City, Stai
Country: AHr
ELA Quotation Number (if applicable):
Telephone: LL,4 4L L L4
Fax: "' R
E214-3 (Level 3) Page 2 of 6 06/19/2014
1.0 —ADDITIONAL DEFINITIONS
In addition to the definitions provided in the License
Agreement, the following definitions apply to this ELA:
"Deploy" means to redistribute and install the Enterprise
Products and related Authorization Codes within
Licensee's organization(s).
"ELA Maintenance" means Tier 2 Support, updates, and
patches provided by Esri or its Authorized Distributor to
Licensee for the Enterprise Products.
"ELA Quotation" means the Small Enterprise License
Agreement offer letter and quotation provided separately
by Esri or its Authorized Distributor to Licensee.
"ELA Fee" means the fee set forth in the ELA
Quotation.
"Enterprise Products" means the Products identified in
Table A —List of Enterprise Products and any updates to
such list provided in writing by Esri or its Authorized
Distributor.
"Incident" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational or
functional performance.
"License Agreement" means the applicable license
agreement incorporated by this reference that is (i) found
at http://www.esri.com/legal/software-license; composed
of the General License Terms and Conditions (E204) and
Exhibit 1, Scope of Use (E300); and available in the
installation process requiring acceptance by electronic
acknowledgment or (ii) a signed license agreement
between Esri, Distributor (if applicable), and Licensee
that supersedes such electronically acknowledged license
agreement.
"Technical Support" means a process to attempt to
resolve reported Incidents through error correction;
patches; hot fixes; workarounds; replacement deliveries;
or any other type of Enterprise Product corrections or
modifications.
"Tier 1 Help Desk" means Licensee's point of contact
from which all Tier I Support will be given to Licensee.
"Tier I Support" means the Technical Support provided
by the Tier I Help Desk as the primary contact to
Licensee in attempted resolution of reported Incidents.
"Tier 2 Support" means the Technical Support provided
by Esri or its Authorized Distributor to the Tier I Help
Desk when the Incident cannot be resolved through Tier I
Support. Licensees located in the USA will receive Tier 2
Support from Esri. Licensees outside the USA will
receive Tier 2 Support from an Authorized Distributor
located in the Licensee's region.
2.0 —ADDITIONAL GRANT OF LICENSE
2.1 Grant of License. Subject to the terms and
conditions of this ELA, Esri grants to Licensee a
personal, nonexclusive, nontransferable Term
License solely to use, copy, and Deploy quantities of
the Enterprise Products listed in Table A for the term
provided in Section 3.1 —Term (i) for which the
applicable license fees have been paid and (ii) in
accordance with the License Agreement.
2.2 Consultant Access. Esri grants Licensee the right to
permit Licensee's consultants or contractors to use the
Enterprise Products exclusively for Licensee's
benefit. Licensee shall be solely responsible for
compliance by consultants and contractors with this
ELA and shall ensure that the consultant or
contractor discontinues use of Enterprise Products
upon completion of work for Licensee. Access to or
use of Enterprise Products by consultants or
contractors not exclusively for Licensee's benefit is
prohibited. Licensee 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 Licensee.
3.0 —TERM, TERMINA'T'ION, AND EXPIRATION
3.1 Term. The term of this ELA and all licenses
hereunder shall commence on the Effective Date and
continue for three (3) years, unless this ELA is
terminated earlier as provided herein. Licensee is
only authorized to use Deployed Enterprise Products
during the term of this ELA. No indefinite term or
perpetual license grants are provided with this ELA.
3.2 No Use upon Expiration or Termination. All
Deployed Enterprise Product licenses and all ELA
Maintenance, Virtual Campus access, and User
Conference Registrations terminate on expiration or
termination of this ELA.
3.3 Termination for a Material Breach. Either party
may terminate this ELA for a material breach by the
other party. The breaching party shall be given a
period of ten (10) days from the date of written notice
to cure any material breach.
E214-3 (Level 3) Page 3 of 6 06/19/2014
3.4 Termination for Lack of Funds. For government or
government -owned entities only, either party may
terminate this ELA for Lack of Funds. Lack of Funds
is the inability of Licensee to secure appropriation of
funds through the legislative or governing body's
approval process for annual payments due.
4.0 -ENTERPRISE PRODUCT UPDATES
4.1 Future Updates. Esri and its Authorized Distributor
reserve the right to update the list of Enterprise
Products in Table A by providing written notice to
Licensee. Licensee may continue to use all Enterprise
Products that have been Deployed, but support and
upgrades for deleted items may not be available. As
new Enterprise Products are incorporated into the
standard program, they will be offered to Licensee
via written notice for incorporation into the
Enterprise Products schedule at no additional charge.
Licensee's use of new or updated Enterprise Products
requires Licensee to adhere to applicable additional
or revised terms and conditions of the License
Agreement.
4.2 Product Life Cycle. During the term of this ELA,
some Enterprise Products may be retired or may no
longer be available for unlimited quantity
Deployment. ELA Maintenance shall be subject to
the individual Product Life Cycle Support Status and
Product Life Cycle Support Policy, which can be
found at http://support.esri.com/en/content
/productlifecycles. Updates for Enterprise Products in
the mature and retired phases may not be available;
however, Licensee may continue to use Deployed
Enterprise Products for the term of this ELA, but
Licensee will not be able to Deploy retired Enterprise
Products.
5.0-ELA MAINTENANCE
ELA Maintenance is included with the ELA Fee. ELA
Maintenance includes standard maintenance benefits
specified in either (i) the most current applicable Esri
Standard Maintenance Program document (found at
http//www.esri .com/legal) for USA -based Licensees or
(ii) the applicable Authorized Distributor software
maintenance policy as modified by this Article 5.0—ELA
Maintenance. At Esri's sole discretion, Esri may make
patches, hot fixes, or updates available for download. No
Software other than the defined Enterprise Products will
receive ELA Maintenance. Licensee may acquire
maintenance for other Software (non -Enterprise Products)
outside this ELA.
a. Tier I Support Provided by Licensee
1. Licensee shall provide Tier I Support through
the Tier I Help Desk to all Licensee's authorized
users.
2. The Tier 1 Help Desk will use analysts fully
trained in the Software they are supporting.
3. At a minimum, Tier I Support will include those
activities that assist the user in resolving how-to
and operational questions as well as questions on
installation and troubleshooting procedures.
4. Tier 1 Support analysts will be the initial points
of contact for all questions and Incidents. Tier I
Support analysts shall obtain a full description of
each reported Incident and the system
configuration from the user. This may include
obtaining any customizations, code samples, or
data involved in the Incident. The analyst may
also use any other information and databases that
may be developed to satisfactorily resolve
Incidents.
5. If the Tier 1 Help Desk cannot resolve the
Incident, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk shall provide support in such a
way as to minimize repeat calls and make
solutions to problems available to Licensee.
6. Tier I Help Desk individuals identified by
Licensee are the only individuals authorized to
contact Tier 2 Support. Licensee may revise
named individuals by written notice.
b. Tier 2 Support Provided by Esri or Its Authorized
Distributor
1. Tier 2 Support shall log the calls received from
Tier I Help Desk individuals.
2. Tier 2 Support shall review all information
collected by and received from Tier I Help Desk
individuals including preliminary documented
troubleshooting provided by Tier I Help Desk
when Tier 2 Support is required.
3. Tier 2 Support may request that Tier I Help
Desk individuals provide verification of
information, additional information, or answers
to additional questions to supplement any
preliminary information gathering or
troubleshooting performed by Tier I Help Desk.
E214-3 (Level 3) Page 4 of 6 06/19/2014
4. Tier 2 Support shall attempt to resolve the
Incidents submitted by Tier I Help Desk by
assisting Tier I Help Desk individuals.
5. When the Incident is resolved, Tier 2 Support
shall communicate the information to Tier I
Help Desk individuals, and Tier I Help Desk
shall disseminate the resolution to the user.
6.0 —ENDORSEMENT AND PUBLICITY
This ELA shall not be construed or interpreted as an
exclusive dealings agreement or Licensee's endorsement
of Esri or its Authorized Distributor. Licensee agrees that
Esri and its Authorized Distributor may publicize the
existence of this ELA upon execution.
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 ELA. Licensee shall not seek
any discount from the OEM partner or Esri based on
the availability of Enterprise Products under this
ELA. Licensee shall 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 date of this ELA, Licensee shall
provide a written report detailing all Deployments to
either (a) Esri if Licensee is located in the USA or
(b) Authorized Distributor if Licensee is located
outside the USA. The report will be subject to audit.
7.3 Renewal. Any follow-on ELA will be offered in
accordance with then -current ELA pricing and
license terms and conditions.
8.0 —ORDERING, ADMINISTRATIVE
PROCEDURES, DELIVERY, AND
DEPLOYMENT
8.1 Orders, Delivery, and Deployment
a. Licensee shall issue an Ordering Document upon
execution of this ELA and annually thereafter in
accordance with the ELA Quotation. Payment shall
be due and payable within thirty (30) calendar days
of the anniversary date of the Effective Date, with the
initial payment due within thirty (30) calendar days
of execution of this ELA. Esri's Federal ID Number
is 95-2775-732.
b. Upon receipt of the initial Ordering Document from
Licensee, Esri shall authorize download of the
Enterprise Products to Licensee for its Deployment
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
entities that avoid sales tax by downloading
deliverables, request for delivery or receipt of
tangible media may cause license fees to be subject to
taxes. Licensee acknowledges that should such taxes
become due, Esri has a right to invoice and Licensee
agrees to pay any such sales or use tax associated
with its receipt of tangible media.
c. Esri shall provide Authorization Codes to activate the
nondestructive copy protection program that enables
the Enterprise Products to operate.
d. Licensee shall Deploy, install, configure, and track
the Deployment status of the Enterprise Products.
8.2 Order Requirements
a. All orders pertaining to this ELA shall be processed
through Licensee's centralized point of contact.
b. The following information shall be included in each
Order (or Ordering Document):
(1) Licensee name; Esri customer number, if known;
and bill -to and ship -to addresses
(2) Order number
(3) Applicable annual payment due
9.0 —TRAINING
9.1 Training Description. Esri offers instructor -led
training related to the use of its proprietary GIS
software. Esri will provide to Licensee a fixed
number of training days to use for Instructor -Led
Training, as defined in this Small Enterprise Training
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
course(s) to be conducted, location, schedule dates,
and registration requirements are set forth in the Esri
Training catalog located on Esri's Training website
(http://training.esri.com). All courses are conducted
in substantial conformity with course descriptions
outlined on the Esri Training website. Esri reserves
the right to modify course content when necessary
due to software technical capabilities or limitations.
E214-3 (Level 3) Page 5 of 6 06/19/2014
9.2 Unique Terms for the Small Enterprise Training
Package
a. To order training, Licensee must include training
in the Ordering Document for the ELA or
provide an Ordering Document as required and
specified within the ELA that matches the Esri
quotation.
B. Where Licensee submits an additional Ordering
Document to purchase training days for
additional year(s), any unused training days will
automatically roll over.
c. 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.
g. Training days are not transferable and not
refundable for any other Esri products or
services.
E214-3 (Level 3) Page 6 of 6 06/19/2014
RECEIVED
FEB 02 2015
ATrn-ruwrr'e-r A n it A 1c A c
CITY OF FAYETTEVILLE
CITY CLERKS OFFICE
DemocratV"Wl�azjcfte'
0.O. BOX 1607. FAY TTEV'ILL.L. AR,72702 - 479 44.2-17OO FAX: 47969E -i118 - WWW.NWADG.COM
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat Gazette, printed and published in
Washington and Benton County, Arkansas, and of bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 5737
Was inserted in the Northwest Arkansas Democrat
Gazette on:
January 29, 2015
Publication Charges: $103.76
Karen Cater
Subscribed and sworn to before me
This 19 day of 2015.
Notary Public
My Commission Expires:
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
CATHY WILES
Arkansas - Benton County
Notary Public. Comm# 12397118
My Commission Expires Feb 20, 2024