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Home My WebLink About16-04 RESOLUTION• RESOLUTION NO.16-04 A RESOLUTION APPROVING THE ANNUAL MAINTENANCE AGREEMENT IN THE AMOUNT OF $20,692.30 WITH ESRI, INC. FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) SOFTWARE MAINTENANCE AND UPGRADES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the Annual Maintenance Agreement in the amount of $20,692.30 with ESRI, Inc. for Geographic Information System (GIS) software maintenance and upgrades. PASSED and APPROVED this 3rd day of February, 2004. ... ESey !fir A .4, r7 'VA •r, � � 1-10;iST: J BY: SONDRA SMITH, City Clerk APPROVED: By: DAN COODY, Mayor ESRI ESRI, 380 New York St., Redlands, CA 92373-8100 USA • TEL 909-793-2853 • FAX 909-793-5953 SOFTWARE MAINTENANCE AGREEMENT Software Maintenance Agreement No. 2000M2022 This Software Maintenance Agreement ("Agreement") is between the licensee printed below ("Licensee") and Environmental Systems Research Institute, Inc. ("ESRI"). DEFINITIONS "Software" means the actual copy of all or any potion of the final commercial release(s) of ESRI® proprietary geographic information system software technology, computer software code, components, dynamic link libraries, and programs delivered on any media, whether provided in source, object, or executable code format(s), inclusive of backups. updates. or upgrades supplied under this Agreement. ARTICLE 1—TERM AND FEE The initial term of this Agreement shall begin on receipt of order (renewal date) and shall continue for twelve (12) consecutive months at the fee(s) noted in the ESRI Quotation. Thereafter, Licensee may continue the service for annual maintenance and update at the then current fee. Should Licensee decide to extend this Agreement, Licensee shall issue a purchase order in advance of the renewal date at the quoted price. Payment is due annually in advance. Licensee agrees to pay ESRI invoices within thirty (30) days of receipt. ARTICLE 2—SOFTWARE MAINTENANCE AND UPDATE SERVICE ESRI will supporlfmaintain the Software for a period of twelve (12) months. Software support and maintenance will apply only to unmodified Software and to commercially released updated versions of the Software. Software updates are provided only for standard hardware platforms and operating systems supported by ESRI as described in the Software documentation. Licensee is responsible for making or arranging for updates to interfaces for nonstandard devices or custom applications. ESRI support and maintenance will be provided in compliance with the ESRI Support Services Policy on the ESRI Web site at www.esri.corn/support under "Support Services Brochures." ESRI supports users with the installation and maintenance of ESRI Software, assistance in solving problems arising from the use of the Software, hardware interfacing of peripheral devices. and logging of enhancement requests and bugs submitted by the user. Licensee may contact Technical Support at ESRI Technical Support Center Internet: Request Support Fax: 909-792-0960 Telephone: 909-793-3774 Hours: 6:00 a.m. to 6:00 p.m. Pacific Time (Monday through Friday, except ESRI holidays) ARTICLE 3—TERMINATION This Agreement may be terminated by either party giving the other party thirty (30) days notice of intent to terminate prior to the end of the term identified in Article 1. ARTICLE 4—LIMITATION OF LIABILITY AND REMEDIES ESRI will use commercially reasonable efforts to provide corrections or work -around solutions for any errors reported and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND. EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY. FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEES NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE. OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If ESRI fails to fulfill its obligations under this Agreement, Licensee's sole and exclusive remedy is the right to terminate this Agreement immediately for the affected Software. IN NO EVENT SHALL ESRI BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES: LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES: INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR ESRI is a trademark, registered trademark, or service mark of ESRI in the United States. the European Community, or certain other jurisdictions. CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USE OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED. ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. ARTICLE 5—LICENSE Maintenance and support is provided subject to the terms and conditions of the then - current General License Terms and Conditions and Exhibit I, the terms of which will be indicated on ESRI's Web site or enclosed in the deliverable's packaging- depending on the method of delivery. Licensee may only use the type and number of copies of the Software, data, and documentation for which the appropriate license fees have been paid to ESRI and in accordance with the General License Terms and Conditions, Exhibit 1, and the licensed configuration on file with ESRI Customer Service. Licensee may not assign the rights granted hereunder, or any of them, without the prior written consent of ESRI. ARTICLE 6—APPLICABLE LAWS The laws of the State of California and rules and regulations issued pursuant thereto shall be applied in the interpretation. execution, and enforcement of this Agreement. ARTICLE 7—ENTIRE AGREEMENT This Agreement constitutes the sole and entire agreement of the parties as to the subject matter set forth herein and supersedes any previous agreements, understandings, and arrangements between the parties relating to such subject matter. Any modification(s) or amendment(s) to this Agreement must be in writing and signed by an authorized representative of each party. The parties have agreed to these terms and have executed this Agreement on the dale last signed below. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and effective as of the last di written below. •Y MIL LLf E (Licensee) By: Authorized S_n' re Printed Name: La Title: 1 —L Kl y0 (v Date: ENVI ONMENTAL SYSTEMS RESEAR (ESRIBy: re Print el `�'e: Jacquelyn Ricks Title: Contacts .Admi'strator Date: 3- fI — I C- ,_t_,f Licensee Contact Information Contact: s?% t + I �14Add �-1_ l.Y b*ttDN Installation Address: 113 W. Mountain City. State, ZIP: Fayetteville- AR 72701 5-7 5-83io Telephone: Fax: E-mail: ITHelpdesk @CI. Fayetteville.AR.US ESRI Quotation No. 25091018 Master License Agreement No. 2000MLA2022 2000M2022 JR 2/13/04 • • NAME OF FILE: Resolution No. 16-04 w/ESRI Agreement CROSS REFERENCE: Item # Date Document 1 01/07/04 memo to mayor 2 draft resolution 3 copy of fax from ESRI re: Maintenance Quote 4 10/2/03 quotation 5 staff review 6 memo to Scott Huddleston 7 memo to Brad Fulmer 8 copy of purchase requisition 9 letter from ESRI NOTES: FAYETTEVIQLE THE CITY OF FAYETTEVILLE, ARKANSAS • January 27, 2004 Agenda Session January 7, 2004 TO: Mayor Coody THRU: Steve Davis, Finance and Internal Services Director FROM: Scott Huddleston. Information Technology Manager < SUBJECT: AGENDA ITEMS TO APPROVE PURCHASE REQUESTS TO HANSEN INFORMATION TECHOLOGIES AND .ESRI .EOR 2004SER\ICE.AND,MAINENANCE:FEES: Recommendations: Staff recommends approval of purchase requests to Hansen Information Technologies and ESRI for 2004 Service and Maintenance Fees. Discussion: Service and Maintenance fees are necessary to keep our software current. These fees allow the City to receive updates and enhancements to the software as they become available. In addition, Service and Maintenance fees provide technical phone support and problem troubleshooting and resolution. The software products that we have purchased from Hansen and ESRI are essential to the City's day to day operations and it is important that we keep these assets current. Background: January 15, 2002, City Council approved a resolution (7-02) contracting with Hansen Information Technologies for purchase of software and professional services for installation and training. Installation began in March of 2002, and the first module went live in April of 2002. Installation of all modules was completed by year end 2002. The Hansen software provides modules and applications utilized by the City for many daily operations. Hansen applications include Building Permits and Inspections, Code Enforcement, Planning, Customer Service, Asset Management, Work Orders, and Citizen Requests for Service processed from the web. To date the system has been used to process over 9,000 Customer Service Requests, approximately 990 Code Enforcement Cases, approximately 6,800 Building Applications, and over 20,000 Inspections. The City began using ESRI software products im 1996. ESRI provides software utilized for the development, analysis and utilization of the City's Geographic Information System(GIS) data. All maps and analysis of the City's geographic information are stored and produced through the utilization of ESRI software products. The City is currently involved in a joint project with ESRI and Washington County to develop a single source location for information related to all Land Records. 113 WEST MOUNTAIN 72701 501 521-7700 • • RESOLUTION NO. A RESOLUTION APPROVING THE ANNUAL MAINTENANCE AGREEMENT IN THE AMOUNT OF $20,692.30 WITH ESRI, INC. FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) SOFTWARE MAINTENANCE AND UPGRADES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the Annual Maintenance Agreement in the amount -6 $20,692.30 with ESRI, Inc. for Geographic Information System (G S) s6ftw"'ar maintenance and upgrades. PASSED and APPROVED this 3rd day of February, 20004. PPROVED: AN C ,0DY, Mayor ATTEST: By SMITH, City Clerk Date: 10/2/2003 Time: 12:01 PM To: @ 14795758316 Page: 0- 005 • ESRI Inc 380 New York Street REDLANDS CA 92373 SUBJECT: MAINTENANCE QUOTE DATE: TO: ORGANIZATION: FAX #: FROM: FAX #: EMAIL: 10/02/2003 JOHN GODDARD CITY OF FAYETTEVILLE INFORMATION TECHNOLOGY DEPT 479-575-8316 PHONE #: 479-575-8219 Ki Lyons 909-307-3083 klyons@esri.com PHONE #: 888-377-4575 Ext 1225 Number of pages transmitted (including this cover sheet): 5 QUOTATION #25091018 Please find the attached quotation for your forthcoming software support term. As you know, keeping your support current entitles you to exclusive benefits that may include technical support, software upgrades, and User Conference registrations. Please contact me if you need information about the entitlements that are specific to the programs you are participating in. pate: 10/2/2003 Time: 12:01 PM To: Page: 002-005 ESRI Date: 10/02/2003 • 380 New York Street REDtANDS, CA 92373 Phone: 888-377-45751225 Fax #: 909-3073083 e 14795758316 Quotation Number 25091018 • Quotation JOHN GODDARD CITY OF FAYETTEVILLE INFORMATION TECHNOLOGY DEPT 113 W MOUNTAIN FAYETTEVILLE AR 72701 Attn: JOHN GODDARD Customer Number: 23472 Send Purchase Orders To: ESRI, Inc. 380 New York Street Redlands, CA 92373-8100 Attn: Ki Lyons Please include the following remittance address on your Purchase Order: ESRI Inc. File #54630 Los Angeles, CA 90074-4630 Item Qty Product#Description Unit Price Extended Price YOUR CUSTOMER SERVICE REPRESENTATIVE 10 1 52384 MAINT,PRIM,AI,FL Arclnfo Floating Primary Maintenance Start Date: 01/16/2004 End Date: 01/15/2005 Hardware Platform: WINDOWS NT -INTEL 20 2 52385 MAINT,SCNDRY,AI,FL Arclnfo Floating Secondary Maintenance Start Date: 01/16/2004 End Date: 01/15/2005 Hardware Platform: WINDOWS NT -INTEL IS KI LYONS AT (888)377-4575 EXT 122 3,000.00 3,000.00 1,200.00 2,400.00 40 1 52390 MAINT,PRIM,NET,FL 500.00 500.00 Network Floating Primary Maintenance Start Date: 01/16/2004 End Date: 01/15/2005 Hardware Platform: WINDOWS NT -INTEL 50 1 52396 MAINT,PRIM,COGO,FL ArcCOGO Floating Primary Maintenance Start Date: 01/16/2004 End Date: 01/15/2005 Hardware Platform: WINDOWS NT -INTEL 500.00 500.00 This quotation is valid for 90 days. 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 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 junsdiclian Issued By: Ki Lyons Ext: 1225 To expedte your order, please reference your customer number and this quotation number on your purchase order. ILYONSKI Date: 10/2/2003 Time: 12:01 PM To: 8 14795758316 Page: 00005 ESRI • 380 New York Street REDLANDS, CA 92373 Quotation Phone: 888.377.45751225 Page 2 Fax #: 909-307-3083 Date: 10/02/2003 Quotation Number: 25091018 Item Qty Product#Description Unit Price Extended Price 60 1 52397 MAINT,SCNDRY,COGO,FL ArcCOGO Floating Secondary Maintenance Start Date: 01/16/2004 End Date: 01/15/2005 Hardware Platform: WINDOWS NT -INTEL 200.00 200.00 70 1 64820 MAINT,APRS FOR AG 200.00 200.00 ArcPress for ArcGIS Maintenance Start Date: 01/16/2004 End Date: 01/15/2005 Hardware Platform: GENERIC DESKTOP 80 1 85057 MAINT,AIMS STD ED,SRVR/CPU LIC ArcIMS Standard Edition Server CPU Maintenance Start Date: 01/16/2004 End Date: 01/15/2005 Hardware Platform: GENERIC DESKTOP 90 4 87192 MAINT,PRIM,AV,8X,SU ArcView 8.X Single Use Primary Maintenance Start Date: 01/16/2004 End Date: 01/15/2005 Hardware Platform: GENERIC DESKTOP 100 6 87193 MAINT,SCNDRY,AV,8X,SU ArcView 8.X Single Use Secondary Maintenance Start Date: 02/20/2004 End Date: 01/15/2005 Hardware Platform: GENERIC DESKTOP 110 26 87193 MAINT,SCNDRY,AV,BX,SU ArcView 8.X Single Use Secondary Maintenance Start Date: 01/16/2004 End Date: 01/15/2005 Hardware Platform: WINDOWS NT -INTEL 1, 500.00 1, 500.00 400.00 1,600.00 182.05 1,092.30 200.00 5,200.00 130 1 87198 MAINT,PRIM,AG 3D,CU 500.00 ArcGIS 3D Analyst Concurrent Use Primary Maintenance 500.00 This quotation is valid for 90 days. 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. (ESRII. 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. Issued By: Ki Lyons_ Ext: 1225 nv«uKI To expedite your order, please reference your customer number and this quotation number on your purchase order. nate: 10/2/2003 Time: 12:01 PM To: Page: 0005 ESRI 380 New York Street REDLANDS, CA 92373 Phone: 888-377-45751226 Fax #: 909-307-3083 14795758316 Date: 10/02/2003 Quotation Number. 25091018 • Quotation Page 3 Item Qty Product#Description Unit Price Extended Price Start Date: 01/16/2004 End Date: 01/15/2005 Hardware Platform: WINDOWS NT -INTEL 140 1 87213 MAINT,DSG,ASDE,SRVR,2PROC 3,000.00 3,000.00 ArcSDE Developer Support Group (DSG) Maintenance for 1 Server and up to 2 CPUs Includes 5 Read and Write Connects Start Date: 01/16/2004 End Date: 01/15/2005 Hardware Platform: WINDOWS NT -INTEL 150 1 87232 MAINT,PRIM,AG SA,CU 500.00 ArcGIS Spatial Analyst Concurrent Use Primary Maintenance Start Date: 01/16/2004 End Date: 01/15/2005 Hardware Platform: WINDOWS NT -INTEL 160 1 91271 MAINT,PRIM,AG PUB,CU ArcGIS Publisher Concurrent Use Primary Maintenance Start Date: 01/16/2004 End Date: 01/15/2005 Hardware Platform: WINDOWS NT -INTEL • 500.00 500.00 500.00 Subtotal Shipping & Handling Estimated Tax Total 20,692.30 0.00 0.00 $ 20,692.30 This quotation is valid for 90 days. The quotation information is proprietary and may not be copied a 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 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 stale 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. Issued By: Ki Lyons Ext: 1225 To expedite your order, please reference your customer number and this quotation number on your purchase order. ILYONSKI STA•REVIEW FORM - FINANCIAL OBLIGAritN X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council Meeting of: February 3, 2004 FROM: Scott Huddleston Name Information Technology Finance and Internal Services Division Department ACTION REQUIRED: Approve Purchase Request to ESRI for 2004 Service and Maintenance Fees. COST TO CITY: $20,692.30 $ 141,500.00 Maintenance Cost of this request 1010-1710-5416 00 Account Number Project Number Category/Project Budget Program Category / Project Name $ - Maintenance Funds Used to Date Program / Project Category Name 141,500.00 General Remaining Balance Fund Name BUDGET REVIEW X Budgeted Item Budget Manager /--/l103/ Date Budget Adjustment Attached CONTRACT/GRANT/LEASE REVIEW: Accounting City Attorney //lc/a cn(W. CSTLIJIA 1 /16 boy Date In rnal Audr Date /44/ 1 I nolOCI Date Purchasing Manager Date STAFF RECOMMENDA `Y/ /Ar/z4fr,- Division Head Date Department Director Date Finance & Internal Services Dir.. 1-14.° /ago Date Chief Admiyristrative Officer Date Mayor Date Received in Mayor's Office Cross Reference: Previous Ord/Res#: Orig. Contract Date: Orig. Contract Number• Date °rk,J. New Item: Yes No FAYETTEVPLLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Scott Huddleston Information Technology From: Clarice Buffalohead-Pearman City Clerk Division Date: February 17, 2004 Re: Resolution No. 16-04 This is to confirm that Brad Fulmer has received a copy of the above resolution passed by the City Council February 3, 2004, approving an annual maintenance agreement with ESRI, Inc. I have also attached a copy for you. Once you receive the original agreement, please see that it gets to the city clerk's office for the mayor's signature; and so the resolution can be recorded in the city clerk's office. Thanks. fcbp attachment(s) cc Brad Fulmer, IT • FAYETTEVI IRLE • THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Brad Fulmer Information Technology From: Clarice Buffalohead-Pearman City Clerk's Division Date. February 26, 2004 Re: ESRI Attached is one original of the ESRI agreement. The original agreement will be microfilmed and recorded in the city clerk's office. If anything else is needed please let the city clerk's office know. /cbp Attachment(s) cc. Nancy Smith, Internal Auditor Approvals: CD l0 CO V m 01 a W0 -+ 3 Requester: Scott Huddleston • City Of Fayetteville Vendor # Vendor Name: 5221 SSRI Inc. Address: Fob Point: File # 54630 City: 'State: Zip Code 'Ship to code: Los Angeles CA 90074-4630 Annual Software Maintenance Description Quantity I EA Unit of Issue N 01 O N 0 O C .g-. n O y ^ 50.00 4. O O O N O O o 50.00 N O O O N O OO O 50.00 50.00 M O O 520,692.30 (Extended Cost I 1010-1710-5416 00 Account Numbers Requester's Employee # 331 Project/Subproject # Extension: Divison H@ad Ap oval.- 4-1 CD Z O m m CTs 3 v m Z O C c 3 m Xi a C (71T g Z 0 Inventory # (Quotes Attached Yes: No: m m a 0 m m o 0 m N co w m " !Fixed Asset # • • ESRI February 18, 2004 Brad Fulmer City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 Re: Software Maintenance Agreement No. 2000M2022 Dear Mr. Fulmer. Enclosed you will find two (2) signed copies of the above mentioned Agreement. Please return one (1) fully executed copy to my attention. Feel free to contact me with any questions or concerns. Sincerely, 9Ncito ie Ricks on racts Admin. Supervisor Ext 1-1990 ESRI 380 New York S1., Redlands, CA 92373-8100, USA •TEL 909 -793 -2853 -FAX 909-793-5953• E-MAIL info@esri.com• WEB www.esri.com