R20-072 1 RESOLUTION NO. R20-072
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING THE CITY
5 MANAGER TO SIGN A NEW THREE YEAR AGREEMENT
6 WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE
7 (ESRI) FOR A SMALL GOVERNMENT ENTERPRISE LICENSE
8 AGREEMENT THROUGH WITH A TOTAL COST OF $157,500
9 TO CONTINUE THE USE OF THE ESRI'S ARCGIS
10 GEOGRAPHIC INFORMATION SYSTEM SOFTWARE
11 PLATFORM; AND PROVIDING AN EFFECTIVE DATE.
12
13 WHEREAS, GIS is a system that allows the City to collect, store, manage, and
14 share its spatial data-data that has location information such as digital mapping of Utilities
15 infrastructure and assets as well as mobile apps for field personnel to work with the data;
16 interactive maps detailing Public Works' pavement ratings and capital improvement
17 strategy; a growing gallery of public apps and interactive maps providing a wide variety of
18 information such as solid waste pickup days, vacant parcels, public art, parks, historical
19 sites, land use, and our urban tree canopy; and mobile GIS apps for post-hurricane damage
20 assessment; and
21 WHEREAS, in 2017 it was decided that the City should upgrade its license
22 agreement with Esri(the software provider for our GIS)to the Small Government Enterprise
23 License Agreement because it represented the best value for the expected rate of growth
24 based on a comparison of alternatives; and
25 WHEREAS, as the previous three year agreement is expiring, this Agreement is
26 intended to maintain this resource to allow for the continued leveraging of this technology
27 in the improvement of public service delivery; and
28 WHEREAS, upon recommendation of staff, the City Commission does hereby
29 approve and authorize the City Manager to sign a new three year agreement with
30 Environmental Systems Research Institute (Esri) for a Small Government Enterprise
31 License Agreement through with a total cost of$157,500 to continue the use of the Esri's
32 ArcGIS geographic information system software platform.
33 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF
34 THE CITY OF BOYNTON BEACH, FLORIDA,THAT:
S:\CA\RESO\Agreements\ESRI License Agreement(2020) -Reso.Docx
35 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
36 being true and correct and are hereby made a specific part of this Resolution upon adoption
37 hereof.
38 Section 2. The City Commission hereby approves and authorizes the City
39 Manager to sign a new three year agreement with Environmental Systems Research
40 Institute (Esri) for a Small Government Enterprise License Agreement through with a total
41 cost of$157,500 to continue the use of the Esri's ArcGIS geographic information system
42 software platform, a copy of which is attached hereto as Exhibit"A".
43 Section 3. That this Resolution shall become effective immediately.
44
45 PASSED AND ADOPTED this 'day of August, 2020
46 CITY OF BOYNTON BEACH, FLORIDA
47 YES NO
48
49 Mayor-Steven B. Grant
50
51 Vice-Mayor-Ty Penserga
52
53 Commissioner-Justin Katz ✓
54
55 Commissioner-Woodrow L. Hay
56
57 Commissioner-Christina L. Romelus
58
59 VOTE S7-0
60
61 ATTEST:
62
63
64 47/I671-7g65 Crl Gibson, MMC
66 City Clerk
67
68
69 (Corporate Seal)
70
71 • A
Ylk&
( (_) )
S:\CA\RESO\AgreemehtslESRI'License Agreement(2020) -Reso.Docx
• THE Quotation # Q-389905
le-ti SCIENCE
���I OF
WHERE'
-'' Date: April 8, 2020
Environmental Systems Research Institute, Inc. Customer#101023 Contract#ENTERPRISE
380 New York St AGREEMENT
Redlands,CA 92373-8100
Phone: (909)793-2853 Fax: (909)307-3049 City of Boynton Beach
DUNS Number: 06-313-4175 CAGE Code: OAMS3 Information Technology Services
P.O Box 310
Boynton Beach, FL 33425
To expedite your order,please attach a copy of ATTENTION: Yury Konnikov
this quotation to your purchase order. PHONE: 561-742-6071
Quote is valid from:4/8/2020 To: 7/7/2020 EMAIL: konnikovy@bbfl.us
Material Qty Term Unit Price Total
168179 1 Year 1 $50,000.00 $50,000.00
Populations of 50,001 to 100,000 Small Government Term Enterprise License Agreement
168179 1 Year 2 $52,500.00 $52,500.00
Populations of 50,001 to 100,000 Small Government Term Enterprise License Agreement
168179 1 Year 3 $55,000.00 $55,000.00
Populations of 50,001 to 100,000 Small Government Term Enterprise License Agreement
Subtotal: $157,500.00
Sales Tax: $0.00
Estimated Shipping and Handling(2 Day Delivery): $0.00
Contract Price Adjust: $0.00
Total: $157,500.00
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: Email: Phone:
Ben McCrary bmccrary@esri.corn 704-541-9810 ext. 1666 x1666
The items on this quotation are subject to and governed by the terms of this quotation,the most current product specific scope of use document
found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300pdf,and your applicable signed agreement
with Esri. If no such agreement covers any item quoted,then Esri's standard terms and conditions found at https://go.esri.com/MAPS apply to your
purchase of that item. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of
Esri's GSA Federal Supply Schedule.Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply
to some state and local government purchases.All terms of this quotation will be incorporated into and become part of any additional agreement
regarding Esri's offerings.Acceptance of this quotation is limited to the terms of this quotation.Esri objects to and expressly rejects any different
or additional terms contained in any purchase order,offer,or confirmation sent to or to be sent by buyer. Unless prohibited by law,the quotation
information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license.The
information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin.
MCCRARYB This offer is limited to the terms and conditions incorporated and attached herein.
Esri Use Only:
Cust. Name City of Boynton Beach .. • THE
Cust. # 101023 SCIENCEOF
PO# ` � ��Y WHERE
Esri Agreement# 00285131.0
SMALL ENTERPRISE AGREEMENT
COUNTY AND MUNICIPALITY GOVERNMENT
(E214-3)
This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental
Systems Research Institute, Inc. ("Esri").
This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the
Quotation and (ii)the Master Agreement. Should there be any conflict between the terms and conditions of the
documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i)the
Quotation, (ii) this Agreement, and (iii)the Master Agreement. This Agreement shall be governed by and
construed in accordance with the laws of the state in which Customer is located without reference to conflict of
laws principles, and the United States of America federal law shall govern in matters of intellectual property. The
modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.
Table A
List of Products
Uncapped Quantities Developer Tools
Desktop Software and Extensions (Single Use) ArcGIS Engine
ArcGIS Desktop Advanced ArcGIS Engine Extensions: ArcGIS 3D Analyst,
ArcGIS Desktop Standard ArcGIS Spatial Analyst, ArcGIS Engine Geodatabase
ArcGIS Desktop Basic Update, ArcGIS Network Analyst, ArcGIS Schematics
ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Runtime (Standard)
ArcGIS Spatial Analyst, ArcGIS Geostatistical ArcGIS Runtime Analysis Extension
Analyst,ArcGIS Publisher, ArcGIS Network
Analyst, ArcGIS Schematics, ArcGIS Workflow Limited Quantities
Manager, ArcGIS Data Reviewer One (1) Professional subscription to ArcGIS Developer
Two (2) Esri CityEngine Single Use Licenses
Enterprise Software and Extensions 250 ArcGIS Online Viewers
ArcGIS Enterprise and Workgroup 250 ArcGIS Online Creators
(Advanced and Standard) 37,500 ArcGIS Online Service Credits
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, 250 ArcGIS Enterprise Creators
ArcGIS Spatial Analyst, ArcGIS Geostatistical 5 Insights in ArcGIS Enterprise
Analyst, ArcGIS Network Analyst, ArcGIS 5 Insights in ArcGIS Online
Schematics, ArcGIS Workflow Manager 50 Tracker for ArcGIS Enterprise
50 Tracker for ArcGIS Online
4 ArcGIS Parcel Fabric User Type Extensions(Enterprise)
ArcGIS Monitor 4 ArcGIS Utility Network User Type Extensions(Enterprise)
Enterprise Additional Capability Servers
ArcGIS Image Server
OTHER BENEFITS
Number of Esri User Conference registrations provided annually 4
Number of Tier 1 Help Desk individuals authorized to call Esri 4
Maximum number of sets of backup media, if requested* 2
Self-Paced e-Learning Uncapped
Five percent(5%) discount on all individual commercially available instructor-led training classes at Esri
facilities purchased outside this Agreement
'Additional sets of backup media may be purchased for a fee
Page 1 of 6 February 1.2020
Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation
attached, (ii) a purchase order, or(iii) another document that matches the Quotation and references this
Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE
ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL
GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise
agreed to by the parties ("Effective Date").
Term of Agreement: Three (3) years
This Agreement supersedes any previous agreements, proposals, presentations, understandings, and
arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4—
Product Updates, no modifications can be made to this Agreement.
Accepted and Agreed:
City of Boynton Beach
(Custom r)
APPROVED AS 10 FORM:
( 21/171-17--.
By:
Authorized Sig a CITY ATTORNEY
Printed Name: l..404.-'4 D. 64-K
Title: Ps€j)i. G►1 ,C.
Date: 9!101-20
CUSTOMER CONTACT INFORMATION
Contact Telephone:
Address: Fax:
City, State, Postal Code: E-mail:
Country:
Quotation Number (if applicable): Q-389905
I
Page 2 of 6 February 1,2020
1.0—ADDITIONAL DEFINITIONS 2.0-ADDITIONAL GRANT OF LICENSE
In addition to the definitions provided in the Master 2.1 Grant of License. Subject to the terms and
Agreement, the following definitions apply to this conditions of this Agreement, Esri grants to
Agreement: Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
"Case" means a failure of the Software or Online Deploy quantities of the Products listed in
Services to operate according to the Documentation Table A—List of Products for the Term of
where such failure substantially impacts operational Agreement (i)for the applicable Fee and (ii) in
or functional performance. accordance with the Master Agreement.
"Deploy", "Deployed" and "Deployment" mean to 2.2 Consultant Access. Esri grants Customer the
redistribute and install the Products and related right to permit Customer's consultants or
Authorization Codes within Customer's contractors to use the Products exclusively for
organization(s). Customer's benefit. Customer will be solely
responsible for compliance by consultants and
"Fee" means the fee set forth in the Quotation. contractors with this Agreement and will ensure
that the consultant or contractor discontinues
"Maintenance" means Tier 2 Support, Product use of Products upon completion of work for
updates, and Product patches provided to Customer Customer. Access to or use of Products by
during the Term of Agreement. consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may
"Master Agreement" means the applicable master not permit its consultants or contractors to install
agreement for Esri Products incorporated by this Software or Data on consultant, contractor, or
reference that is (i) found at https://www.esri.com/en- third-party computers or remove Software or
us/legal/terms/full-master-agreement and available in Data from Customer locations, except for the
the installation process requiring acceptance by purpose of hosting the Software or Data on
electronic acknowledgment or(ii) a signed Esri Contractor servers for the benefit of Customer.
master agreement or license agreement that
supersedes such electronically acknowledged
master agreement. 3.0-TERM,TERMINATION,AND EXPIRATION
"Product(s)" means the products identified in 3.1 Term. This Agreement and all licenses
Table A—List of Products and any updates to the list hereunder will commence on the Effective Date
Esri provides in writing. and continue for the duration identified in the
Term of Agreement, unless this Agreement is
"Quotation" means the offer letter and quotation terminated earlier as provided herein. Customer
provided separately to Customer. is only authorized to use Products during the
Term of Agreement. For an Agreement with a
"Technical Support" means the technical limited term, Esri does not grant Customer an
assistance for attempting resolution of a reported indefinite or a perpetual license to Products.
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other 3.2 No Use upon Agreement Expiration or
type of Product corrections or modifications. Termination.All Product licenses, all
Maintenance, and Esri User Conference
"Tier 1 Help Desk" means Customer's point of registrations terminate upon expiration or
contact(s) to provide all Tier 1 Support within termination of this Agreement.
Customer's organization(s).
3.3 Termination for a Material Breach. Either party
"Tier 1 Support" means the Technical Support may terminate this Agreement for a material
provided by the Tier 1 Help Desk. breach by the other party. The breaching party
will have thirty (30) days from the date of written
"Tier 2 Support" means the Esri Technical Support notice to cure any material breach.
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support. 3.4 Termination for Lack of Funds. For an
Agreement with government or government-
owned entities, either party may terminate this
Agreement before any subsequent year if
Page 3 of 6 February 1.2020
Customer is unable to secure funding through a. Tier 1 Support
the legislative or governing body's approval
process. 1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
3.5 Follow-on Term. If the parties enter into Customer's authorized users.
another agreement substantially similar to this
Agreement for an additional term, the effective 2. The Tier 1 Help Desk will be fully trained in
date of the follow-on agreement will be the day the Products.
after the expiration date of this Agreement.
3. At a minimum, Tier 1 Support will include
those activities that assist the user in
4.0-PRODUCT UPDATES resolving how-to and operational questions
as well as questions on installation and
4.1 Future Updates. Esri reserves the right to troubleshooting procedures.
update the list of Products in Table A—List of
Products by providing written notice to 4. The Tier 1 Help Desk will be the initial point
Customer. Customer may continue to use all of contact for all questions and reporting of a
Products that have been Deployed, but support Case. The Tier 1 Help Desk will obtain a full
and upgrades for deleted items may not be description of each reported Case and the
available. As new Products are incorporated into system configuration from the user. This
the standard program, they will be offered to may include obtaining any customizations,
Customer via written notice for incorporation into code samples, or data involved in the Case.
the Products schedule at no additional charge.
Customer's use of new or updated Products 5. If the Tier 1 Help Desk cannot resolve the
requires Customer to adhere to applicable Case, an authorized Tier 1 Help Desk
additional or revised terms and conditions in the individual may contact Tier 2 Support. The
Master Agreement. Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
4.2 Product Life Cycle. During the Term of solutions to problems available to
Agreement, some Products may be retired or Customer's organization.
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject 6. Tier 1 Help Desk individuals are the only
to the individual Product Life Cycle Support individuals authorized to contact Tier 2
Status and Product Life Cycle Support Policy, Support. Customer may change the Tier 1
which can be found at Help Desk individuals by written notice to
https://support.esri.com/en/other- Esri.
resources/product-life-cycle. Updates for
Products in the mature and retired phases may b. Tier 2 Support
not be available. Customer may continue to use 1. Tier 2 Support will log the calls received
Products already Deployed, but Customer will
not be able to Deploy retired Products. from Tier 1 Help Desk.
2. Tier 2 Support will review all information
collected by and received from the Tier 1
5.0-MAINTENANCE Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
The Fee includes standard maintenance benefits Desk when Tier 2 Support is required.
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and 3. Tier 2 Support may request that Tier 1 Help
Support Program document (found at Desk individuals provide verification of
https://www.esri.com/en- information, additional information, or
us/legal/terms/maintenance). At Esri's sole answers to additional questions to
discretion, Esri may make patches, hot fixes, or supplement any preliminary information
updates available for download. No Software other gathering or troubleshooting performed by
than the defined Products will receive Maintenance. Tier 1 Help Desk.
Customer may acquire maintenance for other
Software outside this Agreement. 4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.
Page 4 of 6 February 1,2020
5. When the Case is resolved, Tier 2 Support Customer fails to pay any undisputed amount
will communicate the information to Tier 1 owed on or before its due date. Esri may charge
Help Desk, and Tier 1 Help Desk will Customer interest at a monthly rate equal to the
disseminate the resolution to the user(s). lesser of one percent (1.0%) per month or the
maximum rate permitted by applicable law on
any overdue fees plus all expenses of collection
6.0-ENDORSEMENT AND PUBLICITY for any overdue balance that remains unpaid
ten (10) days after Esri has notified Customer of
This Agreement will not be construed or interpreted the past-due balance.
as an exclusive dealings agreement or Customer's
endorsement of Products. Either party may publicize c. Esri's federal ID number is 95-2775-732.
the existence of this Agreement.
d. If requested, Esri will ship backup media to the
ship-to address identified on the Ordering
7.0-ADMINISTRATIVE REQUIREMENTS Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
7.1 OEM Licenses. Under Esri's OEM or Solution should sales or use taxes become due as a
OEM programs, OEM partners are authorized to result of any shipments of tangible media, Esri
embed or bundle portions of Esri products and has a right to invoice and Customer will pay any
services with their application or service. OEM such sales or use tax associated with the receipt
partners' business model, licensing terms and of tangible media.
conditions, and pricing are independent of this 8.2 Order Requirements. Esri does not require
Agreement. Customer will not seek any discount Customer to issue a purchase order. Customer
from the OEM partner or Esri based on the may submit a purchase order in accordance with
availability of Products under this Agreement. its own process requirements, provided that if
Customer will not decouple Esri products or Customer issues a purchase order, Customer
services from the OEM partners' application or will submit its initial purchase order on the
service. Effective Date. If this is a multi-year Agreement,
7.2 Annual Report of Deployments.At each Customer will submit subsequent purchase
anniversary date and ninety (90) calendar days orders to Esri at least thirty (30) calendar days
prior to the expiration of this Agreement, before the annual anniversary date for each
Customer will provide Esri with a written report year.
detailing all Deployments. Upon request, a. All orders pertaining to this Agreement will be
Customer will provide records sufficient to verify processed through Customer's centralized point
the accuracy of the annual report. of contact.
b. The following information will be included in
8.0-ORDERING,ADMINISTRATIVE each Ordering Document:
PROCEDURES, DELIVERY,AND
DEPLOYMENT (1) Customer name; Esri customer number, if
known; and bill-to and ship-to addresses
8.1 Orders, Delivery, and Deployment (2) Order number
(3) Applicable annual payment due
a. Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection 9.0-MERGERS,ACQUISITIONS, OR
program that enables Customer to download, DIVESTITURES
operate, or allow access to the Products. If this
is a multi-year Agreement, Esri may invoice the If Customer is a commercial entity, Customer will
Fee up to thirty (30) calendar days before the notify Esri in writing in the event of(i) a
annual anniversary date for each year. consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
b. Undisputed invoices will be due and payable (ii) Customer's acquisition of another entity; or(iii) a
within thirty (30) calendar days from the date of transfer or sale of all or part of Customer's
invoice. Esri reserves the right to suspend organization (subsections i, ii, and iii, collectively
Customer's access to and use of Products if referred to as"Ownership Change"). There will be
Page 5 of 6 February 1.2020
no decrease in Fee as a result of any Ownership D. Upon completion of the contract, Contractor shall
Change. transfer to the CITY, at no cost to the CITY, all public
records in Contractor's possession. All records stored
9.1 If an Ownership Change increases the electronically by Contractor must be provided to the CITY,
cumulative program count beyond the maximum upon request from the CITY's custodian of public records,
level for this Agreement, Esri reserves the right in a format that is compatible with the information
to increase the Fee or terminate this Agreement technology systems of the CITY.
and the parties will negotiate a new agreement.
9.2 If an Ownership Change results in transfer or E. IF THE CONTRACTOR HAS QUESTIONS
sale of a portion of Customer's organization, that REGARDING THE APPLICATION OF CHAPTER 119,
portion of Customer's organization will transfer FLORIDA STATUES, TO THE CONTRACTOR'S DUTY
the Products to Customer or uninstall, remove, TO PROVIDE PUBLIC RECORDS RELATING TO THIS
and destroy all copies of the Products. CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS:
9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership CITY CLERK
Change unless approved by Esri in writing in CITY OF BOYNTON BEACH
advance. If the assignment to the new entity is P.O. BOX 310
not approved, Customer will require any BOYNTON BEACH, FLORIDA, 33425
successor entity to uninstall, remove, and 561-742-6061
destroy the Products. This Agreement will CITYCLERK@BBFL.US
terminate upon such Ownership Change.
11.0—SCRUTINIZED COMPANIES
10.0—PUBLIC RECORDS LAW
By execution of this Agreement, in accordance with the
The City is public agency subject to Chapter requirements of F.S. 287-135 and F.S. 215.473,
119, Florida Statutes. The Contractor shall Contractor certifies that Contractor is not participating in a
comply with Florida's Public Records Law. boycott of Israel. Contractor further certifies that
Specifically, the Contractor shall: Contractor is not on the Scrutinized Companies that
Boycott Israel list, not on the Scrutinized Companies with
A. Keep and maintain public records required Activities in Sudan List, and not on the Scrutinized
by the CITY to perform the service; Companies with Activities in the Iran Petroleum Energy
Sector List, or has Contractor been engaged in business
B. Upon request from the CITY's custodian of operations in Syria. Subject to limited exceptions
public records, provide the CITY with a copy provided in state law, the City will not contract for the
of the requested records or allow the records provision of goods or services with any scrutinized
to be inspected or copied within a reasonable company referred to above. Submitting a false
time at a cost that does not exceed the cost certification shall be deemed a material breach of
provided in chapter 119, Fla. Stat. or as contract. The City shall provide notice, in writing, to
otherwise provided by law: Contractor of the City's determination concerning the
false certification. Contractor shall have five (5) days from
C. Ensure that public records that are exempt receipt of notice to refute the false certification allegation.
or that are confidential and exempt from If such false certification is discovered during the active
public record disclosure requirements are not contract term, Contractor shall have ninety (90) days
disclosed except as authorized by law for the following receipt of the notice to respond in writing and
duration of the contract term and, following demonstrate that the determination of false certification
completion of the contract, Contractor shall was made in error. If Contractor does not demonstrate
destroy all copies of such confidential and that the City's determination of false certification was
exempt records remaining in its possession made in error then the City shall have the right to
once the Contractor transfers the records in terminate the contract and seek civil remedies pursuant
its possession to the CITY; and to Section 287.135, Florida Statutes, as amended from
time to time.
Page 6 of 6 February 1.2020