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HomeMy WebLinkAboutPW18-056 - Original - Environmental Systems Research Institute, Inc. - Platform Engineer Services Retainer Package - ArcGis Software Implementation - 02/07/2018 V� r / e(�J r d s e m KENT YM ASN I PY ex'f©M ' r CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Environmental Systems Research Institute, Inc. Vendor Number: D Edwards Dumber Contract Number: 1 r This is assigned by City Clerk's Office Project Name: ArcGIS Software Implementation Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment x Contract ❑ Other: Contract (Effective bate: /7/I.8 Termination Gate: I./31/19 Contract Renewal Notice (Days):. Number of days required notice for termination or renewal or amendment Contract Manager: Catherine Crook Department: Engineering Contract Amount: $5,639.00 Approval .Authority: X Department Director ❑ Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): GIS data for externally accessible web apps-platform engineer services, As off 08/27/1.4 eesrr Quotation # 20519168 Date: November 21, 2017 Environmental Systems Research Institute, Inc. Customer#118207 Contract# 380 New York St Redlands, CA 92373-8100 City of Kent Phone: 909-793-2853 Fax. 909-307-3049 Information Technology Dept DUNS Number., 06-313-4175 CAGE Code: OAMS3 220 4th Ave S Kent, WA98032-5838 To expedite your order,please attach a copy of this quotation to your purchase order. ATTENTION: Catherine Crook Quote is valid from: 1112112017 To:02/19/2018 PHONE: (253)856-5578 FAX: (253)856-4735 Material Qty Description Unit Price Total 158344 1 Platform Engineer Services Retainer Package- Includes up to 20 units of 5,630.00 5,630.00 ArcGIS software implementation, configuration, and/or technical assistance from a U.S, based Esri platform engineer. Technical'topics may include assisting with installation and configuration of ArcGIS software, defining information products, ArcGIS organization configuration, workflows using ArcGIS Desktop, ArcGIS Pro, and Esri Apps, Map and App configuration, and general "best practices" knowledge transfer for components of the ArcGIlS Platform. Each unit within a Retainer Package is comprised of 1- hour of technical consulting time and a program cost allocation. Support can be provided onsite, if needed, with the purchase of one or two retainers packages of the same type. Travel is limited to one roundtrip to a CONUS site for every two Retainer packages ordered. By purchasing this service, customer agrees to the Services Retainer Package,Terms and Conditions (G-363FPR)which will take precedence over any other terms contained in customer's ordering document. If not attached, these Terms and Conditions can be viewed on the web,at http://www,Esri.com/Pegal/service- agreements.html This services, package requires the customer to prepare for Esri's visit. The preparation requirements are outlined at http://www.Esri.com/legal/service-agreemen,ts,html and all services will be, provided in accordance with the requirements and assumptions provided therein. Scheduling will be based on resource availability. Item Total: 5,630,00 Subtotal: 5,630.00 Sales Tax: 0.00 Estimated Shipping&Handling(2 Day Delivery) : 0,00 Contract Pricing Adjust: 0.00 Total: $5,630.00 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management,procurement,or invoice program. I,For questions contact: Scott Wolter Email: gAQIW m Phone: (360)7544727 x8671 x8671 The items on this quotation are subject to and governed by the terms of this quotation and of your signed agreement with Esri,if applicable,and the most current product specific scope of use document found at http://www.esh.coml-/media/FileslPdfs/legal/pdfs/e300.pdf. If no such agreement covers any item,then Esri's standard terms and conditions,and current product specific scope of use,found at httpJAvww.esri.com/legal/software-license apply to your purchase of that ftern.Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the Germs of Esri's GSA Federal Supply Schedule.Acceptance of this quotation is limited to the terms of this quotation. State and local government entities in California or Maryland buying under the State Contract are also subject to the terms and conditions found at htip://www.esri,mm/legaVsupplemental- terms-and-conditions.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 Esris offerings.The quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchaseflicense. The information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research institute, Inc. (Esri).Delivery is FOB Origin, if sending remittance, please address to: Esri, P.O'. Box 741076, Los Angeles, CA 90074-1076 WOLTERS This offer is limited to the terms and conditions Incorporated!and attached herein. 0 esno Quotation # 20519168 Date: November 21, 2017 Environmental Systems Research Institute, Inc. Customer 9 118207 Contract# 380 New York St Redlands, CA 92373-8100 City of Kent Phone. 909-793-2853 Fax: 909-307-3049 Inforrnation Technology Dept DUNS Number: 06-31:3-4175 CAGE Code: OAMS3 220 4th Ave S To expedite your order,please attach a copy of Kent, WA 98032-5838 this quotation to your purchase order. ATTENTION: Catherine Crook Quote is valid from: 1112112017 To: 0211912018 PHONE: (253)856-5578 FAX: (253)856-4735 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 Earl 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 anylall applicable Esd contract number(s)(e.g.MPA,ELA,SmartBuy,GSA, BPA)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 PLUS SALES TAXES IF APPLICABLE,DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRFS INVOICE WITHOUT ADDITIONAL AUTHORIZING PAPERWORK. Please check one of the following: —tagree to pay any applicable sales tax, —I am tax exempt,please contact me if exempt information Is not currently on file with Esri. Anature of Authorizifid"Representative Date LARE-f-r— Name(Please F;fint) SUIVIel- 4- Title rcc:7�^ The quotation information isproprrietary and may not be copied oar released other than for lbe eWes:s purpose o(system soiec-bor and purchaseUerise.I M"ifornuamn may not be given to outside parties or usoff for any other purpose mtianot consent from EovironraaTiial Sysierns Research Institute,Bnc fE%d) Any estimated saies araVo(use tax reflected w this quote has been calcuUand as of the date of this quolawn and is riefely provided as a convenienre for your organization's budgetary purposes,Ess resorvos the right to adjust and codect sales and/or use,tax at the actual date of invoicing.if your orgrin�zahrxl is tax exempt or pays state tax diracby,'then prim in invoKAnq,your oTairizalion must provide Esd with a copy of a Current tax exemption certificate issued by your stale's taxing authority for if*given jurisdidion 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: Scoff Wolter Email: Phone: (360)754-4727 x8671 x8671 The items on this quotation are subject to and governed by the terms of this quotation and of your signed agreement with Esri,if applicable,and the most current product specific scope of use document found at http!//www.es6,com/-/media/Files/PdfsAegaVpdfs/e300,pdf, If no such agreement covers any item,then Esri's standard terms and conditions,and current product specific scope of use,found at http://www.esri.comAegai/software-license 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,Acceptance of this quotation is limited to the terms of this quotation.State and local government entities in California or Maryland buying under the State Contract are also subject to the terms and conditions found at http://www.esri,com/legal/supplematital- terms-and-conditions.Fact objects to and expressly rejects any different or additional farm,,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 Esrfs offerings.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 Environmental Systems Research Institute,Inc. (Esri),Delivery is FOB Origin. if sending remittance, please address to: Esri, P.O. Box 741076, Los Angeles, CA 90�074-1076 L— I WOLTERS This offer Is limited to the terms and conditions incorporated and attached herein. Tr�f SCPE'NC r Implementation Services Addendum for 4fesn' WMFRF Service Retainer Packages 1.DEFINITIONS for Service Retainer Package units that are consumed. The purchase order/ordering document will confirm the "Commercial Off-the-Shelf Software"or"COTS quantity and price of the Service Retainer Package(s) Software"means all or any portion of Esh's proprietary ordered,as described in Esri's proposal or quotation, and software technology accessed or downloaded from an will reference Customer acceptance of this terms and authorized Esri website or delivered on any media, in any conditions addendum. Payment terms are net thirty(30) format,including backups, updates, service packs, days from receipt of an Esri invoice. Payment will be made patches,hot fixes,or permitted merged copies, available to the Esri address identified on the invoice. For under license to the general public. Professional Services required beyond the period of "Data"means any commercially available digital performance proposed or provided in a new calendar year, dataset(s), including, but not limited to,geographic vector Esri reserves the right to revise the Service Retainer data, raster data reports,or associated tabular attributes Package price in accordance with Esri's most current price that Esri bundles with Professional Services or delivers schedule. Esri's obligation for completion of the independently. Professional Services proposed is limited to the number of units outlined in the Service Retainer Package description "Deliverables"means any work product produced by Esri within Esri's statement of work. If additional Service as a result of Professional Services provided under this Retainer Package units are required to complete Addendum. Deliverables can include,but are not limited Customer's goals or activities set forth in the applicable to, reports,training materials,and custom software code. statement of work, Esri and Customer will amend the purchase order/ordering document,as mutually agreed,by "Professional Services"means technical consulting increasing the quantity of Service Retainer Package(s) support being performed by Esri in exchange for ordered and issuing a new or amended purchase compensation from Customer. order/ordering document. Esri may,at its sole discretion, "Service Retainer Package(s)"means a predefined stop work to avoid exceeding the total units allotted in a number of service units provided at a firm fixed price,as specific Service Retainer Package. stated in Esri's proposal. If all units within a Service Retainer Package are not 2.OWNERSHIP AND GRANT OF LICENSE consumed within a twelve(12ymonth period after contract award,any unused Service Retainer Package units will Except as specifically granted in this Addendum, Esri expire and the applicable contract obligation will end.Any owns and retains all rights,title,and interest in amendment to the purchase order/ordering document to Deliverables.Subject to the terms and conditions in this add Service Retainer Package(s)will not affect the rights Addendum, Esri grants to Customer a nonexclusive, or obligations of the parties under this Addendum. royalty-free,worldwide license to use,modify, and/or 5.LIMITED WARRANTY AND DISCLAIMER OF reproduce Deliverables in connection with Customer's WARRANTIES authorized use of Esri's COTS Software. 3. PATENTS AND INVENTIONS Esri warrants for a period of ninety(90)days from the date of performance that Professional Services will Esri and Customer will retain title to any inventions, substantially conform to the professional and technical innovations,and improvements("Inventions")made or standards of the software industry. If Professional conceived solely by its principals,employees,consultants, Services do not substantially conform to these standards, or independent contractors("Inventors")during the term of Customer may require Esri to reperform Professional this Addendum. Esri and Customer will jointly own any Services at no additional cost to Customer. Deliverables Inventions made or conceived jointly by Inventors from are provided as is and without warranty of any kind. both parties.Where Inventions are jointly owned,each Disclaimer of Warranties.With the exception of the joint owner will share equally the costs of acquiring protection for the Inventions and furnish the other joint limited warranty set forth in this Article,Esri disclaims owner with assistance reasonably required for acquiring and this Addendum expressly excludes all other protection.Neither Esri nor Customer may license, warranties,express or implied,oral or written, transfer,or sell its interest in jointly owned Inventions including,without limitation,any and all warranties of without the written consent of the other party,which will merchantability or fitness for a particular purpose. not be unreasonably withheld. In addition to and without limiting the preceding 4.COMPENSATION paragraph,Esri does not warrant in any way Map Data.Map Data may not be free of nonconformities, Upon receipt of a valid purchase order/ordering document, defects,errors,or omissions;be available without Esri will perform and invoice Professional Services on a interruption; be corrected if errors are discovered;or firm fixed unit price basis,and the deliverable will be meet Customer's needs or expectations.Customer technical consulting time. Esri will invoice Customer only should not rely on any Map Data unless Customer has G363FPR Page 1 of 2 August 14,2017 verified Map Data against actual data from documents Department's Lists of Parties of Concern;or(iv)any of record,field measurement,or observation. person or entity where such export,reexport,or provision 6.LIMITATION OF LIABILITY AND EXCLUSIVE violates any US export control laws or regulations including,but not limited to,the terms of any export REMEDY license or licensing provision and any amendments and In no event will Esri be liable to Customer for supplemental additions to US export laws. procurement of substitute goods or services;lost 9.GENERAL PROVISIONS profits;lost sales; business expenditures; investments;business commitments; loss of 9.1 Nonsolicitation.Neither party will directly solicit for goodwill;or any indirect,special,exemplary, hire any employee of the other party who is associated consequential,or incidental damages arising out of or with Professional Services called for under this Addendum related to this Addendum,however caused or under during,and for a period of one(1)year after,project any theory of liability,even if Esri has been advised of completion. In the event that this provision is breached, the possibility of such damages. liquidated damages equal to twelve(12)months of the employee's compensation,plus any legal expenses Esri's total cumulative liability under this Addendum, associated with the enforcement of this provision,will be from all causes of action of any kind,will in no event paid by the breaching party to the aggrieved party.The exceed the amount actually paid by Customer for foregoing will in no way restrict the parties from publicly services under this Addendum from which the liability advertising positions for hire in newspapers,professional directly arose. magazines,or Internet postings. 7.CONFIDENTIALITY 9.2 Taxes.Professional Services are quoted exclusive of Deliverables are Esri confidential information,and all state,local,value-added,or other taxes;customs; Customer will preserve and protect the confidentiality of duties;or other charges(other than income taxes payable Deliverables.Customer agrees not to reverse engineer or by Esri). In the event such taxes and/or charges become decompile custom software delivered in object code, applicable to Esri's Professional Services or Deliverables, executable code,or similar formats(collectively,"Secure Customer will pay the applicable tax upon receipt of Formats"). For custom software delivered in source code written notice that it is due. or other human-readable formats,Customer will have met 9.3 UCC Inapplicability.Professional Services provided its obligations under this provision if its disclosure of under this Addendum will not be governed by the Uniform custom software is limited to custom software in Secure Commercial Code(UCC)and will not be deemed"goods" Formats,provided that the means for reverse engineering, within the definition of UCC. decompiling,or disassembling the custom software is withheld from such disclosure,and the person or entity in 9.4 Order of Precedence.These terms and conditions receipt of the custom software similarly agrees not to will take precedence over any Customer terms and perform the prohibited acts described above or allow conditions included in Customer ordering or authorizing others to do so. documents,such as purchase orders.Any additional terms or conditions in Customer ordering or authorizing Except as provided in the preceding paragraph,Customer documents will be void and may be incorporated into this will not disclose Deliverables to third parties without the Addendum only by written amendment signed by both advance written consent of Esri.Customer may make parties. disclosures to Customer's employees to the extent reasonably required to allow Customer to use Deliverables 9.5 Equitable Relief.Customer agrees that any breach of in a manner authorized under the applicable software this Addendum by Customer may cause Esri irreparable licenses.Before disclosing all or any portion of damage.in the event of a breach,in addition to any and Deliverables to employees or third parties as permitted in all remedies at law, Esri will have the right to seek an the preceding sentence,Customer will inform its injunction,specific performance,or other equitable relief in employees or third parties of the obligations in this any court of competent jurisdiction to prevent violation of Addendum and obtain their agreement to be bound by these terms without the requirement of posting a bond or them.Customer must comply with Article 8 in making any undertaking or proving injury as a condition of relief. permitted disclosures. 9.6 Governing Law.This Addendum will be governed by 8. EXPORT CONTROLS and construed in accordance with the laws of the State of California without reference to its conflict of laws Customer must comply with all applicable laws and principles_ regulations of the United States including,without limitation,its export control laws.Customer expressly 9.7 Entire Agreement.This Addendum is the sole and acknowledges and agrees not to export,reexport,transfer, entire agreement of the parties for Professional Services or release Deliverables,in whole or in part,to(i)any US and supersedes any previous agreements, embargoed country(including to a resident of any US understandings,and arrangements(including any embargoed country);(ii)any person on the US Treasury purchase order terms and conditions)between the parties Department's list of Specially Designated Nationals; relating to the subject matter. (iii)any person or entity on the US Commerce G363FPR Page 2 of 2 August 14,2017