HomeMy WebLinkAbout20181201.tiffCjoy.iyod- ii4-ast-iLc,
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Software License Renewal - ESRI Mapping Software
DEPARTMENT: Information Technology DATE: 2/5/19
PERSON REQUESTING: Ryan Rose
Brief description of the problem/issue:
For many years, Weld County has used mapping software from ESRI. In 2018, Weld County signed
a three year agreemeent to continue using their software through 2021. Each year, we must review
software terms and pay the annual maintenance fees. Attached is a quote which requires signature
to accept the terms and conditions prior to invoicing. Associated Terms are also attached. These
documents have been reviewed and approved by the County Attorney's office and IT.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1) Grant authorization for the Chair to sign the attached quote for $98,228.
Recommendation:
Weld County IT recommends that the Board grant approval for the Chair to sign the attached quote.
This will allow Weld County to continue using ESRI GIS mapping software.
Sean P. Conway
Mike Freeman, Pro -Tern
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
,3-a7-/ g
Approve
Recommendation Work Session
Schedule
Other/Comments: OetfriZ4I--a/Atter464
Cle/ Piti6A-4-v (.1)
a,1 -r9
0007
Cheryl Hoffman
From:
Sent:
To:
Subject
Sean Conway
Tuesday, February 05, 2019 12:51 PM
Cheryl Hoffman
Re: Software License Renewal - ESRI Mapping Software
Cheryl- Yes - agree with recommendation. Sean
Sent from my iPhone
On Feb 5, 2019, at 12:39 PM, Cheryl Hoffman <choffmant weldgov.com> wrote:
Do you agree with the recommendation, Sean?
Cheryl Hoffman
Deputy Clerk to the Board
Weld County Clerk to the Board Office
1150 0 Street
Greeley, CO 80631
970.400.4227
<image001.jpg>
Confidentiality Notice: This electronic transmission and any attached documents or other writings are
intended only for the person or entity to which it is addressed and may contain information that is
privileged, confidential or otherwise protected from disclosure. if you have received this communication
in error, please immediately notify sender by return e-mail and destroy the communication. Any
disclosure, copying, distribution or the taking of any action concerning the contents of this
communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: CM103-05255@CO.WELD.CO,US <CM1O3-05255tCO.WELD.CO.US>
Sent: Tuesday, February 05, 2019 12:35 PM
To: Cheryl Hoffman <choffman@weldgov.com>
Subject: Attached Image
<4953_001.pdf>
1
esri
Esri Inc
380 New York Street
Redlands CA 92373
Subject: Renewal Quotation
Date: 01/28/2019
To:
Organization: County of Weld
GIS Dept
Fax #: 970-304-6434 Phone #: 970-356-6570
From: Andrew Melara
Fax #: 909-307-3083 Phone #: 888-377-4575 Ext. 4353
Email: AMelara@esri.com
Number of pages transmitted Quotation #25886368
(including this cover sheet): 4 Document Date: 01/28/2019
•
esri
Date: 01/28/2019
® 380 New York Street
Redlands, CA 92373
Phone: 888-377-45754353
Fax #: 909-307-3083
Quotation Number. 25886368
Quotation
Contract Number: 327877
County of Weld
GIS Dept
P.O. Box 758
Greeley CO 80632-0758
Customer Number: 107970
For questions regarding this document, please contact Customer Service at 888-377-4575.
Send Purchase Orders To:
Environmental Systems Research Institute, Inc.
380 New York Street
Redlands, CA 92373-8100
Attn: Andrew Melara
Please include the following remittance address
on your Purchase Order.
Environmental Systems Research Institute, Inc.
P.O. Box 741076
Los Angeles, CA 90074-1076
Item Qty Material#
Unit Price Extended Price
10 1 102786
Enterprise License Agreement Annual Payment
Start Date: 04/28/2019
End Date: 04/27/2020
DUNS/CEC: 06-313-4175 CAGE OAMS3
98,228.00 98,228.00
Item Subtotal
Estimated Tax
Total
98,228.00
0.00
USD 98,228.00
Quotation is valid for 90 days from document date.
Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your
organization's budgetary purposes. Esri reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your
organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide Esri with a copy of a current
tax exemption certificate issued by your state's taxing authority for the given jurisdiction.
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or
invoice program.
Issued By: Andrew Melara Ext: 4353
To expedite your order, please reference your customer number and this quotation number on your purchase order.
[MELARAAJ
•
380 New York Street
esri
Date: 01/28/2019
® Redlands, CA 92373
Phone: 888-377-45754353
Fax #: 909-307-3083
Quotation
Page 2
Quotation Number. 25886368 Contract Number: 327877
Item Qty Material#
Unit Price Extended Price
IF YOU WOULD LIKE TO RECEIVE AN INVOICE FOR THIS MAINTENANCE QUOTE YOU MAY DO ONE OF THE FOLLOWING:
• RESPOND TO THIS EMAIL WITH YOUR AUTHORIZATION TO INVOICE
• SIGN BELOW AND FAX TO 909-307-3083
• FAX OR EMAIL YOUR PURCHASE ORDER TO 909-307-3083/Service@esri.com
REQUESTS VIA EMAIL OR SIGNED QUOTE INDICATE THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR
ORGANIZATION AND THAT YOUR ORGANIZATION DOES NOT REQUIRE A PURCHASE ORDER
If there are any changes required to your quotation please respond to this email and indicate any changes in your invoice
authorization.
If you choose to discontinue your support, you will become ineligible for support benefits and services. All maintenance fees
from the date of discontinuation will be due and payable if you decide to reactivate your support coverage at a later date.
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 http://assets.esri.com/content/dam/esrisites/media/Iegal/
product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any
item quoted, then Esri's standard terms and conditions found at
http://assets.esri.com/content/dam/esrisites/media/legal/ma-full/ma-full .pdf 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
http://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.
• 380 New York Street
esri
® Redlands, CA 92373
Phone: 888-377-45754353
Fax #: 909-307-3083
Date: 01 /28/2019 Quotation No: 25886368
Item Qty Material#
Quotation
Page 3
Customer No: 107970 Contract No: 327877
Unit Price Extended Price
In order to expediteprocessing, please referencethe quotation number andany/all applicable Esri contract number(s) (e.g.
MPA, ELA, SmartBuy, GSA, BPA)on your ordering document.
By signing below, you areauthorizing Esri to issue asoftware support invoice in themount of
USD_98,228.00 plus sales tax, if applicable.
Please check one of thefollowing:
I agree to pay any applicable sales tax.
x_ I am tax exempt. Please contact me if Esri does nolhave my current exemptinformation on file.
7/7
/ l nature of A
!VIAR 272019
g uthdrizecRepre$entative Date
Barbara Kirkmeyer
Nam? (Please Print)
BOCC Chair
Title
[M ELARAA]
020 /0 - /ow /
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: ESRI 3 Year Enterprise Agreement
DEPARTMENT: Information Technology DATE: April 10, 2018
PERSON REQUESTING: Ryan Rose, Chief Information Officer
Brief description of the problem/issue:
For many years, Weld County has used computer mapping (GIS) software from ESRI. ESRI's licensing model
for Government requires a three year Enterprise Agreement, and our current agreement is about to expire. The
attached proposed three year agreement will enable us access to ESRI software and services through April of
2021, at an average cost of $98,400 per year. This contract has been reviewed by Frank Haug and is ready for
signature.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
Grant authorization for the Chair to sign the contract.
Recommendation:
Weld County IT recommends that the Board grant approval for the Chair to sign the attached contract. This will
allow continued access to ESRI Software.
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro -Tern
Steve Moreno, Chair
Approve Schedule
8ecommendation Work Session
Other/Comments;.
2018-1201
11-/.STbbb7
171- -/g-
Is
This'Enterjeise Agreement, including the documen
wit`s at 1400 N 17th Ave.
�ylee.r ` Effective
nt in EA Pi oducts, delivery of
Y
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E
License Agreement
This EA constitutes the sole and entire
supersedes any previous agreemonts, proposals,
parties relate* to such subject . Any modifications or amendments
by an authorized n of each party,
by
nt R
Individuals
ACCEPTED AND AGREED:
WELD COUNTY
(County.
Printed Name: Barbara Kirkmeyer
Tide: BOCC Chair Pro-Tem
Date: APR 18 2018
to the subject matter set forth herein and
des, and arrangements between the
EA must be in writing and signed
ENVIRCNMENT& SYSTEMS
RESEARCH INSTITUTE. INC.
(Esri)
By:
Printed Name:
Title:
Date: `•� C j Zo1
E512G Page 1 of 12
1�, April 4, 20,17
O1//OQ-/o O
ENTERPRISE AGREEMENT TERMS AND CONDITIONS
ARTICLE 1 -DEFINITIONS
All definitions in other parts of the EA will have the same meaning in this Enterprise Agreement Terms and
Conditions. In addition, the following definitions apply to the EA:
• "Case(s)" means a failure of Products to operate according to the Documentation where such failure
substantially impacts operational or functional performance.
■ "Customer(s)" means County. For avoidance of doubt, the definition of Customer will not include
consultants or contractors. Customer(s) must not include persons or entities ineligible to receive or have
access to Esri products or services by operation of law, including US export control laws, decrees, orders,
rules, regulations, policies, riders, conditions, or provisos.
• "Deploy," "Deployment," or "Deployed" means to redistribute, or the redistribution of, the EA Products
(and their related keycodes/registration files), or their having been redistributed, by County during the
term of this EA for installation and use by Customer.
• "EA Fee" means the fee set forth in Appendix B —EA Fee Schedule.
• "EA Maintenance" means Tier 2 Support, updates, and patches provided by Esri for EA Products and
Rolled -In Software.
• "EA Products" means the Products identified in Tables A-1 and A-2 of Appendix A —Products and
Deployment Schedule. EA Products do not include Unit -Priced Item(s) or Esri technology that may be
embedded in third -party products purchased by Customer.
• "Effective Date" means the date the EA commences and the start date for all licenses, regardless of when
an Ordering Document is provided by Customer.
• "License Agreement" means the applicable master agreement incorporated by this reference that is found
at http://www.esri.com/legal/software-license and available in the installation process requiring
acceptance by electronic acknowledgment.
• "Rolled -In Software" means Products of the same type as EA Products that Customer acquired for use
prior to the Effective Date, that are current on paid maintenance (as shown in Esri's customer service
records), and that receive EA Maintenance during the term of the EA.
■ "Technical Support" means a process to attempt to resolve reported Case(s) through error correction,
patches, hot fixes, and workarounds; replacement deliveries; or any other type of Product corrections or
modifications specified in the most current applicable Esri Maintenance and Support Program.
• "Tier 1 Help Desk" means County's point of contact from which all Tier 1 Support will be given to
Customer.
■ "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk as the primary contact to
Customer in the attempted resolution of reported Case(s).
• "Tier 2 Support" means the Technical Support provided by Esri to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.
ARTICLE 2 —GRANT OF LICENSE
2.1 Grant of License. During the term of this EA, Customer's use of the EA Products is subject to the License
Agreement and any additional terms set forth in this EA. Rolled -In Software will be licensed in accordance with
the License Agreement.
2.2 Beta License. Beta licenses are not available under this EA as EA Products.
2.3 Consultant Access. Esri grants Customer the right to permit Customer's consultants or contractors to use the
EA Products exclusively for Customer's benefit. Customer shall be solely responsible for compliance by
consultants and contractors with this License Agreement and shall ensure that the consultant or contractor
discontinues use of EA Products upon completion of work for Customer. Access to or use of EA Products by
consultants or contractors not exclusively for Customer's benefit is prohibited. Customer may not permit its
consultants or contractors to install EA Products on consultant, contractor, or third -party computers or remove EA
Products from Customer locations except for the purpose of hosting the EA Products on contractor servers for the
benefit of Customer. Consultant or contractors must not include persons or entities ineligible to receive or have
E512G
Page 2 of 12 April 4, 2017
access to Esri products or services by operation of law, including US export control laws, decrees, orders, rules,
regulations, policies, riders, conditions, or provisos.
2.4 Term License. Esri grants Customer a Term License to EA Products. Customer is only authorized to use EA
Products during the term of this EA
ARTICLE 3 —SCOPE OF USE
3.1 Additional Permitted Uses. For the term of the EA, County may copy and Deploy the EA Products to
Customers up to the quantities of licenses granted in Appendix A. No other Customer has a right to copy (except
as permitted in the License Agreement) or Deploy the EA Products. County may transfer, redistribute, or Deploy
the EA Products within the continental United States; Hawaii; Alaska; and US territories, excluding Puerto Rico
and the US Virgin Islands.
3.2 Uses Not Permitted
a. Customer shall not use the EA Products outside the United States or its territories or possessions without the
prior written permission of Esri and agreement on additional fees, if any. Any such export will be subject to US
Export Control Regulation requirements of the License Agreement.
b. Customer shall not transfer, redistribute, or assign EA Products to any third party without the prior written
permission of Esri.
ARTICLE 4 -MAINTENANCE
4.1 EA Maintenance. EA Maintenance is included in the EA Fee. Rolled -In Software and EA Products will receive
EA Maintenance, provided that standard maintenance is available for each item. EA Maintenance includes
benefits specified in the most current applicable Esri Maintenance and Support Program document (found at
www.esri.com/legal) as modified by this Section 4.1.
a. Tier 1 Support Provided by County
(1) The Tier 1 Help Desk will provide Tier 1 Support to all Customers.
(2) The Tier 1 Help Desk will use analysts fully trained in the Products they are supporting.
(3) At a minimum, Tier 1 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 Case(s). Tier 1
Support analysts shall obtain a full description of each reported Case and the system configuration
from Customer. This may include obtaining any customizations, code samples, or data involved in the
Case. The analyst may also use any other information and databases that may be developed to
satisfactorily resolve Case(s).
(5) If the Tier 1 Help Desk cannot resolve a Case, an authorized Tier 1 Help Desk individual may contact
Esri for Tier 2 Support. The Tier 1 Help Desk shall provide support in such a way as to minimize
repeat calls and make solutions available to Customer.
(6) County may assign named Tier 1 Help Desk individuals up to the quantity listed in Appendix B. These
individuals will be identified in Appendix E and will be the only individuals (callers) authorized to
contact Esri directly for Tier 2 Support.
b. Tier 2 Support Provided by Esri
(1) Esri shall log the calls received from Tier 1 Help Desk individuals.
(2) Esri shall review all information collected by and received from Tier 1 Help Desk individuals including
preliminary documented troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support is
required.
(3) Esri may request that Tier 1 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 1 Help Desk.
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Page 3 of 12 April 4, 2017
(4) Esri shall attempt to resolve Case(s) submitted by Tier 1 Help Desk by assisting the Tier 1 Help Desk
individuals and not Customer.
(5) When a Case is resolved, Esri shall communicate the information to the Tier 1 Help Desk individuals,
' and the Tier 1 Help Desk shall disseminate the resolution to Customer.
(6) Esri may, at its sole discretion, make patches, hot fixes, or updates available for downloading from
Esri's website or, if requested, deliver them on media.
ARTICLE 5 —ORDERING, ADMINISTRATIVE PROCEDURES, DELIVERY, AND DEPLOYMENT REPORT
5.1 Purchase Orders, Invoicing, Delivery, and Deployment
a. Esri does not require County to issue purchase orders and will invoice County upon the Effective Date of the
EA and annually thereafter in accordance with the fee schedule set forth in this EA. County may submit
purchase orders in accordance with its own process requirements. If County issues purchase orders, then
County will submit its initial purchase order upon execution of this EA and any subsequent purchase order at
least thirty (30) days before the anniversary date. Invoices will be due and payable within thirty (30) days of
invoice.
b. Any purchase orders that County issues will reference, incorporate, and be subject to the terms and
conditions of this EA. Additional or conflicting terms in any purchase orders, invoices, or other documents
exchanged during the ordering process, other than the terms of this EA, Product or Service descriptions,
quantities, pricing, and delivery instructions, are void and of no effect. County will process all orders and
deliveries pertaining to this EA through County's centralized point of contact.
c. County will include the following information in each purchase order:
(1) Esri customer number, the ship -to address, and bill -to address as identified in Appendix D.
(2) Purchase order number.
(3) Applicable annual payment due and name of Customer.
(4) On the face of the purchase order, the following printed statement: "Governed by and subject to
Enterprise Agreement No. 327877."
d. Esri will provide Authorization Codes to activate the nondestructive copy protection program that enables
County to download, operate, or allow access to the EA Products listed in Appendix A.
e. Delivery of updates/new versions of EA Products will be made in the same manner. If requested by County,
Esri will deliver a limited number of sets of backup media as provided in Appendix B to the ship -to address
identified in Appendix D —EA Points of Contact, FOB destination with shipping charges prepaid. County may
purchase additional backup media sets at the prices in effect at the time of purchase. Delivery or receipt of
tangible media could cause prior and future license fees to be subject to taxes. Esri may invoice for and
County agrees to pay any such sales or use tax associated with receipt of tangible media.
f. County shall track the Deployment status of EA Products.
5.2 Annual Report of Deployments. At each anniversary date and ninety (90) days prior to the expiration date of
this EA, County shall provide a written report, as set forth in Appendix C, to Esri detailing all Deployments made,
including preexisting and Rolled -In Software. The report will be subject to audit by an authorized representative of
Esri.
5.3 Esri User Conference Registration. Esri shall provide Esri User Conference registrations to County annually
during the term of this EA in the quantities set forth in Appendix B. County is responsible for distributing the
registrations to Customers. Third parties may not represent or attend on behalf of County or Eligible Agencies at
any Esri User Conference.
ARTICLE 6 —POINTS OF CONTACT; NOTICES
6.1 Points of Contact. In Appendix D, each party shall identify points of contact for administrative and technical
issues.
6.2 Legal Notices. Except as otherwise set forth in this EA, any notice, report, demand, or other communication
will be made in writing in English; sent by courier, registered or certified airmail, or facsimile or other electronic
E512G
Page 4 of 12 April 4, 2017
transmission; and confirmed when sent by courier or by registered or certified airmail, properly addressed to the
appropriate party at the address set forth below, until changed by notice in writing by either party hereto. If sent by
courier or airmail, notice will be effective upon the earlier of confirmed receipt or seven (7) days from the date of
deposit with the courier service or post office. If sent by electronic transmission, notice will be effective
one (1) business day from the date of transmission, provided confirmation of receipt is made. Notices will be given
at the following addresses:
To: Esri
380 New York Street
Redlands, CA 92373-8100
Attn.: Manager, Contracts and Legal
Fax: 909-307-3020
Email: legalnotices(cr�.esri.com
ARTICLE 7 —TERM, TERMINATION, AND EXPIRATION
To: County
as listed in Appendix D
7.1 Term. The term of the EA will commence on the Effective Date and be for the period listed in Appendix B
unless this EA is terminated earlier as provided herein.
7.2 Termination for a Material Breach; Convenience. Esri may terminate this EA for a material breach by
Customer. Customer will be given a period of thirty (30) days from date of written notice to cure any material
breach. Upon termination of this EA by Esri for a material breach by Customer, all licenses Deployed will also
terminate, and the full amount of unpaid EA Fees will be due and payable by County within thirty (30) days from
the date of termination. Customers shall uninstall, remove, and destroy all EA Products; training materials; and
any whole or partial copies, modifications, or merged portions in any form. County shall deliver evidence of such
destruction to Esri (e.g., certification letter). Customer may continue to use Rolled -In Software, provided Customer
complies with the terms and conditions of the License Agreement. Further, Esri agrees that Customer is not
required to pay a maintenance reinstatement fee for lapsed maintenance for Rolled -In Software if Customer
orders maintenance at time of EA termination. Other items that may be included in this EA —such as EEAP, Esri
Virtual Campus annual user license, access codes, Virtual Campus dollar credits, and Esri User Conference
registrations —will also terminate if this EA is terminated. This EA may not be terminated for convenience.
7.3 Reserved.
7.4 License Term and Use upon Expiration of EA Term. Upon termination or expiration, all licenses granted
hereunder terminate as well. Customer will (i) stop accessing and using affected EA Product(s); (ii) clear any
client -side data cache derived from Online Services; and (iii) uninstall, remove, and destroy all copies of affected
EA Product(s) in Customer's possession or control, including any modified or merged portions thereof, in any
form, and execute and deliver evidence of such actions to Esri. Customer may continue to use the Rolled -In
Software in accordance with the terms and conditions set forth in the License Agreement. Maintenance for Rolled -
In Software will lapse if Customer does not order maintenance upon expiration of the EA.
ARTICLE 8 —CONFIDENTIALITY
8.1 Esri Confidential Information. Certain terms and conditions of this EA are confidential and proprietary
information of Esri. Except as provided herein, County shall not publish or disclose the EA (or contents) to any
third party without Esri's prior written consent. Disclosure may be made only to those County employees,
contractors, or consultants of Customer (e.g., outside counsel or accountants) who have a need to know to
perform their duties or work on behalf of Customer, and have an obligation of confidentiality. No other portions of
the EA may be disclosed to a contractor or consultant. To the extent that any such disclosures may be required
by law (such as an open/public records request), County shall inform Esri of the requested disclosure, with a
reasonable description of the requested disclosure and identification of the requester, in sufficient time for Esri to
assert any objection Esri may have to such disclosure with the appropriate administrative or judicial body.
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Page 5 of 12 April 4, 2017
ARTICLE 9 -RELATIONSHIP OF THE PARTIES
The EA does not constitute a partnership, joint venture, or agency between Esri and County. Neither Esri nor
County will hold itself out as such, nor shall Esri or County be bound or become liable because of any
representation, action, or omission of the other.
ARTICLE 10 —FORCE MAJEURE
If the performance of any obligation under this EA is prevented, restricted, or interfered with by reason of fire,
flood, earthquake, explosion, or other casualty or accident; strikes or labor disputes; inability to procure or obtain
delivery of parts, supplies, or power; war; threat of or actual terrorist act, cyber attack, or other violence; any law,
order, proclamation, regulation, ordinance, demand, or requirement of any government agency; or any act or
condition whatsoever beyond the reasonable control of the affected party, the party so affected, upon giving
prompt notice to the other party, will be provided a temporary extension for a period of time as may be reasonably
necessary to allow for such delay, prevention, interference, or restriction.
ARTICLE 11—GIS STANDARD
County shall officially name Esri as its GIS standard and act as a reference for other Esri customers and potential
customers as long as the EA remains in effect. This EA will not be construed or interpreted as an exclusive
dealings agreement, and County Agency reserves the right to purchase from third parties any of their
requirements for GIS software or related services.
County agrees that Esri may publicize the existence of the EA.
ARTICLE 12 —ADMINISTRATIVE REQUIREMENTS
12.1 Esri Partner Original Equipment Manufacturer (OEM) Bundled or Embedded Items/Services. Certain
Esri partners are authorized to either embed limited portions of Esri technology or bundle Esri products or
services with the partner's application or service under Esri's OEM or Solution OEM programs. Partner pricing
and product bundling is independent of this EA, and each partner markets under its own business model and
pricing. Customer shall not be entitled to or seek any discount from the OEM partner or Esri, directly or indirectly,
as a result of or based on the availability of such Products as EA Products under this EA. Customer shall not be
entitled to or seek to decouple Esri's technology or products/services from the partner's bundle or solution. In
addition, such Products or any component thereof included in the OEM software program or product, will be
licensed through the license agreement provided by the OEM partner and not through this EA.
12.2 EA Products —Limited Quantity or Unit -Priced Items. Esri reserves the right to exclude new Products
from uncapped Deployment. New Products may contain or be developed with (i) newly acquired
technologobtained through a significant investment or (ii) third -party intellectual property that requires a unit -
based royalty fee or prohibits Deployment under a site or enterprise license. Such items can be made available to
County on a limited -quantity basis or as unit -priced items.
12.3 Obsolescence. During the term of this EA, some of the items listed in Appendix A may become obsolete,
will no longer be commercially offered, or may no longer be available for Deployment. Customer may continue to
use EA Products that have been Deployed, but support and upgrades for older items may not be available. EA
Maintenance and maintenance and availability of EA Products identified in Appendix A will be subject to each
item's Product Life Cycle Support Status, which can be found at http://support.esri.com/en/content
/productlifecycles by selecting the product type and clicking the Product Life Cycle link for specific product plans.
Esri's Product Life Cycle Support Policy, available at http://help.arcgis.com/en/shared/product-life-cycle
/ProductLifeCycle.pdf, covers the support phases and overall support plans.
ARTICLE 13 —GENERAL PROVISIONS
13.1 If there is a conflict among any of the terms and conditions in the various documents, the order of
descending precedence will be as follows: (1) Signature Page, (2) Enterprise License Terms and Conditions,
(3) License Agreement. If Customer subscribes to the Esri Enterprise Advantage Program (EEAP), the EEAP
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Page 6 of 12 April 4, 2017
terms and conditions take precedence over the provisions of this EA with respect to products or services.
provided under EEAP. Except as otherwise expressly provided herein, any amendment or Addendum to this EA
must be in writing and signed by an authorized representative of each party.
13.2 Survival of Certain EA Clauses. The provisions of Section and 7.4 and Article 8 of this Enterprise License
Terms and Conditions document will survive the expiration or termination of this EA.
13.3 Appropriated Funds. Financial obligations of the County payable after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this EA by
County does not create an obligation on the part of County to expend funds not otherwise appropriated in each
succeeding year.
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APPENDIX A
PRODUCTS AND DEPLOYMENT SCHEDULE
TERM LICENSES ONLY
County may Deploy the EA Products up to the total quantity of licenses indicated below to Customer during the
term of this EA.
Table A-1
EA Products —Uncapped Quantities
Product
Total Qty. to Be
Deployed
ArcGIS Desktop: Advanced, Standard, Basic (single and concurrent use)
Uncapped
ArcGIS Desktop extensions: ArcGIS 3D Analyst, ArcGIS Data Reviewer, ArcGIS
Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Publisher, ArcGIS Schematics,
ArcGIS Spatial Analyst, and ArcGIS Workflow Manager (single and concurrent use)
Uncapped
ArcGIS Enterprise: Enterprise and Workgroup (Advanced and Standard)
Uncapped
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Geostatistical Analyst, ArcGIS
Network Analyst, ArcGIS Schematics, ArcGIS Spatial Analyst, and ArcGIS Workflow
Manager
Uncapped
ArcGIS GIS Server: Advanced, Standard, Basic
Uncapped
ArcGIS Enterprise Optional Servers: ArcGIS Image Server, ArcGIS GeoEvent Server
Uncapped
Mapping and Charting solutions: Esri Production Mapping for Desktop
Uncapped
T
able A-2
EA Products —Capped Quantities
Product
Rolled -In Qty.
(if applicable)
Qty. to Be
Deployed
Total
ArcGIS Monitor: For ArcGIS Server up to four
cores
0
1
1
Product
Number of
Subscriptions
Named Users per
Subscription
Annual Credits
per Subscription
ArcGIS Online Named Users: Year 1 (2018)
organizational subscription
1
50 Level 2
10,000
ArcGIS Online Named Users: Year 2 (2019):
organizational subscription
1
60 Level 2
10,000
ArcGIS Online Named Users: Year 3 (2020):
organizational subscription
1
70 Level 2
10,000
ArcGIS Enterprise (Portal) Named Users:
Year 1 (2018)
1
30 Level 2
N/A
ArcGIS Enterprise (Portal) Named Users:
Year 2 (2019)
1
40 Level 2
N/A
ArcGIS Enterprise (Portal) Named Users:
Year 3 (2020)
1
50 Level 2
N/A
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APPENDIX B
EA FEE SCHEDULE
The EA Fee is $295,198. The EA Fee is in consideration of the EA Products, EA Maintenance, and Esri User
Conference registrations.
Year 1
2018
Year 2
2019
Year 3
2020
EA Fee
Payments
$91,375
$98,228
$105,595
$295,198
Number of Esri User Conference Registrations per
Year
4
Number of Tier 1 Help Desk Callers That May Contact
Esri for Tier 2 Support
6
Number of Sets of Backup Media, if Requested
1
Term of EA
Three years from Effective Date
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APPENDIX C
COUNTY ANNUAL DEPLOYMENT REPORT
SAMPLE REPORT —This report will be provided to Esri annually as an Excel spreadsheet or in a comparable format.
Esri Annual EA License Deployment Report
Customer Name
Customer Number
Date
Prepared by
PRODUCT
Count
PRODUCT
Count
ArcGIS Desktop —Single Use (SU)
ArcGIS Enterprise
V 9.3 Advanced
3
ArcGIS Portal
1
V 10.3.1 Editor
6
V 10.4.1 Advanced
2
ArcGIS Desktop —Concurrent
ArcGIS Server
10.4.1 Basic
30
ArcGIS Server 9.3 Enterprise Advanced
1
10.4.1 Editor
10
ArcGIS Server 10.4.1 Enterprise Advanced
2
10.4.1 Advanced
10
ArcGIS Desktop Extensions
Other
Spatial Analyst
2
ArcGIS Online
40
ArcGIS Pro
10
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APPENDIX D
EA POINTS OF CONTACT
Either party may change its point of contact by written notice to the other party.
1. Esri point of contact for order processing issues:
Name: Customer Service
Esri
380 New York Street
Redlands, CA 92373-8100
Email: servicee.esri.com
Phone: 888-377-4575
Fax: 909-307-3083
2. Esri contact for Tier 2 Support issues:
MyEsri: http://mv.esri.com
Phone: 909-793-3774 (within the United States only)
Fax: 909-792-0960
Web: http://support.esri.com
3. County centralized point of contact for order release and administrative issues:
Name: Jake Mundt
Email: jmundt@weldgov.com
Phone: 970-400-2521
Fax:
4. All invoices to County will be mailed to the address listed below (unless otherwise stated on the purchase
order):
County Office: Weld County IT
Name: Billing / Ronna Brinkman
Address: 1401 N 17th Ave,
Greeley, CO 80631
5. All deliverables to County will be shipped to the address listed below:
County Office: Weld County IT
Name: Jake Mundt
Address: 1401 N 17th Ave
Greeley, CO 80631
6. All notices to County will be mailed to the address listed below:
County Office: Weld County IT
Name: Jake Mundt
Address: 1401 N 17th Ave
Greeley CO 80631
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APPENDIX E
TIER 1 HELP DESK AUTHORIZED INDIVIDUALS
Below are named Tier 1 Help Desk individuals authorized to seek Tier 2 Support from Esri. Substitutes/Changes
to Tier 1 Help Desk authorized individuals may be made by written notice to Esri.
1. Name: Dan Huerter 4. Name: Troy Puchan
Address: Address:
Phone: 970-400-2522 Phone: 970-400-2543
Fax: Fax:
Email: dhuerter@weldgov.com Email: tpuchan@weldgov.com
2. Name: Ellen Vandervoort 5. Name: Charlie Vetter
Address: Address:
Phone: 970-400-2526 Phone: 970-400-2525
Fax: Fax:
Email: evandervoort@weldgov.com Email: cvetter@weldgov.com
3. Name: Sam Gould
Address:
6. Name:
Address:
Phone: 970-400-2524 Phone:
Fax: Fax:
Email: sgould@weldgov.com Email:
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