HomeMy WebLinkAbout20142579.tiff RESOLUTION
RE: APPROVE AMENDMENT #3 TO ENTERPRISE LICENSE AGREEMENT FOR GIS
SOFTWARE AND AUTHORIZE CHAIR TO SIGN - ENVIRONMENTAL SYSTEMS
RESEARCH INSTITUTE (ESRI), INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with Amendment #3 to Enterprise License
Agreement for GIS Software between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Department of Information
Technology, and Environmental Systems Research Institute, Inc., commencing April 28, 2015,
and ending April 27, 2018, with further terms and conditions being as stated in said amendment,
and
WHEREAS, after review, the Board deems it advisable to approve said amendment, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Amendment #3 to Enterprise License Agreement for GIS Software
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Information Technology, and
Environmental Systems Research Institute, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of August, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d ;esk N 44 cin Raa.yln
666 ouglas;Rademacher, Chair
Weld County Clerk to the Board +�
t\ IELa CUSED
bara Kirkmeyer, Pro-Tem
ty Clerk . the Boa>
n P. Conway
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APP D ORM:
��► Mike Free
unty Attorney
ilha . Garcia
Date of signature: /i/
2014-2579
9'W DP0010
MEMORANDUM
-~ w •, TO: Weld County BOCC August 15, 2014
, Ir
I t _ r i FROM: Ryan Rose, Chief Information Officer
fi
SUBJECT: Enterprise License Agreement with ESRI
The attached Enterprise License Agreement for GIS Software between Weld County and
Environmental Systems Research Institute (ESRI), Inc., is being presented for
consideration. This three year agreement enables simplistic procurement and
deployment of GIS Software at a pre-defined cost. If approved, this agreement would
provide a three year extension to a contract first adopted in 2009, which is set to expire on
April 27, 2015.
This renewal is proposed well in advance of the expiration date of the current agreement,
only because the agreement has been negotiated and agreed upon. If we postpone
execution of the agreement, we may have to re-negotiate the terms and pricing in the
event that ESRI's product offerings change.
The current agreement we have with ESRI is a fixed annual cost of$75,000 per year. The
associated costs proposed in this amendment scale up over three years to accommodate
a projected increase of utilization of online services. The associated costs in this proposal
are: $75,000 in 2015, $80,000 in 2016, and $85,000 in 2017 (three year total of
$240,000).
It is the recommendation of the Department of Information Technology to approve this
agreement.
2014-2579
• esri'
ESRI,380 New York St..Redlands.CA 92373-8100 USA•TEL 909-793-2853•FAX 909-793-5953
Amendment No. 3
to
Enterprise License Agreement No.2009ELA1866(ELA)
Between
County of Weld(County)
and
Environmental Systems Research Institute,Inc.(Esri)
This Amendment No.3 is effective as of April 28,2015 and changes the ELA to extend the term an additional three year
period, update product list and pricing for the extended period,as follows:
1. Section 5.1.The following is added to section 5.1 Term:
"The term of this ELA is extended an additional three year period from April 28,2015 to April 27,2018,unless this
ELA is terminated earlier as provided herein."
2. Enterprise Software. During the extended term of the ELA from April 28,2015 to April 27,2018 the Enterprise
Software Schedule is update with a new schedule,a copy of which is attached hereto as Appendix A and incorporated
herein by reference.
3. ELA Fee.During the extended term of the ELA from April 28,2015 to April 27,2018 the ELA Fee shall be described in
Appendix B,ELA Fee Schedule,a copy of which is attached hereto and incorporated herein by reference.
4. Section 13.4.Section 13.4 shall not apply to this amendment. ELA Fee payments are due and payable pursuant to
section 11.1 a of the ELA.
5. Section 9.9. Section 9.9 of the ELA is hereby deleted in its entirety and replaced with the following:
Section 9.9 Governing Law and Forum. This ELA shall be governed by and construed in accordance with the laws of
the State of Colorado without reference to conflict of law principles,except that United States federal law shall govern in
matters of intellectual property. For legal actions between the parties to this ELA,the parties hereby submit to the
exclusive jurisdiction and venue of Weld County,Colorado, for state court matters and the nearest federal courts to
Weld County with proper jurisdiction over federal or intellectual property disputes related to this ELA.
6. Article 9--General Provisions, Section 9.10,9.1 1,and 9.12 are hereby added to the ELA as follows:
Section 9.10 Governmental Immunity. No term or condition of this ELA shall be construed or interpreted as a waiver,
express or implied,of any of the immunities,rights,benefits,protections,or other provisions of the Colorado
Governmental Immunity Act§§ 24-10-101 et seq.,as applicable now or hereafter amended.
Section 9.11 Independent Contractor. ESRI shall perform its duties pursuant to this ELA as an independent contractor
and not as an employee. ESRI shall be solely responsible for its acts and those of its agents and employees for all acts
performed pursuant to this ELA.Neither ESRI nor any agent or employee of ESRI shall be deemed to be an agent or
employee of Licensee. ESRI and its employees and agents are not entitled to unemployment insurance or workers'
compensation benefits through Licensee and Licensee shall not pay for or otherwise provide such coverage for ESRI or
any of its agents or employees. Unemployment insurance benefits will be available to ESRI and its employees and agents
only if such coverage is made available by ESRI or a third party. ESRI shall pay when due all applicable employment
taxes and income taxes and local head taxes(if applicable)incurred pursuant to this ELA. ESRI shall not have
authorization,express or implied,to bind Licensee to any agreement, liability or understanding,except as expressly set
forth in this ELA.
Section 9.12 No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of
the terms and conditions of this ELA,and all rights of action relating to such enforcement,shall be strictly reserved to
2009ELA1866-A3/JC Page 1 of4 05/28/14
the undersigned parties and nothing in this ELA shall give or allow any claim or right of action whatsoever by any other
person not included in this ELA. It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this ELA shall be an incidental beneficiary only.
All other terms and conditions of the ELA as amended shall remain the same. Accepted and agreed :
ENVIRONMEN MS RES ARCH
COUNTY OF WELD INSTITUTE, C.
(Licensee l :tur
Printed Name: Douglas Rademacher Printed Name: Chris Johnson
Chair , Weld County Board of
Title: Commissioners _ ���! - Title: Manager, (if
Domestic Contracts
AUG 2 0 2014
Date: ate:` Rfj
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2009ELA 1866-A3/JC 2 05/28/ 14
Mo"! -2579
APPENDIX A
ENTERPRISE SOFTWARE SCHEDULE
During the extended term of the ELA from April 28,2015 to April 27,2018,County may Deploy the Enterprise Software up
to the total quantity of licenses indicated below. Enterprise Software licenses granted pursuant to this ELA are Term Licenses
available for use only during the extended term of this ELA.
Table A-I
Enterprise Software—Unlimited Quantities
Total Qty./Seats
Product to Be Deployed
ArcGIS for Desktop: ArcGIS for Desktop Advanced(formerly Arclnfo), Standard(formerly Unlimited
ArcEditor),and Basic(formerly ArcView)(single and concurrent use)
AreGIS for Desktop extensions: ArcGIS 3D Analyst,ArcGIS Data Reviewer,ArcGIS Unlimited
Geostatistical Analyst,ArcGIS Network Analyst, ArcGIS Publisher,ArcGIS Schematics,ArcGIS
Spatial Analyst,and ArcGIS Workflow Manager(single and concurrent use)
ArcGIS for Server: ArcGIS for Server Enterprise and Workgroup(Advanced, Standard,and Basic) Unlimited
ArcGIS for Server extensions: ArcGIS 3D Analyst,ArcGIS Geostatistical Analyst,ArcGIS Image Unlimited
Extension, ArcGIS Network Analyst,ArcGIS Schematics,ArcGIS Spatial Analyst,and ArcGIS
Workflow Manager
ArcGIS Engine: ArcGIS Engine development tools for deploying custom applications Unlimited
ArcGIS Engine extensions:ArcGIS 3D Analyst,ArcGIS Geodatabase Update,ArcGIS Network Unlimited
Analyst,ArcGIS Schematics,and ArcGIS Spatial Analyst(single and concurrent use)
ArcGIS Runtime: Standard deployment licenses for custom applications Unlimited
ArcGIS Runtime extensions: ArcGIS 3D Analyst,ArcGIS Network Analyst,and ArcGIS Spatial Unlimited
Analyst(single use)
Table A-2
Enterprise Software—Limited Quantities
Number of Named Users per Annual Credits per
Product Subscriptions Subscription Subscription
ArcGIS Online Subscription,Level 2 1 50 10,000
2009ELA 1866-A3/JC Page 3 of 4 05/28/14
APPENDIX B
ELA FEE SCHEDULE
During the extended term of the ELA from April 28,2015 to April 27,2018,the ELA Fee is$240,000.The ELA Fee is in
consideration of the Enterprise Software, ELA Maintenance,and Esri International User Conference registrations.
Year 7 Year 8 Year 9 Total ELA Fee
April 28,2015 April 28,2016 April 28,2017 For Years 7,8,
to to to and 9
April 27,2016 April 27,2017 April 27,2018
Payments $75,0000 $80,000 $85,000 $240,000
Number of Esri International User
Conference Registrations per Year 4
Number of Tier I Help Desk
Individuals 4
Back-up media(if requested) I set
Three(3)years
from April 28,
Extended Term of ELA 2015
2009ELA 1866-A3/JC Page 4 of 4 05/28/14
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