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HomeMy WebLinkAbout2024-370-E-Tax Dept-Environmental Systems Research Institute, Inc. (ESRI)-ArcGIS Desktop Standard and Advanced annual software maintenanceRevised 01/24 NORTH CAROLINA CONTRACT AMENDMENT ONE ORANGE COUNTY THIS CONTRACT AMENDMENT (“Amendment One”) is made and entered into this 3rd day of June 2024 by and between ORANGE COUNTY (hereinafter referred to as “County”) and Environmental Systems Research Institute, Inc. (ESRI) having offices at 380 New York Street, Redlands, CA 92373-8100 (hereinafter referred to as “Provider”). WITNESSETH: THAT WHEREAS, the County and Provider entered into a contract dated August 29, 2023, (hereinafter the “Original Agreement”), for the provision of commercial off-the-shelf (COTS) software subscriptions and maintenance (“Software and Maintenance”) as further described and designated in Exhibit I – ESRI Renewal Quotation # 26128476 dated July 31, 2023 (the “Quote”) to be rendered by Provider to County; and WHEREAS, the County and Provider desire to amend the Original Agreement to renew Software and Maintenance pursuant to ESRI Renewal Quotation # 26215871 in the attached Exhibit I (“Renewal Quote”) while keeping in effect all terms and conditions of the Original Agreement except as modified below. NOW THEREFORE, for and in consideration of the mutual covenants and agreements made herein, the parties agree to amend the Original Agreement as follows: 1. Section 1 Commercial off-the-shelf (COTS) Software and Maintenance, Subsection 1. is revised to add the following sentence to the end of the section: “During the Renewal Term as defined in Section 2 below, the Software and Maintenance detailed in the Renewal Quote shall be rendered by Provider to the County subject to the terms of the Original Agreement as modified herein.” 2. Section 3 Duration of Agreement is revised to reflect a renewal of the term from August 31, 2024 through August 30, 2025 (“Renewal Term”) subject to the County’s payment of all fees detailed in the Renewal Quote and all other terms of the Original Agreement as modified herein. 3. Section 4 Compensation is amended to reflect a maximum payable not-to-exceed amount of Fifty-Eight Thousand One Hundred Forty-One Dollars and Nineteen Cents ($58,141.19) during the Renewal Term. 4. Except for the changes made herein, the Original Agreement shall remain in full force and effect to the extent it is not inconsistent with this Amendment. In the event there is a conflict between the terms of the Original Agreement and the terms of this Amendment, this Amendment shall control. IN TESTIMONY WHEREOF, this Amendment has been executed by the parties hereto, as of the date first above written. ORANGE COUNTY PROVIDER ______________________________ __________________________________ Bonnie Hammersley Timothy Brazeal County Manager Manager, Commercial & Government Contracts DocuSign Envelope ID: 0175EB7D-1D7E-4132-B3B8-68C68F029194 Subject: Renewal Quotation Date:06/01/2024 To:Michael Burton Organization:County of Orange Information Technologies Dept Fax #:919-644-3015 Phone #: 919-245-2502 From:Axel Penaloza Fax #: Phone #: +19093698211 Ext. 8211 Email:apenaloza@esri.com Number of pages transmitted Quotation #26215871 (including this cover sheet): 6 Document Date: 06/01/2024 Please find the attached quotation for your forthcoming term. Keeping your term current may entitle you to exclusive benefits, and if you choose to discontinue your coverage, you will become ineligible for these valuable benefits and services. If your quote is regarding software maintenance renewal, visit the following website for details regarding the maintenance program benefits at your licensing level http://www.esri.com/apps/products/maintenance/qualifying.cfm All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate your coverage at a later date. Please note: Certain programs and license types may have varying benefits. Complimentary User Conference registrations, software support, and software and data updates are not included in all programs. Customers who have multiple copies of certain Esri licenses may have the option of supporting some of their licenses with secondary maintenance. For information about the terms of use for Esri products as well as purchase order terms and conditions, please visit http://www.esri.com/legal/licensing/software-license.html If you have any questions or need additional information, please contact Customer Service at 888-377-4575 option 5. Esri Inc 380 New York Street Redlands CA 92373 Exhibit I DocuSign Envelope ID: 0175EB7D-1D7E-4132-B3B8-68C68F029194 10 2 52384 3,475.00 6,950.00 ArcGIS Desktop Advanced Concurrent Use Primary Maintenance Start Date: 08/31/2024 End Date: 08/30/2025 Subscription ID: 9204295214 1010 9 52385 1,400.00 12,600.00 ArcGIS Desktop Advanced Concurrent Use Secondary Maintenance Start Date: 08/31/2024 End Date: 08/30/2025 Subscription ID: 9204295214 2010 1 86497 1,750.00 1,750.00 ArcGIS Desktop Standard Concurrent Use Primary Maintenance Start Date: 08/31/2024 End Date: 08/30/2025 Subscription ID: 9204295214 3010 3 86500 1,400.00 4,200.00 ArcGIS Desktop Standard Concurrent Use Secondary Maintenance County of Orange Information Technologies Dept GIS Div PO Box 8181 Hillsborough NC 27278 Attn: Michael Burton Email: mburton@orangecountync.gov _______________________________________________________________________ Please note Esri has introduced a price change and this quote reflects current pricing for your organization. It is important to us that we are able to continue to deliver value through enhancements to products, solutions, and capabilities. Your renewal provides access to all the benefits you are familiar with, which you can review at https://go.esri.com/maintenance For questions related to the price change, please reach out to your assigned Esri Account Manager. 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. To expedite your order, please reference your customer number and this quotation number on your purchase order. Send Purchase Orders To: Environmental Systems Research Institute, Inc. 380 New York Street Redlands, CA 92373-8100 Attn: Axel Penaloza 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 _______________________________________________________________________________ _______________________________________________________________________________ Date: 06/01/2024 Quotation Number: 26215871 Contract Number: 00234464.0 380 New York Street Redlands, CA 92373 Phone: +190936982118211 Customer Number: 873 For questions regarding this document, please contact Customer Service at 888-377-4575. Quotation _______________________________________________________________________________ DocuSign Envelope ID: 0175EB7D-1D7E-4132-B3B8-68C68F029194 Start Date: 08/31/2024 End Date: 08/30/2025 Subscription ID: 9204295214 4010 1 87194 810.00 810.00 ArcGIS Desktop Basic Concurrent Use Primary Maintenance Start Date: 08/31/2024 End Date: 08/30/2025 Subscription ID: 9204295214 5010 1 87232 580.00 580.00 ArcGIS Spatial Analyst for Desktop Concurrent Use Primary Maintenance Start Date: 08/31/2024 End Date: 08/30/2025 6010 2 87233 230.00 460.00 ArcGIS Spatial Analyst for Desktop Concurrent Use Secondary Maintenance Start Date: 08/31/2024 End Date: 08/30/2025 7010 1 87198 580.00 580.00 ArcGIS 3D Analyst for Desktop Concurrent Use Primary Maintenance Start Date: 08/31/2024 End Date: 08/30/2025 8010 2 87199 230.00 460.00 ArcGIS 3D Analyst for Desktop Concurrent Use Secondary Maintenance Start Date: 08/31/2024 End Date: 08/30/2025 9010 4 87192 460.00 1,840.00 ArcGIS Desktop Basic Single Use Primary Maintenance Start Date: 08/31/2024 End Date: 08/30/2025 Subscription ID: 9204295214 10010 30 87193 350.00 10,500.00 ArcGIS Desktop Basic Single Use Secondary Maintenance Start Date: 08/31/2024 End Date: 08/30/2025 Subscription ID: 9204295214 Item Qty Material# Unit Price Extended Price _______________________________________________________________________________ _______________________________________________________________________________ Page 2 Date: 06/01/2024 Quotation Number: 26215871 Contract Number: 00234464.0 380 New York Street Redlands, CA 92373 Phone: +190936982118211 Quotation DocuSign Envelope ID: 0175EB7D-1D7E-4132-B3B8-68C68F029194 11010 1 93303 1,750.00 1,750.00 ArcGIS Desktop Standard Single Use Primary Maintenance Start Date: 08/31/2024 End Date: 08/30/2025 Subscription ID: 9204295214 12010 1 100571 580.00 580.00 ArcGIS Network Analyst for Desktop Concurrent Use Primary Maintenance Start Date: 08/31/2024 End Date: 08/30/2025 13010 1 100572 230.00 230.00 ArcGIS Network Analyst for Desktop Concurrent Use Secondary Maintenance Start Date: 08/31/2024 End Date: 08/30/2025 14010 14 165533 377.00 5,278.00 ArcGIS Online Mobile Worker User Type Annual Subscription Start Date: 08/31/2024 End Date: 08/30/2025 Subscription ID: 9204295214 15010 1 115680 5,885.00 5,885.00 ArcGIS for Server Enterprise Standard Up to Four Cores from ArcIMS 9.1 Migrated Maintenance Includes Enterprise Basic Up to Four Cores from ArcSDE 9.1 Migrated Maintenance Bundle Start Date: 08/31/2024 End Date: 08/30/2025 15020 1 109839 ArcGIS for Server Enterprise Standard Up to Four Cores Migrated Maintenance Item equals $2,354.00 of the bundled price. Start Date: 08/31/2024 End Date: 08/30/2025 15030 1 109840 ArcGIS for Server Enterprise Basic Up to Four Cores Migrated Maintenance Item equals $3,531.00 of the bundled price. Start Date: 08/31/2024 End Date: 08/30/2025 Item Qty Material# Unit Price Extended Price _______________________________________________________________________________ _______________________________________________________________________________ Page 3 Date: 06/01/2024 Quotation Number: 26215871 Contract Number: 00234464.0 380 New York Street Redlands, CA 92373 Phone: +190936982118211 Quotation DocuSign Envelope ID: 0175EB7D-1D7E-4132-B3B8-68C68F029194 Item Subtotal 54,453.00 Estimated Taxes 3,688.19 Total USD 58,141.19 DUNS/CEC: 06-313-4175 CAGE: 0AMS3 Item Qty Material# Unit Price Extended Price _______________________________________________________________________________ _______________________________________________________________________________ Page 4 Date: 06/01/2024 Quotation Number: 26215871 Contract Number: 00234464.0 380 New York Street Redlands, CA 92373 Phone: +190936982118211 Quotation DocuSign Envelope ID: 0175EB7D-1D7E-4132-B3B8-68C68F029194 Renew online by using a credit card, purchase order, or by requesting an invoice at https://www.esri.com/en-us/quote-order/renew. 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/legal/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. In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g. MPA, EA, GSA, BPA) on your ordering document. Item Qty Material# Unit Price Extended Price _______________________________________________________________________________ _______________________________________________________________________________ Page 5 Date: 06/01/2024 Quotation No: 26215871 Customer No: 873 Contract No: 00234464.0 380 New York Street Redlands, CA 92373 Phone: +190936982118211 Quotation DocuSign Envelope ID: 0175EB7D-1D7E-4132-B3B8-68C68F029194 Revised 01/24 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Environmental Systems Research Institute, Inc. (ESRI) Vendor Contact Person: Hannah Sistos Phone: (909) 369- 3265 Address: 380 New York Street City Redlands State: CA Zip: 92373-8100 Department: Tax Administration Amount: $54,453 before taxes Purpose: ArcGIS Desktop Standard and Advanced annual software maintenance Budget Code(s): 10315020 625010 Vendor # 26205 Vendor Status with NCSOS: N/A Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: 9/27/2023) (Most Recent Amendment N/A) Effective Date 8/31/2024 End Date 8/30/2025 Notice Date N/A (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. This agreement is approved as to technical form and content. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: 0175EB7D-1D7E-4132-B3B8-68C68F029194 6/25/2024 6/26/2024 7/1/2024 7/2/2024 7/2/2024 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY X 2,000,000 OWNERS/CONTRACTORS 25674 ZPL-71N73536-24-I3 A 1,000,000/2,000,000 02/15/2025 X Technology E&O/Cyber Liability CN102703377-ESRI-GAWUE-24-25 1,000,000 Brandon Pham 02/15/2025 LOS-002704645-05 02/15/2024 2,000,000 06/26/2024 X 100,000 949 399 2999 incl Network Sec. & Privacy 1,000,000 Deductible X 1,000,000 1,000,000 brandon.pham@marsh.com 02/15/2025 02/15/2024 Each Claim & Aggregate 10,000 UB-8J256475-24-I3-G Claims Made Form;Retro Date 7/16/87 1,000,000 Orange County is named as additional insured as respects general liability as their interest may appear, per written contract with the named insured. Contractual Liability is included in General Liability subject to policy terms and conditions. Waiver of subrogation is applicable where required by written contract and subject to policy terms and conditions. Research Institute, Inc. Environmental Systems Redlands, CA 92373 380 New York Street 1,000,000 Travelers Property Casualty Co. of America X 17901 Von Karman Avenue, Suite 1100 Marsh Risk & Insurance Services Irvine, CA 92614 (949) 399-5800; License #0437153 H-660-0130P85A-TIL-24 N Hillsborough, NC 27278 Orange County P.O. Box 8181 02/15/2024 A 213-346-5165 BLANKET CONTRACTUAL LIAB X A DocuSign Envelope ID: 0175EB7D-1D7E-4132-B3B8-68C68F029194 DocuSign Envelope ID: 0175EB7D-1D7E-4132-B3B8-68C68F029194 DocuSign Envelope ID: 0175EB7D-1D7E-4132-B3B8-68C68F029194 DocuSign Envelope ID: 0175EB7D-1D7E-4132-B3B8-68C68F029194 DocuSign Envelope ID: 0175EB7D-1D7E-4132-B3B8-68C68F029194 DocuSign Envelope ID: 0175EB7D-1D7E-4132-B3B8-68C68F029194