2014-28781 Reso RESOLUTION NO. 2014-28781
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING PURSUANT TO 2-
367(d), OF THE CITY CODE, THE SOLE SOURCE PURCHASE OF
SOFTWARE UPDATES FOR GEOGRAPHIC INFORMATION SYSTEMS
(GIS) AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE A SMALL MUNICIPAL AND COUNTY GOVERNMENT
ENTERPRISE LICENSE AGREEMENT (ELA) WITH ENVIRONMENTAL
SYSTEMS RESEARCH INSTITUTE, INC. (ESRI) FOR A THREE (3) YEAR
PERIOD, AT AN ANNUAL COST OF $50,000.
WHEREAS, pursuant to Section 2-367(d) of the City Code, the City Commission
may enter into contracts for goods and/or services where only one source for the products
or service is evident; and
WHEREAS, Environmental Systems Research Institute, Inc. (ESRI) is a sole source
provider for the maintenance updates required for the existing Geographic Information
System (GIS) system utilized by the City; and
WHEREAS, on March 14, 2007, the City Commission, via Resolution No. 2007-
26486, approved the purchase of a GIS site license from ESRI, in the amount of $101,204;
and
WHEREAS, on November 5, 2008, the City Commission, via Resolution No. 2008-
26937, approved an upgrade from the yearly maintenance agreement for the GIS software
from ESRI, to a three (3) year ESRI Small Municipal and County Enterprise License
Agreement (ELA), which expired on December 7, 2011; and
WHEREAS, on October 19th, 2011, the City Commission, via Resolution No. 2011-
27772, approved a three (3) year ELA agreement for the GIS Software updates, from ESRI,
effective December 7, 2011 through December 7, 2014, at an annual cost of$50.000; and
WHEREAS, the Administration recommends entering into a new three (3) year ELA
maintenance contract for GIS software updates from ESRI, at an annual cost of$50,000.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, approving pursuant to 2-
367(d), of the City Code, the sole source purchase of software updates for Geographic
Information Systems (GIS) and authorizing the City Manager and City Clerk to execute a
Small Municipal And County Government Enterprise License Agreement (ELA) With
Environmental Systems Research Institute, Inc. (ESRI) for a three (3) year period, at an
annual cost of$50,000.
PASSED AND ADOPTED this day of / 20.14.
ATTEST:
Philip Levine, o
APPROVED AS TO
FORM & LANGUAGE
�:� �� ORAT�D� ,
&FOR EXECUTION
afael E. Granado ly-0 :
O � ;• • �� City Attorney Date
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A SMALL
MUNICIPAL AND COUNTY GOVERNMENT ENTERPRISE LICENSE AGREEMENT (ELA) WITH
ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE INC. (ESRI) FOR THE GEOGRAPHIC
INFORMATION SYSTEM (GIS); SAID AGREEMENT HAVING A TERM OF THREE (3) YEARS, AT AN
ANNUAL COST OF$50,000.
Key Intended Outcome Supported:
Strengthen Internal Controls To Achieve More Accountability. Build and Maintain Priority Infrastructure With
Full Accountability.
Supporting Data(Surveys, Environmental Scan, etc.):
Item Summa /Recommendation:
The City's Geographic Information System is a critical element in various departments throughout the City. ,
Many programs rely on GIS including City Works asset management system, New World computer aided
dispatch system,Automated Vehicle Location system, Eden, Cleanliness/Appearance Reporting,traffic alert
updates, and more. In addition,GIS provides mapping,analysis, and reporting needs for all city departments
including:
• Provides mapping support services for the Mayor's Blue Ribbon Panel on Sea Level Rise.
Administers the Police Department's Crime Analysis Division's ArcGIS Online portal.
• Develops and maintains automated processes for updating Miami-Dade County property appraiser
parcel data.
• Provides support services for the City's Emergency Operations Center.
• Provides contractors working outside the City's computer network access to view live storm water
and sanitary GIS data in AutoCAD.
On March 14, ,2007, the City Commission, via Resolution No. 2007-26486, approved the purchase of a
Geographic Information System(GIS)'Site License from Environmental System Research Institute,Inc.(ESRI)
and established the ESRI system as the City's GIS standard. On March 14, 2008, the City Commission,
through Resolution 2008-26937, approved the transition from a single site license to a three (3) year Small
Municipal and County Enterprise License Agreement.because of the added functionality,ongoing maintenance
and support, and cost effectiveness. On December 7, 2011, through Resolution 2011-27772, the City
Commission approved the further extension of the Small Municipal and County Enterprise License Agreement
through December 14, 2014. To continue the use of the ESRI GIS system past December 14, 2014,the City
must execute a new Small Municipal and County Enterprise License Agreement.
CONCLUSION
The ESRI GIS system has been used extensively throughout the City for many applications requiring GIS
functionality, and has performed well. Additionally, the ESRI GIS system is a product partner with Tyler
Technologies, owner of the recently approved Munis ERP system. Therefore, the Administration does not
expect any issues in utilizing the ESRI GIS while transitioning to the Munis ERP system. Given past
performance,the extensive use of the ESRI GIS system,its functionality with the City's current and future ERP
systems, as well its relatively low cost, the Administration recommends approval of the attached Small
Municipal and County Enterprise License Agreement with a three(3)year term at an annual cost of$50,000.00
RECOMMENDATION
Approve the Resolution.
Advisory Board Recommendation:
N/A
Financial lnfor ation:
Source of Amount Account
Funds: $50,000 550-0630-000325
OBPI Total $50,000
Financial Impact Summary:
City Clerk's Office Legislative racking:
Alex Denis, ext. 7490
Si n- ffs:
went D' for Assistant City Manager ity;Manager
AD E MT JLM
TAAGE D \2014\0ctober\Procurement\ESRI-Summary.doc
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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Phillip Levine and Members f the City ommission
FROM: Jimmy L. Morales, City Manager
DATE: October 22, 2014
SUBJECT: A RESOLUTION OF THE MA OR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA PPROVING AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE A SMALL MUNICIPAL AND
COUNTY GOVERNMENT ENTERPRISE LICENSE AGREEMENT (ELA)
WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE INC. (ESRI)
FOR THE GEOGRAPHIC INFORMATION SYSTEMS; SAID AGREEMENT
HAVING A TERM OF THREE (3) YEARS, AT AN ANNUAL COST OF
$50,000.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
FUNDING
Account Code: 550-0630-000325, Amount-$50,000 for FY2015
BACKGROUND/ANALYS
The City's Geographic Information System is a critical element in various departments throughout
the City. Many programs rely on GIS including City Works asset management system, New
World computer aided dispatch system, Automated Vehicle Location system, Eden,
Cleanliness/Appearance Reporting, traffic alert updates, and more. In addition, GIS provides
mapping, analysis, and reporting needs for all city departments including:
• Provides mapping support services for the Mayor's Blue Ribbon Panel on Sea Level
Rise.
• Administers the Police Department's Crime Analysis Division's ArcGIS Online portal.
• Develops and maintains automated processes for updating Miami-Dade County
property appraiser parcel data.
• Provides support services for the City's Emergency Operations Center.
• Provides contractors working outside the City's computer network access to view live
storm water and sanitary GIS data in AutoCAD.
On March 14, 2007, the City Commission, via Resolution No. 2007-26486, approved the
purchase of a Geographic Information System (GIS) Site License from Environmental System
Research Institute, Inc. (ESRI) and established the ESRI system as the City's GIS standard. On
March 14, 2008, the City Commission, through Resolution 2008-26937, approved the transition
from a single site license to a three (3) year Small Municipal and County Enterprise License
Agreement because of the added functionality, ongoing maintenance and support, and cost
effectiveness. On December 7, 2011, through Resolution 2011-27772, the City Commission
approved the further extension of the Small Municipal and County Enterprise License Agreement
through December 14, 2014. To continue the use of the ESRI GIS system past December 14,
2014, the City must execute a new Small Municipal and County Enterprise License Agreement.
October 22,2014
Commission Memorandum
Enterprise License Agreement- ESRI
Page 2 of 2
CONCLUSION
The ESRI GIS system has been used extensively throughout the City for many applications
requiring GIS functionality, and has performed well. Additionally, the ESRI GIS system is a
product partner with Tyler Technologies, owner of the recently approved Munis ERP system.
Therefore, the Administration does not expect any issues in utilizing the ESRI GIS while
transitioning to the Munis ERP system. Given past performance, the extensive use of the ESRI
GIS system, its functionality with the City's current and future ERP systems, as well its relatively
low cost, the Administration recommends approval of the attached Small Municipal and County
Enterprise License Agreement with a three(3) year term at an annual cost of$50,000.00
RECOMMENDATION
Approve the Resolution.
il-WIVIDAID/Ap-41
T:\AGENDA\2014\220ctober\ESRI-Memo.doc
Gesr*l:O)
July 29,2014
Mr. Keary Cunningham
City of Miami Beach
1700 Convention Ctr Dr
Miami Beach,FL 33139
Dear Keary,
The Esri Small Municipal and County Government Enterprise License Agreement(ELA) is a three-year
agreement that will grant your organization access to Esri®term license software on an unlimited basis
including maintenance on all software offered through the ELA for the term of the agreement.The ELA
will be effective on the date executed and will require a firm, three-year commitment.
Based on Esri's work with several organizations similar to yours,we know there is significant potential to
apply geographic information system(GIS)technology in many operational and technical areas within
your organization. For this reason,we believe that your organization will greatly benefit from an
enterprise license agreement.
An ELA will provide your organization with numerous benefits including:
• A lower cost per unit for licensed software
• Substantially reduced administrative and procurement expenses
• Maintenance on all Esri software deployed under this agreement
• Complete flexibility to deploy software products when and where needed
The following business terms and conditions will apply:
• All current departments, employees,and in-house contractors of the organization will be eligible
to use the software and services included in the ELA.
• term f the
If our organization wishes to acquire and/or maintain any Esri software during the to o
Y g
agreement that is not included in the ELA,it may do so separately at the Esri pricing that is
generally available for your organization for software and maintenance.
• The organization will establish a single point of contact for orders and deliveries and will be
responsible for redistribution to eligible users.
• The organization will establish a Tier 1 support center to field calls from internal users of Esri
software. The organization may designate individuals as specified in the ELA who may directly
contact Esri for Tier 2 technical support.
• The organization will provide an annual report of installed Esri software to Esri.
380 Ne+w York Street 909:793.2853
Redlands,:'California 92373-8100.6sa info @esri.com esri.com.
• Esri software and updates that the organization is licensed to use will be automatically available
for downloading.
• The organization will act as an Esri reference site and will permit Esri to publicize its use of Esri
software and services.
• The fee and benefits offered in this ELA proposal are contingent upon your acceptance of Esri's
Small Municipal and County Government ELA terms and conditions.
• Licenses are valid for the term of the ELA.
This program offer is valid for 90 days.To complete the agreement within this time frame,please contact
me within the next seven days to work through any questions or concerns you may have. To expedite
your acceptance of this ELA offer:
1. Sign and return the signature page of the ELA with a Purchase Order or issue a Purchase
Order that references this ELA Quotation and includes the following statement on the face of the
Purchase Order: "THIS PURCHASE ORDER IS GOVERNED BY THE TERMS AND
CONDITIONS OF THE ESRI SMALL MUNICIPAL AND COUNTY GOVERNMENT
ELA,AND ADDITIONAL TERMS AND CONDITIONS IN THIS PURCHASE ORDER
WILL NOT APPLY." Have it signed by an authorized representative of the organization.
2. On the first page of the ELA,identify the central point of contact/agreement administrator. The
agreement administrator is the party that will be the contact for management of the software,
administration issues, and general operations. Information should include name,title(if
applicable),address,phone number, and e-mail address.
3. In the purchase order,identify the"Ship to" and"Bill to" information for your organization.
4. Send the purchase order and agreement to the address,email or fax noted below:
Esri e-mail: service @esri.com
Attn: Customer Service SG-ELA fax documents to: 909-307-3083
380 New York Street
Redlands, CA 92373-8100
I appreciate the opportunity to present you with this proposal,and I believe it will bring great benefits to
your organization.
Thank you very much for your consideration.
Best Regards,
Robyn Garrett
rgarrett(a,esri.com
704-541-9810 *8640
Small Government ELA 2
e..sri.9 Quotation # 20453384
Date: July 29, 2014
ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. Customer#142437 Contract#
3325 Springbank Ln, Ste 200 City of Miami Beach
Charlotte, NC 28226-3343
Phone: (704)541-9810 Fax: (704) 541-7620 Public Works Dept
DUNS Number: 06-313-4175 CAGE Code: OAMS3 1700 Convention Dr
Miami Beach, FL 333 139
To expedite your order,please attach a copy of
this quotation to your purchase order. ATTENTION: Keary Cunningham
Quote is valid from: 0712912014 To: 1012712014 PHONE: (305)673-7000
FAX:
Material Qty Description Unit Price Total
110037 1 Populations of 50,001 to 100,000 Small Government Term Enterprise 50,000.00 50,000.00
License Agreement
-First yearly payment
110037 1 Populations of 50,001 to 100,000 Small Government Term Enterprise 50,000.00 50,000.00
License Agreement
-Second yearly payment
110037 1 Populations of 50,001 to 100,000 Small Government Term Enterprise 50,000.00 50,000.00
License Agreement
-Third yearly payment
Item Total: 150,000.00
Subtotal: 150,000.00
Sales Tax: 0.00
Estimated Shipping&Handling(2 Day Delivery): 0.00
Contract Pricing Adjust: 0.00
Total: $150,000.00
This quote is for the continuation of the SGELA within Miami Beach and to renew
the current contract#2011 SGE7714 which expires 10-24-2014.
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: Robyn Garrett Email: raarrett_.esn.com Phone: (704)541-9810 x8640
The items on this quotation are subject to the terms set forth herein and the terms of your agreement with Esri,if any,or,where applicable,Esri's
standard terms and conditions at www.esri.comAegal,which are incorporated by reference.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 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.All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's products and services.
If sending remittance, please address to: Esri, File No. 54630, Los Angeles, Ca 90074-4630
GARRETTR This offer is limited to the terms and conditions incorporated and attached herein.
i
Authorized Distributor/Esri Use
SMALL Only:
'S'[ lust.Name
0 U ENTERPRISE LICENSE AGREEMENT
lust.#
COUNTY AND MUNICIPALITY PO#
Esri Agreement#
Esri,380 New York St.,Redlands,CA 92373-8100 USA•TEL 909-793-2853•FAX 909-793-5953
This Small Enterprise License Agreement("ELA")is by and between the organization listed on the signature page
("Licensee");Environmental Systems Research Institute,Inc.("Esri");and,if Licensee is located outside the United
States of America(USA),the Authorized Distributor listed on the signature page("Authorized Distributor").Authorized
Distributor is authorized by Esri to provide access to Online Services and provide ELA Maintenance for Enterprise Products
and other benefits,as described herein,to Licensee located outside the USA.
This ELA sets forth the terms for Licensee's use of Enterprise Products and incorporates by reference(1)the ELA Quotation
and(ii)the License Agreement.Should there be any conflict between the terms and conditions of the documents that
comprise this ELA,the order of precedence for the documents shall be as follows: (1)the ELA Quotation,(ii)Small
Enterprise License Agreement,and(iii)the License Agreement.This ELA shall be governed by and construed in accordance
with the laws of the state in which Licensee is located without reference to conflict of laws principles,and the USA federal
law shall govern in matters of intellectual property.The modifications and additional rights granted in this ELA apply only to
the Enterprise Products listed in Table A.
Table A
List of Enterprise Products
Unlimited Quantities Developer Tools
Desktop Software and Extensions ArcGIS Engine
ArcGIS for Desktop Advanced ArcGIS Engine Extensions: ArcGIS 3D Analyst,ArcGIS
ArcGIS for Desktop Standard Spatial Analyst,ArcGIS Engine Geodatabase Update,
ArcGIS for Desktop Basic ArcGIS Network Analyst,ArcGIS Schematics
ArcGIS for Desktop Extensions:ArcGIS 3D Analyst, ArcGIS Runtime Standard
ArcGIS Spatial Analyst,ArcGIS Geostatistical Analyst, ArcGIS Runtime Standard Extensions:ArcGIS 3D Analyst,
ArcGIS Publisher,ArcGIS Network Analyst,ArcGIS ArcGIS Spatial Analyst,ArcGIS Network Analyst
Schematics,ArcGIS Workflow Manager for Desktop,
ArcGIS Data Reviewer Limited Quantities
One(1)Annual Subscription to Esri Developer Network
Server Software and Extensions (EDN)Standard*
ArcGIS for Server Workgroup and Enterprise One(1)Esri CityEngine Advanced Single Use License
(Advanced,Standard,and Basic) One(1)Esri CityEngine Advanced Concurrent Use License
ArcGIS for Server Extensions:ArcGIS 3D Analyst, One(1)ArcGIS Online Subscription
ArcGIS Spatial Analyst,ArcGIS Geostatistical Analyst,
ArcGIS Network Analyst,ArcGIS Schematics,ArcGIS
Workflow Manager for Server,ArcGIS Image Extension
for Server
Other Benefits
One(1)ArcGIS Online subscription with specified named users and credits as determined in the Level 4
program description
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 back-up media,if requested** 2
Virtual Campus Annual User License allowance 10,000
Five percent(5%)discount on all individual commercially available instructor-led training classes at Esri facilities
purchased outside this Agreement(Discount does not apply to Small Enterprise Training Package.)
*ELA Maintenance is not provided for these items.
**Additional sets of backup media may be purchased for a fee.
E214-3(Level 3) Page 1 of 06/19/2014
Licensee may accept this ELA by signing and returning it with an Ordering Document that matches the ELA Quotation and
references this ELA.ADDITIONAL OR CONFLICTING TERMS IN LICENSEE'S ORDERING DOCUMENT WILL
NOT APPLY,AND THE TERMS OF THIS ELA WILL GOVERN.Unless otherwise mutually agreed to,this ELA is
effective as of the date of the last signature on the signature page("Effective Date"),or if no date is provided with the
signature,the date of Esri's receipt of Licensee's Ordering Document incorporating this ELA by reference.
This ELA supersedes any previous agreements,proposals,presentations,understandings,and arrangements between the
parties relating to the licensing of the Enterprise Products.Except as provided in Article 4—Enterprise Product Updates,no
modifications can be made to this ELA.
This ELA may be executed in duplicate by the parties.An executed separate signature page transmitted through electronic
means,such as fax or e-mail,is valid and binding even if an original paper document bearing each party's original signature
is not delivered.
Accepted and Agreed:
(Licensee)
By:
Authorized Signature
Printed Name:
Title:
Date:
LICENSEE CONTACT INFORMATION
Contact: Telephone:
Address: Fax:
City, State,Postal Code: E-mail:
Country:
ELA Quotation Number(if applicable):
E214-3(Level 3) Page 2 of 6 06/19/2014
1.0—ADDITIONAL DEFINITIONS Support.Licensees located in the USA will receive Tier 2
Support from Esri.Licensees outside the USA will
In addition to the definitions provided in the License receive Tier 2 Support from an Authorized Distributor
Agreement,the following definitions apply to this ELA: located in the Licensee's region.
"Deploy"means to redistribute and install the Enterprise
Products and related Authorization Codes within 2.0—ADDITIONAL GRANT OF LICENSE
Licensee's organization(s).
2.1 Grant of License.Subject to the terms and
"ELA Maintenance"means Tier 2 Support,updates,and conditions of this ELA,Esri grants to Licensee a
patches provided by Esri or its Authorized Distributor to personal,nonexclusive,nontransferable Term
Licensee for the Enterprise Products. License solely to use,copy,and Deploy quantities of
the Enterprise Products listed in Table A for the term
"ELA Quotation"means the Small Enterprise License provided in Section 3.1—Term(i)for which the
Agreement offer letter and quotation provided separately applicable license fees have been paid and(ii)in
by Esri or its Authorized Distributor to Licensee. accordance with the License Agreement.
"ELA Fee" means the fee set forth in the ELA 2.2 Consultant Access.Esri grants Licensee the right to
Quotation. permit Licensee's consultants or contractors to use the
Enterprise Products exclusively for Licensee's
"Enterprise Products" means the Products identified in benefit.Licensee shall be solely responsible for
Table A—List of Enterprise Products and any updates to compliance by consultants and contractors with this
such list provided in writing by Esri or its Authorized ELA and shall ensure that the consultant or
Distributor. contractor discontinues use of Enterprise Products
upon completion of work for Licensee.Access to or
"Incident"means a failure of the Software or Online use of Enterprise Products by consultants or
Services to operate according to the Documentation contractors not exclusively for Licensee's benefit is
where such failure substantially impacts operational or prohibited.Licensee may not permit its consultants or
functional performance. contractors to install Software or Data on consultant,
contractor,or third-party computers or remove
"License Agreement"means the applicable license Software or Data from Customer locations,except for
agreement incorporated by this reference that is(1)found the purpose of hosting the Software or Data on
at htlp://www.esri.com/legal/software-license;composed Contractor Servers for the benefit of Licensee.
of the General License Terms and Conditions(E204)and
Exhibit 1,Scope of Use(E300); and available in the
installation process requiring acceptance by electronic 3.0-`PERM,TERI�ILVATION,AND EXPIRATION
acknowledgment or(ii)a signed license agreement 3.1 Term.The term of this ELA and all licenses
between Esri,Distributor(if applicable),and Licensee hereunder shall commence on the Effective Date and
that supersedes such electronically acknowledged license continue for three(3)years,unless this ELA is
agreement.
terminated earlier as provided herein.Licensee is
"Technical Support"means a process to attempt to only authorized to use Deployed Enterprise Products
resolve reported Incidents through error correction; during the term of this ELA.No indefinite term or
patches;hot fixes;workarounds;replacement deliveries; perpetual license grants are provided with this ELA.
or any other type of Enterprise Product corrections or 3.2 No Use upon Expiration or Termination.All
modifications. Deployed Enterprise Product licenses and all ELA
"Tier 1 Help Desk"means Licensee's point of contact Maintenance,Virtual Campus access,and User
from which all Tier 1 Support will be given to Licensee. Conference Registrations terminate on expiration or
termination of this ELA.
"Tier 1 Support" means the Technical Support provided
3.3 Termination for a Material Breach.Either party
by the Tier 1 Help Desk as the primary contact to
Licensee in attempted resolution of reported Incidents. may terminate this ELA for a material breach by the
other party.The breaching party shall be given a
"Tier 2 Support"means the Technical Support provided period of ten(10)days from the date of written notice
by Esri or its Authorized Distributor to the Tier 1 Help to cure any material breach.
Desk when the Incident cannot be resolved through Tier 1
E214-3(Level 3) Page 3 of 6 06/19/2014
3.4 Termination for Lack of Funds.For government or a. Tier 1 Support Provided by Licensee
government-owned entities only,either party may
terminate this ELA for Lack of Funds.Lack of Funds 1. Licensee shall provide Tier 1 Support through
is the inability of Licensee to secure appropriation of the Tier 1 Help Desk to all Licensee's authorized
funds through the legislative or governing body's users.
approval process for annual payments due.
2. The Tier 1 Help Desk will use analysts fully
4.0-ENTERPRISE PRODUCT UPDATES trained in the Software they are supporting.
3. At a minimum,Tier 1 Support will include those
4.1 Future Updates.Esri and its Authorized Distributor activities that assist the user in resolving how-to
reserve the right to update the list of Enterprise and operational questions as well as questions on
Products in Table A by providing written notice to installation and troubleshooting procedures.
Licensee.Licensee may continue to use all Enterprise
Products that have been Deployed,but support and 4. Tier 1 Support analysts will be the initial points
upgrades for deleted items may not be available.As of contact for all questions and Incidents.Tier 1
new Enterprise Products are incorporated into the Support analysts shall obtain a full description of
standard program,they will be offered to Licensee each reported Incident and the system
via written notice for incorporation into the configuration from the user.This may include
Enterprise Products schedule at no additional charge. obtaining any customizations,code samples,or
Licensee's use of new or updated Enterprise Products data involved in the Incident.The analyst may
requires Licensee to adhere to applicable additional also use any other information and databases that
or revised terms and conditions of the License may be developed to satisfactorily resolve
Agreement. Incidents.
4.2 Product Life Cycle.During the term of this ELA, 5. If the Tier 1 Help Desk cannot resolve the
some Enterprise Products may be retired or may no Incident,an authorized Tier 1 Help Desk
longer be available for unlimited quantity individual may contact Tier 2 Support.The
Deployment.ELA Maintenance shall be subject to Tier 1 Help Desk shall provide support in such a
the individual Product Life Cycle Support Status and way as to minimize repeat calls and make
Product Life Cycle Support Policy,which can be solutions to problems available to Licensee.
found at http://support.esri.com/en/content
/prod uctl i fecyc les.Updates for Enterprise Products in 6. Tier 1 Help Desk individuals identified by
the mature and retired phases may not be available; Licensee are the only individuals authorized to
however,Licensee may continue to use Deployed contact Tier 2 Support.Licensee may revise
Enterprise Products for the term of this ELA,but named individuals by written notice.
Licensee will not be able to Deploy retired Enterprise
Products. b. Tier 2 Support Provided by Esri or Its Authorized
Distributor
5.0—ELA MAINTENANCE 1. Tier 2 Support shall log the calls received from
ELA Maintenance is included with the ELA Fee.ELA Tier 1 Help Desk individuals.
Maintenance includes standard maintenance benefits 2. Tier 2 Support shall review all information
specified in either(i)the most current applicable Esri collected by and received from Tier 1 Help Desk
Standard Maintenance Program document(found at individuals including preliminary documented
http://www.esri.com/legal)for USA-based Licensees or troubleshooting provided by Tier 1 Help Desk
(ii)the applicable Authorized Distributor software when Tier 2 Support is required.
maintenance policy as modified by this Article 5.0—ELA
Maintenance. At Esri's sole discretion,Esri may make 3. Tier 2 Support may request that Tier 1 Help
patches,hot fixes,or updates available for download.No Desk individuals provide verification of
Software other than the defined Enterprise Products will information,additional information,or answers
receive ELA Maintenance.Licensee may acquire to additional questions to supplement any
maintenance for other Software(non-Enterprise Products) preliminary information gathering or
outside this ELA. troubleshooting performed by Tier 1 Help Desk.
E214-3(Level 3) Page 4 of 6 06/19/2014
4. Tier 2 Support shall attempt to resolve the of the anniversary date of the Effective Date,with the
Incidents submitted by Tier 1 Help Desk by initial payment due within thirty(30)calendar days
assisting Tier 1 Help Desk individuals. of execution of this ELA.Esri's Federal ID Number
is 95-2775-732.
5. When the Incident is resolved,Tier 2 Support b. Upon receipt of the initial Ordering Document from
shall communicate the information to Tier 1 Licensee,Esri shall authorize download of the
Help Desk individuals,and Tier 1 Help Desk Enterprise Products to Licensee for its Deployment
shall disseminate the resolution to the user. activities.If requested,Esri will ship backup media to
the ship-to address identified on the Order,FOB
Destination,with shipping charges prepaid.For those
6.0—ENDORSEMENT AND PUBLICITY entities that avoid sales tax by downloading
deliverables,request for delivery or receipt of
This ELA shall not be construed or interpreted as an tangible media may cause license fees to be subject to
exclusive dealings agreement or Licensee's endorsement taxes.Licensee acknowledges that should such taxes
of Esri or its Authorized Distributor.Licensee agrees that become due,Esri has a right to invoice and Licensee
Esri and its Authorized Distributor may publicize the agrees to pay any such sales or use tax associated
existence of this ELA upon execution. with its receipt of tangible media.
c. Esri shall provide Authorization Codes to activate the
7.0—ADMINISTRATIVE REQUIREMENTS nondestructive copy protection program that enables
the Enterprise Products to operate.
d. Licensee shall Deploy,install,configure,and track
7.1 OEM Licenses.Under Esri's OEM or Solution OEM the Deployment status of the Enterprise Products.
programs,OEM partners are authorized to embed or
bundle portions of Esri products and services with 8,2 Order Requirements
their application or service.OEM partners'business
model,licensing terms and conditions,and pricing a. All orders pertaining to this ELA shall be processed
are independent of this ELA.Licensee shall not seek through Licensee's centralized point of contact.
any discount from the OEM partner or Esri based on b. The following information shall be included in each
the availability of Enterprise Products under this Order(or Ordering Document):
ELA.Licensee shall not decouple Esri products or
services from the OEM partners'application or (1) Licensee name;Esri customer number,if known;
service. and bill-to and ship-to addresses
(2) Order number
7.2 Annual Report of Deployments.At each (3) Applicable annual payment due
anniversary date and ninety(90)calendar days prior
to the expiration date of this ELA,Licensee shall
provide a written report detailing all Deployments to 9.0—TRAINING
either(a)Esri if Licensee is located in the USA or
(b)Authorized Distributor if Licensee is located 9.1 Training Description.Esri offers instructor-led
outside the USA.The report will be subject to audit. training related to the use of its proprietary GIS
software.Esri will provide to Licensee a fixed
7.3 Renewal.Any follow-on ELA will be offered in number of training days to use for Instructor-Led
accordance with then-current ELA pricing and Training,as defined in this Small Enterprise Training
license terms and conditions. Package,if purchased.Instructor-Led Training events
occur at an Esri Learning Center or via the web in a
cloud environment.The Esri software training
8.0-ORDERING,ADMINISTRATIVE course(s)to be conducted,location,schedule dates,
PROCEDURES,DELIVERY,AND and registration requirements are set forth in the Esri
DEPLOYMENT Training catalog located on Esri's Training website
(http://training.esri.com).All courses are conducted
8.1 Orders,Delivery,and Deployment in substantial conformity with course descriptions
outlined on the Esri Training website.Esri reserves
a. Licensee shall issue an Ordering Document upon the right to modify course content when necessary
execution of this ELA and annually thereafter in due to software technical capabilities or limitations.
accordance with the ELA Quotation.Payment shall
be due and payable within thirty(30)calendar days
E214-3(Level 3) Page 5 of 06/19/2014
9.2 Unique Terms for the Small Enterprise Training
Package
a. To order training,Licensee must include training
in the Ordering Document for the ELA or
provide an Ordering Document as required and
specified within the ELA that matches the Esri
quotation.
b. Where Licensee submits an additional Ordering
Document to purchase training days for
additional year(s),any unused training days will
automatically roll over.
c. An Ordering Document is required annually for
each three(3)-year term.Failure to submit an
annual Ordering Document will result in the
forfeit of unused training days.
d. Licensee must assign an individual within its
organization to the role of Training
Administrator to serve as liaison between
Licensee's organization and Esri as well as
internally manage and authorize allocated
training days.
e. The training days are available for a period of
twelve(12)months,commencing on the
Effective Date,and ending when all training
days are consumed,whichever is sooner.
L Esri will invoice for outstanding training
expenses where applicable.
g. Training days are not transferable and not
refundable for any other Esri products or
services.
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E214-3(Level 3) Page 6 of 6 06/19/2014
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