C7M-Approve Sole Source Purchase Software Updates For Geographic Information SysCOMMISSION ITEM SUMMARY
Gondensed 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 lNC. (ESR!) FOR THE GEOGRAPHIC
INFORMATION SYSTEM (GIS); SAID AGREEMENT HAVING A TERM OF THREE (3) YEARS' AT AN
ANNUAL COST OF
@trolsToAchieveMoreAccountability.BuildandMaintainPrioritylnfrastructureWith
Data Environmenta! Scan, etc.):
Item Summary/Recommendation :
lfre City's Ceographic lnformation 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. ln 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 ArcGlS Online portal.
o Develops and maintains automated processes for updating Miami-Dade County property appraiser
parcel data.. Provides support services for the City's Emergency Operations Center.
o 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 lnformation System (GlS) Site License from Environmental System Research lnstitute, lnc. (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
fne esnt OIS 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
the Resolution
Board Recommendation:
Financial
""':5F
Amount Account
1 $50,000 550-0630-000325
Total $50,000
Financial lmpact Summary:
Alex Denis, ext. 7490
Assistant City Manager
AGENDA ITEM c714
AAIAAAIBTACH aATE l|'aa'ly146
&
e*t$rr
City of Miomi Beoch, lZ00 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Phillip Levine and Members f the City
FROM: Jimmy L. Morales, City Manager
DATE: October 22,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND Clry COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA 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 lnformation 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. ln addition, GIS provides
mapping, analysis, and reporting needs for all city departments including:
o Provides mapping support services for the Mayor's Blue Ribbon Panel on Sea Level
Rise.. Administers the Police Department's Crime Analysis Division's ArcGlS Online portal.
o Develops and maintains automated processes for updating Miami-Dade County
property appraiser parcel data.. Provides support services for the City's Emergency Operations Center.o 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 lnformation System (GlS) Site License from Environmental System
Research lnstitute, lnc. (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.
tri""r tr*"^ $ ;'""'tr
147
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.
rLMtMrt^DEe\
T:\AGEN DA\20 1 4\22October\ESRI - Memo.doc
148
@esri'
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 agreementr 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.
. If your organization wishes to acquire and/or maintain any Esri software during the term of the
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 I support center to field calls from intemal 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 New York Street
Redlends, Catifornia ?2373-8100 us*
?09 793 28s3
inlogesri.com
149
r 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 ofEsri'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 agreanent 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 ofthis 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 statanent on the face of the
Purchase Order: "THIS PURCHASE ORDER IS GO\IERNED BY THE TERMS AND
CONDITIONS OF THE ESRI SMALL MUNICIPAL AND COUNTY GO\'ERNMENT
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, C A 9237 3 -8 I 00
I appreciate the opporlunity 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@,esri.com
704-541-98t0 *8640
Small Govemment ELA
150
@esri.
ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC.
3325 Springbank Ln, Ste 200
Charlotte, NC 28226-3343
Phone: (704) 54{-9810 Fax: (704) 541-7620
DUNS Number: 06-3134175 CAGE Code: 0AMS3
To expedite your order, please attach a copy of
this quotation to your purchase order.
Quote is valid from: 07/29/2014 To: 10/27/2014
Quotatio n # 20453384
Date: July 29,2014
Customer # 142437 Contract #
City of Miami Beach
Public Works Dept
1700 Convention Ctr Dr
Miami Beach, FL 33139
ATTENTION: Keary Cunningham
PHONE: (305) 673-7000
FAX:
Material Qty Description Unit Price Total
110037
1 1 0037
110037
Populations of 50,001 to 100,000 Small Government Term Enterprise
License Agreement
-First yearly payment
Populations of 50,001 to 100,000 Small Government Term Enterprise
License Agreement
-Second yearly payment
Populations of 50,001 to 100,000 Small Government Term Enterprise
License Agreement
-Third yearly payment
50,000.00
50,000.00
50,000.00
50,000.00
50,000.00
50,000.00
Item Total:150,000.00
Subtotal:
Sales Tax:
Estimated Shipping & Handling(2 Day Delivery) :
Contract Pricing Adjust:
150,000.00
0.00
0.00
0.00
Total: $150,000.00
This quote is for the continuation of the SGELA within Miami Beach and to renew
the current contract # 2011SGE7714 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.
or questions contact: Robyn Garrett Email: rgarrett@esri.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.com/legal, 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.
lf 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.
151
Authorized Distributor/Esri Use
@esr
t SMALL OnlY:
I" ENTERPRISE LICENSE AGREEMENT 3::::il,-"I Cousry aNo llluNrctpAl-rrl' 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 (i) 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: (i) 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 Ouantities Developer Tools
Desktop Software and Extensions ATcGIS Engine
ATcGIS for Desktop Advanced ATcGIS Engine Extensions: ATcGIS 3D Analyst, ATcGIS
ATcGIS for Desktop Standard Spatial Analyst, ATcGIS Engine Geodatabase Update,
ATcGIS for Desktop Basic ATcGIS Network Analyst, ATcGIS Schematics
ATcGIS for Deskop Extensions: ATcGIS 3D Analyst, ATcGIS Runtime Standard
ATcGIS Spatial Analyst, AToGIS Geostatistical Analyst, ATcGIS Runtime Standard Extensions: ATcGIS 3D Analyst,
ATcGIS Publisher, ATcGIS Network Analyst, AToGIS ATcGIS Spatial Analyst, ATcGIS Network Analyst
Schematics, ATcGIS Workflow Manager for Desktop,
ATcGIS Data Reviewer lipqilgd Ouantities
One (1) Amual Subscription to Esri Developer Network
Server Software and Extensions (EDN) Standard*
ATcGIS 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
ATcGIS for Server Extensions: ATcGIS 3D Analyst, One (1) ATcGIS Online Subscription
ATcGIS Spatial Analyst, ATcGIS Geostatistical Analyst,
ATcGIS Network Analyst, ATcGIS Schematics, ATcGIS
Work{Iow Manager for Server, ATcGIS Image Extension
for Server
Other Benefits
One (1) ATcGIS Online subscription with specified named users and credits as determined in the
Drosram descriotion
Level 4
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 backuo media- if reouested**2
Virtual Camous 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 of6 06/19t2014
152
Licensee may accept this ELA by signing and retuming 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 ofthe date ofthe last signature on the signature page ("Effective Date"), or ifno 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)
Authorized Signature
Printed Name:
Title:
Date:
LICEITISEE CONTACT INFORMATION
By:
Contact:
Address:
Country:
Telephone:
Fax:
City, State, Postal Code:E-mail:
ELA Quotation Number (if applicable):
E214-3 (Level 31 Page 2 of 6 06/19t2014
153
1.0-AooruoNAL DrnNrrroNs
In addition to the definitions provided in the License
Agreement, the following definitions apply to this ELA:
"Deploy" means to redistribute and install the Enterprise
Products and related Authorization Codes within
Licensee's organization(s).
"ELA Maintenance" means Tier 2 Support, updates, and
patches provided by Esri or its Authorized Distributor to
Licensee for the Enterprise Products"
"ELA Quotation" means the Small Enterprise License
Agreement offer letter and quotation provided separately
by Esri or its Authorized Distributor to Licensee.
"ELA tr'ee" means the fee set forth in the ELA
Quotation.
"Enterprise Products" means the Products identified in
Table A-List of Enterprise Products and any updates to
such list provided in writing by Esri or its Authorized
Distributor.
"lncident" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational or
functional performance.
"License Agreement" means the applicable license
agreement incorporated by this reference that is (i) found
at http://www.esri.com./lesal/software-license; composed
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
acknowledgment or (ii) a signed license agreement
between Esri, Distributor (if applicable), and Licensee
that supersedes such electronically acknowledged license
agreement.
"Technical Support" means a process to attempt to
resolve reported Incidents through error correction;
patches; hot fixes; workarounds; replacement deliveries;
or any other tlpe ofEnterprise Product corrections or
modifications.
"Tier 1 llelp Desk" means Licensee's point of contact
from which all Tier 1 Support will be given to Licensee.
"Tier I Support" means the Technical Support provided
by the Tier 1 Help Desk as the primary contact to
Licensee in attempted resolution ofreported Incidents.
"Tier 2 Support" means the Technical Support provided
by Esri or its Authorized Distributor to the Tier 1 Help
Desk when the Incident cannot be resolved through Tier 1
Support. Licensees located in the USA will receive Tier 2
Support from Esri. Licensees outside the USA will
receive Tier 2 Support from an Authorized Distributor
located in the Licensee's region.
2.0-AoorrroNAl- Gnrxr oF LTcENSE
2.1 Grant of License. Subject to the terms and
conditions of this ELA, Esri grants to Licensee a
personal, nonexclusive, nontransferable Term
License solely to use, copy, and Deploy quantities of
the Enterprise Products listed in Table A for the term
provided in Section 3.1-Term (i) for which the
applicable license fees have been paid and (ii) in
accordance with the License Agreement.
2.2 Consultant Access. Esri grants Licensee the right to
permit Licensee's consultants or contractors to use the
Enterprise Products exclusively for Licensee's
benefit. Licensee shall be solely responsible for
compliance by consultants and contractors with this
ELA and shall ensure that the consultant or
contractor discontinues use of Enterprise Products
upon completion of work for Licensee. Access to or
use ofEnterprise Products by consultants or
contractors not exclusively for Licensee's benefit is
prohibited. Licensee may not permit its consultants or
contractors to install Software or Data on consultant,
contractor, or third-party computers or remove
Software or Data from Customer locations, except for
the purpose of hosting the Software or Data on
Contractor Servers for the benefit of Licensee.
3.0-T rnm, Tentuiurtoi\-, AND EXPIRATI0N
3.1 Term. The term of this ELA and all licenses
hereunder shall commence on the Effective Date and
continue for three (3) years, unless this ELA is
terminated earlier as provided herein. Licensee is
only authorized to use Deployed Enterprise Products
during the term of this ELA. No indefinite term or
perpetual license grants are provided with this ELA.
3.2 No Use upon Expiration or Termination. All
Deployed Enterprise Product licenses and all ELA
Maintenance, Virtual Campus access, and User
Conference Registrations terminate on expiration or
termination of this ELA.
3.3 Termination for a Material Breach. Either party
may terminate this ELA for a material breach by the
other party. The breaching party shall be given a
period often (10) days from the date ofwritten notice
to cure any material breach.
E214-3 (Level 3)Page 3 of 6 06t19/2014
154
3.4 Termination for Lack of Funds. For government or
government-owned entities only, either party may
terminate this ELA for Lack of Funds. Lack of Funds
is the inability ofLicensee to secure appropriation of
funds through the legislative or governing body's
approval process for annual payments due.
4.0-f nTSRPRISE PRooucr Upoares
4.1 tr'uture Updates. Esri and its Authorized Distributor
reserye the right to update the list of Enterprise
Products in Table A by providing written notice to
Licensee. Licensee may continue to use all Enterprise
Products that have been Deployed, but support and
upgrades for deleted items may not be available. As
new Enterprise Products are incorporated into the
standard program, they will be offered to Licensee
via written notice for incorporation into the
Enterprise Products schedule at no additional charge.
Licensee's use of new or updated Enterprise Products
requires Licensee to adhere to applicable additional
or revised terms and conditions of the License
Agreement.
4.2 Product Life Cycle. During the term of this ELA,
some Enterprise Products may be retired or may no
longer be available for unlimited quantity
Deployment. ELA Maintenance shall be subject to
the individual Product Life Cycle Support Status and
Product Life Cycle Support Policy, which can be
found at http://support.esri.com.ienlcontent
/productlifecycles. Updates for Enterprise Products in
the mature and retired phases may not be available;
however, Licensee may continue to use Deployed
Enterprise Products for the term of this ELA, but
Licensee will not be able to Deploy retired Enterprise
Products.
5.0-ELA l\&lNrsNlNcr
ELA Maintenance is included with the ELA Fee. ELA
Maintenance includes standard maintenance benefits
specified in either (i) the most current applicable Esri
Standard Maintenance Program document (found at
http:/iwww.esri.com/leeal) for USA-based Licensees or
(ii) the applicable Authorized Distributor software
maintenance policy as modified by this Article 5.0-ELA
Maintenance. At Esri's soie discretion, Esri may make
patches, hot fixes, or updates available for download. No
Software other than the defined Enterprise Products will
receive ELA Maintenance. Licensee may acquire
maintenance for other Software (non-Enterprise Products)
outside this ELA.
Tier I Support Provided by [,icensee
1. Licensee shall provide Tier I Support through
the Tier 1 Help Desk to all Licensee's authorized
users.
2. The Tier 1 Help Desk will use analysts fully
trained in the Software 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 anaiysts will be the initial points
ofcontact for all questions and Incidents. Tier I
Support analysts shall obtain a full description of
each reported Incident and the system
configuration from the user. This may include
obtaining any customizations, code samples, or
data involved in the Incident. The analyst may
also use any other information and databases that
may be developed to satisfactorily resolve
Incidents.
5. If the Tier 1 Help Desk cannot resolve the
Incident, an authorized Tier I Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk shall provide support in such a
way as to minimize repeat calls and make
solutions to problems available to Licensee.
6. Tier 1 Help Desk individuals identified by
Licensee are the only individuals authorized to
contact Tier 2 Support. Licensee may revise
named individuals by written notice.
Tier 2 Support Provided by Esri or lts Authorized
Distributor
l. Tier 2 Support shall log the calls received from
Tier 1 Help Desk individuals.
2. Tier 2 Support shall review all information
collected by and received from Tier I Help Desk
individuals including preliminary documented
troubleshooting provided by Tier 1 Help Desk
when Tier 2 Support is required.
3. Tier 2 Support 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.
b.
E2l4-3 (Level 3)Page 4 of6 06/19/2014
155
4. Tier 2 Support shall attempt to resolve the
Incidents submitted by Tier 1 Help Desk by
assisting Tier I Help Desk individuals.
5. When the Incident is resolved, Tier 2 Support
shall communicate the information to Tier 1
Help Desk individuals, and Tier I Help Desk
shall disseminate the resolution to the user.
6.0-ENoORSENIENT Ai\.D PTIBLICITY
This ELA shall not be construed or interpreted as an
exclusive dealings agreement or Licensee's endorsement
of Esri or its Authorized Distributor. Licensee agrees that
Esri and its Authorized Distributor may publicize the
existence ofthis ELA upon execution.
7.0-AnmINrsrRATrvE Rnqutnrm aNts
7.1 OEM Licenses. Under Esri's OEM or Solution OEM
programs, OEM partners are authorized to embed or
bundle portions ofEsri products and services with
their application or service. OEM partners'business
model, licensing terms and conditions, and pricing
are independent ofthis ELA. Licensee shall not seek
any discount from the OEM partner or Esri based on
the availability of Enterprise Products under this
ELA. Licensee shall not decouple Esri products or
services from the OEM partners'application or
service.
7.2 Annual Report of Deployments. At each
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
either (a) Esri if Licensee is located in the USA or
(b) Authorized Distributor if Licensee is located
outside the USA. The report will be subject to audit.
7.3 Renewal. Any follow-on ELA will be offered in
accordance with then-current ELA pricing and
license terms and conditions.
8.&-OnonRING, AoutNlstR ttlvr
PRocnouRES, DELIvERY, AND
DnplovprrNr
8.1 Orders, Delivery, and Deployment
z. Licensee shall issue an Ordering Document upon
execution ofthis ELA and annually thereafter in
accordance with the ELA Quotation. Payment shall
be due and payable within thirty (30) calendar days
of the anniversary date of the Effective Date, with the
initial payment due within thirty (30) calendar days
of execution of this ELA. Esri's Federal ID Number
is 95-277 5-732.
b. Upon receipt of the initial Ordering Document from
Licensee, Esri shall authorize download ofthe
Enterprise Products to Licensee for its Deployment
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
entities that avoid sales tax by downloading
deliverables, request for delivery or receipt of
tangible media may cause license fees to be subject to
taxes. Licensee acknowledges that should such taxes
become due, Esri has a right to invoice and Licensee
agrees to pay any such sales or use tax associated
with its receipt of tangible media.
c. Esri shall provide Authorization Codes to activate the
nondestructive copy protection program that enables
the Enterprise Products to operate.
d. Licensee shall Deploy, install, configure, and track
the Deployment status of the Enterprise Products.
8.2 Order Requirements
a. All orders pertaining to this ELA shall be processed
through Licensee's centralized point of contact.
b. The following information shall be included in each
Order (or Ordering Document):
(1) Licensee name; Esri customer number, if known;
and bill+o and ship-to addresses
(2) Order number
(3) Applicable annual payment due
9.0-Tn+lNnlc
9.1 Training Description. Esri offers instructor-led
training related to the use ofits proprietary GIS
software. Esri will provide to Licensee a fixed
number of training days to use for Instructor-Led
Training, as defined in this Small Enterprise Training
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
course(s) to be conducted, location, schedule dates,
and registration requirements are set forth in the Esri
Training catalog located on Esri's Training website
(http ://trainine.esri.com). A11 courses are conducted
in substantial conformity with course descriptions
outlined on the Esri Training website. Esri reserves
the right to modify course content when necessary
due to software technical capabilities or limitations.
E214-3 (Level 3)Page 5 of 6 06/t9t2014
156
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 ro11 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 ofTraining
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.
f. 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.
E2l4-3 (Level 3)Page 6 of6 0611912014
157
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND THE GITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING PURSUANT TO 2.
367(d), OF THE C|TY CODE, THE SOLE SOURCE PURCHASE OF
SOFTWARE UPDATES FOR GEOGRAPHIC INFORMATION SYSTEMS
(Grs) AND AUTHORTZTNG THE CrTy MANAGER AND ClTy CLERK TO
EXECUTE A SMALL MUNICIPAL AND COUNW GOVERNMENT
ENTERPRISE LICENSE AGREEMENT (ELA) WITH ENVIRONMENTAL
SYSTEMS RESEARCH TNSTITUTE, tNC. (ESRI) FOR A THREE (3) YEAR
PERIOD, AT AN ANNUAL COST OF $5O,OOO.
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 lnstitute, lnc. (ESRI) is a sole source
provider for the maintenance updates required for the existing Geographic lnformation
System (GlS) 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
lnformation Systems (GlS) and authorizing the City Manager and City Clerk to execute a
Small Municipal And County Government Enterprise License Agreement (ELA) With
Environmental Systems Research lnstitute, lnc. (ESRI) for a three (3) year period, at an
annual cost of $50,000.
PASSED AND ADOPTED this _day of ,2014.
ATTEST:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTIONRafael E. Granado, City Clerk
Philip Levine, Mayor
tu"%,h
citvArtornev4M!
ro/ts/rY
Dote
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