Contract - 07-11-2023 - 12906 - ESRI Enterprise License Agreeement Renewal AS-12906 Consent C. 8.
BOCC Agenda
Meeting Date: 07/11/2023
ESRI Enterprise License Agreement Renewal
Submitted For: Kim Hort Submitted By: Kim Hort
Department: Information Technology
Information
Subject and Summary Statement
Cowlitz County has invested in ESRI software licensing for geographic information system (GIS)
mapping since June 17, 2008. This software includes desktop mapping software for presentation,
analysis, and printing, as well as enterprise server-based software for deploying web maps and
applications. The use of GIS software is used by numerous departments including but not limited to
Public Works, Assessor's Office, Building & Planning, and Noxious Weeds. This current and expanding
use of the software is made possible through the purchase of a Small Government Enterprise License
Agreement (ELA) with ESRI. This software model has proved to be cost effective as we are able to
leverage enterprise licensing for the entire county to use the GIS software rather than just a select few.
The ESRI ELA is based on county population, and is for a 3-year term, at a cost of$67,913.89 per year
over the next three years including sales tax, for a total of$203,741.68.
Will Staff Attend - NAME OF STAFF
Yes - Kim Hort
Department Recommendation
The IT and GIS Staff recommends that the Cowlitz County Board of Commissioners move to approve
and authorize the purchase of ArcGIS Software and Services from Environmental Systems Research
Institute, Inc. (ESRI) in the total amount of$203,741.68.
Fiscal Impact
Expenditure Required $: 203,742
Budget Sufficient Y-N: Y
Amendment Required Y-N: N
Source of Funds -What Dept ? : 50201-490100
Grant Y-N: N
Attachments
ESRI - Small Government EA Renewal
ESRI - Vendor Sole Source
Form Review
Inbox Reviewed By Date
Doug Jensen
Form Started By: Kim Hort Started On:07/03/2023 10:32 AM
C w„ERE'THE Quotation # Q-493003
SCI
eV��- � OF
Date:July 5,2023
Environmental Systems Research Institute,Inc. Customer#40053 Contract#
380 New York St
Redlands,CA 92373-8100 County of Cowlitz
Phone:(909)793-2853 GIS
DUNS Number:06-313-4175 CAGE Code:0APAS3 207 N 4th Ave
Kelso,WA 98626-4124
To expedite your order,please attach a copy of ATTENTION: Jim Williams
this quotation to your purchase order. PHONE: (360)577-3025
Quote is valid from:312212023 To:9/18/2023 EMAIL: wll11arnsJAC0w1ltzwa.gov
Material city Term Unit Price Total
168179 1 Year 1 $62,767.00 $62,767.00
Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription
168179 1 Year 2 $62,767.00 $62,767.00
Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription
168179 1 Year 3 $62,767.00 $62,767.00
Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription
Subtotal: $188,301.00
Sales Tax: $15,440.70
Estimated Shipping and Handling(2 Day Delivery): $0.00
Contract Price Adjust: $0.00
Total: $203,741.70
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management,procurement,or Invoice prog.
iFor questions contact: Email: Phone:
;Scott Wolter swolter@esri,com (360)754-4727 x8671
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 httos:11assets,t@,sri&prnLgQnL nVdpmlgr -sfecific-terms•of-usele300.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&-ilao.esri.com/MAPS apply to your
purchase of that item.If any Item is quoted with a multi-year payment schedule,then unless otherwise stated in this quotation,Customer is required
to make all payments without right of cancellation.Third-party data sets included in a quotation as separately licensed items will only be provided
and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions.If Esri Is unable to provide
any such data set,Customer will not be responsible for any further payments for the data set.US Federal government entities and US 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 htto�lLw ssri corrsleo usLtegalltermslstate suppEemenlal apply to some US 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 he 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 purchasellicense.The information may not be given to outside parties or used for any
other purpose without consent from Esri.Delivery is FOB Origin for customers located in the USA.
WOLTERS This offer is limited to the terms and conditions incorporated and attached herein.
Customer may send notices to Esri at the following address:
Environmental Systems Research Institute,Inc.
Attn.:Contracts and Legal Department
380 New York Street
Redlands,CA 92373-8100
USA
Tel.:909-793-2853
Email:LerzalNoticesCaesri.corn
10.3 Taxes/Fees.Esri promptly shall pay all applicable taxes on its operations and activities pertaining to this
Agreement. Failure to do so shall constitute breach of this Agreement. Unless otherwise agreed,
Customer shall pay applicable sales tax imposed by the State of Washington on purchased goods and/or
services. Esri, however,shall not make any charge for federal excise taxes and Customer agrees to
furnish Esri with an exemption certificate where appropriate.
2
ML 7-5-2023
Customer may accept this Agreement by signing and returning the whole Agreement with (i)the Quotation
attached, (ii)a purchase order,or(Ili)another document that matches the Quotation and references this
Agreement("Ordering Document"). EXCEPT FOR THE TERMS FOUND IN THE ADDENDUM TO ESRI
SMALL ENTERPRISE AGREEMENT COUNTY AND MUNICIPAL GOVERNMENT(E214-3)ATTACHED TO
AND INCORPORATED INTO THIS AGREEMENT BY THIS REFERENCE,ADDITIONAL OR CONFLICTING
TERMS IN CUSTOMER'S PURCHASE ORDER OR OTHER DOCUMENT WILL NOT APPLY,AND THE
TERMS OF THIS AGREEMENT WILL GOVERN.This Agreement is effective as of the date of Esri's receipt of an
Ordering Document, unless otherwise agreed to by the parties("Effective Date").
Term of Agreement:Three(3)years
This Agreement supersedes any previous agreements,proposals, presentations, understandings,and
arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4—
Product Updates,and except for the Addendum to ESRI Small Enterprise Agreement County and Municipal
Government(E214-3), no modifications can be made to this Agreement.
Accepted and Agreed:
A EST:
(Customer) T CLE K O fj0ARD
By:
V) 1 �vSl D Vl�l� DATE: -72
Authorized Signature OF GOu�r�
Printed ' _Naame: c
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Via, 1y"Ma� mr
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Title:
1 -- m cou� cn
Date: I Z p wasgto'` �p
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CUSTOMER CONTACT INFORMATION
Contact: ,Jim Williams Telephone: (360) 577-3024 x6670
Address: 207 4th Avenue N. Rm. 308 Fax: n/a
City,State, Postal Code: Kelso, WA 98626 E-mail: williamsj@cowlitzwa.gov
Country: USA
Quotation Number(if applicable): Q-493003
Page 2 of 6 January 3,2023
ML 7-5-2023
3.3 Termination for a Material Breach. Either party 5.0—MAINTENANCE
may terminate this Agreement for a material
breach by the other party.The breaching party The Fee includes standard maintenance benefits
will have thirty(30)days from the date of written during the Term of Agreement as specified in the
notice to cure any material breach. most current applicable Esri Maintenance and
Support Program document(found at
3.4 Termination for Lack of Funds. For an httos:11www.esri.corn)en-
Agreement with government or government- usfiegalltermstmaintenance).At Esri's sole
owned entities, either party may terminate this discretion, Esri may make patches, hot fixes,or
Agreement before any subsequent year if updates available for download. No Software other
Customer is unable to secure funding through than the defined Products will receive Maintenance.
the legislative or governing body's approval Customer may acquire maintenance for other
process. Software outside this Agreement.
3.5 Follow-on Term. If the parties enter into a. Tier 1 Support
another agreement substantially similar to this
Agreement for an additional term,the effective 1. Customer will provide Tier 1 Support
date of the follow-on agreement will be the day through the Tier 1 Help Desk to all
after the expiration date of this Agreement. Customer's authorized users.
2. The Tier 1 Help Desk will be fully trained in
4.0—PRODUCT UPDATES the Products.
4.1 Future Updates. Esri reserves the right to 3. At a minimum,Tier 1 Support will include
update the list of Products in Table A—List of those activities that assist the user in
Products by providing written notice to resolving how-to and operational questions
Customer. Customer may continue to use all as well as questions on installation and
Products that have been Deployed, but support troubleshooting procedures.
and upgrades for deleted items may not be
available.As new Products are incorporated into 4. The Tier 1 Help Desk will be the initial point
the standard program,they will be offered to of contact for all questions and reporting of a
Customer via written notice for incorporation into Case.The Tier 1 Help Desk will obtain a full
the Products schedule at no additional charge. description of each reported Case and the
Customer's use of new or updated Products system configuration from the user.This
requires Customer to adhere to applicable may include obtaining any customizations,
additional or revised terms and conditions in the code samples, or data involved In the Case.
Master Agreement.
5. If the Tier 1 Help Desk cannot resolve the
4.2 Product Life Cycle. During the Term of Case, an authorized Tier 1 Help Desk
Agreement, some Products may be retired or individual may contact Tier 2 Support.The
may no longer be available to Deploy in the Tier 1 Help Desk will provide support in such
identified quantities. Maintenance will be subject a way as to minimize repeat calls and make
to the individual Product Life Cycle Support solutions to problems available to
Status and Product Life Cycle Support Policy, Customer's organization.
which can be found at
https:/Isupport.esri.conVen/other- 6. Tier 1 Help Desk individuals are the only
resources/product-life-cycle. Updates for individuals authorized to contact Tier 2
Products in the mature and retired phases may Support. Customer may change the Tier 1
not be available. Customer may continue to use Help Desk individuals by written notice to
Products already Deployed, but Customer will Esri.
not be able to Deploy retired Products.
Page 4 of 6 January 3,2023
ML 7-5-2023
orders to Esri at least thirty(30)calendar days
before the annual anniversary date for each
year.
a. All orders pertaining to this Agreement will be
processed through Customer's centralized point
of contact.
b. The following information will be included in
each Ordering Document:
(1) Customer name; Esri customer number, if
known; and bill-to and ship-to addresses
(2) Order number
(3) Applicable annual payment due
9.0—MERGERS,ACQUISITIONS, OR
DIVESTITURES
If Customer is a commercial entity, Customer will
notify Esri in writing in the event of(i)a
consolidation, merger,or reorganization of Customer
with or into another corporation or entity;
(ii)Customer's acquisition of another entity; or(iii)a
transfer or sale of all or part of Customer's
organization(subsections i, ii, and iii, collectively
referred to as"Ownership Change"). There will be
no decrease in Fee as a result of any Ownership
Change.
9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.
9.2 If an Ownership Change results in transfer or
sale of a portion of Customer's organization,that
portion of Customer's organization will transfer
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.
9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.
Page 6 of 6 January 3,2023
ML 7-5-2023
SOLE SOURCE OR SPECIAL MARKET CONDITIONS
To: Board of County Commissioners
From: Kim Hort Information Technology
Name of Dept. Head/Ofcl. Department/Office
Subject: Sole Source-Special Purchase, ESRI ArcPro/GIS Software
REQUESTED PROVIDER: ESRI
COST ESTIMATE: $203,741.68
Sole source purchases are defined as clearly and legitimately limited to a single supplier. Sole source purchases are
normally not allowed except when based upon strong technological grounds such as operational compatibility with
existing equipment and related parts or upon a clearly unique and cost effective feature requirement. The use of
sole source purchases shall be limited only to those specific instances which are totally justified to satisfy
compatibility or technical performance needs.
Special market condition purchases are an exception to competitive bidding requirements under RCW 36.32.270
and RCW 39.04.280,and County policy, and can include the purchase of used equipment or products, in lieu of
competitive bid-and-purchase of new equipment or products,which both fulfill the needs of the County and
Department and result in cost-savings and special benefit. A'special market condition' usually arises from the
transitory nature of used or limited stock items quickly coming on/off the market,and often from a single seller.
STATEMENT OF NEED:
My department's/office's recommendation for sole source is based upon the objective review of the
product/service required and appears to be in the best interest of the County. I know of no conflict of interest on
my part or personal involvement in any way with this request. No gratuities,favors or compromising action have
taken place. Neither has my personal familiarity with particular brands,types of equipment, materials or firms
been a deciding influence on my request to sole source this purchase when there are other known suppliers.
Refer to the attached sole source or special market justification as prepared by our department/office, to the
attached review of available products/services.
Requester Department Head/Official
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Signature of Requester Date Signature of Dept. Head/Ofcl. Date
SOLE SOURCE or SPECIAL MARKET JUSTIFICATION
Requested purchase/service:
Renewal of Maintenance and Software Support and Licenses for ESRI/ArcPro GIS Mapping Software.
1. Please describe the purchase/service and its function/use:
Software licensing renewals and additions are required from a previously selected, sole source vendor.
2. For sole source*,the purchase is justified because:
0 Sole provider of a licensed or patented good or service
❑ Sole provider of items that are compatible with exiting equipment, inventory, system,
programs or service.
❑ Sole provider of goods and service for which the County has established a standard**
❑ Sole provider if factory-authorized warranty service
❑ Sole provider of goods or service that will meet the specialized needs of the County or
perform the intended function (please detail below or in an attachment)
❑ The vendor/distributor is a holder of used or limited stock item that would represent
good value and is advantageous to the County as a special market condition purchase
(please attach information on market price survey, availability, etc).
3. For sole source,what necessary features does this vendor provide which are not available from
other vendors, or alternatively,why is a special market purchase justified?
Please be specific. vendor was previously selected for licensed software per RCW 39.04.270,anticipating the costs,
time and resources of shifting to any new vendor meant future sole sources purchases and renewals.
4. What steps were taken to verify that these sole source features are not available elsewhere,or
alternatively,why is this a best value, special market purchase for the County?
This vendor was previously selected by competitive solicitation for Cowlitz County GIS/Mapping software,where
Sole Source: the future renewal of existing software requires sole source in order to continue to use the GIS/Mapping software.
❑ Other brands/manufactures were examined (please list phone numbers and names, explain
why these were not suitable).
❑ Other vendors were contacted (please list phone numbers and names, and explain why these
were not suitable).
Special Market Conditions:
❑ Vendor product/purchase has been compared with other products/purchases on the available
market through competitive bid, and offers the best value to the County (and explain why this is
a best value).
* Sole Source:The product is available only through one manufacturer or distributor and the manufacturer so
certifies; and the vendor certifies that the county is getting the same, lowest price it offers other purchasers.
** Procurement of items for which the county has established a standard by designating a brand or manufacturer or by
pre-approving via a testing shall be competitively bid if there is more than one vendor of the item.