HomeMy WebLinkAbout02/18/2025 07.G. Resolution authorizing enterprise license agreement for sole source purchase of GIS Technology with Environmental Systems Research Institute Inc (ESRI)Item No. 7.G.
For Meeting of: February 18, 2025
ITEM TITLE:Resolution authorizing an enterprise license agreement for the sole
source purchase of Geographic Information System (GIS) Technology
with Environmental Systems Research Institute Inc (ESRI)
SUBMITTED BY:*John Carney, IT Services Manager
Randy Bonds, IT Services Supervising Senior Analyst
Christina Payer, Buyer II, Purchasing Division
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
SUMMARY EXPLANATION:
The City of Yakima Information Technology Services Department requires the purchase of Geographic
Information System (GIS) Technology. ArcGIS was developed by ESRI to integrate with their GIS
products. ESRI is the owner, manufacturer and the sole source provider of this technology.
If approved, this agreement will enable the city to procure Geographic Information System (GIS)
Technology. ArcGIS integrates and connects data through the context of geography. It provides
geographic capabilities for creating, managing, analyzing, mapping, and sharing all types of data.
The total value of this three-year agreement is $215,083.80. With annual payments of $71,694.60.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY 24-25: A Resilient Yakima
RECOMMENDATION: Adopt resolution.
ATTACHMENTS:
Resolution SS ESRI_ITS.docx
Agreement ESRI.pdf
SS ESRI.pdf
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RESOLUTION NO. R-2025-
A RESOLUTION authorizing an enterprise license agreement for the sole source purchase
of Geographic Information System (GIS) Technology with Environmental
Systems Research Institute Inc (ESRI).
WHEREAS, Article VI, Section 6 of the City of Yakima Charter and Yakima Municipal
Code Chapter 1.80 generally requires that the purchase of equipment, materials, or services in
excess of $100,000 be done by competitive bid, subject to certain exceptions; and
WHEREAS, the law recognizes a “sole source purchase” exception from these
competitive bidding requirements when, due to the uniqueness of the product to be purchased
and the fact that there is one source that meets our requirements, it would be futile to utilize
competitive bidding for such product; and
WHEREAS, the City of Yakima Information Technology Services Department requires the
purchase of Geographic Information System (GIS) Technology. ArcGIS was developed by ESRI
to integrate with their GIS products. ESRI is the owner, manufacturer and the sole source provider
of this technology; and
WHEREAS, ESRI is the current vendor that supplies all the city’s GIS software and annual
maintenance and support; and
WHEREAS, the vendor’s quotation meets the budget and the needs and requirements of
the City of Yakima for these services, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute an Enterprise Agreement with
Environmental Systems Research, Inc., attached hereto and incorporated herein by this
reference.
The total value of this three-year agreement is $215,083.80. With annual payments of
$71,694.60.
ADOPTED BY THE CITY COUNCIL this 18th day of February, 2025.
Patricia Byers, Mayor
ATTEST:
Rosalinda Ibarra, City Clerk
62
November 23, 2024
Randy Bonds Jr.
City of Yakima 129
N 2nd St
Yakima, WA 98901-2613
Dear Randy,
The Esri Small Municipal and County Government Enterprise Agreement (SGEA) is a three‐year agreement that
will grant your organization access to Esri term license software. The EA 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 Agreement
(EA).
An EA will provide your organization with numerous benefits including:
A lower cost per unit for licensed software
Substantially reduced administrative and procurement expenses
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 EA.
If your organization wishes to acquire and/or maintain any Esri software during the term of the agreement
that is not included in the EA, 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 EA who may directly contact Esri for Tier
2 technical support.
The organization will provide an annual report of installed Esri software to Esri.
Esri software and updates that the organization is licensed to use will be automatically available for
downloading.
The fee and benefits offered in this EA proposal are contingent upon your acceptance of Esri’s Small
Municipal and County Government EA terms and conditions.
380 New York Street 909.793.2853 esri.com
Redlands, California 92373-8100 USA info@esri.com
63
Small Government Enterprise Agreement
Licenses are valid for the term of the EA.
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 EA offer:
1. Sign and return the EA contract with a Purchase Order or issue a Purchase Order that references this EA
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 EA, 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 EA, 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
Attn: Customer Service SG-EA
380 New York Street
Redlands, CA 92373-8100
e-mail: service@esri.com
fax documents to: 909-307-3083
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,
Heather Glock
64
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:
Heather Glock
Email:
hglock@esri.com
Phone:
909-793-2853 x8948
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 https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf , and your applicable signed the Master
Agreement with Esri attached to Agreement No. 00337505.0. If no such agreement covers any item quoted, then Esri’s standard terms and
conditions found at https://go.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 https://www.esri.com/en-us/legal/terms/state-supplemental
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 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 for customers located in the USA. GLOCKH This offer is limited to the terms and conditions incorporated and attached herein.
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Quotation # Q-536072
Date: December 3, 2024
Customer # 181 Contract #
City of Yakima
Administration
129 N 2nd St
Yakima, WA 98901-2613
To expedite your order, please attach a copy of ATTENTION: Randy Bonds Jr.
this quotation to your purchase order. PHONE: 5095756027
Quote is valid from: 11/23/2024 To: 2/21/2025 EMAIL: randy.bonds@yakimawa.gov
Material Qty Term Unit Price Total
168179 1 Year 1 $60,300.00 $60,300.00
Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription
168179 1 Year 2 $60,300.00 $60,300.00
Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription
168179 1 Year 3 $60,300.00 $60,300.00
Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription
168441 1 Year 1 $5,900.00 $5,900.00
ArcGIS GeoEvent Server Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription
168441 1 Year 2 $5,900.00 $5,900.00
ArcGIS GeoEvent Server Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription
168441 1 Year 3 $5,900.00 $5,900.00
ArcGIS GeoEvent Server Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription
65
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:
Heather Glock
Email:
hglock@esri.com
Phone:
909-793-2853 x8948
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 https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf , and your applicable signed the Master
Agreement with Esri attached to Agreement No. 00337505.0. If no such agreement covers any item quoted, then Esri’s standard terms and
conditions found at https://go.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 https://www.esri.com/en-us/legal/terms/state-supplemental
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 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 for customers located in the USA. GLOCKH This offer is limited to the terms and conditions incorporated and attached herein.
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Quotation # Q-536072
Date: December 3, 2024
Customer # 181 Contract #
City of Yakima
Administration
129 N 2nd St
Yakima, WA 98901-2613
To expedite your order, please attach a copy of ATTENTION: Randy Bonds Jr.
this quotation to your purchase order. PHONE: 5095756027
Quote is valid from: 11/23/2024 To: 2/21/2025 EMAIL: randy.bonds@yakimawa.gov
Subtotal: $198,600.00
Sales Tax: $16,483.80
Estimated Shipping and Handling (2 Day Delivery): $0.00
Contract Price Adjust: $0.00
Total: $215,083.80
66
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:
Heather Glock
Email:
hglock@esri.com
Phone:
909-793-2853 x8948
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 https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf , and your applicable signed the Master
Agreement with Esri attached to Agreement No. 00337505.0. If no such agreement covers any item quoted, then Esri’s standard terms and
conditions found at https://go.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 https://www.esri.com/en-us/legal/terms/state-supplemental
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 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 for customers located in the USA. GLOCKH This offer is limited to the terms and conditions incorporated and attached herein.
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Quotation # Q-536072
Date: December 3, 2024
Customer # 181 Contract #
City of Yakima
Administration
129 N 2nd St
Yakima, WA 98901-2613
To expedite your order, please attach a copy of ATTENTION: Randy Bonds Jr.
this quotation to your purchase order. PHONE: 5095756027
Quote is valid from: 11/23/2024 To: 2/21/2025 EMAIL: randy.bonds@yakimawa.gov
If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax
Esri the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional
information is required to complete your request.
If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having
issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order.
In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g. MPA, ELA, SmartBuy, GSA,
BPA) on your ordering document.
BY SIGNING BELOW, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION, AND YOU ARE AUTHORIZING
ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF $ , PLUS SALES TAXES IF
APPLICABLE. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING
PAPERWORK.
Please check one of the following:
X I agree to pay any applicable sales tax.
I am tax exempt, please contact me if exempt information is not currently on file with Esri.
Signature of Authorized Representative Date
Victoria Baker
Name (Please Print)
City Manager
Title
The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside
parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esri).
Any estimated sales and/or use tax reflected on this quote 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 tax 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.
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Esri Use Only:
Cust. Name
Cust. #
PO #
Esri Agreement # 00337505.0
SMALL ENTERPRISE AGREEMENT
COUNTY AND MUNICIPALITY GOVERNMENT
(E214-3)
This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental
Systems Research Institute, Inc. ("Esri").
This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the
Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the
documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the
Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and
construed in accordance with the laws of the state in which Customer is located without reference to conflict of
laws principles, and the United States of America federal law shall govern in matters of intellectual property. The
modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.
Table A
List of Products
Uncapped Quantities
Desktop Software and Extensions (Single Use)
ArcGIS Desktop Advanced
ArcGIS Desktop Standard
ArcGIS Desktop Basic
ArcGIS Desktop Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS
Schematics, ArcGIS Workflow Manager, ArcGIS Data
Reviewer
Enterprise Software and Extensions
ArcGIS Enterprise (Advanced and Standard)
ArcGIS Monitor
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS
Workflow Manager, ArcGIS Data Reviewer
Enterprise Additional Capability Servers
ArcGIS Image Server
Developer Tools
ArcGIS Runtime Standard
ArcGIS Runtime Analysis Extension
Limited Quantities
Two (2) ArcGIS CityEngine Single Use Licenses
250 ArcGIS Online Viewers
250 ArcGIS Online Creators
37,500 ArcGIS Online Service Credits
250 ArcGIS Enterprise Creators
5 ArcGIS Insights in ArcGIS Enterprise
5 ArcGIS Insights in ArcGIS Online
50 ArcGIS Location Sharing User Type Extension (Enterprise)
50 ArcGIS Location Sharing User Type Extension (Online)
12 ArcGIS Advanced Editing User Type Extension (Enterprise)
OTHER BENEFITS
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 backup media, if requested* 2
Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri
facilities purchased outside this Agreement
*Additional sets of backup media may be purchased for a fee
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Page 2 of 6 November 1, 2024
Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation
attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this
Agreement ("Ordering Document"). 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, no modifications can be made to this Agreement.
Accepted and Agreed:
City of Yakima
(Customer)
By:
Authorized Signature
Printed Name: Victoria Baker
Title: City Manager
Date:
Contact: Randy Bonds
CUSTOMER CONTACT INFORMATION
Telephone: 509-575-6027
Address: 129 N 2nd Street
City, State, Postal Code: Yakima, WA 98901
Country: USA
Quotation Number (if applicable): Q-536072
Fax:
E-mail: randy.bonds@yakimawa.gov
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1.0 —ADDITIONAL DEFINITIONS
In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:
"Case" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.
"Deploy", "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Customer's
organization(s).
"Fee" means the fee set forth in the Quotation.
"Maintenance" means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.
"Master Agreement" means the Master Agreement
attached to Agreement No. 00337505.0.
"Product(s)" means the products identified in
Table A—List of Products and any updates to the list
Esri provides in writing.
"Quotation" means the offer letter and quotation
provided separately to Customer.
"Technical Support" means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.
"Tier 1 Help Desk" means Customer's point of
contact(s) to provide all Tier 1 Support within
Customer's organization(s).
"Tier 1 Support" means the Technical Support
provided by the Tier 1 Help Desk.
"Tier 2 Support" means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.
2.0 —ADDITIONAL GRANT OF LICENSE
2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A—List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.
2.2 Consultant Access. Esri grants Customer the
right to permit Customer's consultants or
contractors to use the Products exclusively for
Customer's benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer 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 Customer.
3.0 —TERM, TERMINATION, AND EXPIRATION
3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products during the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.
3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.
3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.
3.4 Termination for Lack of Funds. For an
Agreement with government or government-
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owned entities, either party may terminate this
Agreement before any subsequent year if
Customer is unable to secure funding through
the legislative or governing body's approval
process.
3.5 Follow-on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.
4.0 —PRODUCT UPDATES
4.1 Future Updates. Esri reserves the right to
update the list of Products in Table A—List of
Products by providing written notice to
Customer. Customer may continue to use all
Products that have been Deployed, but support
and upgrades for deleted items may not be
available. As new Products are incorporated into
the standard program, they will be offered to
Customer via written notice for incorporation into
the Products schedule at no additional charge.
Customer's use of new or updated Products
requires Customer to adhere to applicable
additional or revised terms and conditions in the
Master Agreement.
4.2 Product Life Cycle. During the Term of
Agreement, some Products may be retired or
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy,
which can be found at
https://support.esri.com/en/other-
resources/product-life-cycle. Updates for
Products in the mature and retired phases may
not be available. Customer may continue to use
Products already Deployed, but Customer will
not be able to Deploy retired Products.
5.0 —MAINTENANCE
The Fee includes standard maintenance benefits
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
Support Program document (found at
https://www.esri.com/en-
us/legal/terms/maintenance). At Esri's sole
discretion, Esri may make patches, hot fixes, or
updates available for download. No Software other
than the defined Products will receive Maintenance.
Customer may acquire maintenance for other
Software outside this Agreement.
a. Tier 1 Support
1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer's authorized users.
2. The Tier 1 Help Desk will be fully trained in
the Products.
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. The Tier 1 Help Desk will be the initial point
of contact for all questions and reporting of a
Case. The Tier 1 Help Desk will obtain a full
description of each reported Case and the
system configuration from the user. This
may include obtaining any customizations,
code samples, or data involved in the Case.
5. If the Tier 1 Help Desk cannot resolve the
Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
solutions to problems available to
Customer’s organization.
6. Tier 1 Help Desk individuals are the only
individuals authorized to contact Tier 2
Support. Customer may change the Tier 1
Help Desk individuals by written notice to
Esri.
b. Tier 2 Support
1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.
2. Tier 2 Support will review all information
collected by and received from the Tier 1
Help Desk including preliminary documented
troubleshooting provided by the 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
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supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.
4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.
5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).
6.0 —ENDORSEMENT AND PUBLICITY
This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer's
endorsement of Products. Either party may publicize
the existence of this Agreement.
7.0 —ADMINISTRATIVE REQUIREMENTS
7.1 OEM Licenses. Under Esri's OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners' business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.
Customer will 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 of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.
8.0 —ORDERING, ADMINISTRATIVE
PROCEDURES, DELIVERY, AND
DEPLOYMENT
8.1 Orders, Delivery, and Deployment
a. Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a multi-year Agreement, Esri may invoice the
Fee up to thirty (30) calendar days before the
annual anniversary date for each year.
b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
invoice. Esri reserves the right to suspend
Customer's access to and use of Products if
Customer fails to pay any undisputed amount
owed on or before its due date. Esri may charge
Customer interest at a monthly rate equal to the
lesser of one percent (1.0%) per month or the
maximum rate permitted by applicable law on
any overdue fees plus all expenses of collection
for any overdue balance that remains unpaid
ten (10) days after Esri has notified Customer of
the past-due balance.
c. Esri's federal ID number is 95-2775-732.
d. If requested, Esri will ship backup media to the
ship-to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.
8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi-year Agreement,
Customer will submit subsequent purchase
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
72
Page 6 of 6 November 1, 2024
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.
73
November 9, 2023
Addendum to Small Enterprise Agreement, County and Municipality Government (E214-3), Agreement No.
00337505.0.
This Addendum is entered into by and between the City of Yakima (hereinafter referred to as "Customer") and Environmental Systems
Research Institute, Inc. (hereinafter referred to as "Esri").
WHEREAS, Esri and Customer entered into a Small Enterprise Agreement County and Municipality Government (E214-3) No. 00337505.0
(hereinafter "Agreement"); and
WHEREAS, the parties desire to amend the Agreement to include additional terms and conditions;
NOW THEREFORE, the parties agree to the following:
1. Article B.6 - Insurance of the Master Agreement is hereby modified as follows:
Article B.6 - Insurance
If Esri is providing Services, Esri will carry, at a minimum, the following coverage:
a. Comprehensive general liability or commercial general liability with a minimum coverage of $2,000,000 (US
dollars) per occurrence and $2,000,000.00 (US dollars) combined single limit per occurrence for bodily injury,
including death, and property damage liability to include the following:
1. Premises and operations;
2. Blanket contractual liability;
3. Broad form property damage;
4. Independent contractors;
5. Personal injury, with employee exclusion deleted; and
6. Completed operations.
b. Workers' compensation insurance, with waiver of subrogation, in an amount that complies with statutory limits.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum as of the date of the last party to sign below.
ACCEPTED AND AGREED
CITY OF YAKIMA ENVIRONMENTAL SYSTEMS
(Customer) RESEARCH INSTITUTE, INC.
(Esri)
Signature: Signature:
Printed Name: Victoria Baker
Printed Name: Annette Kazandjian
Title: City Manager Title: Managing Business Attorney
Date: Date:
74
City of Yakima
SOLE/SINGLE SOURCE
JUSTIFICATION
Revised September 2023
1. ARE FEDERAL FUNDS BEING USED?NO
tf Federal Funds are being used, a Cost Price Analysis, priorto requesting Sole Source, MUST also be
attached. (See City Purchasing Manual for form) and a SAIU check must be perfomed before purchase is
made.
2. What are you purchasing? Describe product, service or system. Attach all infomation (Quotes, etc.l.
GIS Software for the City, used by almost every department in the city.
** Below are eligible reasons for sole source. Check all boxes below that apply to your sole
source situation and attach any useful documents to justify the sole source. List who you
contacted, what they said and how you verified their accuracy.
Compatibility/Standardization to existing City standard orto eristing equiPmenq inventory,
s)Etems, data, programs or service. Describe. List efforts to find other sources (attrach
documentation, e.g. lntemet Screenshots, etc.).
Patented Product. Attach documentation to contirm propriety (patent letter, etc.) and desctibe why the
patented features are critical to your operation.
r'Only Authodzed Service Proyider, Repair and,lor Wananty Setvices. Attach proof in writing from the
MANUFACTURER (not the vendor) confirming therc is only one dealet aulhodzed to sel/seMice in our
area.
Unique design: Requires unique features that are essential, aesthetic requirements, or not possible to
match to existing design or equipment. Document the unique specifications that are needed which drove
the research in finding a product that fits the specific needs of your departrnent. Explain why these
features are critical to your operation.
Your Name
Randy Bonds Jr
Your DepartmenUDivision
I nformation Technology Services
Your Phone
509-575-6027
Requisition Number
Requested Vendor
ESRI
Cost Estimale (lncluding TAX)
215,083
Vendo/s Address City, State & Zip
380 New York Street, Redlands, CA 92373
Vendor e-mail & website
hglock@esri.com esri.com
Vendor Contact Name
Heather Glock
Vendor Phone
909 369 8948
VeEion l2nOD
ls written certification attached?O".t NO
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75
Special llarket conditions: Can be used lo purchase items at auction (RCW 39.30.O45) or other items
that are offered at a very favorable price and will be sold before and entity will have a chance to
complete the bidding process (e.9. a flood is coming and you must obtain sandbags immediately), or
only one supplier can meet required delivery date (describe why the delivery date is critical and list
efforts to find other suppliers to meet the delivery date).
Other Please Describe
3. ls this producUservice available only through one vendor?
lfyes, attach documentation thatsupportsthe screening process you performed to confirm. (e.9. lntemetScreenshots, etc.)
4.
5. Why is this a sole source vendoa
(tell the story).
ESRI does not use aqy third party vendors to sale it's soffware
6. What efforts were mado to assure the City is receiving the lowest or best prlce posslble?
Describe and attach a document showing due diligence.
We have worked with the vendor to make sure that we are getting the best price for our size of
govemment. Having a 5 year contract keeps costs steady.
STATE]IIENT OF NEED/CONFLICT OF INTEREST
My division's recommendation for sole source is based upon an objective review ofthe good/service being required and
app€ars to be in the best inlerest of the City. I know of no conflict of interest on my part or personal involvement in any
way with this request. No gratuities, favor, or compromising action have taken place. Neither has my personal familiarity
with particular brands, types of equipmenl, materials or firms been a deciding influence on my request to sole source this
purchase when there are other known suppliers to exist.
ts this a one{ime pu.chase? O"=t O *o
lf NO, explain.
We have used this software since the 1980s and it's an integral part of City business. This contract is a
5 year contract.
r/Signature of Requester:
Signature of Division Manger:
Signature of Department Head
Signature of Purchasing Manager:
Signature of Director of Fina
and Budget:
Signature of City Man
{'''t'< 5,,r.- :
\
Date l]'-^-2't
Date l>- > -></
Date t7''-'7
Date o, 1," f "s
Date sr\rt(r^rl-
Date t ltr laOas
/,L-7
Version 22023
Please complete entire form and fonvard to Purchasing.
Page 2 of 3
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76
PURCHASING DIVISION
129 North Second Street
Yakima, Washingon 98901
Phone (509) 575-6093 - Fax (509) 576-6394
January l6th, 2025
Subject: Sole Source Justification for ESRI Software Purchase
Documented Justifi cation
The following jusification has been prcpared for review and approval from both a buyer and purchasing
manager standpoint.
I hereby attest that sole source procurement ofthe ESRI Software isjustified and approved based on the
following rcasons:
l Authorized Service Provider:
ESRI is the sole authorized service provider, repair, and warranty provider for their GIS software.
The manufacturer has confirmed in writing that no third-party vendors are authorized to sell,
service, or provide warrdnty support for their products in our arca.
2. Vendor Erclusivity:
The software is exclusively available through ESRI. Documenlation provided by the
manufacturer confirms that ESRI does not authorize third-party vendors to sell or distribute their
GIS softwarc, limiting the purchase directly to ESRI.
3. Proven Integration end Succ€ss:
The City has a longstanding history ofsuccessful integration ofESRI's GIS software with other
municipal systems. This software is critical to the City's operations and has consistently met the
needs of multiple departments.
Based on the above points, the purchase of this system qualifies as a sole source purchase, as no other
suppliers or products are capable of meeting the operational and technical r€quircments outlined by the
City of Yakima.
This sole source will remain valid for a term offive years from the date of city manager approval. After
this time, if the need for a sole source still exists, the using department will complete market rcsearch and
a new sole source will be routed for approval.
Sincerely,
(,,/,s.7=
Rudy Silva lll
Purchasing Manager
(s09) s7s-6094
77
esn rr.E
sc,EtvcE
OF
a
SOLE SOURCE LETTER
Environmental Systems Research lnstitute, lnc, (Esri)
380 New York Street
Redlands, CA 92373
DATE:
TO:
December 20, 2024
City of Yakima
Christina Payer, CPPB
Buyer ll
Purchasing Division
d: 509.576.6696 m: 509.575.6093
129 North 2nd Street, Yakima, WA 98901
FROM: Jackie Ricks, Contracts Specialisl l, Contracts and Legal Services Dept.
RE: Esri Sole Source Justification for Small llunicipal and County Govemment
Enterprise Agieement
This letter confirms Esri, as owner and manufacturer, is the sole source provider of all U.S. domestic
Small Municipal and County Govemmenl Enterprise Agreements (EA). The Small Municipal ?ld .Co.unty
GovemmentEA is a bundEd package of term limited sbfi\ivare licenses and maintenance that includes
the right to copy.
Subject to the disclosures set forth below, Esri is the only source that can grant a dght to copy and de-ploy
Enterprise Software within your organization (EnterpriseLAlso, domestically Esri is the only source of
maintenance (updates and technical support) for all Esriw software.
Esri has authorized certain resellers to resell small Local Govemment cloud-Based Enterprise
Agreements for populations of less than 15,000.
lfyou have further questions, please feelfree to call our Contracts and Legal SeNices DePartment at
909793-2853, extension 1 990.
*:{trrl\'J
JaCkie Ricks
J-8g3$SGE/JR December 20' 202'l
Esd 380 N4 yoft St.. Rsdtsnds. ca 92373-E100. USA ' TEL 9n9?9$2E53 . FAX 909793-5953 . E{ilAL lnfoe.si.com 'wEB Yvwvr.r3.i.com
78
Yakima HeraldRepublic
PO Box 9668
Yakima, WA 98909
classified Category: LegalslPublic Notices
EEEEtrEEEIEEEE YAKTMAHERALD.coM
NOTICE OF INTENT TO
SOLE SOURCE
The City of Yakima intends to
establish a sole source
contract with ESRI, 380 New
York St, Redlands, CA to
provide: ArcGlS Geographic
lnformation System
Technology
Firms who believe they can
compete for this requirement
are required to submit a brief
email statement of their intent
to compete. The statement
and any questions regarding
this sole source should be
directed lo Christina Payer,
Buyer ll at: q!-rlsli&Lp3ycl
-@.yski0asaSay by 5:00 pm,
February 6, 2025.
The City of Yakima does not
guarantee that firms
responding to this notice will
be rendered a request to
tender an offer for this
procurement. ln addition, the
City of Yakima does not
guarantee that any solicitation
will occur lor this procurement,
but reserves the right to solicit
proposals.
Firms who have not already
done so, should register as a
vendor at:
www.oublicourchase.com.
Aiso:'vffiir we-Gitelor
instructions on how to register
and to view advertised bids at:
www-vakimawa.oov
/services/pulshgsilg .
Dated this 16th day of January
2025
Christina Payer, Buyer ll
(91434) January 23 and 25,
2025
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