R-2020-0347 - 12/3/2020RESOLUTION NO. R-2020-0347
WHEREAS, the City of Round Rock ("City") desires to purchase geospatial software
enterprising licenses; and
WHEREAS, Section 252.022(4) of the Texas Local Government states that expenditures for
items available from only one source are exempt from competitive bidding requirements; and
WHEREAS, Environmental System Research Institute, Inc. ("ESRI") is the sole source
provider of these software licenses; and
WHEREAS, the City desires to enter into an Agreement with ESRI to purchase said geospatial
software enterprising licenses, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement with Environmental Systems Research Institute, Inc., a copy of said agreement being
attached hereto as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 55 1, Texas Government Code, as amended.
RESOLVED this 3rd day of December, 2020.
CRAIGORG, Mayor
City of Round ock, Texas
ATTEST:
aQ1,
SARA L. WHITE, City Clerk
0112.20202, 00460538/ss2
EXHIBIT
„A»
CITY OF ROUND ROCK AGREEMENT FOR
PURCHASE OF
GEOSPATIAL SOFTWARE ENTERPRISING LICENSES
WITH
ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE. INC.
THE STATE OF TEXAS §
CITY OF ROUND ROCK §
COUNTY OF WELLIAMSON §
COUNTY OF TRAMS §
KNOW ALL BY THESE PRESENTS:
THAT THIS AGREEMENT for the purchase of geosp,-
ial software enterprising
licenses, and for related goods and services (referred to herein as the "Agreement"), is made and
entered into on this the .... day of the month of , 2020 by and between the
CITY OF ROUND ROCK, a Texas home -rule municipality, whose offices are located at 221
East Main Street, Round Rock, Texas 78664=5299 (referred to herein as the "City"), and
ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. (it Esri"), whose offices
are located at 380 New York Street, Redlands, California 923 73 (referred to herein as "Vendor"),
collectively the parties to the Agreement (refeviTud to herein as "Parties").
RECITALS:
WHEREAS, City desires to purchase certain geospatial software enterprising licenses,
and City desires to procure same from Vendor; and
WHEREAS, expenditures that are for procurement of items from only one source are
exempt from competitive bidding requirements pursuant to Section 252.022 of the Texas Local
Government Code; and
WHEREAS, the City has determined that Vendor i's a sole source provider for these
goods and services; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH0--
That for and in consideration of the mutual promises contained herein and other good and
consideration, the sufficiency andvaluable receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follow.
00458356/ss2
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
Ciity agrees to buy specified goods and/or services and Vendor is obligated to provide said goods
and/or services.
Be City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Goods and Services mean the specified
commodities, or equipment.
'a
services, supplies, materials,
E. Vendor means Environmental Systems Research Institute, Tnc. (`BSRI"), its
successors or assigns.
2.01 EFFECTIVE DATE, TERM
A. This Agreement shall be effective o n the date this Agreement has been signed by
each party hereto, and shall remain in full force and effect unless and until it expires by operation
of the term indicated herein, or is terminated or extended as provided herein.
Be The term of this Agreement shall be for thirty-six (36) months commencing
December 20, 2020, The existing agreement between the parties shall remain in effect until the
commencement of the term.
3.01 CONTRACT DOCUMENTS
The goods and services which are the subject matter of this Agreement are described in
Exhibit "A" ("Small Municipal and County Government Enterprise License Agreement"),
incorporated herein by reference for all purposes, and, together with this Agreement, comprise
the Contract Documents.
4.01 COSTS
The City shall be authorized to pay the Vendor an amount not -to -exceed Four Hundred
Seventy -Five Thousand Three HundredFi*fty and No/100 Dollars ($475,350.00) for the term
of this Agreement.
5.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Vendor will be made within thirty (30) days of the day on which City receives the performance,
supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on
2
which the performance of services was complete, or within thirty (30) days of the day on which
City receives a correct invoice for the performance and/or deliverables or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b):, however, this Policy does not apply to payments made
by City in the event.*
A. There is a bona fide dispute between City and Vendor, a contractor, subcontractor
or supplier about the goods delivered or the service performed that cause the
payment to be late; or
B. The terms of a federal contract, grant, regulat41
ion, or statute prevent City from
making a timely payment with federal funds; or
C. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
D. Invoices are not mailed to City in strict accordance with instructions, 1`f any, on
the purchase order or the Agreement or other such contractual agreement.
6.01 COMPLIANCE WITH CHAPTER 2270 OF THE TEXAS GOVERNMENT CODE
In accordance with Chapter 2270, Texas Government Code, a governmental entity may
not enter into a contract with a company for goods or services unless the contract contains
written verification fro--- the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel and will not boycott Israel during the term of this contract. The signatory executing this
Agreement on behalf of Vendor verifies Vendor does not boycott Israel and will not boycott
Israel during the term of this Agreement.
[Signatures on the following page.]
3
dates
IN' WITNESS C1*1Y and Vendor have executed this on.
indicated.
Teas
City of Round Rock,
By:
- ------- ---- -
Printed Name: -
Title:
Date Signed.,.,
Attest,0
-------------------------------------------------------------------------
Sara L. White, City Clerk
For City, Approved as to Form:
4
By*'
----------------------------- � I - -- - Stephan L. Sheets, City Attorney
4
Environmental Systems Research
Institute, Inc. (Esri}
Byla
Printed. NameChris Johnson
Z'ItiC:Manager,Comml&Gov'tContracts.DateSigned:Nov9,2020 --- ------ - -----------------
ExhibR&"A!l
Small MuniciEnterpriseand County GovernmenLicense Agreement
5
OF
Auaust 27, 2020
=7
Nathan Smith
City of Round.Rock
221 E Main St
Round Rock,, TX 78664-5271
Dear Nathan,
The Esri Sni�all Municipal- and County Government Enterprise Agreement (SGEA),Is a three-year agreement that
will grant your organization access to Esri term. ficense software. The EA will. be effective on the date executed and
will require afirm, three-year con.imitnicti.t.
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 so-ftware
Substantially redLICed administrative and procurement expenses
Complete flexibility to deploy software products when and where needed
The -following business terms and conditions will apply:
All current. de- artments, employees, and in-house. contractors of the organization will be cligrible to Use
P W, %�'
the soft -ware 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 Esn. pricing that is generally available for
.
your organization for software and. maintenance..
W
* The organization will establish a single point of contact for orders and deliveries and will. be responsible
for redistribution to eligible users.
* The organ
ization will establish a Tier I support ccnter 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.
* 1"he fee and benefits offered in thisEA 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 esn.com
Redlands, California 92373-8100 USA info@esri.com
Small Govonunent Enterprise Agreement
• Licenses are valid for the tel-ltlof 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 B Y THE TERMS AND CONDITIONS OF THE ESRI
SMALL MUNICIPAL AND COUNTY GOVERNMENT EA, AND ADDITIONAL TERMS AND
CONDITIONS IN THIS P UR CHA SE ORDER WILL NOT APPLY. "
Have it signed by an authorized representative of the organization.
2. On the first page of the EA, "dent* fy the central point of contact/agreement administrator. The agreement
A A
ad.inishator 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:
Esn'
Attu: Custo er Service SG -EA
380 New York Street
Redlands, CA 923 73 -8 100
e-mail: serv*ice@esn*.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,
Phillip White
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