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R-2021-163 - 6/24/2021 RESOLUTION NO. R-202 t-163 WHEREAS, the City of Round Rock has previously entered into a "City of Round Rock Agreement for Purchase of Geospatial Software Enterprising Licenses with Environmental Systems Research Institute, Inc." ("Agreement"); and WHEREAS, Environmental Systems Research Institute, Inc. has submitted Supplemental Agreement No. 1 to amend the scope of services to add additional services and to increase the contract amount by $240,500.00 to a total of$715,850.00 as set forth in the Agreement; and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Environmental Systems Research Institute, Inc.,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 Supplemental Agreement No. 1 to"City of Round Rock Agreement for Purchase of Geospatial Software Enterprising Licenses with Environmental Systems Research Institute, Inc.," a copy of same 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 551, Texas Government Code, as amended. RESOLVED this 24th day of June, 2021. CRAIGeund RG , Mayor City of ock, Texas ATTEST: �,A Mi A/I I & MEAGAN INKS, Ileputy City Clerk 0112.20212;00474171 EXHIBIT „A„ SUPPLEMENTAL AGREEMENT NO. 1 TO "CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF GEOSPATIAL SOFTWARE ENTERPRISING LICENSES WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC." CITY OF ROUND ROCK § STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TRAVIS § COUNTY OF WILLIAMSON § THIS SUPPLEMENTAL AGREEMENT NO. 1 to "City of Round Rock Agreement for purchase of geospatial software enterprising licenses with Environmental Systems Research Institute, Inc.," called "Supplemental Agreement No. 1," is made by and between the CITY OF ROUND ROCK, TEXAS, a home-rule municipality, with offices located at 221 East Main Street, Round Rock, Texas 78664-5299 (referred to herein as the "City"), and ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. ("ESRI"), whose offices are located at 380 New York Street, Redlands, California 92373 (referred to herein as the "Vendor"). WHEREAS, the City and Vendor previously executed the referenced "City of Round Rock Agreement for Purchase of Geospatial Software Enterprising Licenses," hereinafter called the"Agreement" in the amount of$475,350.00; and WHEREAS, the City desires to amend the Scope of Services and Contract Amount to add additional services and costs; and WHEREAS, it is necessary to amend the Scope of Services and increase the Contract Amount provided in the Agreement by $240,500.00 to a total of$715,850.00 as set forth herein; NOW THEREFORE, in consideration of the mutual promises and obligations in the Agreement and this Supplemental Agreement No. 1, the City and Vendor agree that said Agreement is amended and supplemented as follows: 1. Section 2.01 of the Agreement is hereby amended to read as follows: 2.01 EFFECTIVE DATE, DURATION,AND TERM A. This Agreement shall be effective on 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 as provided herein. 00471549.ss2 B. The term of the Agreement shall be for thirty-six months commencing on the effective date of the Agreement, December 3,2020. C. The additional scope of services added by this Supplemental Agreement No. 1, specifically, the ArcGIS Utility Network User Type Extension for ArcGIS Enterprise Term Licenses as described in the Addendum to Exhibit "A," attached hereto and incorporated herein for all purposes, shall have a term of one (1) year from the effective date of this Supplemental Agreement No. 1. IL Section 3.01 of the Agreement is hereby amended to read as follows: 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") and the Addendum to Exhibit "A," and, together with this Agreement, comprise the Contract documents. III. Section 4.01 of the Agreement is hereby amended to read as follows: 4.01 COSTS The City shall be authorized to pay the Vendor an amount not to exceed Four Hundred Seventy-Five Thousand Three Hundred Fifty and No/100 Dollars ($475,350.00) in accordance with Exhibit "A" of the Agreement plus an additional Two Hundred Forty Thousand Five Hundred and No/100 Dollars ($240.500.00) in accordance with the attached Addendum to Exhibit "A," for a total not-to-exceed amount of Seven Hundred Fifteen Thousand Eiaht Hundred Fifty and No/100 Dollars ($715.850.00) for the term of the Agreement. IV. This Supplemental Agreement No. I shall amend the original Agreement only as set forth herein with no other changes in terms or conditions of the original Agreement. [Signatures on the following page.] 2 IN WITNESS WHEREOF, the City and Vendor have executed this Supplemental Agreement No. i to be effective as of the last date of due execution by both parties. CITY OF ROUND ROCK,TEXAS ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. Printed Name: Printed Name: Ale}andra Merino Title: Title: Manager I temabOr COWS Date Signed: Date Signed: � , 7 o ATTEST: By: Sara L. White,City Clerk FOR CITY,APPROVED AS TO FORM: By: — Stephan L. Sheets,City Attorney 3 Addendum to Exhibit "A" HE". Quotation # Q-434975 esrrr e "`- Date: March 15.2021 Environmental Systems Research Institute,Inc. Customer 0 9643 Contract 0 ENTERPRISE 380 New York St AGREEMENT Redlands,CA 92373-8100 Phone: (909)793-2853 Fax:(909)307.3049 City of Round Rock DUNS Number:06.3134175 CAGE Code:OAMS3 Information Technology 221 E Main St Round Rock, TX 78664-5271 To expedite your order,please attach a copy of ATTENTION: David Freireich this quotation to your purchase order. PHONE: 512-671-2756 Quote is valid from:311512021 To: 611312021 EMAIL: dfreireich@roundrocktexas.gov Material Oty Term Unit Price Total 97720 4 Year 1 $60,000,00 $240,000.00 Esri Enterprise Advantage Program(EEAP)Additional 100 Learning and Service Credits. This product cannot be purchased without an existing EEAP subscription.All travel specified in this quote is subject to Esri's business continuity measures regarding COVID-19,including the most current Federal, State,and Local Government restrictions and Centers for Disease Control and Prevention(CDC)travel advisory recommendations.All proposed project schedules are tentative and will be adjusted based on the most current COVID-19 information available,and mutual agreement of the parties. 173298 5 $100,00 $500.00 ArcGIS Utility Network User Type Extension for ArcGIS Enterprise Term License Subtotal: $240,500.00 Sales Tax. $0.00 Estimated Shipping and Handling(2 Day Delivery): $0.00 Contract Price Adjust: $0.00 Total: $240.500.00 To support the City of Round Rock Public Works department with Utility Network Implementation.Small Government Enterprise Agreement No. 290471. Esd may charge a lee to cover expenses reW too to any custorMr raQviiement to uae a propoetary vendor"nag ement.procurement.or 0+%)Ke program For questions contact: Email: Phone: Phillip White pwhite@esri corn (909)793-2853 x5803 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 htlosPassets.es it,com/con tenVdaaVesrisiteslmed WleaaUoroduct-specific-terms-of-usefe300.Ddf and your applicable signed agreement vAlh Esn.If no such agreement covers any item quoted then Esn's standard terms and conditions found at htlosJ/oo.esri.comlMAPS apply to your purchase of that item. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esr's GSA Federal Supply Schedule Supplemental terms and conditions found at Ntne_J/www.esri.coin/en-usrleaal/termslstate-sunolemenlal apply to some stale and local government purchases.All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esr's offerings Acceptance of this quotation is limited to the terms of INS 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 purchaseirlicense The information may not be given to outside parties or used for any other purpose without consent from Esn. Delivery is FOB Origin WHITEP This offer Is limited to the terms and conditions incorporated and attached herein.