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HomeMy WebLinkAboutContract 30866 CITY SECRETARY CONTRACT NO. p ri ESRI,380 New York St.,Redlands,CA 92373-8100 USA•TEL 909-793-2853•FAX 909-793-5953 n Amendment Number 1 O to f rt Master License Agreement n Between City of Fort Worth(Licensee) rf and � Environmental Systems Research Institute,Inc.(ESRI) ESRI Contract Number 2001MLA2275 rt gh Master License(Agreement)(ESRI Contract Number 2001MLA2275)is hereby modified as follows: N 1. General Terms and Conditions,E200 is modified as follows: • ►rt- 1. Article 1—Definitions,subparagraph(d)is superseded in its entirety to read as follows: O �I (d) "License Manager"means the nondestructive license management software program or hardware key,or similar copy protection mechanism,which controls the distribution of the licensed number of Software copies to requesting end user(s)of Licensee. 2. Article 4.1—Permitted Uses,second bulleted paragraph is superseded in its entirety to read as follows: Licensee may make one(1)copy of the Software,Data,and Documentation for archival purposes during the term of this Agreement. Additionally,Licensee may make routine computer backups and implement a redundant Software installation for failover operations during the period the primary site is not operational. The redundant Software installation shall remain dormant except for system maintenance and updating of databases while the, primary site is operational. 3. Article 4.1—Permitted Uses,fourth bulleted paragraph is superseded in its entirety to read as follows: Licensee may use the Data only as described in the Distribution Rights section of the help or metadata files delivered with the Software,Data,and Documentation,or subject to the third party Data vendor's terms. '4. Article 4.2—Uses Not Permitted,is modified to add the following two(2)new paragraphs: ® Licensee shall not redistribute the Software developer license authorization file(s). • After a reasonable transition period for updating to the most current version of the Software,Licensee shad cease using all prior versions of the Software that Licensee has elected to update to the most current version(s)of the Software. When the transition to the most current version(s)of the Software is complete the quantity of Software licenses in use by Licensee at any given time shall not exceed the total quantity Cblicensed by ESRI in accordance with the licensed configuration on file with ESRI Customer Service. II. ESRI Exhibit 1,Scope of Use,version E300 1/03 is superseded in its entirety with the attached ESRI Exhibit 1,Scope of Use,version E300 5/04. Except as modified by this Amendment,all other terms in the Agreement and any other previous amendments to the Agreement are incorporated herein by this reference and remain unchanged unless modified by a separate signed modification agreement. ACCEPTED AND AGREED: ENVIRONMENTAL SYSTEMS CITY OF FORT WORTH RESEARCH INSTITUTE,INC. (Licensee) (ESRI) �QQ By: B Authori e Printed Name: i a e rinte Name: JACQUELYN RICKS acts Admilt, Title: � Title: M Date: e v Date: OCT 18 2004 CA2001-MLA2275A 1/BS 911612004 ■ EXHIBIT 1 SCOPE OF USE (E300 5/04) ESRI,380 New York St.,Redlands,CA 92373-8100 USA•TEL 909-793-2853•FAX 909-793-5953 The scope of use for each ESRI®Software identified below is described in the applicable footnotes listed in parentheses. • ArcGIS®Desktop - ArcIMS ArcMapTM Server (1,3,5,7, and 12) - ArcReaderTM (1 and 19) - RouteMAPTM IMS (1, 3,5,7,and 12) - ArcViewO (1,2, and 6) - ArcEditorTM (1,2, and 6) • ArcView GIS 3.x - ArcInfoTM (2 and 6) - ArcView and Extensions (1) - Extensions (1,2,and 6) - ArcView Business Analyst (1, 15,and 21) - Arclnfo Workstation Extensions (2 and 6) 0 ArcLogisticsTM Route (1, 8,and 15) • ArcGIS Schematics SDK (1,4, 12,and 16) • PC ARC/INFO® (1) • ArcGIS Business Analyst (1,2, 15,and 21) • Maplex (1) • ArcGIS Engine • MOLE TM (1) - ArcGIS Engine Developer Kit (1 and 23) • MOLE SDK (1,4,and 12) - ArcGIS Engine Runtime (1,4, 12,and 23) • BusinessMAPO (1 and 15) - ArcGIS Engine Options(Spatial Analyst, • ArcPadO (1,9, and 10) 3D Anal ystTM,Geodatabase(GDB)Update, • ArcPad StreetMap (1,9, and 20) StreetMapTM) (1,4, 12,and 23) • ArcPad Application Builder (1) • MapObjectsO-Windows Edition (1,4, 11, 12, • ArcGIS Server and 16) - ArcGIS Server Base License (1, 3,5,7,and 24) • MapObjects-Java Edition (1, 3,4,5, 12, 16,and - ArcGIS Server Options(Spatial Analyst, 17) 3D Analyst,StreetMap) (1,3,5,7,and 24) • MapObjects LT (1,4, 12, and 13) • ArcSDE� • ArcExplorerTM (1 and 19) ArcSDE Server (1, 3,5,7, and 18) • NetEngine T11 (1,5,and 12) - ArcSDE for Coverages (3,5,7, and 18) NetEngine Internet (3,5,and 13) - ArcSDE Connections (2,7, and 18) • Production Line Tool Set(PLTS); GIS Data ReViewer;Job Tracking for ArcGIS (1) • ArcIMSD • Data Sets (1 and 15) - ArcIMS and Extensions (1,3,5, 6,7, 12,and 15) 1. "Single use license" means a license must be dedicated for each computer or network access point that has use rights for the Software,Data, or Documentation. Licensee may make a second copy for Licensee's exclusive use on a portable computer so long as only one(1)copy of the Software,Data,and Documentation is in use at any one time. 2. "Concurrent use license" means a license that permits execution of the Software on any computer on the network. The number of simultaneous/concurrent users may be controlled by a License Manager to access and use the Software,Data, or Documentation. 3. "Server license" means a license for the server-side Software that resides on a server computer and provides services to multiple users in a client/server distributed computing environment. 4. A" Stand-alone Redistribution license" grants the right to Licensee to redistribute a stand-alone application to end users, provided the application is installed on each computer on which the application is run(also known as a"Stand-alone Deployment license"). The Stand-alone Redistribution license requires payment of redistribution or deployment fees, except for MapObjects LT. 5. A "Server Deployment license" grants the right to Licensee to redistribute an application via a network,the Internet,or Intranet to end users of the application(also known as an"Internet Redistribution license"). The Server Deployment license does not require payment of additional deployment or redistribution fees,except for MapObjects-Java Edition. 6. Extensions or Options to Software programs follow the same scope of use as that granted for the corresponding Software programs. For example,if you order an ArcInfo extension,then that extension is also licensed for concurrent use. ESRI,ArcGIS,ArcReader,ArcView,ArcEditor,Arclnfo,3D Analyst,StreetMap,ArcSDE,ArcIMS,ArcMap,RouteMAP,ArcLogistics,PC ARC/INFO, MOLE,BusinessMAP,ArcPad,MapObjects,ArcExplorer,and NetEngine are trademarks,registered trademarks,or service marks of ESRI in the United States,the European Community,or certain other jurisdictions. ........... Page I of 4 ; E300 5/04 t 7. The ArcGIS Server, ArcIMS,ArcSDE and MapObjects—Java Edition(collectively Server Software)licenses are licensed per Server/CPU and include the right to develop, test,and deploy applications to end users. Additional CPU licenses,Developer licenses, and Development and Testing Server Licenses are available for a fee. All Developer licenses are Single Use licenses. Licensee shall not use a Developer license or a Development and Testing Server license to deploy applications for production use by end users. Licensee may use the Server Software to test and deploy applications on the Internet provided the source and object code are not accessible to users of the application. Except for ArcGIS Server, the Server Software administration tools may be copied and redistributed throughout Licensee's organization. The ArcIMS license includes the right to deploy MapObjects—Windows Edition applications on the Internet or Intranet. Licensee shall not develop client/server solutions with the ArcIMS Java Archive(JAR)files without a license for the MapObjects—Java Edition Developer Kit. 8. ESRI and its licensor(s)grant Licensee a nonexclusive, nontransferable,limited license to use,copy,and prepare derivative works by (a) Translating "alroute.mld" (hereinafter"Dictionary")from the original text in the English language; (b) Editing Geographic Data Technology(GDT)Data included within ArcLogistics Route; and (c) Adding Data(owned by Licensee or others)to ArcLogistics Route Software. The license grant is conditioned as follows: (a) The derivative works are for Licensee's internal use only; (b) ESRI and its licensor(s)retain all exclusive right, title,and interest in and benefits from the derivative works, except Data owned by Licensee or others;and (c) Licensee expressly waives and relinquishes any and all ownership including, but not limited to,copyright, moral rights,or any other statutory or common law claims to the derivative works,except for Data owned by Licensee or others. Licensee shall not translate, modify, or edit in any way the software name "ArcLogistics Route," software logo,any third party software,any text other than the Dictionary,or any Data other than GDT's. The amount of Data used by Licensee is limited by Data credits purchased. Additional license fees are required if ArcLogistics Route with Data is to be accessed by more than one(1)ArcLogistics Route license. 9. ArcPad SOFTWARE IS NOT LICENSED FOR NAVIGATIONAL USE. 10. This is a"Dual Use License," meaning the Software may be installed on a desktop computer and may be used simultaneously with either a Personal Digital Assistant(PDA)or handheld mobile computer provided that the Software is only used by a single individual at any one(1)time. 11. Licensee shall not redistribute or disclose the MapObjects developer license file(*.lic). Developers must attribute as follows: "Portions of this computer program are owned by LizardTech,Inc., and are Copyright© 1995-2002 LizardTech,Inc.,and/or the University of California. All rights reserved. U.S.Patent No.5,710,835." 12. Redistribution rights for standard or Internet application(s)may be subject to payment of additional license fees. Other restrictions notwithstanding, Licensee may redistribute commercial applications to its sublicensee(s)provided Licensee uses a written sublicense agreement that protects ESRI's rights in its Software,Data, and Documentation to the same extent as the ESRI License Agreement,and that includes the following terms, as a minimum: (a) Sublicensee may not reverse engineer,decompile, or disassemble the ESRI Software, Data,or Documentation, except to the extent permitted by applicable law,copy for commercial use,transfer,or assign its rights under the license grant;and (b) Sublicensee may not use any ESRI Software, Data, or Documentation,in whole or in part, separate from Licensee's executable application. (c) Third party dependent or required components are redistributable subject to permission from the owner or author. 13. Subject to an annual renewal fee. 14. [Reserved] 15. For ESRI branded Data, unless there is a statement to the contrary in the metadata,Licensee may use,copy,reproduce, publish,publicly display,or redistribute map images derived from the Data in hard-copy or static,electronic formats (i.e., .gif, .jpeg,etc.),provided that Licensee affixes an attribution statement to the map images acknowledging ESRI or its licensors as the source of the portion(s)of the Data displayed,printed,or plotted. For third-party branded Data, the right to use,reproduce,and redistribute shall be subject to the third-party Data vendor's data license agreement. The Data shall not be used separately from ESRI Software. F Page 2 of 4 E300 5/04 16. The Redistribution Stand-alone(or Deployment)license is per application per computer. For MapObjects—Windows Edition,Internet or Intranet Deployment requires an ArcIMS Internet Deployment License. Except for ArcIMS licenses, one(1)Internet Deployment license is required for each ArcIMS server/CPU that runs Web mapping applications built with MapObjects—Windows Edition. For MapObjects—Java Edition, Internet or Intranet Deployment requires a MapObjects—Java Internet Deployment License. An application upgrade is not a redeployment as long as it uses the same major revision of ArcGIS Schematics SDK,MapObjects—Windows Edition, or MapObjects—Java Edition. 17. The MapObjects—Java Edition contains Java Archive(JAR)files, which indicate they are authentic ESRI-certificated files when used over the Internet. Any Licensee certificate placed on the modified "re jarred" files cannot reference ESRI as a source of trusted content. In addition to any other rights and restrictions in the Agreement, Licensee may use the MapObjects—Java Edition on a single computer to (a) Build applet(s)that are used only as an internal component in end user interfaces, and to copy the applet(s)to additional computers(e.g.,Web Server)from which Licensee may deploy the applet(s)to end users via download in the course of browsing or interacting with Licensee's Web pages. End user redistribution of the applet(s)is not allowed;and (b) Build stand-alone Java Applications. Licensee may deploy the Java class ESRI certificated libraries as an integral part of Licensee's application(s);and (c) Build servlets and/or Enterprise JavaBeans with MapObjects—Java components,requiring a MapObjects—Java Internet Deployment License for each CPU;and (d) Distribute MapObjects Java applets,provided(i)Licensee's Web pages or software application(s)is targeted at end users and not as a development tool;(ii)Licensee does not use ESRI's name, logos, or trademark to market Licensee's Web pages or application(s);and(iii)Licensee includes a valid Licensee copyright notice on Licensee's Web pages and software application(s). 18. ArcSDE is licensed on a Server/CPU basis and on a one-to-one basis with a relational database, meaning Licensee shall run ArcSDE on a Server on a one-to-one basis with a database Server. In most implementations ArcSDE and the database are installed on the same Server. Each ArcSDE Server license enables the customer to have multiple ArcSDE instances if they have multiple database instances on the corresponding database Server. Licensee shall not install ArcSDE instances on more than one Server and shall not use the network to connect from the Server on which ArcSDE is installed to databases on more than one(1)Server. ArcSDE Single Use licenses are available only for use with ArcEditor Single Use Software licenses on a one-to-one basis. ArcSDE direct connections run on a client desktop computer are also Single Use licenses. ArcSDE for Coverages is licensed only in conjunction with concurrent use licenses of ArcView, ArcEditor,ArcInfo, ArcSDE Server, or ArcIMS Software. Licensee may use the ArcSDE for Coverages subject to this Agreement. ArcSDE for Coverages is not licensed separately, but may be distributed separately. 19. Licensee may reproduce and redistribute the ArcReader and/or ArcExplorer Software provided all of the following occur: (a) The ArcReader or ArcExplorer Software is reproduced and redistributed in its entirety whether as a stand-alone application or as an embedded GIS viewing tool on Licensee's own deliverable; (b) An Agreement accompanies each copy of the ArcReader or ArcExplorer Software that protects the ArcReader or ArcExplorer Software to the same extent as the ESRI License Agreement,and the recipient agrees to be bound by the terms and conditions of the Agreement; (c) All copyright and trademark attributions/notices are reproduced;and (d) There is no charge or fee attributable to the use of the ArcReader or ArcExplorer Software. 20. Data provided with ArcPad StreetMap may be used for mapping, geocoding,and routing purposes but may not be used for dynamic routing purposes. Dynamic routing or"real-time guidance" is predictive routing and is not included in the ArcPad StreetMap functionality. For instance,ArcPad StreetMap may not be used to alert a user about upcoming maneuvers(such as warning of an upcoming turn)or calculating an alternate route if a turn is missed. 21. Subject to the Permitted Uses described below,the Data provided with Business Analyst shall not be used separately from the Software. Use of the Data provided with Business Analyst shall be subject to Footnote 15 above and are hereby supplemented by adding the following terms and conditions: "Permitted Uses: (a) In conjunction with the permitted uses described in Footnote 15,Licensee is granted permission to include resultant maps,reports,or other data output derived from Business Analyst only as part of Licensee's value- added products and/or services(e.g.,Licensee's client reports,presentation packages, marketing studies, etc.)to current or prospective clients,so long as the resultant maps,reports,or other data output derived j Page 3 of 4 2� E; 00 5/04 r , L� from Business Analyst comprises less than twenty percent(20%)of the total content value of the Licensee's client reports,presentation packages,or marketing studies. Uses Not Permitted: (a) Licensee shall not sell;rent; lease;sublicense; lend;assign; time-share;or act as a service bureau or Application Service Provider(ASP)of full,complete, stand-alone reports,maps,or data output created from Business Analyst without first entering into an appropriate reseller-type agreement with ESRI. (b) Unless Licensee has separately licensed a copy of ESRI BIS Coder,Community Coder, or ESRI BIS Data that permits appending of the ACORN or Community segmentation codes,Licensee shall not use the Data provided with Business Analyst to assign or append ACORN or Community segmentation codes to addresses or geographical data not included in Business Analyst. (c) Licensee shall not use,copy,redistribute,display,rebroadcast,or otherwise retransmit the Software or Data provided with Business Analyst on the Internet without first entering into an appropriate Internet/Intranet Deployment-type agreement with ESRI. (d) Licensee shall not withhold any substantial right(e.g.,extension of credit)from any individual based solely on the ACORN or Community market segmentation systems type of said individual's place of residence." 22. [Reserved] 23. The ArcGIS Engine Developer Kit grants the right to develop an unlimited number of applications on a single computer and to deliver the applications with or without the Engine Runtime Software to end users. The ArcGIS Engine Developer Kit licenses and Engine Runtime licenses may be licensed independent of the other. Licensee shall not redistribute the Engine Developer Kit authorization file. The Engine Runtime licenses shall not be used for development of Engine applications. Internet Deployment is not permitted. An end user must license either ArcGIS Engine Runtime Software or other ArcGIS Desktop Software(ArcView,ArcEditor,or ArcInfo)to obtain the right to run an unlimited number of ArcGIS Engine Developer Kit applications on one(1)computer. The ArcGIS Engine Runtime Options shall not be used in combination with ArcGIS Software to run ArcGIS Engine applications. Developers must attribute as follows: "Portions of this computer program are owned by LizardTech,Inc.,and are Copyright© 1995-2002 LizardTech,Inc.,and/or the University of California. All rights reserved. U.S.Patent No.5,710,835." 24. ArcGIS Server requires ArcSDE and an ArcGIS Desktop License(Arclnfo,ArcEditor,or ArcView), licensed separately. The ArcGIS Server Base License includes the GIS Server and the Application Developer Framework(ADF). The ArcGIS Server options or extensions are the ArcGIS Server Spatial Option,ArcGIS Server 3D Option, and the ArcGIS Server StreetMap USA Option. An ArcGIS Server standard license includes the right to install and run the .NET or Java ADF on one(1)developer computer for the purposes of developing Web applications and services. Licensee may deploy ArcGIS Server applications on the Internet provided the source and object code are not accessible to users of the application,and that Licensee does not generate revenue directly by charging for access to the site or service by selling data,pay-per-view,or subscription fee, or similar means by utilization of the Software. General Notes: A. Use of ESRI Software,Data,or Documentation in a commercial Application Service Provider(ASP)business model is subject to execution of a written ASP license agreement and the payment of the appropriate additional license fees. For purposes of this Agreement, a commercial ASP means a Licensee who uses ESRI Software,Data,or Documentation for a site or service,operates the site or the service for a profit,and generates revenue by charging for access to the site or service(by selling data,pay-per-view, subscription fee, or similar means). B. ESRI does not permit a Licensee to make the ESRI Software,Data,or Documentation accessible to third parties for remote geoprocessing or on a global server for access by foreign affiliates or other third parties. PUR Pa e4of4 City of Fort Worth, Texas "agor And Council comi"unication DATE REFERENCE NUMBER I LOG NAME PAGE 11/19/02 **P_9714 0002-0308 1 of 2 SUBJECT PURCHASE OF GEOGRAPHIC INFORMATION SYSTEMS SOFTWARE MAINTENANCE, SOFTWARE SERVICES AND TRAINING FROM ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. FOR THE INFORMATION TECHNOLOGY SOLUTIONS DEPARTMENT RECOMMENDATION: It is recommended that the City Council: 1. Authorize a purchase agreement with Environmental Systems Research Institute, Inc. (ESRI) for Geographic Information Systems (GIS) software maintenance, services and training using State of Texas catalogue purchasing procedures at a cost not to exceed $83,229.52; and 2. Authorize this agreement to begin November 19, 2002, and expire November 18, 2003, with options to renew for two additional one-year periods. DISCUSSION: On June 22, 1999 (M&C P-8881), the City Council authorized a procurement agreement for GIS software, maintenance, software services and training from ESRI. The expenditure for software maintenance under this requested agreement is for the City as a single site. Instead of individual departments choosing only selected pieces of the software for maintenance, all GIS users will get the same updates. The site license approach to maintenance is easier to administer and is actually less costly than the other, individual approach. The Information Technology Solutions Department will use this agreement to purchase maintenance for the GIS software that has been implemented throughout the City. ESRI is the manufacturer and distributor of their software products. The City spent $158,000 last year. Under this agreement, the City will spend $83,229.52 this year. ESRI is designated as a Qualified Information Systems Vendor by the State of Texas. Under Section 271.083 of the Texas Local Government Code, a local government satisfies otherwise competitive bidding requirements when it makes a purchase through the State of Texas General Service Commission catalogue purchasing procedure established by Section 2157.061 of the Texas Government Code. The City will comply with the procedure of the purchase agreement authorized under this Mayor and Council Communication. M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office because the purchase of goods and services is from a source where subcontracting or supplier opportunities are negligible. RENEWAL OPTIONS - This agreement may be renewed for up to two successive one-year terms at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. City of Fort Worth, Texas "Agar And Council COMI"U"icatio" DATE REFERENCE NUMBER LOG NAME PAGE 11/19/02 **P-9714 0002-0308 2 of 2 SUBJECT PURCHASE OF GEOGRAPHIC INFORMATION SYSTEMS SOFTWARE MAINTENANCE, SOFTWARE SERVICES AND TRAINING FROM ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. FOR THE INFORMATION TECHNOLOGY SOLUTIONS DEPARTMENT FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Information Systems Fund. CB:k BQN/02-0308/VVW Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Charles Boswell 6183 Originating Department Head: Jim Keyes 8517 (from) APPROVED 11/19/02 David Miller 8781 P168 539120 0045050 $83,229.52 Additional Information Contact: Robert Combs 8357 David Miller 8781