HomeMy WebLinkAbout2021/11/09-Attachments-Approved_Esri_Exemption_Form_6.22.21.pdfFORT WORTH
CITY OF FORT WORTH
CHAPTER 252 EXEMPTION FORM
Instructions: Fill out the entire form with detailed information. Once you have completed this form,
provide it to the Purchasing attorney for review. The attorney will review the information you have
provided to determine whether an exemption to Chapter 252's biding requirements is defensible.
If you are printing this form to provide to Legal, please do not provide the Primer portion. Failure
to provide sufficient information may result in follow up questions and cause a delay in the
attorney's determination.
Section 1: General Information
Requesting Department:
Name of Contract Manager:
Department's Attorney:
Item or Service sought:
Goods:
Service:
Anticipated Amount:
Vendor:
Current/Prior Agreement for item/service:
CSC or Purchase Order #:
Amount:
Projected M&C Date:
How will this item or service be used?
Information Technology Solutions & Water
Steven Vandever
Taylor Paris
Support and Maintenance of existing GIS system
$210,000.00 per year ITS & Water Combined)
Environmental Systems Research Institute, Inc
Yes No
(M&C P-11977) PO FW004-0000002978
$168,451.31 (ITS only)
8/10/2021
ESRI software site licenses, maintenance, services and training are used to provide a high level
of geographic data for the City's enterprise GIS system. This software provides staff with the
ability to analyze, manage, and map geographic data. Utilizing ESRI software also provides data
interoperability between governmental entities as it is effectively the standard in GIS software.
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Section 2: Claimed Exemption and Justification (Other than sole source)
NOTE - For a claimed sole -source exemption, complete Section 3.
Please indicate the non -sole -source exemption you believe applies to the purchase and provide
information to support its applicability. Please refer to the Exemption Primer for detailed
information about common exemptions:
A procurement necessary to preserve or protect the public health or safety of the
City of Fort Worth's residents;
A procurement necessary because of unforeseen damage to public machinery,
equipment, or other property;
A procurement for personal, professional, or planning services;
A procurement for work that is performed and paid for by the day as the work
progresses;
A purchase of land or a right-of-way;
Paving drainage, street widening, and other public improvements, or related
matters, if at least one-third of the cost is to be paid by or through special assessments
levied on property that will benefit from the improvements;
A public improvement project, already in progress, authorized by the voters of the
municipality, for which there is a deficiency of funds for completing the project in
accordance with the plans and purposes authorized by the voters;
A payment under a contract by which a developer participates in the construction
of a public improvement as provided by Subchapter C, Chapter 212;
Personal property sold:
• at an auction by a state licensed auctioneer;
• at a going out of business sale held in compliance with Subchapter F,
Chapter 17, Business & Commerce Code;
• by a political subdivision of this state, a state agency of this state, or an
entity of the federal government; or
• under an interlocal contract for cooperative purchasing administered by a
regional planning commission established under Chapter 391;
Services performed by blind or severely disabled persons;
Goods purchased by a municipality for subsequent retail sale by the municipality;
Electricity; or
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Advertising, other than legal notices.
Please provide details and facts to explain why you believe the exemption applies to the
purchase. You may also attach documentation to this form.
NA
Section 3: Claimed Sole -Source Exemption and Justification
NOTE - For any non -sole -source exemption, complete Section 2.
Please indicate the sole -source exemption you believe applies to the purchase and provide
information to support its applicability. Please refer to the Exemption Primer for detailed
information about common exemptions
X *A procurement of items that are available from only one source, including:
• items that are available from only one source because of patents, copyrights,
secret processes, or natural monopolies;
• films, manuscripts, or books;
• gas, water, and other utility services;
• captive replacement parts or components for equipment;
• books, papers, and other library materials for a public library that are
available only from the persons holding exclusive distribution rights to the
materials; and
• management services provided by a nonprofit organization to a municipal
museum, park, zoo, or other facility to which the organization has provided
significant financial or other benefits;
How did you determine that the item or service is only available from one source?
Esri (vendor) provided a sole source letter stating they are the sole provider of Esri products and
related maintenance services. Reseller opportunities are only available in the State of California.
Attach screenshots and provide an explanation of any independent research you conducted,
through internet searches, searching cooperatives, or discussions with others knowledgeable on
the subject matter that corroborate that the item is available only from a single source.
Vendor stated that they no longer held a cooperative contract (Previously they held a DIR
cooperative contract.) I confirmed this by searching the DIR website.
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Did you attach a sole source justification letter? X yes no
Describe the uniqueness of the item or service (e.g. compatibility or patent issues, etc.).
The GIS system in place is used by several departments including ITS, Water, and Planning &
Data Analytics. The departments would not be able to perform their daily tasks without the
system. No other vendor can provide support and maintenance for the system.
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Section 4: Attorney Determination
With the facts provided by the department, is the use of the claimed exemption defensible if the
City were to be challenged on this purchase? V/ Yes No.
Was there anything attached to this form that was relied on in making this determination?
Yes No.
If yes, please explain: Sole Source letter, dated 1/4/21
Was there anything not included on this form or attached hereto that was relied on in making this
determination? Yes V No.
If yes, please explain:
Will the standard terms and conditions apply?
Will the contract require special terms?
Will the contract require review by the department attorney?
Approved By:
*'f w UJ
Date:
T or Paris / Jessika Williams
Assistant City Attorney
V/ Yes No.
Yes V No.
Yes No.
6/23/21
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