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HomeMy WebLinkAboutContract 58540-A1R1FIRST AMENDMENT AND FIRST RENEWAL TO CSC No. 58540-A 1 R 1 FORT WORTH CITY SECRETARY CONTRACT NO. 58540 This First Amendment and First Renewal to City Secretary Contract No. 58540 ("First Amendment and First Renewal") is entered into by and between the City of Fort Worth ("City"), a Texas municipal corporation, and Environmental Systems Rese arch Institute, Inc. ("Esri" or "Vendor"). City and Vendor are each individually referred to herein as a "party" and collectively referred to as the "parties." WHEREAS, on October 1, 2022, the parties entered into City Secretary Contract No. 58540 for Vendor to provide ArcGIS Software Products to the City ("Agreement"); WHEREAS, the current term of the Agreement expires December 4, 2025; WHEREAS, M&C 22-0939 authorized two additional one-year renewal options under the Agreement; WHEREAS, the parties wish to renew the Agreement for an additional one-year renewal term beginning October 1, 2025, and ending September 30, 2026 in alignment with the subscription term. WHEREAS, the parties also wish to administratively increase the annual contract amount by $50,000.00 for a revised annual contract amount not to exceed $900,000.00. NOW, THEREFORE, the parties, acting herein by the through their duly authorized representatives, enter into the following agreement: 1. AMENDMENTS 1.The Agreement is hereby amended to revise the term dates to align with the subscription term, beginning on October 1, 2025 and ending on September 30, 2026. 2.The Agreement is hereby amended to increase the annual contract amount by $50,000.00 for a revised annual contract amount not to exceed $900,000.00. 3.The Agreement is hereby amended to include Exhibit A -Esri Amendment, attached hereto and made a part of this First Amendment and First Renewal. 2. RENEWALS 1.The Agreement is hereby renewed for a one-year renewal term to begin October 1, 2025 and end September 30, 2026, with pricing in accordance with Exhibit A -Esri Amendment. First Amendment and First Renewal to Fort Worth City Secretary Contract No. 58540 Page 1 of4 3. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. 4. ELECTRONIC SIGNATURE This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as anoriginal. [Signature Page Follows] First Amendment and First Renewal to Fort Worth City Secretary Contract No. 58540 Page 2 of 4 ACCEPTED AND AGREED: CITY OF FORT WORTH: By: D�no (Jul 25, 202514:37:44 CDT) Name: Dianna Giordano Title: Assistant City Manager Date: 07/25/2025 APPROVAL RECOMMENDED: By: Name: Kevin Gunn Title: Director, IT Solutions Department ATTEST: By: Name: Jannette Goodall Title: City Secretary VENDOR: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Steven Vandever (Jul 15, 202514:24 CDT) Name: Steven Vandever Title: Sr. IT Solutions Manager APPROVED AS TO FORM AND LEGALITY: By: Name: Hye Won Kim Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 22-0939 Approval Date: 11/29/2022 Form 1295: 2022-945152 Environmental Systems Research Institute, ATTEST: Inc. By: Annt!i:j!,,Lll4,202515:llPOTl Name: Annette Kazandjian Title: Managing Business Attorney Date: Jul 14, 202s By: Name: Alejandra Merino Title: Sr. Manager, International Contracts First Amendment and First Renewal to Fort Worth City Secretary Contract No. 58540 Page 3 of 4 Exhibit A Esri Amendment (Attached) First Amendment and First Renewal to Fort Worth City Secretary Contract No. 58540 Page 4 of 4 Amendment No. 1 Agreement No. 00310002.0 es r i � OFENCE WHERE' This Amendment No. 1 is entered into by and between City of Fort Worth ("City"), and Environmental Systems Research Institute, Inc. ("Esri"). WHEREAS, Esri and City entered into an Enterprise Agreement with an effective date of October 1, 2022 (hereinafter "EA" or "AgreemenY'); and WHEREAS, the parties desire to amend the Agreement to extend the term for an additional one (1) year from October 1, 2025, through September 30, 2026 ("A1 Renewal Term") and update applicable language and appendices; NOW THEREFORE, the parties agree to the following: 1. The parties understand Master Agreement No. 00277310.0 (CSC No. 55200) expired on January 24, 2023. The parties agree to restate the terms of Master Agreement No. 00277310.0 (CSC No. 55200) specifically for this Agreement and it shall be effective and govern during the A1 Renewal Term. 2. Article 7.1 Term. The term of this Agreement is extended for an additional one (1) year from October 1, 2025, through September 30, 2026, unless this Agreement is terminated earlier as provided therein. 3. Delete and replace Appendix B EA Fee Schedule with the attached Appendix B EA Fee Schedule, which shall supersede and apply during the A1 Renewal Term. Except as may be specifically modified by this Amendment No. 1, all other terms and conditions of the Agreement and any Amendment(s) or Addendum(s) constitute the entire agreement between the parties and supersede all prior and contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the date of the last party to sign below. ACCEPTED AND AGREED: CITY OF FORT WORTH (City) B�I, Di�o(Ju125,20251437:44CDTJ Authorized Signature Pr;nted Name: Dianna Giordano T;t,e: Assistant City Manager Title:�anagingBusinessAttorney �ate: 07/25/2025 Date: �ul 14, Zo25 00310002.1 Page 1 of 2 ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. (Esri) A ,�/ 7d /�ON6�W1/� By: Annette Kaza Ijian Ju114,2025li:11 PDT) Authorized Signature Printed Name: Annette Kazandjian 5/13/2025 TA APPENDIX B EA FEE SCHEDULE The EA Fee is $900,000. The EA Fee is in consideration of the EA Products, EA Maintenance, Esri User Conference registrations, Advantage Program, Premium Support Services, and Esri Training Pass. Term 1 EA Fee 10/1 /2025 — 9/30/2026 $900,000 $900,000 Number of Esri User Conference Registrations per Year 40 Number of Tier 1 Help Desk Callers That May Contact Esri for Tier 2 Support 10 Number of Sets of Backup Media, if Requested 2 150 Technical Advisor Hours per Year 200 Learning and Services Credits per Year Advantage Program (AP) 1 Annual Subscription 3 Authorized Callers Esri Premium Support Services (PSS) Uncapped Number of Incidents Term 1: 25 Training Pass Days Esri Training Pass One (1) Year Term of EA 10/1/2025 — 9/30/2026 00310002.1 Page 2 of 2 5/13/2025 TA A - 1 - Enterprise Agreement Final Audit Report 2025-07-15 Created: 2025-07-14 By: Thomas Amrine (tamrine@esri.com) Status: Signed Transaction ID: CBJCHBCAABAAHCyOIpNLPjCKtkQpladro9iDODtNQU73 "A - 1 - Enterprise Agreement" History �: Document created by Thomas Amrine (tamrine@esri.com) 2025-07-14 - 7:59:48 PM GMT- IP address: 155.226.129.248 Document emailed to Annette Kazandjian (akazandjian@esri.com) for signature 2025-07-14 - 8:00:56 PM GMT `: Email viewed by Annette Kazandjian (akazandjian@esri.com) 2025-07-14 - 10:11:02 PM GMT- IP address: 207.213.21.13 ��:: Document e-signed by Annette Kazandjian (akazandjian@esri.com) Signature Date: 2025-07-14 - 10:11:48 PM GMT - Time Source: server- IP address: 207.213.21.13 Document emailed to Sandra Merino (smerino@esri.com) for signature 2025-07-14 - 10:11:49 PM GMT Email viewed by Sandra Merino (smerino@esri.com) 2025-07-15 - 0:12:51 AM GMT- IP address: 104.47.51.126 :"E� Signer Sandra Merino (smerino@esri.com) entered name at signing as Alejandra Merino 2025-07-15 - 0:13:08 AM GMT- IP address: 12.235.16.3 ��:: Document e-signed by Alejandra Merino (smerino@esri.com) Signature Date: 2025-07-15 - 0:13:10 AM GMT - Time Source: server- IP address: 12.235.16.3 �' Agreement completed. 2025-07-15 - 0:13:10 AM GMT � Adabe Acraha# Sign M&C Review CITY COUNCIL AGENDA Create New From This M&C Page 1 of 2 Official site of the City of Fort Worth, Texas �ORT�'4'ORTII -�� REFERENCE **M&C 22- 04ENVIRONMENTAL SYSTEMS DATE: 11/29/2022 NO.: 0939 LOG NAME: RESEARCH INSTITUTE ENTERPRISE AGREEMNT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize a Sole Source Consolidated Enterprise Agreement with Environmental Systems Research Institute, Inc. for a Three-Year Term in the Amount of $2,550,000.00 and Authorize Two One-Year Renewal Options for the Information Technology Solutions Department and the Water Department RECOMMENDATION: It is recommended that City Council authorize a sole source consolidated Enterprise Agreement with Environmental Systems Research Institute, Inc. for a three-year term in the amount of $2,550,000.00 and authorize two one-year renewal options for the Information Technology Solutions Department and the Water Department. DISCUSSION: The Environmental Systems Research Institute, Inc. (ESRI) Enterprise License Agreement will replace the current separate Information Technology Solutions Department (ITS) and Water Department contracts and consolidate them into a single contract. This new contract will continue to provide all current products as well as offer new modules, applications, extensions, and issue unique named- user licenses for the City. A few of the new software products included are ArcGIS Monitor, ArcGIS Urban, ArcGIS Enterprise, Site Scan for Drones, ArcGIS Workflow Manager, ArcGIS Tracker, ArcGIS Business Analyst, ArcGIS Roads & Highways Enterprise, ArcGIS Indoors, ArcGIS Notebook Server, and ArcGIS Hub Premium. This licensing framework is necessary for the deployment of ESRI's Enterprise platForm. The new platform will allow the City to have a centralized intranet for web maps, and ArcGIS Hub Premium to allow a centralized internet site for web maps and data download. Water requires the new ESRI framework to upgrade its infrastructure network to ArcGIS Utility Network Management Enterprise. This transition will allow the City to visualize assets spatially and temporally, and perform analysis across all utility types. The advanced analysis from this software will assist the Water Department in calculating infrastructure at risk, provide better quality control workflows, and drive better decision-making with high-quality data. The contract will have a defined rate for three years at $850,000.00 per year, and year four will allow for negotiations to the provided applications and services. DVIN: A waiver of the goal for Business Equity subcontracting requirements was requested, and approved by the DVIN, in accordance with the applicable Ordinance, because the waiver request is based on the sole source information provided. AGREEMENT TERM — Upon City Council's approval, the consolidated Enterprise Agreement for IT Solutions Department and the Water Department will become effective upon execution and expire thirty-six (36) months following. ADMINISTRATIVE CHANGE ORDER — An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. http://apps.cfwnet.org/council�acket/mc review.asp?ID=30491&councildate=ll/29/2022 11/30/2022 M&C Review Page 2 of 2 RENEWAL OPTIONS — After the initial three-year term, the Agreement may be renewed for up to two (2) additional 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. Funding is budgeted in the Other Contractual Services account within the Info Technology Systems Fund, in the FY23 ITS ESRI Agreement project within the ITS Capital Fund and in the Software Licenses account within the Water & Sewer Fund, as appropriated. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital & operating budgets, as previously appropriated, in the ITS Capital Fund for the FY23 ITS ESRI Agreement project and in the Info Technology Systems and Water & Sewer Funds to support the approval of the above recommendation and execution of the agreement. Prior to an expenditure being incurred, the Information Technology Solutions and Water Departments have the responsibility to validate the availability of funds. TO CFund Department Account Project I Program Activity Budget Reference # Amount ' ID ' ID � ' Year ' (Chartfield 2) Fund Department Account Project Program Activity Budget Reference # Amount ID ID � Year (Chartfield 2) I Submitted for Citv Manaqer's Office bv: Oriqinatinq Department Head: Additional Information Contact: Valerie Washington (6192) Kevin Gunn (2015) Kevin Gunn (2015) Mark Deboer (8598) ATTACHMENTS 04ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE ENTERPRISE AGREEMNT funds availabilitv.pdf (CFW Internal) ESRI DVIN Waiver 10-7-2022.pdf (CFW Internal) ESRI Form 1295 10-2022.pdf (CFW Internal) FID Tabel ESRI EA 10-26.xlsx (CFW Internal) http://apps.cfwnet.org/council�acket/mc review.asp?ID=30491&councildate=ll/29/2022 11/30/2022