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HomeMy WebLinkAboutContract 61992-A1R1CSC No. 61992-AlR1 FIRST AMENDMENT AND FIRST RENEWAL TO CITY OF FORT WORTH CONTRACT 61992 This First Amendment and First Renewal to City Secretary Contract No. 61992 ("First Amendment and First Renewal") is entered by and between the City of Fort Worth ("City"), a home rule municipality, with its principal place of business at 100 Fort Worth Trail, Fort Worth, Texas, and Environmental Systems Research Institute, Inc., a California corporation ("ESRI" or "Vendor"). City and Vendor are each individually referred to herein as a "party" and collectively referred to as the "parties." WHEREAS, on July 18, 2022, Vendor and the Texas Department of Information Resources entered into that certain agreement known as DIR-CPO-4699 (the "Underlying Cooperative Agreement"), which contained an initial term and one optional two-year renewal term and one additional one-year renewal term; and WHEREAS, on September 16, 2024, the parties entered into City Secretary Contract No. 61992 ("Agreement") for ESRI to provide City with its ESRI Advantage and Workflow Manager Subscriptions; and WHEREAS, the current term of the Agreement expires on September 15, 2025; and WHEREAS, the parties wish to amend the Agreement to align the renewal dates to match the Underlying Cooperative Agreement; and WHEREAS, the parties further wish to renew the Agreement for an additional one-year term, with pricing in accordance to Exhibit A-1, ESRI Renewal Quotation #26299563; and 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 align the term of the Agreement with the Underlying Cooperative Contract with the renewal term commencing on July 19, 2025 and expiring on July 18, 2026. 2. This Agreement is hereby amended to include Exhibit A-1, ESRI Renewal Quotation No. 26299563, attached hereto to this First Amendment and First Renewal. 3. The Agreement is hereby amended to include Exhibit D, Texas DIR-CPO-4699 Customer Addendum to Purchase Order (the "LOL Addendum"), attached hereto to this First Amendment and First Renewal 4. The total annual amount of the Agreement will remain at an amount not to exceed OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX $100,000.00 2. RENEWALS 1. The Agreement is hereby renewed for a one-year renewal term which shall begin on July 19, 2025 and end on July 18, 2026. 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] ACCEPTED AND AGREED: CITY OF FORT WORTH: By: DianTia Giordano (Sep 2, 202517:28:45 CDT) Name: Dianna Giordano Title: Assistant City Manager Date: 09/02/2025 APPROVAL RECOMMENDED: By: �� G Name: Kevin Gunn Title: Director, IT Solutions Department ATTEST: a Fo!+.o �a P�� 0 000 ,e�YO9�dd /.g OPQ * o00 0 By: g*�d Kat�&4m4, �uce2m aaa4 nezASaab Name: Jannette Goodall Title: City Secretary VENDOR: Environmental Systems Institute, Inc By: �_, Name: Annette Kazandjian Title: Managing Business Attorney Date: Aug 25, 2025 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 Steven Van 202508:53:07 CDT) Name: Steven Vandever Title: Sr. IT Solutions Manager APPROVED AS TO FORM AND LEGALITY: By: -M, -X lja, .'ff7 Name: M. Kevin Anders, II Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: N/A Approval Date: N/A Form 1295: N/A Research ATTEST: By: Name: Alejandra Merino Title: Sr. Manager, International Contracts OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit A-1 ESRI Renewal Quotation No. 26299563 (Attached) • Esri Inc ­3 esn 380 New York Street Redlands CA 92373 Subject: Renewal Quotation Date: 08/06/2025 To: Natalie Watkins Organization: City of Fort Worth Information Technology Solutions Dept Fax #: 817-392-2404 Phone #: 817-392-5883 From: Francisco L Mejia Fax #: Phone #: + 19093694281 Ext. 4281 Email: finejia@esri.com Number of pages transmitted Quotation #26299563 (including this cover sheet): 3 Document Date: 08/06/2025 Please find the attached quotation for your forthcoming term. Keeping your term current may entitle you to exclusive benefits, and if you choose to discontinue your coverage, you will become ineligible for these valuable benefits and services. If your quote is regarding software maintenance renewal, visit the following website for details regarding the maintenance program benefits at your licensing level http://www.esri.com/apps/products/maintenance/qualifying.cfm All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate your coverage at a later date. Please note: Certain programs and license types may have varying benefits. Complimentary User Conference registrations, software support, and software and data updates are not included in all programs. Customers who have multiple copies of certain Esri licenses may have the option of supporting some of their licenses with secondary maintenance. For information about the terms of use for Esri products as well as purchase order terms and conditions, please visit http://www.esri.com/legal/licensing/software-license.html If you have any questions or need additional information, please contact Customer Service at 888-377-4575 option 5. • esn®380 New York Street Redlands, CA 92373 0 Phone:+ 190936942814281 Date: 08/06/2025 Quotation Number: 26299563 City of Fort Worth Information Technology Solutions De GIS Div 200 Texas St Fort Worth TX 76102-6314 Attn: Natalie Watkins Email: Natalie.Watkins@fortworthtexas.gov Customer Number: 106671 For questions regarding this document, please contact Customer Service at 888-377-4575. Quotation Contract Number: 00298018.1 Send Purchase Orders To: Environmental Systems Research Institute, Inc. 380 New York Street Redlands, CA 92373-8100 Attn: Francisco L Mejia Please include the following remittance address on your Purchase Order: Environmental Systems Research Institute, Inc. P.O. Box 741076 Los Angeles, CA 90074-1076 Item Qty Material# Unit Price Extended Price Subject to terms and conditions of State of Texas DIR-GPO-4699 10 1 177558 17,439.83 17,439.83 ArcGIS Workflow Manager Server Advanced Up to Four Cores Annual Subscription Start Date: 09/26/2025 End Date: 09/25/2026 Item Subtotal 17,439.83 Estimated Tax 0.00 Total USD 17,439.83 DUNS/CEC:06-313-4175 CAGE:OAMS3 Please note Esri has introduced a price change and this quote reflects current pricing for your organization. It is important to us that we are able to continue to deliver value through enhancements to products, solutions, and capabilities. Your renewal provides access to all the benefits you are familiar with, which you can review at https://go.esri.com/maintenance For questions related to the price change, please reach out to your assigned Esri Account Manager. Quotation is valid for 90 days from document date. Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. Esri reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. To expedite your order, please reference your customer number and this quotation number on your purchase order. 380 New York Street esn °Redlands, CA 92373 OPhone: + 190936942814281 Date: 08/06/2025 Quotation No: 26299563 Item Qty Material# Quotation Page 2 Customer No: 106671 Contract No: 00298018.1 Unit Price Extended Price Renew online by using a credit card, purchase order, or by requesting an invoice at https://www.esri.com/en-us/quote-order/renew. If there are any changes required to your quotation please respond to this email and indicate any changes in your invoice authorization. If you choose to discontinue your support, you will become ineligible for support benefits and services. All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate your support coverage at a later date. 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 http://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf , and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri's standard terms and conditions found at http://assets.esri.com/content/dam/esrisites/media/legal/ma-full/ma-ful1.pdf 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 Esri's GSA Federal Supply Schedule. Supplemental terms and conditions found at http://www.esri.com/en-us/legal/terms/state-supplemental apply to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's offerings. Acceptance of this quotation is limited to the terms of this 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 purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin. In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g. MPA, EA, GSA, BPA) on your ordering document. Exhibit D Texas DIR-CPO-4699 Customer Addendum to Purchase Order (the "LOL Addendum") (Attached) OiTHE �sSCIENCE OF WHERE Texas DIR-CPO-4699 Customer Addendum to Purchase Order (the "LOL Addendum") Pursuant to Section 12(c) of DIR Contract No. DIR-CPO-4699 (the "DIR Contract"), Environmental Systems Research Institute, Inc. ("Esri" or "Successful Respondent") and the State of Texas, acting by and through the Department of Information Resources ("DIR") have agreed to authorized exceptions to Section 10.12 ("Limitation of Liability") of Appendix A to the DIR Contract. WHEREAS, Esri and DIR have agreed Esri and a Customer may include in a Purchase Order a term limiting Esri's liability to Customer for damages in any claim or cause of action arising under or related to such Purchase Order and to limit Esri's liability to Customer for indemnification requirements under Section 10.1.1(A)(iii) of the DIR Contract, provided such terms may only be valid if stated on a standalone page signed by both parties and attached to or incorporated by reference into the corresponding Purchase Order; and WHEREAS, Customer is procuring Esri Offerings or Services from Esri under the DIR Contract as a Customer and the parties wish to further limit Esri's liability to the Purchase Order this LOL Addendum is attached to or referenced therein; NOW THEREFORE, the parties agree to the following: 1. Successful Respondent's liability for damages in any claim or cause of action arising under or related to the Purchase Order shall not exceed two-times the total value of the Purchase Order. Such value includes all amounts paid and amounts to be paid over the life of the Purchase Order to Successful Respondent by such Customer as described in the Purchase Order. Notwithstanding the foregoing or anything to the contrary herein, any limitation of Successful Respondent's liability contained herein shall not apply to: claims of bodily injury; violation of intellectual property rights including but not limited to patent, trademark, or copyright infringement; indemnification requirements under the DIR Contract, except as allowed by subsection 10.12(D) of the DIR Contract; and violation of State or Federal law including but not limited to disclosures of confidential information and any penalty of any kind lawfully assessed as a result of such violation. Successful Respondent's liability to for damages in any claim or cause of action arising under or related to the Purchase Order for indemnification requirements under Section 10.1.1(A)(iii) of the DIR Contract shall not exceed (i) $1 million or (ii) two-times the total value of the Purchase Order, whichever is greater. Such limitation shall be distinct and calculated separately from any limitation included pursuant to Section 10.12(B) of the DIR Contract. CUSTOMER HAS CONSULTED WITH LEGAL COUNSEL AND CAREFULLY CONSIDERED POTENTIAL RISKS ASSOCIATED WITH A DATA BREACH TO DETERMINE LIMITATIONS APPROPRIATE FOR THIS PURCHASE ORDER. 4. The term of this LOL Addendum will commence on the final signature date between the parties below and shall remain in effect until the expiration or termination of the DIR Contract. [INTENTIONAL BLANK] G-682 Page 1 of 2 August 1, 2023 The parties may sign this LOL Addendum in counterparts or via electronic signatures; such execution is valid even if an original paper document bearing both parties' original signatures is not delivered. This LOL Addendum is executed and effective as of the date of Customer signature below. The authorized representatives of each party accept and agree to the terms of this LOL Addendum by signing below: Accepted and Agreed: City of Fort Worth ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. (Customer) (Esri) 41 i� o (Sep 2, 2025 17:28:45 CDT) By: DiannaGiordano By: Dianna Giordano U Printed Name: Printed Name: Tamisa Greening Title: Assistant City Manager Title: Director, Contracts and Legal 09/02/2025 Date: G-682 Page 2 of 2 August 1, 2023 CSC 61992-A1 R1 to route Final Audit Report 2025-08-26 Created: 2025-08-25 By: Thomas Amrine (tamrine@esri.com) Status: Signed Transaction ID: CBJCHBCAABAAGfoQVONydmuC3S3GBiBYz4bnZiUOZTeH "CSC 61992-A1 R1 to route" History Document created by Thomas Amrine (tamrine@esri.com) 2025-08-25 - 7:09:40 PM GMT- IP address: 134.238.161.167 Document emailed to Annette Kazandjian (akazandjian@esri.com) for signature 2025-08-25 - 7:10:56 PM GMT Email viewed by Annette Kazandjian (akazandjian@esri.com) 2025-08-25 - 7:11:05 PM GMT- IP address: 135.232.20.2 Document e-signed by Annette Kazandjian (akazandjian@esri.com) Signature Date: 2025-08-26 - 6:54:46 AM GMT - Time Source: server- IP address: 98.37.165.30 Document emailed to Alejandra Merino (smerino@esri.com) for signature 2025-08-26 - 6:54:47 AM GMT Email viewed by Alejandra Merino (smerino@esri.com) 2025-08-26 - 3:30:22 PM GMT- IP address: 104.47.56.126 Document e-signed by Alejandra Merino (smerino@esri.com) Signature Date: 2025-08-26 - 3:31:52 PM GMT - Time Source: server- IP address: 198.102.58.250 b Agreement completed. 2025-08-26 - 3:31:52 PM GMT a Adobe Acrobat Sign