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HomeMy WebLinkAboutPR 24273: RENEWAL OF THE LICENSE AND MAINTENANCE AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. (ESRI) City of o r t rthu .— Texas www.PortArthurTx.gov DEPARTMENT OF TRANSIT AND EQUIPMENT SERVICES INTEROFFICE MEMORANDUM Date: August 22, 2025 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, CPM, City Manager From: Pamela D. Langford, Assistant City Manager— Operations/Director of Development Services RE: P.R. NO. 24273 — Authorizing the Renewal of the License and Maintenance Agreement with Environmental Systems Research Institute, Inc. (ESRI) Introduction: The purpose of this memorandum is to request the approval of Proposed Resolution No. 24273, authorizing the renewal of the license and maintenance agreement with Environmental Systems Research Institute, Inc. (ESRI) of Redlands, California, for the ARClnfo GIS Software, in the amount of$33,121 .44. Background: Geographic Information System (GIS) software is a critical tool for municipal governments, providing the ability to collect, manage, analyze, and display spatial and geographic data. GIS supports decision-making across multiple City departments by enabling mapping, data visualization, and analysis that directly improve service delivery to residents. Typical municipal uses of GIS include: • Urban Planning & Zoning — analyzing land use, monitoring growth, and ensuring compliance with zoning ordinances. • Infrastructure Management — maintaining and mapping streets, drainage systems, water/sewer lines, and public facilities. • Public Safety — assisting police, fire, and emergency management in route planning, resource deployment, and hazard mitigation. "Remember,vtie are here to serve the Citizens of Port Arthur" P.O. Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 • Community Engagement — providing residents with access to maps, property data, and development information. The City of Port Arthur originally purchased ESRI software in 2009, pursuant to Resolution No. 09-398, to provide a citywide GIS platform. The licensing and service agreement is renewed annually to ensure that the City's GIS software remains functional, updated, and supported. The current agreement is scheduled to expire on October 31, 2025. The licensing and maintenance contract for the Arclnfo GIS Software is being procured in accordance with Chapter 271 of the Texas Local Government Code, which authorizes municipalities, by resolution of their governing body, to participate in cooperative purchasing programs as an alternative to a formal bid process. The City of Port Arthur will obtain its annual license renewal and maintenance agreement for the Arclnfo GIS Software through the State of Texas Department of Information Resources (DIR) Contract No. DIR-CPO-4699. Environmental Systems Research Institute, Inc. (ESRI) will provide the annual licensing and maintenance services under this cooperative agreement in the amount of$33,121.44. Budget Impact: Funding for the renewal of this license and maintenance agreement is available in the GIS Computer Programs Account No: 001-13-029-5450-00-10-000. The cost of the agreement is $33,121.44. Recommendation: It is recommended that the City Council approve Proposed Resolution No. 24273, authorizing the renewal of the license and maintenance agreement with Environmental Systems Research Institute, Inc. (ESRI) in the amount of $33,121.44, authorizing the City Manager to execute all necessary documents. "Remember,we are here to serve the Citizens of Port Arthur" P.O. Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 0 P.R. NO. 24273 08/21/2025 PDL PAGE 1 OF 4 RESOLUTION NO. A RESOLUTION AUTHORIZING THE RENEWAL OF THE LICENSE AND MAINTENANCE AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. (ESRI) OF REDLANDS, CALIFORNIA, FOR THE ARCINFO GIS SOFTWARE THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES CONTRACT NO. DIR- CPO-4699 IN THE AMOUNT OF $33,121.44, FUNDING AVAILABLE IN THE GIS COMPUTER PROGRAMS ACCOUNT NO. 001-13-029-5450-00- 10-000. WHEREAS, Geographic Information System (GIS) software is a critical tool for municipalities, providing mapping, analysis, and data management capabilities that support city planning, development services, public safety, infrastructure management, and decision-making across multiple departments; and WHEREAS, the City of Port Arthur originally purchased Environmental Systems Research Institute, Inc. (ESRI) software in 2009 pursuant to Resolution No. 09-398 to establish a citywide GIS platform for internal use; and WHEREAS, the license and maintenance agreement with ESRI is renewed annually and budgeted as part of the City's operating expenses, with the current software licenses and maintenance agreement scheduled to expire on October 31, 2025; and WHEREAS, Environmental Systems Research Institute, Inc. (ESRI) of Redlands, California, has submitted a proposal to renew the license and maintenance agreement in the amount of$33,121.44 as delineated in Exhibit "A"; and WHEREAS, the Texas Department of Information Resources ("DIR") has established Contract No. DIR-CPO-4699 with ESRI; and WHEREAS, DIR is a cooperative purchasing program for state and local governments; and P.R. NO. 24273 08/21/2025 PDL PAGE 2 OF 4 WHEREAS, Chapter 271 of the Local Government Code allows a city, by resolution of its governing body, to participate in cooperative purchasing programs as an alternative to a formal bid process; and WHEREAS, per Resolution No. 21-004, the City entered into an interlocal agreement for cooperative purchasing with the Texas Department of Information Resources Purchasing Program ("DIR"); and WHEREAS, ESRI will provide an annual license renewal and maintenance agreement for the ARCInfo GIS Software through Contract No. DIR-CPO-4699 in the amount of $33,121.44; and WHEREAS, funding for this expenditure is available in the GIS Computer Programs Account No: 001-13-029-5450-00-10-000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: That the facts and opinions in the preamble are true and correct. That the City Council hereby authorizes the renewal of the license and maintenance agreement with Environmental Systems Research Institute, Inc. (ESRI) of Redlands, California, for the ARCInfo GIS Software through the Texas Department of Information Resources Contract No. DIR-CPO-4699 in the amount of $33,121.44, as delineated in Exhibit "A". That the City Manager is hereby authorized to execute all documents necessary for the renewal of this agreement. That this expenditure shall be charged to GIS Computer Programs Account No: 001- 13-029-5450-00-10-000. P.R. NO. 24273 08/21/2025 PDL PAGE 3 OF 4 That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this the day of September, A.D. 2025, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: COUNCILMEMBERS: Charlotte M. Moses, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney APPROVED F• : ADMINISTRATION: / dbtarA FL . _ Ronald "Ron" Burt• '1, PM, City Manager Pamela D. Langford, CPM, Assistant City Manager-Operations/Director of Development Services APPROVED AS TO THE AVAILABILITY OF FUNDING: Lynr- reo.„_ , (0.J4 La if kr da :oswell, M.A., CMA-CM, Clifto i Williams, Purchasing Manager Director of Finance P.R. NO. 24273 08/21/2025 PDL PAGE 4 OF 4 Exhibit "A" • � ®380 New York St ) I Redlands, CA 92373-8118 Quotation Phone: + 190936939363936 Fax#: 909-307-3083 Date: 08/02/2025 Quotation Number: 26297224 Contract Number: 00298018.1 Send Purchase Orders To: Environmental Systems Research Institute, Inc. 380 New York Street Redlands, CA 92373-8100 City of Port Arthur Attn: Barbara Lynn Walker Community Development Please include the following remittance address 444 4th St on your Purchase Order: Port Arthur TX 77640-6450 Environmental Systems Research Institute, Inc. Attn: Fay Young P.O. Box 741076 Email: fay.young@portarthurtx.gov Los Angeles, CA 90074-1076 Phone: 409-983-8259 Customer Number: 216405 For questions regarding this document, please contact Customer Service at 888-377-4575. Item Qty Material# Unit Price Extended Price Subject to terms and conditions of State of Texas DIR-CPO-4699 10 1 52384 3,501 .06 3,501.06 ArcGIS Desktop Advanced Concurrent Use Primary Maintenance Start Date: 11/01/2025 End Date: 10/31/2026 Subscription ID: 8160229338 1010 1 52385 1,410.50 1,410.50 ArcGIS Desktop Advanced Concurrent Use Secondary Maintenance Start Date: 11/01/2025 End Date: 10/31/2026 Subscription ID: 8160229338 2010 1 87194 816.08 816.08 ArcGIS Desktop Basic Concurrent Use Primary Maintenance Start Date: 11/01/2025 End Date: 10/31/2026 Subscription ID: 8160229338 3010 3 87195 584.35 1,753.05 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 St Quotation • - ® Redlands, CA 92373-8118 esn Phone: + 190936939363936 Page 2 Fax#: 909-307-3083 Date: 08/02/2025 Quotation Number: 26297224 Contract Number: 00298018.1 Item Qty Material# Unit Price Extended Price ArcGIS Desktop Basic Concurrent Use Secondary Maintenance Start Date: 11/01/2025 End Date: 10/31/2026 Subscription ID: 8160229338 4010 50 154321 393.93 19,696.50 ArcGIS Online Creator User Type Annual Subscription (Pre 4.4 Pricing) Start Date: 11/01/2025 End Date: 10/31/2026 Subscription ID: 8160229338 5010 1 161328 5,944.25 5,944.25 ArcGIS Enterprise Standard Up to Four Cores Maintenance Start Date: 11/01/2025 End Date: 10/31/2026 Item Subtotal 33,121 .44 Estimated Tax 0.00 Total USD 33,121.44 DUNS/CEC: 06-313-4175 CAGE: OAMS3 --� 380 New York St Quotationje . ® Redlands, CA 92373 8118 ' Phone: + 190936939363936 Page 3 �,__,e Fax#: 909-307-3083 Date: 08/02/2025 Quotation No: 26297224 Customer No: 216405 Contract No: 00298018.1 Item Qty Material# 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-full.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. M PA, EA, GSA, BPA) on your ordering document. (t" a s r i THE 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. 2. 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. 3. 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 PORT ARTHUR, a municipal ENVIRONMENTAL SYSTEMS corporation RESEARCH INSTITUTE, INC. (Customer) (Esri)(� By: By: l ar.e:���"9�" Printed Name: Ronald"Ron" Burton Printed Name: Tamisa Greening Title: City Manager Title: Director, Contracts and Legal Date: G-682 Page 2 of 2 August 1,2023