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Home My WebLink About2024-10-08; City Council; Resolution 2024-223RESOLUTION NO. 2024-223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR DESIGN EE TO EXECUTE AMENDMENT NO. 1 TO THE EXISTING TWO-YEAR AGREEMENT WITH ESRI, INC. FOR THE EXPANSION OF THE ESRI ENTERPRISE ADVANTAGE PROGRAM SUBSCRIPTION ENDING NOVEMBER 28, 2025, FOR A NEW NOT-TO-EXCEED AMOUNT OF $696,500 WHEREAS, the City of Carlsbad uses a number of ESRI, Inc. products and services, which it currently purchases under the ESRI Master Subscription Agreement, which was approved by City Council {Resolution No. 2000-130); and WHEREAS, since 2018, the city has maintained a subscription tq the ESRI En_terprise Advantage Program, allowing the city to fully utilize its ESRI, Inc. products and services; and WHEREAS, on Aug. 22, 2023, the city entered into its most recent two-year agreement with ESRI, Inc. for the Enterprise Advantage Program for a total cost of $337,400 ("Agreement") (Resolution No. 2023-225); and WHEREAS, Resolution No. 2023-225 incorrectly identified the Agreement expiration date as Aug.31,2025;and WHEREAS, Amendment No. 1 to the Agreement correctly identifies the Agreement expiration date as November 28, 2025, and clarifies the Agreement term as November 29, 2023 -November 28, 2025;and WHEREAS, Amendment No. 1 also provides for the purchase of 525 Learning and Service Credits in an amount of $359,100 (Attachment A) for Fiscal Year 2024-2025; and WHEREAS, the new total cost of the Agreement will not exceed $696,500; and WHEREAS, the budget to procure the Amendment No. 1 payment for the expansion of the subscription agreement is available in the Strategic Digital Transformation Investment Program ("SDTIP") project funds; and WHEREAS, the funding for the subscription's future years will be considered on an annual basis in the Information Technology Department's annual budget requests. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2 . That the City Manager, or designee, is authorized to execute Amendment No. 1 (Attachment A) to the Agreement with ESRI, Inc., which corrects the Agreement expiration date to Aug. 31, 2025, clarifies the Agreement term as November 29, 2023 -November 28, 2025, and provides for the expansion of the ESRI Enterprise Advantage Program at a cost of $359,100 with a new not-to-exceed Agreement total of $696,500. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8th day of October, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA. NONE. NONE. NONE. KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) (k Docusign Envelope ID: 4D2E6617-F3BE-425E-A4AB-D615F5FC1389 Amendment I to Agreement No. 00322748.0 Attachment A AMENDMENT NO. l FOR ESRJ AD VANT AGE PROGRAM This AMENDMENT is made and entered into as of the date fully executed by and between the City of Carlsbad ("City") and Environmental Systems Research Institute, Inc. ("Esri") (collectively, "the Parties") and amends the Agreement. RECITALS WHEREAS, the Parties entered into Agreement No. 00322748.0 ("Agreement") for the Advantage Program in the amount of $337,400 per Esri Quote Q-502781 , dated August 7, 2023 (Resolution No. 2023-225); and WHEREAS, Resolution No. 2023-225 incorrectly identified the Agreement end date as August 31, 2025; and WHEREAS, the Parties desire to correctly identify the Agreement end date as November 28, 2025, and clarify the Agreement tenn as November 29, 2023 -November 28, 2025 with this Amendment No. I; and WHEREAS, the Parties also desire to amend the Agreement with this Amendment No. I to purchase an additional 525 Learning and Services Credits as quoted in Q-519027, dated August 14, 2024, which is attached hereto as Attachment I. NOW THEREFORE, the Parties agree as follows: AMENDMENT TO AGREEMENT I . The price for the additional 525 Learning and Services Credits is $359,100. The total cost of the Agreement is amended not to exceed $696,500.00. 2. 375 Learning and Services credits will be applied towards Cartegraph support. 150 Learning ervices Credits will be applied towards Open Data Apps and lnhiatives. Signature: --1.----,,,,L:..-~:::.._ ___ _ Printed Name:~ (:.H4t)C)\C,~ Title: e,_l\'y' "1A~&E:.IZ Date: \ \ PCf 2.4 APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: 4~Ji~ Deputy City Attorney ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. (Esri) Signature: Sf~ &fw/U,\, Printed Name: 5tacy McEwan ---------- Title: Assoc Di rector, PS contracts 10/2/2024 Date: _____________ _ ATTEST SHERRY FRE'.S_tN~ER, City Clerk By:fb-~ ~ Deputy City Clerk Docusign Envelope ID: 4D2E66! 7-F3BE-425E-A4AB-D615F5FC13B9 00322748.0 Attachment 1 THE SCIENCE OF WHEIIE" Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 DUNS Number: 06-313-4175 CAGE Code: 0AMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 4/1/2024 To: 9/28/2024 Cartegraph Support Material 97720 Qty 3 Tenn Year1 Quotation # Q-519027 Date: August 14, 2024 Customer# 1697 Contract# City of Carlsbad Innovation and Economic Development 1635 Faraday Ave Carlsbad, CA 92008-7314 ATTENTION: June Acosta PHONE: (760) 602-2433 EMAIL: june.acosta@carlsbadca.gov Unit Price $68,400.00 Total $205,200.00 Esri Advantage Program: Additional 100 Learning and Service Credits. This product cannot be purchased without an existing Advantage Program subscription. 103032 Year1 $34,200.00 $34,200.00 Esri Advantage Program: Additional 50 Learning and Service Credits:·This product cannot be purchased without an existing Advantage Program subscription. 187082 Year1 $17,100.00 $17,100.00 Esri Advantage Program: Additional 25 Learning and Service Credits. This product cannot be purchased without an existing Advantage Program subscription. Open Data Apps and Initiatives Material 97720 Qty Tenn Year 1 Unit Price $68,400.00 Total $68,400.00 Esri Advantage Program: Additional 100 Learning and Service Credits. This product cannot be purchased without an existing Advantage Program subscription. 103032 Year1 $34,200.00 Esri may charge a fee to cover expenses refated to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Natalie Carter Email: ncarter@esri.com Phone: (909) 793-2853 x7419 $34,200.00 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 https://assets.esri.com/contenUdam/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 https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US 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 https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US 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 pul]_ose 't)(ith_Qut_cqnsent from Esri. Delivery is FOB Origin for customers located in the USA. , _ ---• -1 .___ ""b .._ V V J CARTERN This offer is limited to the terms and conditions incorporated and attached herein. Docusign Envelope ID: 4D2E6617-F3BE-425E-A4AB-D615F5FC13B9 . ····-··-···-··-. ~-. ·.:,·--···-··- No. 00322748.0 Attachment 1 • • 1 THE esr.-:.::::~ Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 DUNS Number: 06-313-4175 CAGE Code: 0AMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 411/2024 To: 9/28/2024 Material Qty Tenn Quotation # Q-519027 Date: August 14, 2024 Customer# 1697 Contract# City of Carlsbad Innovation and Economic Development 1635 Faraday Ave Carlsbad, CA 92008-7314 ATTENTION: June Acosta PHONE: (760) 602-2433 EMAIL: june.acosta@carlsbadca.gov Unit Price Total Esri Advantage Program: Additional 50 Learning and Service Credits. This product cannot be purchased without an existing Advantage Program subscription. Subtotal: Sales Tax: Estimated Shipping and Handling (2 Day Delivery): Contract Price Adjust: Total: Subject to existing agreement# 00322748.0 Orginal Agree.ment -August 7, 2023 Amendment No. 1 Total Agreement 1. An additional four (4) units of Material# 97720 -Additional 100 Learning and Services Credits is added at a Unit Price of $68,400 (Standard 2024 Rate). 2. An additional (2) units of Material # 103032 -Additional 50 Learning and Services Credits is added at a Unit Price of $34,200 (Standard 2024 Rate). 3. An additional (1) unit of Material# 187082 -Additional 25 Learning and Services is added at a Unit Price of $17,100 (Standard 2024 Rate). 4. The Total Cost of the Agreement is amended to not exceed $696,500. $359,100.00 $0.00 $0.00 $0.00 $359,100.00 $337,400.00 359,100.00 $696,500.00 Payment for the additional Credits is due within thirty (30) days upon execution of this Amendment 1 to Q-502781 . All other terms and conditions remain the same Esri may charge a fee to cover expenses related to any customer requirement to use a prop<ietary vendor management, procurement, or invoice program For questions contact: Natalie Carter Email: ncarter@esri.com Phone: (909) 793-2853 x7419 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 https://assets.esri.com/content/dam/esrisites/media/leqal/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 https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US 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 https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US 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 pur.12ose ~th.211.tsonsent from Esri. Delivery is FOB Origin for customers located in the USA. ,_ _ \,J',._,\.o u, '---IL'-TTl TT.J -. UF,'-.JV .J CARTERN This offer is limited to the terms and conditions incorporated and attached herein.