HomeMy WebLinkAboutCOTS SOFTWARE (ESRI) $10,010 IMPLEMENTATION SERVICES TIME AND MATERIAL AGREEMENT �.ti s , , .
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V S■ Io IMPLEMENTATION SERVICES
` TIME AND MATERIALS AGREEMENT
Esri, 380 New York St., Redlands, CA 92373-8100 USA • TEL 909-793-2853 • FAX 909-793-5953
1. DEFINITIONS
"Commercial off the Shelf Software" or "COTS Software" means all or any portion of Esri's proprietary software
technology accessed or downloaded from an authorized Esri Web site or delivered on any media in any format, including
backups, updates, service packs, patches, hot fixes, or permitted merged copies, available under license to the general public.
"Services Output" means any tangible output produced as a result of the Services provided by Esri under this Agreement.
Services Output can include, but is not limited to, reports, training materials, and custom software code.
"Map Data" means any digital dataset(s) including geographic, vector data, coordinates, raster, ar associated tabular
attributes supplied by either party for use in the performance of this Agreement.
"Services" means consulting support being performed by Esri on a time and materials hourly basis in exchange for
compensation from the Licensee.
2. RESERVATION OF OWNERSHIP AND GRANT OF LICENSE
Except as specifically granted in this Agreement, Esri or its licensors own and retain all right, title, and interest in Services
Output. Subject to the terms and conditions set forth in this Agreement, Esri hereby grants to Licensee a nonexclusive,
royalty-free, worldwide license to use, modify, and/or reproduce the Services Output in connection with Licensee's
authorized use of the COTS Software.
3. PATENTS AND INVENTIONS
Each party shall retain title to any inventions, innovations, and improvements ("Inventions") made or conceived solely by its
principals, employees, consultants, or independent contractors (hereinafter called "Inventors") during the term of this
Agreement. The parties shall jointly own any Inventions made or conceived jointly by Inventors from both parties.
Except as provided in the next paragraph, where Inventions are jointly owned, each party shall share equally the costs of
acquiring protection for the Inventions and furnish the other joint owner with assistance reasonably required for acquiring
protection.
A joint owner ("Assigning Owner") electing not to acquire or maintain protection of any Inventions in any country or
countries shall assign its rights in such Inventions to the other joint owner ("Beneficial Owner") as is necessary to enable the
Beneficial Owner to protect such Inventions in such country or countries at its expense and for its exclusive benefit. In such
event, the Assigning Owner shall make available to the Beneficial Owner the name(s) of Assigning Owner's Inventors and
shall otherwise cooperate with the Beneficial Owner in order to assist the Beneficial Owner in protecting such Inventions.
The Beneficial Owner shall reimburse the Assigning Owner for all reasonable out-of-pocket expenses incurred in rendering
such assistance. If any such Inventions are so protected by the Beneficial Owner, then the Assigning Owner shall have a
license with respect to the subject matter of such protected Inventions in such country or countries.
Neither party may license, transfer, sell, or otherwise alienate or encumber its interest in jointly owned Inventions without the
written consent of the other party, which shall not be unreasonably withheld by either pariy.
4. COMPENSATION
Services will be performed and subsequently invoiced on a time and materials basis in accordance with the funded not-to-
exceed order value. Labor, including travel time, will be invoiced on a monthly basis for actual hours provided during the
previous month. Other direct costs (ODCs), such as travel-related expenses, will be invoiced at actual cost plus Esri's
standard burden. Meals and incidental expenses will be invoiced on a"per diem" basis in accordance with the limits stated in
the most-current Federal Travel Regulations. Esri standard payment terms are Net-30 days from receipt of an Esri invoice. If
the Esri credit history established by the Licensee does not support this effort, Esri reserves the right to require full or partial
prepayment. Payment shall be made to the Esri address identified on original Esri invoices.
Esri may reallocate authorized funding between activities, labor categories, and ODCs as necessary to facilitate the work
efforts, provided the overall authorized funding is not exceeded. In the event Esri reaches the funded not-to-exceed order
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value and the activities are not completed, Licensee may increase the order funding to allow additional work to be performed,
- or Esri may stop work without further obligation or liability. If Services are required beyond the period of performance stated
in the ariginal proposal ar resulting order, Esri reserves the right to escalate labor rates up to five percent (5%) per calendar
year.
5. LIMTTED WARRANTY AND DISCLAIMER OF WARRANTIES -
Esri warrants for a period of thirty (30) days from the date of performance that the Services will conform to the professional
and technical standards in the software industry. During the limited warranty period, Licensee may require Esri to re-perform
the Services, at no additional cost to the Licensee, if the Services do not substantially conform to the professional and
technical standards of the software industry. Services Output is provided "AS IS" without warranty of any kind.
Disclaimer of Warranties
A. WITH THE EXCEPTION OF THE LIMITED WARRANTY SET FORTH IN THIS ARTICLE, ESRI DISCLAIMS
AND THIS AGREEMENT EXPRESSLY EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
B. IN ADDITION TO AND WITHOUT LIMITING THE PRECEDING PARAGRAPH, ESRI DOES NOT WARRANT
IN ANY WAY MAP DATA. MAP DATA MAY NOT BE FREE OF NONCONFORMITIES, DEFECTS, ERRORS,
OR OMISSIONS; BE AVAILABLE WITHOUT INTERRUPTION; BE CORRECTED IF ERRORS ARE
DISCOVERED; OR MEET LICENSEE'S NEEDS OR EXPECTATIONS. LICENSEE SHOULD NOT RELY ON ANY
MAP DATA UNLESS LICENSEE HAS VERIFIED THE MAP DATA AGAINST ACTUAL DATA FROM
DOCUMENTS OF RECORD, FIELD MEASUREMENT, OR OBSERVATION.
6. LIMITATION OF LIABILITY AND EXCLUSNE REMEDY
IN NO EVENT SHALL ESRI BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES; LOST PROFITS; LOST SALES; OR BUSINESS EXPENDITURES; INVESTMENTS; BUSINESS
COMMITMENTS; LOSS OF ANY GOODWILL; OR FOR ANY INDIRECT, SPECIAL, EXEMPLARY,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF, OR RELATED TO, THIS AGREEMENT,
HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY, EVEN IF ESRI HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. ESRI'S TOTAL CUMULATIVE LIABILITY HEREUNDER, FROM ALL
CAUSES OF ACTION OF ANY KIND SHALL IN NO EVENT EXCEED THE AMOUNT ACTUALLY PAID BY THE
LICENSEE FOR THE PORTION OF THE SERVICES UNDER THIS AGREEMENT. THESE LIMITATIONS SHALL
APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
7. CONFIDENTIALITY
The Services Output is Esri confidential information and Licensee shall preserve and protect the confidentiality of said
Services Output. Insofar as its rights may be legally restricted, Licensee agrees not to reverse engineer or decompile custom
software delivered only in object code, executable code, or similar formats (collectively, "Secure Formats"). For custom
soflware delivered in source code or other human-readable formats, Licensee shall have met its obligations under this
Agreement if its disclosure of custom software is limited to custom software in Secure Formats, provided that the means for
reverse engineering, decompiling, or disassembling such custom software is withheld from such disclosure, and the person or
entity in receipt of such custom software similarly agrees not to perform such acts or allow others to do so.
Except as provided in the preceding paragraph, Licensee shall not disclose the Services Output to employees or third parties
without the advanced written consent of Esri. However, Licensee may, without such consent, make such disclosures to
employees to the extent reasonably required to allow Licensee to use the Services Output in a manner authorized under
applicable licenses. Before disclosing all or any portion of the Services Output to employees or third parties as permitted in
the preceding sentence, Licensee shall inform such employees or third parties of the obligations in this Agreement and obtain
their ageement to be bound by them.
8. EXPORT CONTROLS
The disclosures permitted under Article 7, Confidentiality, shall not relieve Licensee of its obligation to maintain the Services
Output in confidence and comply with all applicable laws and regulations of the United States including, without limitation,
its export control laws. Licensee expressly acknowledges and agrees that Licensee shall not export, re-export, transfer, or
release Services Output in whole or in part, to (i) any U.S. embargoed country (or to a national or resident of any U.S.
embargoed country); (ii) any person on the U.S. Treasury Department's list of Specially Designated Nationals; (iii) any
person or entity on the U.S. Commerce Department's Table of Denial Orders; or (iv) any person or entity where such export,
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reexport, or provision violates any U.S. export control laws or regulations including, but not limited to, the terms of any
export license or licensing provision and any amendments and supplemental additions to U.S. export laws as they may occur
from time to time.
9. GENERAL PROVISIONS
9.1 Nonhire of Esri Personnel. Licensee will not directly solicit for hire any employee(s) of Esri's technical staff, who is
(are) associated with Services called for under this project, and for a period of one (1) year after completion of the project. In
the event the foregoing provision is breached, liquidated damages equal to twelve (12) months of the Esri employee's
compensation plus any legal expenses associated with the enforcement of this provision shall be paid by the Licensee to Esri.
The foregoing shall in no way restrict Licensee from publicly advertising positions for hire in newspapers, professional
magazines, or Internet postings.
9.2 Taxes. Services provided are quoted exclusive of all state; local; value-added or other taxes, customs, or duties; or other
charges (other than income taaces payable by Esri). In the event such taxes and/or charges become applicable to Esri's
Services or Services Output, Licensee shall pay any such applicable tax upon receipt of written notice that such tax(es) is/are
due.
9.3 UCC Inapplicability. Services provided under this Agreement will not be governed by the Uniform Commercial Code
(UCC) and will not be deemed "goods" within the definition of the UCC.
9.4 Order of Precedence. These terms and conditions supersede those outlined in any Licensee ordering or authorizing
documents such as purchase orders. Any additional terms or conditions in Licensee ordering or authorizing documents are
void and may be incorporated into this Agreement only via written amendment signed by both parties to be binding.
9.5 Assignment and Delegation. Esri may, in whole or in part, assign any of its rights or delegate any performance under
this Agreement, provided that Esri shall remain responsible for the performance it delegates. This Agreement binds and
benefits successors or assigns permitted under this Article.
9.6 Equitable Relief. Licensee agrees that any breach of this Agreement by Licensee may cause Esri irreparable damage and
that, in the event of such breach, in addition to any and all remedies at law, Esri shall have the right to seek an injunction,
specific performance, or other equitable relief in any court of competent jurisdiction to prevent violation of these terms and
without the requirement of posting a bond or undertaking or proving injury as a condition of relief.
9.7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia
without reference to its conflict of laws principles, and Esri agrees that any disputes arising out of this Agreement shall be
decided by the Superior Court of Richmond County, Georgia.
9.8 Temporary Suspension or Delay of Performance of Contract. To the extent that it does not alter the scope of this
agreement, Augusta, GA may unilaterally order a temporary stopping of the work, or delaying of the work to be performed
by Esri under this agreement.
9.9 Defective Pricing. To the extent that the pricing provided by Esri is erroneous and defective, the parties may, by
agreement, correct pricing errors to reflect the intent of the parties.
9.10 Specified Excuses for Delay or Non-Performance. Esri is not responsible for delay in performance caused by acts of
nature, strikes, lockouts, accidents, or other events beyond the control of Esri. In any such event, the contract price and
schedule shall be equitably adjusted.
9.11 Hold Harmless. Notwithstanding any other provisions of this agreement, Esri shall indemnify and hold harmless
Augusta, GA, and its employees and agents (collectively the "Indemnified Parties") from and against any and all liabilities,
claims, judgments, damages, and settlements, including all reasonable costs, expenses, and attorneys' fees, arising out of any
action ar claim for bodily injury, death or properiy damage (except for databases not subject to a reasonable backup program)
brought against any of the Indemnified Parties to the extent arising from any negligent act or omission or willful misconduct
by Esri, its subcontractors or their directors, officers, employees or agents.
9.12 Prohibition against Contingent Fees. Esri is prohibited from directly or indirectly advocating in exchange for
compensation that is contingent in any way upon the approval of this contract or the passage, modification, or defeat of any
legislative action on the part of the Augusta, Georgia Commission. Esri shall not hire anyone to actively advocate in
exchange for compensation that is contingent in any way upon the passage, modification, or defeat of any contract or any
legislation that is to go before the Augusta, Georgia Commission.
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2012C485 January 12, 2012
9.13 Georgia Prompt Pay Act Not Applicable. The terms of this agreement supersede any and all provisions of the Georgia
- Prompt Pay Act.
9.14 Acknowledgement Regarding Contractual Obligations of Augusta, Georgia. Esri acknowledges that this contract
and any changes to it by amendment, modification, change order or other similar document may have required or may require
the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Esri is deemed
to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Esri's
provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order
or other similar document, including the possibility that Esri may be precluded from recovering payment for such
unauthorized goods or services. Accordingly, Esri agrees that if it provides goods or services to Augusta, Georgia under a
contract that has not received proper legislative authorization or if Esri provides goods or services to Augusta, Georgia in
excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta,
Georgia may withhold payment for any unauthorized goods or services provided by Esri. Esri assumes all risk of non-
payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or
to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized,
including, without limitation, all remedies at law or equity." This aclrnowledgement shall be a mandatory provision in all
Augusta, Georgia contracts for goods and services, except revenue producing contracts.
9.15 Georgia E-Verify Requirements. All contractors and subcontractors entering into contracts with Augusta, Georgia for
the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13-
10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered
with and is participating in a federal work authorization progam. Esri agrees to provide their E-Verify number and to be in
compliance with the electronic verification of wark autharized programs operated by the United States Department of
Homeland Security or any equivalent federal work authorization program operated by the United States Department of
Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of
1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91
and shall continue to use the federal authorization program throughout the contract term. Additionally, Esri agees that,
should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its
contract with Augusta, Georgia Esri will secure from such subcontractor(s) each subcontractor's E-Verify number as
evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-
.08 or a substantially similar form. Esri agees to maintain records of such compliance and provide a copy of each such
verification to Augusta, Georgia at the time the subcontractar(s) is retained to perform such physical services.
9.16 Right to Inspect Premises. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business,
or work site of Esri or any subcontractor of Esri or subunit thereof which is pertinent to the performance of any contract
awarded or to be awarded by Augusta, Georgia.
9.17 Local Small Business Language. In accordance with Chapter lOB of the AUGUSTA, GA. CODE, Esri agrees to
collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business
Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business
Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1-10-129(d)(7),
the contractor is required to provide local small business utilization reports. Esri shall report to Augusta, Georgia the total
dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to
subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of
minority and small business opporlunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to
provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of
the remedies set forth, including but not limited to, withholding payment. Esri will not be utilizing any local small business
pursuant to this Agreement. Therefore, all requirements and reporting set forth in this Article are not applicable.
9.18 Entire Agreement. This Agreement constitutes the sole and entire agreement of the parties as to the subject matter set
forth herein and supersedes any previous agreements, understandings, and arrangements (including any attached purchase
order terms and conditions) between the parties relating to such subject matter. The undersigned hereby acknowledges and
represents that he/she has read and understands this Agreement and has the autharity to bind his/her organization to these
terms and conditions. An executed Agreement shall constitute a duplicate if it is transmitted through electronic means, such
as fax or e-mail, and reflects the signing of the document by Licensee. Duplicates are valid and binding even if an original
paper document bearing Licensee's original signature is not delivered.
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2012C485 January 12, 2012
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AUGUSTA, GEORGIA ("Lice see"
By: Date: � ' 7` �
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Municipal Building
530 Greene Street, 8th Floor
Augusta, Georgia 30901
ENVIRON 1TAL SYSTE S ESEARCH INSTITUTE, INC. (Esri)
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By: ,-�- � � � � �� "� Date:
Print Name: Willi2ml'� Pmin
Managing Business Attomey
Title:
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Date: November 18, 2011
Esri Quote Number: P11-6665
Prepared by:
� Environmental Systems Research Institute, Inc. (Esri)
���'• 380 New York Street
Redlands, California 92373-8100
Phone: (909) 793-2853
This document contains commercial or financial information or trade secrets of Esri, which are confidential and exempt
from disclosure to the public under the Freedom of Information Act 5 USC 522(b)(4), and unlawful disclosure thereof is
a violation of the Trade Secret Act 18 USC 1905.
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Copyright � 2011 Esri
All rights reserved.
Printed in th ���`�f America.
he informa ' on ame ' ' document is the exclusive property of Esri. This work is protected under United States
copyright law and other internationa right treaties and conventions. Esri grants proposal recipient the right to internally
redistribute this document to proposal recip�etit� management and staff on a need-taknow basis, so long as proposal recipient
does not remove or obscure any Esri or its licensors',patent, copyright, trademark, or proprietary rights notices contained in or
�xed to this document. No part of this work may be'i'�produced or transmitted to third parties (except for consultants under a
confidentiality obligation who are involved in the proposal evaluation process) in any form or by any means, electronic or
mechanical, including photocopying and recording or by any information storage or retrieval system, except as expressly
permitted in writing by Esri.. ent to,�ltten�tion: Contracts and Legal Services Manager, Esri, 380 New
Yark Stre e�ts CA 92373-8100 USA.
The information contained in this document is subject to change without notice.
U.S. GOVERNMENT RESTRICTED/LIMITED RIGHTS (APPLIES TO FEDERAL PROCUREMENT ONLI�
Any software, documentation, and/or data delivered hereunder is subject to the terms of the License Agreement. In no event shall
the U.S. Government acquire greater than RESTRICTED/LIMITED RIGHTS. At a minimum, use, duplication, or disclosure by
the U.S. Government is subject to restrictions as set forth in FAR §52.227=14 Alternates I, II, and III (DEC 2007); FAR §52.227-
1�9 (DEC 2007) and/or FAR §12.211/12.212 (Commercial Technical Data/Computer Software); and DFARS §252.227-7015
(NOV 1995) (Technical Data) an�(�t DFARS'�2�7:'7�6�"��o�tter SoBware), as applicable. Contractor/Manufacturer is Esri,
380 New York Str e1i'd"n`�s, CA 92373-8100 USA.
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� TRADEMARKS AND SERVICE MARKS
(a�esri.com, 3D Analyst, ACORN. Address Coder, ADF. AML ArcAtlas ArcCAD ArcGatalog ArcCOGO ArcData ArcDoc
ArcEdit ArcEditor, ArcEurope, ArcExplorer, ArcExpress, ArcGIS, ArcGlobe, ArcGrid,; ArcIMS, ARC/INFO, ArcInfo, ArcInfo
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ArcPress, ArcPy, ArcReader, ArcScan, ArcScene, ArcSchool, ArcScripts, ArcSDE, ArcShc, ArcSketch, ArcStorm, ArcSurvey,
ArcTIN, ArcToolbox, ArcTools, ArcUSA, ArcUser, ArcView, ArcVoyager, ArcWatch, ArcWeb, ArcWorld, ArcXML, Atlas
GIS, AtlasWare, Avenue, BAO, Business A�lyst, Bvsiness...Analyst Online, BusinessMAP, CommunityInfo, Database
Integrator, DBI Kit, EDN, Esri, '�am GIS, Esri—The GIS Company, Esri—T'he GIS People, Esri—The GIS Software
Leader, FormEdit, Geo or, Geographic Design System, Geography Matters, Geography Network, GIS by Esri, GIS Day,
GIS for Eve n, SData Server, JTX, MapIt, Maplex, MapObjects, MapStudio, ModelBuilder, MOLE, MPS—Atlas, PLTS,
Rent-a- . ; SDE, SML, Sourcebook•America, Spatial Database Engine, StreetMap, Tapestry, the ARC/INFO logo, the ArcGIS
lo � e ArcGIS Explorer logo, the ArcPad logo,the Esri globe logo, the Esri Press logo, the GIS Day logo, the MapIt logo, The
eographic Advantage, The Geographic Approach, The World's Leading Desktop GIS, Water Writes, www.esri.com.
www. e�O�raehvnetwork.com www.�is.com www i� sday com and Your Personal Geographic Information Svstem are
trademarks, registered trademarks, or service marks of Esri in the United States, the European Community, or certain other
jurisdictions.
Other companies and products mentioned herein may be trademarks or registered trademarks of their respective trademark
owners.
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Introduction:
The City of Augusta, Georgia (City of Augusta) has requested Environmental Systems Research Institute,
Inc. (Esri) Professional Services to provide system architecture review consulting support in preparation
for the city's upgrade to ArcGIS Version 10. The quote below describes the scope of services, schedule,
pricing, terms and conditions, and purchasing instructions.
Scope of Services:
System Architecture Review
Esri will provide up to 35 hours of remote consulting services to validate requirements, lead discussions,
and evaluate design alternatives. The purpose of the engagement is to determine an appropriate GIS
architecture for the needs and business drivers identified during this activity.
This activity will be lead by a senior Esri system architecture design consultant with active participation
by appropriate City of Augusta GIS, IT, operations, and business representatives. To help prepare for and
facilitate the activity, Esri will provide preparatory materials.
Esri envisions that the following topics will be covered during the engagement:
• Architecture Vision
• Business Drivers
• Sites
• User Workflows
• Data Architecture
• Application Architecture
• Technology Architecture
• Capacity Planning
This activity will be supported remotely from Esri's offices. The Esri consultant will work with direction
from City of Augusta's technical staff and management. It is anticipated that Esri will prepare a summary
document including design analysis, findings, and recommendations.
Esri Responsibilities
• Provide up to 35 hours of consulting services as described above.
City of Augusta Responsibilities
• Communicate project needs and priorities to the Esri consultant
• Provide all required information on business processes, application architecture, GIS services,
data sources, user operations, workflows, user workload per operation, data architecture, and data
size during this activity
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• Facilitate and provide access to key GIS staff via web cast, email, and phone
Assumptions
• This activity does not include installing, configuring, testing, or tuning Esri software products
Schedule:
The project schedule will be mutually agreed upon between City of Augusta and Esri within 10 days after
contract award. Esri understands the importance and timeliness of this effort, and will endeavor to meet
City of Augusta's schedule goals.
Pricing:
The pricing provided below has been estimated based upon an anticipated award of a Time and Materials
(T&M) contract. The required labor hours and other direct cost (ODC) items have been estimated based
upon prior experience with work of a similar nature. The total not-to-exceed (NTE) price for the
proposed Scope of Services is $10,010 and is based on the standard Esri terms and conditions contained
in the attached Implementation Services Time and Materials Agreement numbered 2012C485.
This quote is valid for a period of 90 days from the submittal date above. This price is exclusive of any
applicable federal, state and/or local taxes for which City of Augusta shall remain responsible.
Esri anticipates using staff from the Senior GIS System/Software Architect labor category. Depending on
the level of expertise required to perform certain activities during this engagement, Esri may be required
to utilize other Esri staff inembers with a different skill-set and labor category.
The following table shows the proposed NTE pricing for this work by Activity.
Price by Activity
Activity Description Estimated Estimated Total
Labor $ Travel $ NTE Price
S stem Architecture Review $10,010 $0 $10,010
T&M consulting services will be conducted under the following conditions:
• In the event Esri completes the Scope of Services for less than the NTE budget, City of Augusta
will only be invoiced for the actual hours expended plus other burdened direct costs.
• In the event Esri reaches the NTE budget limit before the Scope of Services is completed, City of
Augusta will have the option to either (a) increase the contract funding in order to allow the work
to continue; or (b) instruct Esri to stop work. If City of Augusta chooses to stop work, Esri will
do so without liability.
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• Esri reserves the right to reallocate the project funding between Scope of Services activities
and/ar ODC items, as necessary to facilitate the work effort, provided the overall contract price is
notexceeded.
All work will be accomplished in accordance with the Scope of Services with the deliverable being
consulting time. If additional work is requested by City of Augusta in writing beyond the scope of this
quote, Esri will provide an updated quote. City of Augusta will be invoiced on a monthly basis for
services provided by Esri during the previous 30-day period. Monthly invoices for services shall be
calculated on the basis of actual hours expended during the previous month, multiplied by the appropriate
labor rate, plus other direct burdened costs. Invoices are to be paid within 30 days of receipt.
Purchasing:
To order these services as proposed, please send the following three items to fax number: (909) 798-2003.
l. Purchase Order:
• In the amount of the Total NTE Price above
• Referencing this quote (P11-6665)
• Referencing the attached Implementation Services Time and Materials Agreement
numbered 2012C485
2. Attached Implementation Services Time and Materials Agreement numbered executed on page 5
of the Agreement by the listed authorized individuals of Augusta, GA.
3. Copy of this quote.
When we receive these completed documents, Esri will contact you to discuss staff assignment and
schedule. We look forward to supporting you.
Contact:
Justin Kruizenga
Esri Professional Services
3 80 New York St.
Redlands, CA 92373
(909) 793-2853 �649
jkruizenga@esri.com
www.esri.com
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. •
. esrig
TIME AND MATERIALS RATE SCHEDULE
Effective January 1, 2011
Hourly time and materials labor rates have been provided for each labor category for calendar year 201 l. The hourly
labor rates for services that are performed after 2011 may be escalated in an amount not to exceed five percent (5%)
each year. Other direct costs, such as travel, reproduction, subcontractor, telecommunication/freight, or materials,
will be charged a material handling fee and invoiced.
GIS Consultant/1'roject Manager (Ml) Hourly Rate: $220/Hour
Staff inembers in this labor category provide day-to-day consulting and management for contracted projects within
Environmental Systems Research Institute, Inc. ("Esri"). These individuals work under the guidance of senior
Esri managers described herein and support the design and implementation of project work plans. These staff
members may provide consulting services and design and management support to software application development
projects and database conversion projects. They may also conduct detailed requirements interviews, document
application requirements, develop logical and physical database designs using standard engineering diagramming
methodologies, design software and database QA/QC programs, and provide management oversight of daily
technical activities. These staff inembers work with senior consulting and technical staff to design comprehensive
work plans that employ standard system methodologies that define project deliverables and milestones and realistic
schedules. These individuals work with Esri administrative staff to ensure that progress and fmancial reporting is
provided according to contract requirements.
Senior GIS Consultant/Project Manager (M2) Hourly Rate: $277/Hour
Staff inembers in this labor category work as project managers or project advisers, providing strategic consulting
and project management activities for geographic information system (GIS) and information technology (IT)
projects. These staff inembers have markedapplication domain expertise using extensive experience in GIS and
related geospatial technologies to support the successful completion of a project. Consulting activities may include
strategic planning, GIS workshops and seminars development, requirements definition, application and database
design, and system integration. Management activities may include defming project requirements and objectives,
establishing budgets and schedules, allocating staff and other resources, and managing and overseeing subcontractor
activities. These individuals may also design comprehensive work plans that employ standard system methodologies
that define project deliverables and milestones and realistic schedules.
Principal GIS Consultant/Program Manager (M3) Hourly Rate: $366/Hour
Staff inembers in this labor category work as program directors or project advisers, providing project vision,
strategic consulting, and program management activities for GIS and IT projects. These staff inembers apply
market/application domain expertise using extensive experience in GIS and related geospatial technologies to
support the successful completion of the program. Consulting activities may include strategic planning, review and
oversight of requirements definitions, application and database design, and system integration. Management
activities may include defming program requirements and objectives, establishing budgets and schedules, allocating
staff and other resources, and managing and overseeing subcontractor activities. Staff inembers in this labor
category work with senior client staff in coordination with Esri senior management to resolve issues and support
successful project completion.
J-7264-a 2011 1 13 Dec 2010
GIS Technical Specialist/Engineer (S1) Hourly Rate: $180/Hour
Staff inembers in this labor category work collaboratively with software designers to perform software coding and
the writing of software documentation according to design specifications developed by senior technical staff
described above. As a group, these staff members are experienced in the coding of software and the creation of
digital databases, as well as in software development associated with Esri's commercial off-the-shelf (COTS)
software products; Web, desktop, or server software development languages; geospatial data formats; and other
technologies. These individuals also develop effective database designs, implement data conversion processes and
procedures, and perform software and database quality control.
GIS System/Software Developer (S2) Hourly Rate: $233/Hour
Staff members in this labor category support the design of technical project specifications for the implementation of
application software projects and database development projects. They support the day-to-day technical activities of
the project team and ensure that standard system methodologies are employed. They also perform detailed software
design and detailed database conversion design and are directly involved in the coding and implementation of
complex and strategic portions of application software and database conversion projects. As a group, these staff
members are proficient in Esri COTS software products; Web, desktop, and server software development languages;
geospatial data formats; and other technologies. These staff members design and develop QA/QC progams and
support design and code reviews, database reviews, and other QA/QC activities throughout the project life cycle.
Senior GIS System/Software Architect (S3) Hourly Rate: $286/Hour
Staff inembers in this labor category provide the overall technical vision and system architecture for large, complex
systems. They support the application of sound software engineering principles and life cycle methodologies to
programs/projects. These individuals are actively involved in systems architecture design, application software
design, database process design, and the directing of coding development including the supervision of design and
code reviews. These staff members may serve as principal investigators in focused studies or research and
development projects. Individuals in this labor category have broad technical knowledge of GIS applications and
related information technologies and may also provide specific expertise in areas such as Web-based software
applications, service-oriented architectures, data warehousing, spatial analysis, and modeling. As a group, these staff
members are proficient with Esri COTS software products; software and database design methodologies; Web,
desktop, and server software development languages; geospatial data formats; and other technologies.
GIS Database Specialist/Analyst (DB) Hourly Rate: $152/Hour
Staff inembers in this labor category provide database development support in creating cartographic and digital data
products. These staff members have expertise that includes the performance of hard copy to digital data conversion
tasks, data migration, and translation activities utilizing advanced processing techniques in ArcGIS. These
individuals design, develop, and implement efficient production tools and workflows in accordance with approved
project plans and design parameters.
J-7264-a 2011 2 13 Dec 2010