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HomeMy WebLinkAbout3/7/2019 - AGREEMENTS (6)Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone; 909-793-2853 Fax; 909-307-3049 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: 12/06/2018 To: 03/06/2019 Quotation # 20541502 Date: December 6, 2018 Customer # 266877 Contract # City of Palm Springs IT Dept 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 ATTENTION: Arron Brown PHONE: (760) 323-8299 FAX: Material 110036 110036 110036 Description Populations of 25,001 to 50,000 Small Government Term Enterprise License Agreement - Year 1 Populations of 25,001 to 50,000 Small Government Term Enterprise License Agreement - Year 2 Populations of 25,001 to 50,000 Small Government Term Enterprise License Agreement - Year 3 Unit Price 35,000.00 35,000.00 35,000.00 Item Total: Subtotal: Sales Tax; Estimated Shipping & Handiing(2 Day Delivery); Contract Pricing Adjust; 35,000.00 35,000.00 35,000.00 105,000.00 105,000.00 0.00 $105,000.00 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact; Crystal Dorn Email; cdorn@esri.com Phone: (909)793-2853x1027 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/esr1sites/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://assets.esri.com/content/dam/esrisit8s/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 https://www.esri.com/en-us/iegal/terms/state-supplemenlal 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. If sending remittance, please address to: Esri, P.O. Box 741076, Los Angeles, CA 90074'1076 DORNC This offer is limited to the terms and conditions incorporated and attached herein. esri Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: 909-793-2853 Fax: 909-307-3049 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: 12/06/2018 To: 0310612019 Quotation # 20541502 Date: December 6, 2018 Customer # 266877 Contract # City of Palm Springs IT Dept 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 ATTENTION: Arron Brown PHONE: (760) 323-8299 FAX: If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to Indicate your acceptance, you must fax Esri the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional information is required to complete your request. If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order. In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g. MPA, ELA, SmartBuy, GSA, BRA) on your ordering document. BY SIGNING BELOW, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION. AND YOU ARE AUTHORIZING ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF $ , PLUS SALES TAXES IF APPLICABLE. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING PAPERWORK. Please check one of the following: I agree to pay any applicable sales tax. I am tax exempt, please contact me if exempt information is not currently on file with Esri. resentat VSignature of Authorized Repres U- Name (Please Print) 3(Please Print) Titla^ APPROVED BY CITY COUNCIL Aty Clerk The Quolalion information is propnetary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute. Inc. (Esri). Any estimated sales and/or use tax reflected on this quote 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 tax 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. For questions contact: Crystal Dorn Email: cdornfSesri.com Phone: (909)793-2853x1027 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/(jam/esrisiles/media/legai/product-specific-terms-of-use/e300.pdf, and your appiicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri's standard terms and conditions found at hltps://assels.esri,com/content/dam/esrisites/mediayiegal/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 hltps://www.esri.com/en-us/legai/tenns/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 Esii'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 confidentiai 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. If sending remittance, please address to: Esri, P.O. Box 741076, Los Angeles, CA 90074-1076 DORNC This offer is limited to the terms and conditions incorporated and attached herein. Esri Use Only: CusL Name Gust. # PC# O o Esri Agreement # ^ ^ esri TM£ seiENce OF WHEKE SMALL ENTERPRISE AGREEMENT COUNTY AND MUNICIPALITY GOVERNMENT (E214-2) This Agreement Is by and between the organization identified in the Quotation ("Customer**) and Environmental Systems Research institute, Inc. (**£$11"). This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (11) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (I) the Quotation, (II) this Agreement, and (lii) the Master Agreement This Agreement shall be governed by and constmed in accordance with the laws of the state in which Customer Is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of Intellectual property. The modifications and additional rights granted In this Agreement apply only to the Products listed In Table A. Table A List of Products Uncapped Quantities Desktop Software and Extensions (Single Use) ArcGIS Desktop Advanced ArcGlS Desktop Standard ArcGIS Desktop Basic ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistlcal Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics. ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Software and Extensions ArcGIS Enterprise and Workgroup (Advanced and Standard) ArcGIS Enterprise Extensions: ArcGIS 3D Analyst. ArcGIS Spatial Analyst, ArcGIS Geostatistlcal Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager Enterprise Additional Capability Servers ArcGIS Image Sen/er Developer Tools ArcGIS Engine ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Engine Geodatabase Update, ArcGIS Network Analyst, ArcGIS Schematics ArcGIS Runtime (Standard) ArcGIS Runtime Analysis Extension Limited Quantities One (1) Professional subscription to ArcGIS Developer* Two (2) Esri CityEngine Advanced Single Use Licenses 100 ArcGIS Online Viewers 100 ArcGIS Online Creators 17,500 ArcGIS Online Service Credits 100 Level 2 ArcGIS Enterprise Named Users 3 Insights for ArcGIS for use with ArcGIS Enterprise 3 Insights for ArcGIS for use with ArcGIS Online OTHER BENEFITS Number of Esri User Conference registrations provided annually 3 Number of Tier 1 Help Desk individuals authorized to call Esri 3 Maximum number of sets of backup media, if requested*'2 Self-Paced e-Leaming Uncapped Five percent (5%) discount on ail individual commercially available Instructor-led training classes at Esri facilities purchased outside this Agreement (Discount does not apply to Small Enterprise Training Package) 'Additional sets of backup media may be purchased for a fee Page 1 of 6 November 20,2016 e 9 Customer may accept this Agreement by signing and returning the whole Agreement with (1) the Quotation attached, (il) a purchase order, or (Hi) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date"). Term of Agreement: Three (3) vears This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: ^ Cr>A\A6 [r fCustoi^ert ^ Authorized Signature Printed Name:l\- APPROVED BY CRY COUNCIL ity Clerk Date; CUSTOMER CONTACT INFORMATION Contact: Telephone: Address: Fax: City, State, Postal Code: E-mail: Country: Quotation Number (if applicable); \Vv (Tyvvxk.-ifpA-Hr Page 2 of 6 November 20, 2018 o ^ returning the whole Agreement with (i) the Quotationattached, 00 a Purchase order, or (hi) another document that matches the Quotation and references this J Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASEgoSIrn will not apply, and the terms of ™Is agreement wTli°eedto by tLe Term of Agreement: Three 13\ veflrft any previous agreements, proposals, presentations, understandings, and inH f ths partiBs relaUng to the licensing of the Products. Except as provided In ArticleProduct Updates, no modifications can be made to this Agreement. Accepted and Agreed: /YJ^ Bv: '^iCAVy^ (✓X '—^ Authdfized Signature ' (Customer) ATTEST: Printed Name:City Clerk Tide:. Date: APPROVED BV CITY COUNCIL •CkwvT.hl. i\nm CUSTOMER CONTACT INFORMATION Contact: A\\lr.r^y Teieohone: ^ n -^Z^ - ft Z 5"^Oo t CfAnyt.. vjfAV Fax; 7Co - 1 Z,2 '%'iHS' City. State. Postal Code: QfA^ SfnnjS E-mail: f^XS (g. .y.. Country: Ut\A-p,l Quotation Number (if applicable): ^ ^ ^^ Environmental Systems Research Chris Johnson Uanaoef. Commefual i Government Contracts n a 0 2013 Page 2 of 6 November 2018 o o 1.0—Additional Definitions tn addition to the definitions provided in the Master Agreement, the following definitions apply to this Agreement: "Case" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "Deploy", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Customer's organize tion(s). "Fee" means the fee set forth In the Quotation. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Customer during the Term of Agreement "Master Agreement" means the applicable master agreement for Esri Products incorporated by this reference that is (I) found at http://www.esri.com/leaal/software-licenseand available in the installation process requiring acceptance by electronic admowledgment or (ii) a signed Esri master agreement or license agreement that supersedes such electronically acknowledged master agreement. "Product(s)" means the products identified in Table A—List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Customer. "Technical Support" means the technical assistance for attempting resolution of a reported Case through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Customer's point of contacl(s) to provide all Tier 1 Support within Customer's organizatjon(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Esri Technical Support provided to the Tier 1 Help Desk when a Case cannot be resolved through Her 1 Support. 2.0—Additional Grant of License 2.1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Customer a personal, nonexclusive, nontransferable license solely to use. copy, and Deploy quantities of the Products listed In Table A—List of Products for the Term of Agreement (I) for the applicable Fee and (ii) in accordance with the Master Agreement. 2.2 Consultant Access. Esri grants Customer the right to permit Customer's consultants or contractors to use the Products exclusively for Customer's benefit. Customer will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Customer. Access to or use of Products by consultants or contractors not exclusively for Customer's benefit is prohibited. Customer may not permit Its consultants or contractors to install Software or Data on consultant, contractor, or third-party computers or remove Software or Data from Customer locations, except for the purpose of hosting the Software or Data on Contractor servers for the benefit of Customer. 3.0—Term, Termination, and Expiration 3.1 Term. This Agreement and all licenses hereunderwill commence on the Effective Date and continue for the duration Identified in the Term of Agreement, unless this Agreement Is terminated earlier as provided herein. Customer is only authorized to use Products during the Term of Agreement. For an Agreement with a limited term. Esri does not grant Custorrter an indefinite or a perpetual license to Products. 3.2 No Use upon Agreement Expiration or Termination. Ail Product licenses, all Maintenance, and Esri User Conference registrations terminate upon expiration or termination of this Agreement. 3.3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. 3.4 Termination for Lack of Funds. For an Agreement with government or government- owned entities, either party may terminate this Agreement before any subsequent year if Page 3 of 6 November 20.2016 o o Customer is unable to secure ftjnding through the legislative or governing body's approval process. 3.5 Foi)ow-on Term. If the parlies enter into another agreement substantially similar to this Agreement for an additional term, the effective date of the follow-on agreement \^ll be the day after the expiration date of this Agreement. 4.0—Product Updates 4.1 Future Updates. Esri reserves the right to update the list of Products In Table A—List of Products by providing written notice to Customer. Customer may continue to use all Products that have been Deployed, but support and upgrades for deleted items may not be available. As new Products are Incorporated Into the standard program, they will be ofered to Customer via written notice for incorporation into the Products schedule at no additional charge. Customer's use of new or updated Products requires Customer to adhere to applicable additional or revised terms and conditions in the Master Agreement. 4.2 Product Life Cycle. During the Term of Agreement, some Products may be retired or may no longer be available to Deploy in the Identified quantities. Maintenance will be subject to the individual Product Life Cycle Support Status and Product Life Cycle Support Policy, which can be found at htlp://supDOrt.esri.com/en/content/productlifecvcl Updates for Products in the mature and retired phases may not be available. Customer may continue to use Products already Deployed, but Customer will not be able to Deploy retired Products. 5.0—Maintenance The Fee includes standard maintenance benefits during the Term of Agreement as specified in the most cuirent applicable Esri Maintenance and Support Program document (found at httD://www.esri.ccm/leaan. At Esri's sole discretion, Esri may make patches, hot fixes, or updates available for download. No Software other than the defined Products will receive Maintenance. Customer may acquire maintenance for other Software outside this Agreement. a. Tier 1 Support 1. Customer will provide Tier 1 Support through the Tier 1 Help Desk to all Customer's authorized users. 2. The Tier 1 Help Desk will be fully trained in the Products. 3. At a minimum, Tier 1 Support will include those activities that assist the user in resolving how-to and o^rational questions as well as questions on installation and troubleshooting procedures. 4. The Tier 1 Help Desk will be the initial point of contact for all questions and reporting of a Case. The Tier 1 Help Desk will obtain a full description of each reported Case and the system configuration from the user. This may Include obtaining any customizations, code samples, or data involved In the Case. 5. If the Tier 1 Help Desk cannot resolve the Case, an authorized Tier 1 Help Desk Individual may contact Tier 2 Support. The Tier 1 Help Desk will provide support in such a way as to minimize repeat calls and make solutions to problems available to Customer's organization. 6. Tier 1 Help Desk Individuals are the only Individuals authorized to contact Tier 2 Support. Customer may change the Tier 1 Help Desk individuals by written notice to Esri. b. Tier 2 Support 1. Tier 2 Support will log the calls received from Tier 1 Help Desk. 2. Tier 2 Support will review all Information collected by and received from the Tier 1 Help Desk including preliminary documented troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support Is required. 3. Tier 2 Support may request that Tier 1 Help Desk individuals provide verificdtlon of Information, additional Information, or answers to additional questions to supplement any preliminary Information gattiering or troubleshooting performed by Tier 1 Help Desk. 4. Tier 2 Support will attempt to resolve the Case submitted by Tier 1 Help Desk. Page 4 of 6 November 20,2018 n o 5. When the Case is resolved, Tier 2 Support will communicate the information to Tier 1 Help Desk, and Tier 1 Help Desk will disseminate the resolution to the user(s). 6.0—Endorsement and Publicity This Agreement will not be construed or interpreted as an exclusive dealings agreement or Customer's endorsement of Products. Elfrier party may publicize the existence of this Agreement. 7.0—Administrative Requirements 7.1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement Customer will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Customer will not decouple Esri products or services from the OEM partners' application or service. 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration of this Agreement Customer will provide Esri with a written report detailing all Deployments. Upon request, Customer will provide records sufficient to verify the accuracy of the annual report. 8.0—Ordering, Administrative Procedures, Delivery, and Deployment 8.1 Orders, Delivery, and Deployment a. Upon the Effective Date, Esri will Invoice Customer and provide Authorization Codes to activate the nondestructive copy protection program that enables Customer to download, operate, or allow access to the Products. If this Is a multi-year Agreement, Esri may invoice the Fee before the annual anniversary date for each year. b. Undisputed invoices will be due and payable within thirty (30) calendar days from the date of Invoice. Esri's federal ID number Is 95-2775-732. c. If requested, Esri will ship backup media to the ship-to address identified on the Ordering Document. FOB Destination, with shipping charges prepaid. Customer acknowledges that should sales or use taxes become due as a result of any shipments of tangible media, Esri has a right to Invoice and Customer will pay any such sales or use tax associated with the receipt of tangible media. 6.2 Order Requirements. Esri does not require Customer to Issue a purchase order. Customer may submit a purchase order In accordance with its own process requirements, provided that if Customer issues a purchase order, Customer will submit its Initial purchase order on the Effective Date. If this is a multi-year Agreement, Customer will submit subsequent purchase orders to Esri at least thirty (30) calendar days before the annual anniversary date for each year. a. b. All orders pertaining to this Agreement will be processed through Customer's centralized point of contact. The following Information will be Included In each Ordering Document: (1) Customer name; Esri customer number, if known; and bill-to and ship-to addresses (2) Ordernumber (3) Applicable annual payment due 9.0—Mergers, Acquisitions, or Divestitures If Customer Is a commercial entity, Customer will notify Esri in writing in the event of (i) a consolidation, merger, or reorganization of Customer with or into another corporation or entity; (ii) Customer's acquisition of another entity; or (ill) a transfer or sale of all or part of Customer's organization (subsections i. il. and ill, ccdectively referred to as "Ownership Change"). There will be no decrease in Fee as a result of any Ownership Change. 9.1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Esri reserves the right to increase the Fee or terminate this Agreement and the parties will negotiate a new agreement. 9.2 If an Ownership Change results In transfer or sale of a portion of Customer's organization, that portion of Customer's organization will transfer Page 5 of 6 Navember 20,2016 o the Products to Customer or uninstafi, remove, and destroy all copies of the Products. 9.3 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Esri in writing in advance. If the assignment to the new entity is not approved. Customer wili require any successor entity to uninstall, remove, and destroy the Products. This Agreement wiil terminate upon such Ownership Change. Page 6 of 6 November 20. 2016 o o esri THE SCIENCE OP WHERE SOLE SOURCE LETTER Environmental Systems Research Institute, Inc. (Esri) 380 New York Street Redlands, CA 92373 Telephone: 909-793-2853, Ext. 1-1990 Email: jricks@csri.com DATE: September 26,2018 TO: To Whom It May Concern FROM: Jackie Ricks, Esri Contracts and Legal Services RE: Esri Sole Source Justification for Small Utility Enterprise Agreement This letter confirms Esri, as owner and manufacturer, is the sole source provider of all U.S. domestic Small Utility Enterprise Agreements (EA). The Small Utility EA is a bundled package of term limited software licenses and maintenance that includes the right to copy. Esri is the only source that can grant a right to copy and deploy Enterprise Software within your organization (Enterprise). Also, domestically Esri is the only source of maintenance (updates and technical support) for all Esri® software. If you have further questions, please feel free to call our Contracts and Legal Services Department at 909-793-2853, extension 1990. SinccrcK. V Jackie Kicks Con/racl Coordinator I C ontracts & l egal Services Dept 380 New York Street Redlands, CA 92373 Voice 909 793 28'^3 hxt M990 jncksiK'sn eoii i J-8933.JR 9.'26'20I8 Esri 380 Haw York St.. Redlands, CA 02373-8100, USA • TEL 900-783-2853 • FAX 909-783-S9S3 • E-MAIL infO®«sn COffl • WEB www esri com o CITY OF PALM SPRINGS, OA CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or Indirect financial Interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age. marital status, ancestry, national origin (i.e.. place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis''). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. Environmental Systems Research Institute, Inc.NAME OF CONTRACTOR/VENDOR: [ NAME and TITLE of Authorized Representative: Chris Johnson (Print) UjfBaBf.QjFrwal&GoiCTiDrt Slgnature^^ pp(e^ Auth JlzedApresentattve: (Slcnl/ (Date)■tn i<\ n o PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 1. Name of Entity Environmental Systems Research Institute, Inc. 2. Address of Entity (Principle Place of Business) 380 New York Street, Redlands, OA 92373-8100 3. Local or California Address (if different than #2) State where Entity is Registered with Secretary of State California If other than California, is the Entity also registerBd in California? H Yes H No 5. Type of Entity (3 Corporation □ Limited Liability Company □Partnership □ Trust □ Other (please specify) 6. Officers, Directors, Members, Managers, Trustees, OUier Fiduciaries (please specity) /Vote.* /f any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Jack Danflermond HOfficer □ Director □Member □ Manager [name] □ General Partner □Limited Partner □ Other Laura Dangermond [name] EOfficer □Director QMember QManager □ General Partner □Limited Partner □ Other [name] □ Officer □Director □Member □Manager □ General Partner □ Limited Partner □ Other CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 1 of 2 (Revised 091318) o o 7. Owners/Investors with a 5% beneficial interest In the Applicant Entity or a related entity EXAMPLE JANE DOE 50%, ABC COMPANY, inc. [name of owner/investor}[percentage of beneficial interest In entity and name of entity] A. ^The Jack and Laura Dangermond Trust", estab October 7,2000, owns 100% of the outstandin Environmental Systems Research Institute, Inc ished under the laws of the State of California o 1 voting and equity securities of (name of owner/investor][percentage of beneficial Interest in entity and name of entity] B. [name of owner/investor][percentage of beneficial Interest In entity and name of entity] C. [name of owner/Investor][percentage of beneficial interest In entity and name of entity] D. [name of owner/investor)[percentage of beneRclal interest In entity and name of entity] E. [name of owner/Investor][percentage of beneficial Interest In entity and name of entity] 1 DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CAUFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Slgnatu^eljC^^^Jb^lng^rty, PrlntecLName, Title Date y Chris JoWS^CITY OF PALM SPRINGS - PUBUC INTEGRITY DISCLOSURE FORM Connni^&GMnifiBfCortah APPLICANT DISCLOSURE FORM Page 2 of 2 (Revised 09 13.18) Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-6100 Phone: 909-793-2853 Fax: 909-307-3049 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: 12J06/201B To: 03/06/2019 Quotation #20541502 Date: December 6, 2018 Customer # 266877 Contract # City of Palm Springs IT Dept 3200 E Tahqultz Canyon Way Palm Springs. CA 92262 ATTENTION: Arron Brown PHONE: (760)323-8299 FAX: Material Qty Description 110036 1 Populations of 25,001 to 50,000 Small Government Term Enterprise License Agreement - Year 1 110036 1 Populations of 25,001 to 50,000 Small Government Term Enterprise License Agreement - Year 2 110036 1 Populations of 25,001 to 50,000 Small Government Term Enterprise License Agreement - Year 3 Unit Price 35,000.00 35,000.00 35,000.00 Item Total: Subtotal: Sales Tax: Estimated Shipping & Handling(2 Day Delivery}: Contract Pricing Adjust; 35,000.00 35,000.00 35,000.00 105,000.00 105,000.00 0.00 $105,000.00 Esri may charge a fee to cover expenses related to any customer requirement to use a proprielary vertdor management, procurement, or invoice program. For questions contact: Crystal Dom Email:Phone: (909)793-2853x1027 The items on this quotation are subject to and governed by the terms of this quolalion, the most current product specHic scope of use document fburuJ at http3:/fassels.esri,com/contenl/dam/esrisites/me(iiariegal/product-specjnc>terms-of-use/e300.pdf, and your appOcable signed agreement with Esri If no such agreement covers any item quoted, then Esri's standard terms and conditions found at https://assels.esrt.com/content/dam/esrisite^media/legal/ma-fu(iyma-fuli pdf apply to your purchase of that item. Federal government entities and govemnrent prime contractors authorized under PAR 51.1 may purchase under the terms of Esn's GSA Federal Supply Schedule. Supplemental terms attd conditions found at https:/Aivww.e3r1.com/en-us/]egal/lermsfstale-supplemenlal apply lo some stale and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esh's offerings. Acceptance of this quotation is limited lo the terms of this quotation. Esri objects to and expressly rejects any different or addltiortal 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 purd^ase/iicense. The information may not be given lo outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin. DORNC If sending remittance, please address to: Esri, P.O. Box 741076, Los Angeles, CA 90074-1076 This offer Is limited to the terms and conditions Incorporated and attached herein.