HomeMy WebLinkAboutFIN 2021-11-08 COMPLETE AGENDA PACKET
City of Tukwila
Distribution:
Z.Idan
Mayor Ekberg
K.Hougardy
D.Cline
C.Delostrinos Johnson
R.Bianchi
K.Kruller
erty
V.SealA.Youn
D.QuinnL.Humphrey
Zak Idan, Chair
T.McLeod
Kathy Hougardy
Cynthia Delostrinos Johnson
AGENDA
M,N8,20215:30
ONDAY OVEMBER PM
HCR
AZELNUT ONFERENCE OOM
(At east entrance of City Hall)
TNOTCF
HIS MEETING WILL BE CONDUCTED AT ITY ACILITIES
GP20-28.
BASED ON THE OVERNORS ROCLAMATION
T
HE PHONE NUMBER FOR THE PUBLIC TO LISTEN TO THIS
:1-253-292-9750, Access Code #
MEETING IS
Join Microsoft Teams Meeting
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Item Recommended Action
1
.BUSINESS AGENDA
a.Forward to 11/22 C.O.W.Pg.1
a.A resolution adopting the 2022 Legislative Agenda.
and 12/6 Regular Mtg.
Pg.7
b.An Enterprise Agreement for GIS software.
b.Forward to 11/15 Consent
Agenda.
c.A contract with Pacifica Law Group for Bond Counsel
Pg.19
c.Forward to 11/15 Consent
services.
Agenda.
d.An ordinance and a resolution updating the Investment
Pg.29
d.Forward to 11/22 C.O.W.
Policy.
and 12/6 Regular Mtg.
e.Continued discussion on American Rescue Plan Act
Pg.49
e.Discussion only.
(ARPA) funds.
2.MISCELLANEOUS
Next Scheduled Meeting:
The City of Tukwila strives to accommodate individuals with disabilities.
Please contact the City Clerks Office at 206-433-1800 (TukwilaCityClerk@TukwilaWA.gov) for assistance.
1
2
DRAFT
3
4
5
6
City of Tukwila
Allan Ekberg, Mayor
7
Page 2
https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/CC Docs/Old W/2021 Info Memos/MemoESRI2022_23.docx
8
July 6, 2021
Ms. Tami Eberle-Harris
City of Tukwila
6300 Southcenter Blvd Ste 202
Tukwila,WA98188-8549
Dear Tami,
The Esri Small Municipal and County Government Enterprise Agreement (SGEA) is a twoyear agreement that
will grant your organization access to Esri term license software. The EA will be effective on the date executed and
will require a firm, twoyear commitment.
Based on Esri's work with several organizations similar to yours, we know there is significant potential to apply
Geographic Information System (GIS) technology in many operational and technical areas within your
organization. For this reason, we believe that your organization will greatly benefit from an Enterprise Agreement
(EA).
An EA will provide your organization with numerous benefits including:
A lower cost per unit for licensed software
Substantially reduced administrative and procurement expenses
Complete flexibility to deploy software products when and where needed
The following business terms and conditions will apply:
All current departments, employees, and in-house contractors of the organization will be eligible to use
the software and services included in the EA.
If your organization wishes to acquire and/or maintain any Esri software during the term of the agreement
that is not included in the EA, it may do so separately at the Esri pricing that is generally available for
your organization for software and maintenance.
The organization will establish a single point of contact for orders and deliveries and will be responsible
for redistribution to eligible users.
The organization will establish a Tier 1 support center to field calls from internal users of Esri software.
The organization may designate individuals as specified in the EA who may directly contact Esri for Tier
2 technical support.
The organization will provide an annual report of installed Esri software to Esri.
Esri software and updates that the organization is licensed to use will be automatically available for
downloading.
The fee and benefi
Municipal and County Government EA terms and conditions.
380 New York Street 909.793.2853 esri.com
Redlands, California 92373-8100 USA info@esri.com
9
Small Government Enterprise Agreement
Licenses are valid for the term of the EA.
This program offer is valid for 90 days. To complete the agreement within this time frame, please contact me
within the next seven days to work through any questions or concerns you may have.
To expedite your acceptance of this EA offer:
1.Sign and return the EA contract with a Purchase Order or issue a Purchase Order that references this EA
Quotation and includes the following statement on the face of the Purchase Order:
"THIS PURCHASE ORDER IS GOVERNED BY THE TERMS AND CONDITIONS OF THE ESRI
SMALL MUNICIPAL AND COUNTY GOVERNMENT EA, ANDADDITIONAL TERMS AND
CONDITIONS IN THIS PURCHASE ORDER WILL NOT APPLY."
Have it signed by an authorized representative of the organization.
2.On the first page of the EA, identify the central point of contact/agreement administrator. The agreement
administrator is the party that will be the contact for management of the software, administration issues,
and general operations. Information should include name, title (if applicable), address, phone number, and
e-mail address.
3.In the purchase order, identify the "Ship to" and "Bill to" information for your organization.
4.Send the purchase order and agreement to the address, email or fax noted below:
Esri e-mail: service@esri.com
Attn: Customer Service SG-EA fax documents to: 909-307-3083
380 New York Street
Redlands, CA 92373-8100
I appreciate the opportunity to present you with this proposal, and I believe it will bring great benefits to your
organization.
Thank you very much for your consideration.
Best Regards,
Heather Glock
10
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Esri Use Only:
Cust. Name
Cust. #
PO #
Esri Agreement #
SMALLENTERPRISEAGREEMENT
COUNTYANDMUNICIPALITYGOVERNMENT
(E214-1)
This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental
Systems Research Institute, Inc. ("Esri").
This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the
Quotation and (ii) 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 (iii) the Master Agreement. This Agreement shall be governed by and
construed 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 Developer Tools
Desktop Software and Extensions (Single Use) ArcGIS Engine
ArcGIS Desktop Advanced ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS
ArcGIS Desktop Standard Spatial Analyst, ArcGIS Engine Geodatabase Update,
ArcGIS Desktop Basic ArcGIS Network Analyst, ArcGIS Schematics
ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Runtime (Standard)
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Runtime Analysis Extension
ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS
Limited Quantities
Schematics, ArcGIS Workflow Manager, ArcGIS Data
Reviewer One (1) Professional subscription to ArcGIS Developer
Two (2) ArcGIS CityEngine Single Use Licenses
50 ArcGIS Online Viewers
Enterprise Software and Extensions
50 ArcGIS Online Creators
ArcGIS Enterprise and Workgroup
10,000 ArcGIS Online Service Credits
(Advanced and Standard)
50 ArcGIS Enterprise Creators
ArcGIS Monitor
2 ArcGIS Insights in ArcGIS Enterprise
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst,
2 ArcGIS Insights in ArcGIS Online
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
5 ArcGIS Tracker for ArcGIS Enterprise
ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS
5 ArcGIS Tracker for ArcGIS Online
Workflow Manager
2 ArcGIS Parcel Fabric User Type Extensions (Enterprise)
2 ArcGIS Utility Network User Type Extensions (Enterprise)
Enterprise Additional Capability Servers
ArcGIS Image Server
OTHER BENEFITS
Number of Esri User Conference registrations provided annually 2
Number of Tier 1 Help Desk individuals authorized to call Esri 2
Maximum number of sets of backup media, if requested* 2
Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri
facilities purchased outside this Agreement
*Additional sets of backup media may be purchased for a fee
Page 1 of 6 September 25, 2020
13
Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation
attached, (ii) a purchase order, or (iii) 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: Two (2) years, January 16, 2022 - January 15, 2024
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:
City of Tukwila
(Customer)
By:
Authorized Signature
Printed Name:
Title:
Date:
CUSTOMER CONTACT INFORMATION
Contact: Telephone:
Address: Fax:
City, State, Postal Code: E-mail:
Country:
Quotation Number (if applicable):
Page 2 of 6 September 25, 2020
14
1.0—AD2.0—AGL
DDITIONAL EFINITIONSDDITIONAL RANT OF ICENSE
In addition to the definitions provided in the Master 2.1 Grant of License. Subject to the terms and
Agreement, the following definitions apply to this conditions of this Agreement, Esri grants to
Agreement: Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
"Case" means a failure of the Software or Online Deploy quantities of the Products listed in
Services to operate according to the Documentation Table A—List of Products for the Term of
where such failure substantially impacts operational Agreement (i) for the applicable Fee and (ii) in
or functional performance. accordance with the Master Agreement.
"Deploy", "Deployed" and "Deployment" mean to 2.2 Consultant Access. Esri grants Customer the
redistribute and install the Products and related right to permit Customer's consultants or
Authorization Codes within Customer's contractors to use the Products exclusively for
organization(s). Customer's benefit. Customer will be solely
responsible for compliance by consultants and
"Fee" means the fee set forth in the Quotation. contractors with this Agreement and will ensure
that the consultant or contractor discontinues
"Maintenance" means Tier 2 Support, Product use of Products upon completion of work for
updates, and Product patches provided to Customer Customer. Access to or use of Products by
during the Term of Agreement. consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may
"Master Agreement" means the applicable master not permit its consultants or contractors to install
agreement for Esri Products incorporated by this Software or Data on consultant, contractor, or
https://www.esri.com/en-
reference that is (i) found at third-party computers or remove Software or
us/legal/terms/full-master-agreement and available in
Data from Customer locations, except for the
the installation process requiring acceptance by purpose of hosting the Software or Data on
electronic acknowledgment or (ii) a signed Esri Contractor servers for the benefit of Customer.
master agreement or license agreement that
supersedes such electronically acknowledged
3.0—TTE
,,
ERM ERMINATION AND XPIRATION
master agreement.
3.1 Term. This Agreement and all licenses
"Product(s)" means the products identified in
hereunder will commence on the Effective Date
Table A—List of Products and any updates to the list
and continue for the duration identified in the
Esri provides in writing.
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
"Quotation" means the offer letter and quotation
is only authorized to use Products during the
provided separately to Customer.
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
"Technical Support" means the technical
indefinite or a perpetual license to Products.
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
3.2 No Use upon Agreement Expiration or
workarounds, replacement deliveries, or any other
Termination. All Product licenses, all
type of Product corrections or modifications.
Maintenance, and Esri User Conference
registrations terminate upon expiration or
"Tier 1 Help Desk" means Customer's point of
termination of this Agreement.
contact(s) to provide all Tier 1 Support within
Customer's organization(s).
3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
"Tier 1 Support" means the Technical Support
breach by the other party. The breaching party
provided by the Tier 1 Help Desk.
will have thirty (30) days from the date of written
notice to cure any material breach.
"Tier 2 Support" means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
3.4 Termination for Lack of Funds. For an
cannot be resolved through Tier 1 Support.
Agreement with government or government-
Page 3 of 6 September 25, 2020
15
owned entities, either party may terminate this than the defined Products will receive Maintenance.
Agreement before any subsequent year if Customer may acquire maintenance for other
Customer is unable to secure funding through Software outside this Agreement.
the legislative or governing body's approval
process. a. Tier 1 Support
3.5 Follow-on Term. If the parties enter into 1. Customer will provide Tier 1 Support
another agreement substantially similar to this through the Tier 1 Help Desk to all
Agreement for an additional term, the effective Customer's authorized users.
date of the follow-on agreement will be the day
after the expiration date of this Agreement. 2. The Tier 1 Help Desk will be fully trained in
the Products.
3. At a minimum, Tier 1 Support will include
4.0—PU
RODUCT PDATES
those activities that assist the user in
resolving how-to and operational questions
4.1 Future Updates. Esri reserves the right to
as well as questions on installation and
update the list of Products in Table A—List of
troubleshooting procedures.
Products by providing written notice to
Customer. Customer may continue to use all
4. The Tier 1 Help Desk will be the initial point
Products that have been Deployed, but support
of contact for all questions and reporting of a
and upgrades for deleted items may not be
Case. The Tier 1 Help Desk will obtain a full
available. As new Products are incorporated into
description of each reported Case and the
the standard program, they will be offered to
system configuration from the user. This
Customer via written notice for incorporation into
may include obtaining any customizations,
the Products schedule at no additional charge.
code samples, or data involved in the Case.
Customer's use of new or updated Products
requires Customer to adhere to applicable
5. If the Tier 1 Help Desk cannot resolve the
additional or revised terms and conditions in the
Case, an authorized Tier 1 Help Desk
Master Agreement.
individual may contact Tier 2 Support. The
Tier 1 Help Desk will provide support in such
4.2 Product Life Cycle. During the Term of
a way as to minimize repeat calls and make
Agreement, some Products may be retired or
solutions to problems available to
may no longer be available to Deploy in the
Customer’s organization.
identified quantities. Maintenance will be subject
to the individual Product Life Cycle Support
6. Tier 1 Help Desk individuals are the only
Status and Product Life Cycle Support Policy,
individuals authorized to contact Tier 2
which can be found at
Support. Customer may change the Tier 1
https://support.esri.com/en/other-
Help Desk individuals by written notice to
resources/product-life-cycle. Updates for
Esri.
Products in the mature and retired phases may
not be available. Customer may continue to use
b. Tier 2 Support
Products already Deployed, but Customer will
not be able to Deploy retired Products.
1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.
5.0—M
AINTENANCE
2. Tier 2 Support will review all information
collected by and received from the Tier 1
The Fee includes standard maintenance benefits
Help Desk including preliminary documented
during the Term of Agreement as specified in the
troubleshooting provided by the Tier 1 Help
most current applicable Esri Maintenance and
Desk when Tier 2 Support is required.
Support Program document (found at
https://www.esri.com/en-3. Tier 2 Support may request that Tier 1 Help
us/legal/terms/maintenance). At Esri's sole
Desk individuals provide verification of
discretion, Esri may make patches, hot fixes, or
information, additional information, or
updates available for download. No Software other answers to additional questions to
Page 4 of 6 September 25, 2020
16
supplement any preliminary information operate, or allow access to the Products. If this
gathering or troubleshooting performed by is a multi-year Agreement, Esri may invoice the
Tier 1 Help Desk. Fee up to thirty (30) calendar days before the
annual anniversary date for each year.
4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.
b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
5.When the Case is resolved, Tier2 Support
invoice. Esri reserves the right to suspend
will communicate the information to Tier 1
Customer's access to and use of Products if
Help Desk, and Tier 1 Help Desk will
Customer fails to pay any undisputed amount
disseminate the resolution to the user(s).
owed on or before its due date. Esri may charge
Customer interest at a monthly rate equal to the
lesser of one percent (1.0%) per month or the
6.0—EP
NDORSEMENT AND UBLICITY
maximum rate permitted by applicable law on
any overdue fees plus all expenses of collection
This Agreement will not be construed or interpreted
for any overdue balance that remains unpaid
as an exclusive dealings agreement or Customer's
ten (10) days after Esri has notified Customer of
endorsement of Products. Either party may publicize
the past-due balance.
the existence of this Agreement.
c. Esri's federal ID number is 95-2775-732.
7.0—AR
d. If requested, Esri will ship backup media to the
DMINISTRATIVE EQUIREMENTS
ship-to address identified on the Ordering
7.1 OEM Licenses. Under Esri's OEM or Solution Document, FOB Destination, with shipping
OEM programs, OEM partners are authorized to charges prepaid. Customer acknowledges that
embed or bundle portions of Esri products and should sales or use taxes become due as a
services with their application or service. OEM result of any shipments of tangible media, Esri
partners' business model, licensing terms and has a right to invoice and Customer will pay any
conditions, and pricing are independent of this such sales or use tax associated with the receipt
Agreement. Customer will not seek any discount of tangible media.
from the OEM partner or Esri based on the
availability of Products under this Agreement.
8.2 Order Requirements. Esri does not require
Customer will not decouple Esri products or
Customer to issue a purchase order. Customer
services from the OEM partners' application or
may submit a purchase order in accordance with
service.
its own process requirements, provided that if
Customer issues a purchase order, Customer
7.2 Annual Report of Deployments. At each
will submit its initial purchase order on the
anniversary date and ninety (90) calendar days Effective Date. If this is a multi-year Agreement,
prior to the expiration of this Agreement, Customer will submit subsequent purchase
Customer will provide Esri with a written report orders to Esri at least thirty (30) calendar days
detailing all Deployments. Upon request, before the annual anniversary date for each
Customer will provide records sufficient to verify year.
the accuracy of the annual report.
a. All orders pertaining to this Agreement will be
processed through Customer's centralized point
8.0—OA of contact.
,
RDERING DMINISTRATIVE
PD
,,
ROCEDURES ELIVERY AND
b. The following information will be included in
D
EPLOYMENT
each Ordering Document:
8.1 Orders, Delivery, and Deployment
(1) Customer name; Esri customer number, if
known; and bill-to and ship-to addresses
a. Upon the Effective Date, Esri will invoice
(2) Order number
Customer and provide Authorization Codes to
(3) Applicable annual payment due
activate the nondestructive copy protection
program that enables Customer to download,
Page 5 of 6 September 25, 2020
17
9.0—
M,A,
ERGERSCQUISITIONS OR
D
IVESTITURES
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 (iii) a
transfer or sale of all or part of Customer's
organization (subsections i, ii, and iii, collectively
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
the Products to Customer or uninstall, 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 will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.
Page 6 of 6 September 25, 2020
18
City of Tukwila
Allan Ekberg, Mayor
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City of Tukwila
21
CA Revised 1-
{KZS2490554.DOCX;1/13175.000001/ }
2013Page 2 of 7
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CA Revised 1-
{KZS2490554.DOCX;1/13175.000001/ }
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CA Revised 1-
{KZS2490554.DOCX;1/13175.000001/ }
2013Page 4 of 7
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CA Revised 1-
{KZS2490554.DOCX;1/13175.000001/ }
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CA Revised 1-
{KZS2490554.DOCX;1/13175.000001/ }
2013Page 6 of 7
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CA Revised 1-
{KZS2490554.DOCX;1/13175.000001/ }
2013Page 7 of 7
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City of Tukwila
Allan Ekberg, Mayor
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Review and analysis by Barbara Saxton
31
Review and analysis by Barbara Saxton
32
Review and analysis by Barbara Saxton
33
Review and analysis by Barbara Saxton
34
Resolution No. ____, November ____, 2021
35
Safety:
36
Liquidity:
Yield:
37
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City of Tukwila
Allan Ekberg, Mayor
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