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HomeMy WebLinkAboutCommunication 23 Quote from Esri re Consulting ServicesMtY OF N� �+ • i,�- JAMAE KAWAUCHI *: County Clerk . • _ • a a ■�� OFFICE OF THE COUNTY CLERK Elections Division County of Hawaii Hawaii County Building 25 Aupuni Sheet Hilo, Hawaii 96720 2011 HAWAI `I COUNTY REDISTRICTING COMMISSION To: Rene Siracusa, Commission Chair From: Patricia Nakamoto, Elections Program Administrator Re: ESRI Professional Services Quote For: ESRI Redistricting Consulting Services D ate : July 14, 2011 Chair Siracusa, Mr. Royce Jones LISP I Hawaii- Pacific Islands Region Manager has looked into a couple of options to provide support to the Hawai` i County Redistricting Commission and the Elections Division. He has also included an option to provide support to the public in the use of the Hawaii Redistricting Online. If you have any questions regarding this matter, please do not hesitate to contact me. Patricia Nakamoto Elections Program Administrator cc: Karen Eoff, Commission Secretary Redistricting Commission Members COMM. 23 Hawai 'i County is an equal opportunity provider and employer. ESRI PROFESSIONAL SERVICES QUOTE FOR: ESM REDISTRICTING CONSULTING SERVICES Copyright (0 2011 Esri All ri hts d. .nt e in rm exclusive property of Esri. This work is protected under United States copyri other inter conventions. Esri grants proposal recipient the right to internally redistri ent to proposal re staff on a need -to -know basis, so long as proposal recipient does not re cure any Esri or its li ht, trademark, or proprietary rights notices contained in or affixed to this No part of this work m ansmitted to third parties (except for consultants under a confidentiality ti cess) in any form or by any means, electronic or mechanical, inc g n storage or retrieval system, except as expressly permitted i ti Es s and Legal Services Manager, Esri, 380 New 8100 U ' T nformation contai 'n t ocument is subject to c ou L i U.S. GOVERNME ES D /LIMITED RIG L RAL PROCUREMENT ONLY) Any software, documentati d /or delivered hereunder is s the' License Agreement. In no event shall U.S. Government acquire ' er th STRICTED /LIMITED S. m, use, duplication, or disclosure by U.S. Government is subj e tri h in 2 It d III (DEC 2007); FAR §52.227- (DEC 2007) and /or FAR 1/1 om are); and DFARS §252.227 -7015 V 1995 (Technical D , a . Contractor /Manufacturer is Esri, RKS AND SERVI 3D Analyst, ACORN. Addre AML, ArcAtlas, A Q I o , ArcCOGO, Arc Data Arc Do Ar cEditor, ArcEurope, ArcExplor s, ArcGIS, ArcGl cG S. ARC /INFO, ArcInfo, ArcInfo Li cLessons, ArcLocation, Arc Log ap, ArcNetwor , ew ects, ArcOpen, ArcPad, ArcPlot, ArcP _ cPy, ArcReader, ArcScan, Arcs ool, ArcScripts, cSketch, ArcStorm, ArcSurvey, ArcTI oolbox, ArcTo age Web, ArcWorld, ArcXML, Atlas GIS, , sMAP, CommunityInfo, Database Integrator S People, Esri —The GIS Software Leader graphic Desi , Geograp y y Network, GIS by Esri, GIS Day, to Server, JTX, MapIt, Ma apObjects, MapSt uilder, MOLE, MPS Atlas, PLTS, L, Sourcebook•America, Sp se Engine, St estry, the ARC /INFO logo, the ArcGIS rer logo, the ArcPad logo,the e logo, the Es , the GIS Day logo, the MapIt logo, The klo�graphic Ad The Geographic Approac orld's Lea p GIS, Water Writes w.esri.co . eo ra hyne o Y Y Y. is.co _ _ , Y Y Y and o eo ra is Information S stem are trademarks. re inter ar1 the nit ,the European Community, or certain other jurisdictions. Other companie ned herein trade gistered trademarks of their respective trademark ers. Introduction: The County of Hawaii (County) has requested Environmental Systems Research Institute, Inc. (Esri) Professional Services to provide consulting services for the Esri Redistricting solution. The quote below describes the scope of services, schedule, pricing, terms and conditions, and purchasing instructions. Scope of Services: Esri will provide up to 20 hours of consulting services to assist the County with technology transfer topics related to using the features provided with the Esri Redistricting solution. Examples of topics include creating and designing district plans, editing or modifying districts, reviewing plans, and sharing and publishing plans. This activity will be supported remotely from Esri's offices. The Esri consultant will work with direction from the County's technical staff and management. Esri Responsibilities • Provide up to 20 hours of consulting services as described above. County Responsibilities 0 Communicate consulting needs and priorities to the Esri consultant. • Provide appropriate County staff to work with the Esri consultant. Assumptions Pricing assumes all consulting services will be performed remotely from Esri's offices and no travel will be required. Schedule: The project schedule will be mutually agreed upon between the County and Esri within 10 days after contract award. 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 $5,958.30 and is based on the standard Esri terms and conditions contained in the attached Implementation Services Terms and Conditions (G363B dated 06/14/2010) document. This quote is valid for a period of 90 days from the submittal date above. This price is exclusive of any applicable federal, state and /or local taxes, in addition to the tax estimate listed below, for which the County shall remain responsible. Esri anticipates using staff from the Senior GIS System /Software Architect (S3) labor category. Depending on the level of expertise required to perform certain activities during this engagement, Esri may be required to utilize other Esri staff members with a different skill -set and labor category. The following table shows the proposed NTE pricing for this work by Activity. Price by Activity Activity Description Estimated Labor ($) Estimated Travel ($) NTE Price Esri Redistricting Consulting Services $51720 $0 $59720.00 Tax Estimate* $238.30 Total Not -to- Exceed (NTE) Price: $59958.30 * The Tax Estimate is based on a tax rate of 4.166% and is subject to change in accordance with state and local government tax regulations in place at the time the work is performed. 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, the County 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, the County 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 the County chooses to stop work, Esri will do so without liability. Esri reserves the right to reallocate the project funding between Scope of Services activities and /or ODC items, as necessary to facilitate the work effort, provided the overall contract price is not exceeded. All work will be accomplished in accordance with the Scope of Services with the deliverable being consulting time. If additional work is requested by the County in writing beyond the scope of this quote, Esri will provide an updated quote. The County 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. 1. Purchase Order: In the amount of the Total NTE Price above • Referencing this quote (P11 -5903) • Referencing the attached Terms and Conditions (G363B dated 06/14/2010) 2. Attached Terms and Conditions (G363B dated 06/14/2010) signed by an authorized member of your organization. 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: % 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 2011. 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/Project Manager (M1) Hourly Rate: $220/Hour Staff members 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 members 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 financial reporting is provided according to contract requirements. Senior GIS Consultant/Project Manager (M2) Hourly Rate: $277/Hour Staff members 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 members have market /application 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 defining 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 members 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 members 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 defining program requirements and objectives, establishing budgets and schedules, allocating staff and other resources, and managing and overseeing subcontractor activities. Staff members 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 members 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 programs 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 members 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 members 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 lbe• sri 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, or 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 party. 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 G363B Page 1 of 3 06/14/2010 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 original proposal or resulting order, Esri reserves the right to escalate labor rates up to five percent (5 %) per calendar year. 5. LIMITED 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 EXCLUSIVE 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 software 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 agreement 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 G363B Page 2 of 3 06/14/2010 person or entity on the U.S. Commerce Department's Table of Denial Orders; or (iv) any person or entity where such export, 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 taxes 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 California without reference to its conflict of laws principles. 9.8 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 authority 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. By: Print Name: Organization ( "Licensee "): Address: City: Date: Phone: ( State: ZIP Code: G363B Page 3 of 3 06/14/2010