GLYNN COUNTY BOARD OF COMMISSIONERS Geographical Information Systems

Size: px

Start display at page:

Download "GLYNN COUNTY BOARD OF COMMISSIONERS Geographical Information Systems"

Charleen Clarke
5 years ago
Views:

GLYNN COUNTY BOARD OF COMMISSIONERS Geographical Information Systems 1725 Reynolds Street, Suite 205, Brunswick, GA 31520 912-554-7418 MEMORANDUM To: VIA: From: Subject: Board of Commissioners

1 GLYNN COUNTY BOARD OF COMMISSIONERS Geographical Information Systems 1725 Reynolds Street, Suite 205, Brunswick, GA MEMORANDUM To: VIA: From: Subject: Board of Commissioners Finance Committee Robert S. Nyers, GIS Manager ESRI Enterprise License Agreement Date: December 11, 2017 DISCUSSION: This is a request to approve the continuation of an agreement to allow the City of Brunswick and the Joint Water and Sewer Commission to utilize Glynn County s GIS software as part of an Enterprise License Agreement. The City of Brunswick will make payment of $5,000 and the Joint Water and Sewer Commission will make payment of $7,000 to the Glynn County Board of Commissioners for their participation in this agreement. ALTERNATIVES 1. Approve the agreement for the City of Brunswick and the Joint Water and Sewer Commission to utilize Glynn County s GIS software. 2. Suggest other alternatives. RECOMMENDATION: Alternative 1. MOTION FOR FINANCE COMMITTEE: I move to recommend that the Board of Commissioners approve the continuation of the Enterprise License Agreement which allows the City of Brunswick and the Joint Water and Sewer Commission to utilize Glynn County s GIS software. MOTION FOR BOARD OF COMMISSIONERS: I move to approve the continuation of the Enterprise License Agreement which allows the City of Brunswick and the Joint Water and Sewer Commission to utilize Glynn County s GIS software.

2 AGREEMENT BET\VEEN GLYNN COUNTY AND THE CITY OF BRUNSWICK FOR USE OF GIS SOFT\VARE THIS AGREEMENT, is made and entered into on the date last written below, by and between GLYNN COUNTY, GEORGIA, a political subdivision of the State of Georgia, acting by and through its Board of Commissioners (hereinafter referred to as the "County"), and the CITY OF BRUNSWICK, a Georgia municipal corporation, acting by and through its Commission (hereinafter referred to as the "City"). \VITNESSETH: WHEREAS, the County has entered into Small Enterprise License Agreement No. and License Agreement No. (herein, collectively, the "ELA") last signed on November_, 2017, with Environmental Systems Research Institute, Inc. ("Esri"), for licensing certain rights to use and deploy specific Esri Software, Data, Web services, and Documentation; and \VHEREAS, pursuant to the ELA, the County is authorized to Deploy specific Esri Enterprise Products to an Authorized Entity provided the Authorized Entity signs an Authorized Entity Acknowledgment Statement and agrees to be bound by the terms and conditions of the ELA; and WHEREAS, the City desires to utilize the Esri Enterprise Products identified in the ELA; and \VHEREAS, the City has executed an Authorized Entity Acknowledgement Statement, attached hereto as Exhibit "A" and incorporated herein by reference and made a part hereof; and \VHEREAS, the City and County agree that the City is an Authorized Entity; and \VHEREAS, the City agrees to pay to the County a fee for the Deployment of the Esri Enterprise Products; NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, and other good and valuable consideration, it is hereby agreed by and between the County and the City as follows: 1. Definitions. Any terms used herein that are defined in the ELA, including but not limited to, "Data", "Deploy", "Deployed", "Deployment", "Documentation", "Fee", "Products", "Software", and "Web Services" shall have the meaning given to them in the ELA. 2. ELA Terms and Conditions. The City acknowledges that it has received and read the ELA terms and conditions, and understands, and agrees to be bound by the ELA terms and conditions, for use of any Enterprise Products received from the County. A copy of

3 the ELA is attached hereto as Exhibit "B" and is incorporated herein by reference and made a part hereof. 3. Term. The initial term of this Agreement shall begin on December 1, 2017, and shall end concurrently with the end of the initial term of the ELA on November 30, 2018, unless otherwise terminated as provided herein. This Agreement shall automatically renew for two (2) additional terms of one (1) year each, unless the City provides written notice of non-renewal to the County sixty ( 60) days prior to the date of renewal. If the ELA should be terminated then this Agreement shall automatically terminate. 4. Termination. Either party may terminate this Agreement for any reason at any time upon sixty (60) days written notice. Notice shall be deemed given on the date sent, if sent certified mail to the address for notice shown herein. 5. Fee. The City shall pay the County a fee in the amount of Five Thousand and 00/100 Dollars ($5,000.00). The fee shall be paid to County upon execution of this Agreement by the City and then each year on the anniversary date of this agreement. The fee is nonrefundable. 6. Deployment and Use of Software. Within five (5) days ofreceipt of the fee from the City, the County shall Deploy to the City the Esri Enterprise Products identified in the ELA. The City shall use the Enterprise Products in accordance with the ELA. 7. Desktop Software with Extensions. The County agrees to Deploy Desktop Software with Extensions to the City for the sole use and benefit of the City. The number of Desktop Software and add on Extensions Deployed to the City shall not exceed the number of Desktop Software with Extensions utilized by the County. 8. Training. The City may utilize a portion of the Self-Paced e-learning allowance provided to the County in the ELA. The City's use of this training shall be coordinated through the County's GIS Manager. 9. Technical Support. The County agrees to provide the City with Technical Support in accordance with the ELA. 10. Notice. All notices pursuant to this Agreement shall be served as follows: As to the County: As to the City: County Manager 1725 Reynolds Street, Suite 302 Brunswick, GA City Manager 601 Gloucester Street Brunswick GA

4 11. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto as to all matters contained herein. No other writings or oral agreements or conversations shall affect or modify any of the terms or obligations herein contained. All subsequent changes to this Agreement must be in writing and signed and dated by both parties. This Agreement is for the benefit of the parties hereto only and is not intended to benefit any third party or to give rise to any duty or causes of action for any third party. No provision in this Agreement is intended to nor shall it be construed to in any way to waive immunities or protections provided to either party by the Constitution and laws of the State of Georgia. 12. Severability. If any of the terms of this Agreement shall be finally determined to be invalid or unenforceable in whole or in part, the remaining provisions hereof shall remain in full force and effect, and be binding upon the parties hereto. 13. Law. This Agreement shall be interpreted and construed under the laws of the State of Georgia. 14. Execution in Duplicates. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. IN \-VITNESS WHEREOF, the County and the City, acting through their duly authorized agents, have caused this Agreement to be signed and delivered on the date last set forth below. GLYNN COUNTY, GEORGIA: By: BILL BRUNSON, Chairman Date: Attest: ~~~~~~~~~~~~~~~ CINDEE OVERSTREET, Clerk (SEAL) By: Date:~~ (SEAL) Page 3 of 3

5 AGREEMENT BETWEEN GLYNN COUNTY, GEORGIA AND THE BRUNSWICK-GLYNN COUNTY JOINT WATER AND SEWER COMMISSION FOR USE OF GIS SOFTWARE THIS AGREEMENT, is made and entered into on the date last written below, by and between GLYNN COUNTY, GEORGIA, a political subdivision of the State of Georgia, acting by and through its Board of Commissioners (hereinafter referred to as the "County"), and the BRUNSWICK-GLYNN COUNTY JOINT WATER AND SEWER COMMISSION, a public corporation created by Local Act of the General Assembly of the State of Georgia, acting by and through its Commissioners (hereinafter referred to as the "JWSC"). WITNESSETH: WHEREAS, the County has entered into Small Enterprise License Agreement No. (herein the "ELA") last signed on November _, 2017, with Environmental Systems Research Institute, Inc. ("Esri"), for licensing certain rights to use and deploy specific Esri Software, Data, Web services, and Documentation; and WHEREAS, pursuant to the ELA, the County is authorized to Deploy specific Esri Enterprise Products to an Authorized Entity provided the Authorized Entity signs an Authorized Entity Acknowledgment Statement and agrees to be bound by the terms and conditions of the ELA; and WHEREAS, the JWSC desires to utilize the Esri Enterprise Products identified in the ELA; and WHEREAS, the JWSC has executed an Authorized Entity Acknowledgement Statement, attached hereto as Exhibit "A" and incorporated herein by reference and made a part hereof; and WHEREAS, the JWSC and County agree that the JWSC is an Authorized Entity; and WHEREAS, the JWSC agrees to pay to the County a fee for the Deployment of the Esri Enterprise Products; NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, and other good and valuable consideration, it is hereby agreed by and between the County and the JWSC as follows: 1. Definitions. Any terms used herein that are defined in the ELA, including, but not limited to, "Data", "Deploy", "Deployed", "Deployment", "Documentation", "Fee", "Products'', "Software", and "Web Services" shall have the meaning given to them in the ELA. 2. ELA Terms and Conditions. The JWSC acknowledges that it has received and read the ELA terms and conditions, and understands, and agrees to be bound by the ELA terms and conditions, for use of any Enterprise Products received from the County. A copy of Page 1of4

6 the ELA is attached hereto as Exhibit "B" and is incorporated herein by reference and made a part hereof. 3. Term. The initial term of this Agreement shall begin on December 1, 2017, and shall end concmtently with the end of the initial term of the ELA on November 30, 2018, unless otherwise terminated as provided herein. This Agreement shall automatically renew for two (2) additional terms of one (1) year each unless the JWSC provides written notice of non-renewal to the County sixty (60) days prior to the date ofrenewal. If the ELA should be terminated then this Agreement shall automatically terminate. 4. Termination. Either party may terminate this Agreement for any reason at any time upon sixty (60) days written notice. Notice shall be deemed given on the date sent, if sent certified mail to the address for notice shown herein. 5. Fee. The JWSC shall pay the County a fee in the amount of Seven Thousand and 00/100 Dollars ($7,000.00). The fee shall be paid to County upon execution of this Agreement by the JWSC and then each year on the anniversary date of this agreement. The fee is non-refundable. 6. Deployment and Use of Software. Within five (5) days of receipt of the fee from the JWSC, the County shall Deploy to the JWSC the Esri Enterprise Products identified in the ELA. The JWSC shall use the Enterprise Products in accordance with the ELA. 7. Desktop Software with Extensions. The County agrees to Deploy Desktop Software with Extensions to the.jwsc for the sole use and benefit of the JWSC. The number of Desktop Software and add on Extensions Deployed to the JWSC shall not exceed the number of Desktop Software with Extensions utilized by the County. 8. Training. The JWSC may utilize a portion of the Self-Paced e-learning allowance provided to the County in the ELA. The JWSC's use of this training shall be coordinated through the County's GIS Manager. 9. Technical Support. The County agrees to provide the JWSC with Technical Support in accordance with the ELA. 10. Notice. All notices pursuant to this Agreement shall be served as follows: As to the County: As to the JWSC: Copy to: County Administrator 1725 Reynolds Street, Suite 302 Brunswick, GA Executive Director 700 Gloucester Street, Suite 300 Brunswick, GA Charles A. Dorminy Page 2 of 4

7 Attorney for BGJWSC 3528 Darien Highway, Suite 300 Brunswick, GA Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto as to all matters contained herein. No other writings or oral agreements or conversations shall affect or modify any of the terms or obligations herein contained. All subsequent changes to this Agreement must be in writing and signed and dated by both parties. This Agreement is for the benefit of the parties hereto only and is not intended to benefit any third party or to give rise to any duty or causes of action for any third party. No provision in this Agreement is intended to nor shall it be construed to in any way to waive immunities or protections provided to either party by the Constitution and laws of the State of Georgia. 12. Severability. If any of the terms of this Agreement shall be finally determined to be invalid or unenforceable in whole or in part, the remaining provisions hereof shall remain in full force and effect, and be binding upon the parties hereto. 13. Law. This Agreement shall be interpreted and construed under the laws of the State of Georgia. 14. Execution in Duplicates. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. IN WITNESS. WHEREOF,. the County and the JWSC, acting through their duly authorized agents, have caused this Agreement to be signed and delivered on the date last set forth below. GLYNN COUNTY, GEORGIA: By: BILL BRUNSON, Chairman Date: Attest: ~~~~~~~~~~~~~~~ CINDEE OVERSTREET, Clerk (SEAL) Page 3 of 4

8 BRUNSWICK-GLYNN COUNTY WATER AND SEWER COMMISSION: By: Dlfu,l~ ~l. oc0f Date: DONALD M. ELLIOTT, Chairman (SEAL) Page 4 of 4

MEMO Reynolds Street, Suite 200, Brunswick, GA Phone: /Fax: Date: May 31, 2012

MEMO Reynolds Street, Suite 200, Brunswick, GA Phone: /Fax: Date: May 31, 2012 MEMO COMMUNITY Jachens DEVELOPMENT Land Surveying, DEPARTMENT Inc. P.O. Box 1720 Hinesville, GA 31310-8720 Phone - 912.572.3395 1725 Reynolds Street, Suite 200, Brunswick, GA 31520 Phone: 912-554-7428/Fax: