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HomeMy WebLinkAboutContract 37426 (2)Your Name Your Location CITY OF FORT WORTH 1000 Throckmorton St Fort Worth TX 76102 ORACLE CONTRACT INFORMATION Y S F.CRETARY Jos% MRACT NO. 31q ... Your Contact Phone Number Email Address Julie Smith 817-392-8579 iulie.smith difortworthgov.org Agreement: Software License and Services Agreement Agreement Name: US-PSFT-SLSA-PS2033898-US-25-MAR-2004 This ordering document incorporates by reference the terms of the agreement specified above. The following defined and capitalized terms in the referenced agreement between you and Oracle USA, Inc. (formerly known as PeopleSoft USA, Inc.) hereinafter "Oracle" shall have the same meaning as the stated terms in this ordering document: "Agreement" and "agreement"; "Licensee" and "you"/"your"; "Software" and "program"; "Support Services" and "technical support"; "Documentation" and "program documentation"; "Third Party Software" and "third party programs"; "Schedule" and "ordering document"; and "Supportable Modules" and "supportable programs". A. Description and Fees for Ordered Programs and Services You have ordered the program licenses and 221 days of technical support services described below: Listed below is a summary of net fees due under the ordering document. These fees are in US Dollars and are exclusive of any applicable shipping charges or applicable taxes. Enterprise Product Description /License Type PeopleSoft Enterprise Support - Reported Budget Perpetual License Software Update License &Support ®FFICIAL RECORD CITY SECRETARY FT. WORTH, TX Discount Quantity List Fee of 75,000,000 Net Fee 2607372 - 1.Jason.Farrow -' Issued by ORACLE USA, INC. 17-APR- 2008 Page 1 of 6 PeopleSoft Enterprise Support for Customer Self Service -Reported 75,000,000 Budget Perpetual License Software Update License &Support PeopleSoft Enterprise CTI Integration -Reported Budget Perpetual 75,000,000 License Software Update License &Support PeopleSoft Enterprise Multichannel Interactions -Reported Budget 75,000,000 Perpetual License Software Update License &Support List Fee Discount % Net Fee Oracle Programs License Fees 60,774.00 Oracle Programs Support Fees 8,095.23 Net Fee 68,869.23 Total Fees 68,869.23 2607372 - 1.Jason.Farrow Issued by ORACLE USA, INC. 17-APR- 2008 Page 2 of 6 B. General Terms 1. Commencemenf Date All program licenses and the period of performance for all services are effective upon shipment of tangible media or upon the effective date of this ordering document if shipment of tangible media is not required. 2. Fees, Invoicing, and Payment Obligation a. All fees due under this ordering document shall be non -cancelable and the sums paid nonrefundable, except as provided in the agreement. b. In entering into payment obligations under this ordering document, you agree and acknowledge that you have not relied on the future availability of any program or updates. However, (a) if you order technical support for programs licensed under this ordering document, the preceding sentence does not relieve Oracle of its obligation to provide such technical support under this ordering document, if and when available, in accordance with Oracle's then current technical support policies, and (b) the preceding sentence does not change the rights granted to you for any program licensed under this ordering document, per the terms of this ordering document and the agreement. 3. Delivery and Installation a. You shall be responsible for installation of the software. 4. Source Code Oracle may deliver source code as part of its standard delivery for particular programs; all source code delivered by Oracle is subject to the terms of the agreement, ordering document and program documentation. 5. Order of Precedence In the event of any inconsistencies between the agreement and this ordering document, this ordering document shall take precedence. 6. Segmentation The program licenses provided in this ordering document are offered separately from any other proposal for consulting services you may receive or have received from Oracle and do not require you to purchase Oracle consulting services. 7. General Terms -Invoicing GSA In accordance with the agreement: (i) license fees are invoiced as of the commencement date; and (ii) service fees are invoiced after the performance of the service, for technical support, services fees are invoiced quarterly in arrears from the commencement date. 2607372 - 1.Jason.Farrow Issued by ORACLE USA, INC. 17-APR- 2008 Page 3 of 6 8. Territory The program licenses and services described in section A are for use in the U.S. C. Other 1. Technical Support For purposes of the ordering document, technical support consists of 221 days of technical support services you may have ordered for the supportable programs. The term "supportable programs" refers to those programs for which Oracle offers annual technical support services, including third party programs specifically designated on the order as supportable programs. If ordered, annual technical support (including first year and all subsequent years) is provided under Oracle's technical support policies in effect at the time the services are provided. The technical support policies, incorporated in this agreement, are subject to change at Oracle's discretion; however, Oracle will not materially reduce the level of services provided for supported programs during the period for which fees for technical support have been paid. You should review the policies prior to entering into the ordering document for the applicable services. You may access the current version of the technical support policies at http://oracle. com/contracts. Technical support is effective upon the effective date of the ordering document, from August 15�', 2008 to March 24`h, 2009; unless otherwise stated in your order. If your order was placed through the Oracle Store, the effective date is the date your order was accepted by Oracle. Software Update License &Support (or any successor technical support offering to Software Update License &Support, "SUES") acquired with your order may be renewed annually and, if you renew SUES for the same number of licenses for the same programs, for the first and second renewal years the fee for SULS, will not increase by more than 4% over the prior year's fees. There is no cap on fee increases for SULS for third party programs; unless otherwise provided in your order, the SULS fee for third party programs that are identified as supportable programs licensed pursuant to an ordering document will equal the fee in effect at the time SULS is renewed. If your order is fulfilled by a member of Oracle's partner program, the fee for SULS for the first renewal year will be the price quoted to you by your partner; the fee for SULS for the second renewal year will not increase by more than 4% over the prior year's fees. There is no cap on fee increases for SULS for third party programs; unless otherwise provided in your order, the SULS fee for third party programs that are identified as supportable programs licensed pursuant to an ordering document will equal the fee in effect at the time SULS is renewed. If you decide to purchase technical support for any license within a license set, you are required to purchase technical support at the same level for all licenses within that license set. You may desupport a subset of licenses in a license set only if you agree to terminate that subset of licenses. The technical support fees for the remaining licenses will be priced in accordance with the technical support policies in effect at the time of termination. Oracle's license set definition is available in the current technical support policies. If you decide not to purchase technical support, you may not update any unsupported program licenses with new versions of the program. 2. Pricing Pursuant to Expansion The program licenses in section A with the license type Reported Revenues are ordered and subject to the applicable fees and terms of the ordering document between you and Oracle dated 25-MAR-2004. As of the effective date of this ordering document, your actual Reported Revenues is greater than or equal to 250,000,000. The Summary lists the program licenses acquired prior to the effective date, program licenses acquired under this ordering document and the total number of program licenses acquired to date. 2607372 - 1.Jason.Farrow Issued by ORACLE USA, INC. 17-APR- 2008 Page 4 of 6 3. Twelve Month Technical Support Fee For the purposes of paragraph 3 in section C.1, the prior year's fee for the first renewal year is based on 12 months of technical support and is equal to $13,370,28, By signing below, the parties agree that the agreement and this ordering document constitute the entire agreement between the parties with regard to the subject matter herein and as such, no other preprinted, non -negotiated or other terms and conditions, on the customer's purchase order or elsewhere, shall apply. The offer is valid through 15-AUG-2008 and shall become binding upon execution by you and acceptance by Oracle. CITY OF FORT WORTH Signature Name Title Signature Date Effective Date OFFICIAL RECORD CITY SECRETARY FT. !NORTH, TX ORACLE USA, INC. Signature O Fernan _ ,,._���ar�a�@iVame M515tan Title —,!/— OS Signature Date ( to be completed by Oracle ) CITY ATTORNEY ViidirY�'J Cdii��i�� !►utharizatio>a r, W0 2607372 - 1.Jason.Farrow Issued by ORACLE USA, INC. 17-APR- 2008 Page 5 of 6 SUMMARY EXHIBIT TOTAL NUMBER OF PROGRAM LICENSE NUMBER OF PROGRAM NUMBER OF PROGRAM PROGRAM LICENSES TYPES ACQUIRED LICENSES LICENSES ACQUIRED ACQUIRED AS OF THE PRIOR TO EFFECTIVE UNDER SECTION A EFFECTIVE DATE DATE (UNDER THIS ORDERING DOCUMENT Peoplesoft Enterprise: Reported 250,0001000 75,000,000 325,000,000 Revenues • Support ® Support for Customer Self Service • CTllntegration • Multichannel Interactions 2607372 - 1.Jason.Farrow Issued by ORACLE USA, INC. 17-APR- 2008 Page 6 of 6 COUNCIL ACTION: Approved on 7/22/2008 DATE: Tuesday, July 22, 2008 LOG NAME: 600RACLE LICENS ELM REFERENCE NO.: *'"C-22931 SUBJECT: Authorize Payment to Oracle USA in an Amount Not to Exceed $71,836.26 for Incremental Licensing and Program Support Fees for the PeopleSoft Customer Relationship Management System Used by the Water Department RECOMMENDATION: It is recommended that the City Council authorize payment to Oracle USA in an amount not to exceed $71,836.26 for incremental licensing and program support fees for the PeopleSoft Customer Relationship Management system used by the Water Department. DISCUSSION: On August 12, 2003, (M&C C-19708) the City Council authorized the Water Department to implement a series of strategic information technology systems. The implementation included the migration of paper - based water and sewer data into the City's Geographic Information System, the implementation of a Customer Relationship Management (CRM) System to support customer service and billing operations and the implementation of a Maintenance Management System to help manage the life -cycle costs of the Water Department's assets. In March of 2004, as a part of implementing the systems, the City entered into an assignment agreement with MWH Americas and PeopleSoft USA (acquired by Oracle in 2004, predecessor to Oracle USA) for the license to use and implement the PeopleSoft CRM software. During a review of Water Department technology contracts undertaken by the Water IT management team, it was discovered that the original agreement with PeopleSoft, as assigned, contained a clause that required incremental license fee increases for the use of the software which is triggered at each $25 million increase of the department's base budget beyond the initial $250 million threshold set at the contract's inception. For each base budget increase of $25 million, the license fee would contractually increase by $20,258.00 and, as annual program support fees are based on a percentage of the total license fee, would be accompanied by a proportional increase in annual program support fees. As of the beginning of Fiscal Year 2007-2008, the Water Department's base budget had increased to $311 million. Due to the methodology used in determining the incremental licensing fee, and since no requests were made by Oracle to disclose the base budget figure for the Water Department annually, City staff continued to renew the licenses as per the invoicing documents received from Oracle. Upon review of the contract, it was determined that the Water Department must pay $60,774.00 in additional licensing fees and $11,062.26 in program support fees. The Water Department's CRM system currently uses the PeopleSoft software that is proprietary to Oracle. Upon approval of payment of the fees, staff will work with Oracle to negotiate an amendment to the contract to utilize a more suitable method for calculating the license fee increases and program support fees based on an industry standard metric. FISCAL INFORMATION/CERTIFICATION: Logname: 600RACLE LICENS Page 1 of 2 The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Water and Sewer funds. TO Fund/AccounuCenters FROM Fund/AccounuCenters PE45 539120 0604012 PE45 539120 0704012 Submitted for City Manager°s_ Office by_: Fernando Costa (8476) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: S. Frank Crumb (8207) $35,918.13 $35,918.13 Logname: 60ORACLE LICENS Page 2 of 2