HomeMy WebLinkAboutContract 39479Your Name CITY OF FORT WORTH TEXAS
Your Location INFORMATION SYSTEMS
1000 THROCKMORTON
FORT WORTH
TX 76102
ORACLE CONTRACT INFORMATION
CITY SECRETARY' , c
®NTRACT No . � � �l
Oracle USA, Inc. 500 Oracle Parkway, Redwood Shores, CA
94065
Your Contact
Phone Number
all Address
Glenda Birdow
817392-8354
glenda.birdow@forthworthgov.org
Agreement: Oracle License and Services Agreement
Agreement Name: US-OLSA-28047-20-NOV-2008
This ordering document incorporates by reference the terms of the agreement specified above between you and Oracle USA, Inc. (as
successor in interest to Oracle Corporation, hereinafter "Oracle"). For purposes of this ordering document any reference to "Software
Updates" or "Product Support" in the agreement shall have the same meaning as "Software Update License and Support" in this ordering
document.
A. Description and Fees for Ordered Programs and Services
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.
You have ordered the program licenses and 12 months of technical support services described below:
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rams
Product Description /License Type
PeopleSoft Enterprise Directory Interface -Enterprise Employee Perpetual
License
Software Update License &Support
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Quantity
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30, 596.94
6,731.33
37,328.27
USA, INC. 03-
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List Fee Discount % Net Fee
Oracle Programs License Fees 30,596.94
Oracle Programs Support Fees 62731,33
Net Fee 37,328.27
Total Fees 37,328.27
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3.
4.
General Terms
Commencement 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.
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 (a) you have not relied on
the future availability of any program or updates; (b) you accept sole responsibility for (i) your system configuration, design and
requirements, (ii) the selection of the programs listed in section a to achieve your intended results, and (iii) modifications,
changes or alterations to the programs; (c) you have had an opportunity to review the program documentation, understand the
current functionality of the programs and its ability to work with your systems and to support your business; and (d) you have
made your own evaluation in deciding to order programs listed in section A. However, (a) if you order Software Update License &
Support for programs licensed under this ordering document, the preceding sentence does not relieve Oracle of its obligation to
provide updates 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.
c. In addition to the fees listed in section A, Oracle will invoice you for any applicable shipping charges or applicable taxes.
d. 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; specifically, technical support fees are invoiced quarterly in arrears from the
commencement date.
Delivery and Installation
a. You shall be responsible for installation of the software.
bI Oracle has no delivery obligation under this ordering document. You acknowledge that Oracle has delivered to your location,
1 copy of the software media and 1 set of program documentation (in the form generally available) for each program listed in
section A.
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.
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5.
6.
7
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.
Order of Precedence
In the event of any inconsistencies between the agreement and this ordering document, this ordering document shall take
precedence.
Oracle's License Definitions and Rules
For the purposes of this ordering document only the following License Definitions and Rules shall apply:
Program Documentation: is defined as the program user manual and program installation manuals.
Technical Reference Manuals Technical Reference Manuals ("TRMs") are Oracle's confidential information. You shall use the
TRMs solely for your internal data processing operations for purposes of: (a) implementing applications programs, (b) interfacing
other software and hardware systems to the applications programs and (c) building extensions to applications programs. You shall
not disclose, use or permit the disclosure or use by others of the TRMs for any other purpose. You shall not use the TRMs to
create software that performs the same or similar functions as any of Oracle products. You agree: (a) to exercise either at least
the same degree of care to safeguard the confidentiality of the TRMs as you exercise to safeguard the confidentiality of your own
most important confidential information or a reasonable degree of care, whichever is greater; (b) to maintain agreements with your
employees and agents that protect the confidentiality and proprietary rights of the confidential information of third parties such as
Oracle and instruct your employees and agents of these requirements for the TRMs; (c) restrict disclosure of the TRMs to those of
your employees and agents who have a "need to know" consistent with the purposes for which such TRMs were disclosed; (d)
maintain the TRMs at all times on your premises; and (e) not to remove or destroy any proprietary or confidential legends or
markings placed upon the TRMs. Oracle shall retain all title, copyright and other proprietary rights in the TRMs. TRMs are
provided to you "as -is" without any warranty of any kind. Upon termination, you shall cease using, and shall return or destroy, all
copies of the applicable TRMs.
Technical Support: For purposes of the ordering document, technical support consists of annual technical support services you
may have ordered for the 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 hftp://oracle.com/contracts.
Technical support is effective upon the effective date of the ordering document 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, "SULS")
acquired with your order may be renewed annually and, if you renew SULS 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. 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.
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.
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9.
10
Promotional Discount
In consideration for this order, you have received a special onetime only promotional discount on the programs ordered on this
ordering document.
Territory
The program licenses and services described in section A are for use in the U.S.
Customer Reference
Oracle may orally refer to you as a customer in sales presentations and activities. Upon written consent from you, Oracle may
refer to you as a customer in written sales presentations and marketing vehicles.
C. Future Purchases
1. Expansion
D.
a. If you exceed your licensed quantity you must order the programs (and first year Software Update License &Support for the
programs) at the appropriate license and support fees specified on the attached Expansion Exhibit. The number of additional
program licenses to be ordered shall be equal to the actual number of Enterprise Employees as of the order date less the total
number of licensed quantity (under this ordering document or other ordering documents) rounded up to the next increment on
the attached Expansion Exhibit.
b. The license definitions and program specific terms contained in section D of this ordering document will apply to program
licenses ordered pursuant to this section.
c. Oracle has no delivery obligation for program licenses ordered pursuant to this section.
Program Specific Terms for the Psft and JDE Product Lines
Included Programs -Crystal Reports for PeopleSoft Enterprise
This program is a third party program and it is also a supportable program. You may use this third party program solely in
conjunction with PeopleSoft Enterprise programs you have licensed. "Unlimited users" for purposes of this program means all
users who are authorized by you to use such program.
Included Programs -Crystal Enterprise/BusinessObjects Enterprise for PeopleSoft Enterprise
You acknowledge that this program requires a web application server. This program is a third party program and it is also a
supportable program. You may use this third party program solely in conjunction with PeopleSoft Enterprise programs you have
licensed. A "concurrent access license" is a license for one person to access all features and functions of this program. A
concurrent access license user is accessing the program from the time the concurrent access license user logs onto the
program until the concurrent access license user exits or closes the program.
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3. Included Programs - WebSphere
You may use this program solely in conjunction with PeopleSoft Enterprise programs you have licensed. In addition to the
terms set forth in the agreement and this ordering document, use of this program shall be subject to the terms and conditions
set forth in the "README" and "LICENSE.TXT" files included with the WebSphere program, as those terms may change from
time to time. This third party program is a supportable program.
4. Additional License Rights
Your license for the programs) may include additional license rights. Please review the additional license rights listed on the
PeopleSoft / JD Edwards program table located at http://oracle.com/contracts for additional information.
5. Included Programs -PeopleTools
You may use PeopleTools —Restricted Development and PeopleTools Mobile Agent —Restricted Development to develop
interfaces and modifications, including creation of new application data tables, only to the PeopleSoft Enterprise programs you
have licensed. Oracle will deliver these programs to you per the terms of the Delivery and Installation section.
E. Enterprise Application Specific Terms
1. Applicable to programs with the license type of Enterprise Employee
The value of these program licenses is determined by the number of Enterprise Employees. For these program licenses, the
licensed quantity purchased must, at a minimum, be equal to the number of Enterprise Employees as of the effective date of
your order. If at any time the number of Enterprise Employees exceeds the licensed quantity, you are required to order
additional licenses (and technical support for such additional licenses) such that the number of Enterprise Employees is equal to
or less than the licensed quantity. You are not entitled to any refund, credit or other consideration of any kind if there is a
reduction in the number of Enterprise Employees. In addition, each year 90 days before the anniversary date (defined as the
day and month of the ordering document effective date), you are required to report to Oracle the number of Enterprise
Employees as of such date.
2. Enterprise Employee
Enterprise Employee is defined as all of your full-time, part-time active employees and temporary active employees as well as
your agents, contractors and consultants with active User Ids in the Oracle PeopleSoft system. Agents, contractors, consultants
and temporary active employees without user IDs cannot use, benefit, or have records processed by the programs.
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The offer is valid through 13-1\10V-2009 and shall become binding upon execution by you and acceptance by Oracle.
CITY OF FORT WORTH TEXAS /4� ORACLE USA, INC.
Signature
Name
Title
Signature Date
Effective Date
APPROVED AS TO FORM AND
LEGALITY:
By:
Name:
Title:
Signature Date:
fluL:frV-qSignature
z >2 Name
,Lv SYY}�I i �j y(lA Title
Signature Date
( to be completed by Oracle )
- !
L i A t3 . 1= k
ATTEST: ,
By:
Name: r C t (Lt
Title:
CONTRACT AUTHORIZATION:
M&C:
Date Approved:
2982578 - 4.Mike.Petrarca - Asten.Hall
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Expansion Exhibit
1. Listed below is the license fee and first year Software License Update & Support fee for additional program licenses for the
program listed in section A with the license type Enterprise Employee that may be purchased pursuant to section CA:
First Year Software Update
License Fee/
License & Support/
Product Description
Increment
Increment
Increment
PeopleSoft Enterprise Directory
Enterprise
$3,059,69
$673,13
850
Interface
Employee
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City of Fort orth, Texas
• • • • •
COUNCIL ACTION: Approved o'n 11/11/2048
DATE: Tuesday, November 11, 2008
LOG NAME: 04PEOPLESOFT
REFERENCE NO.: C-23173
SUBJECT:
Authorize a Contract with Oracle USA, Inc., for Software Licenses, Annual Maintenance, and Oracle
University Training for PeopleSoft Enterprise Human Capital Management and Related Software in an
Amount Not to Exceed $2,070,000.00
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Oracle
USA, Inc., for software licenses, annual maintenance, and Oracle University training for PeopleSoft
Enterprise Human Capital Management and related software in an amount not to exceed $2,070,000.00.
DISCUSSION:
The City is currently engaged in an Enterprise Resource Planning (ERP) Phase 1 project to replace the
City's Human Resources (HR) and Payroll systems with an ERP solution. For the ERP Phase 1 project,
PeopleSoft Enterprise Human Capital Management (PeopleSoft) is the product that staff has determined
best meets the needs of the City for HR and Payroll.
The proposed contract for PeopleSoft will include the following components:
• Licensing for PeopleSoft Enterprise Human Capital Management and related software components;
• Fees for the first year of maintenance; and
• Oracle University training for the ERP project team.
After a thorough evaluation process involving scoring all written proposals, vendor demonstrations,
finalists, reference checks, and customer site visits, the ERP Evaluation Committee, the ERP Advisory
Committee, and the Executive Steering Committee recommended PeopleSoft as the best proposed HR
andy Payroll solution for the City.
PeopleSoft, which is an Oracle product, emerged as the strongest and most complete solution for several
key reasons:
• PeopleSoft has the most standard functionality "out of the box;"
• PeopleSoft has significant functionality advantages in areas such as staffing, time and labor, training,
reporting, and non -visual compliance;
• Utilization of PeopleSoft allows analytical processes to occur inside instead of outside of the system;
• Third party software is not required for core time and attendance processing;
• Utilization of PeopleSoft allows for a highly experienced team with significant M/WBE participation;
• PeopleSoft is live at more municipalities and clients of significant and comparable size; and
• The solution will grow with the City.
It is anticipated that the implementation of PeopleSoft for HR and Payroll will begin in December of 2008
with an anticipated "go live" date of April 2010. Funding for this project has already been secured through
Logname: 04PEOPLESOFT Page 1 of 2
the sale of Tax Notes which City Council approved on August 26, 2008, (M&C G-16255).
BID ADVERTISEMENT —This RFP was advertised in the Fort Worth Star -Telegram on November 21,
2007, November 28, 2007, December 5, 2007 and December 12, 2007. The Purchasing Division solicited
126 vendors from the purchasing system database. Nine responses were received in response to the
RFP.
M/WBE — A waiver of the M/WBE participation goal has been requested and approved because the
purchase of goods or services is from sources) where subcontracting or supplier opportunities are
negligible.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, for the ERP Capital Project Fund.
FUND CENTERS:
TO Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
C296 539120 VARIOUS
Karen Montgomery (6222)
Peter Anderson (8781)
Rich White (8680)
$2,070,000.00
Logname: 04PEOPLESOFT Page 2 of 2