HomeMy WebLinkAboutContract 52557-A1CSC N o. 52557-A1
FIRST AMENDMENT TO
FORT WORTH CITY SECRETARY CONTRACT NO. 52557
This Amendment is made between the City of Fort Worth ("FORT WORTH"), a
municipal corporation, acting herein by and through Dana Burghdoff, its duly authorized
Assistant City Manager and Oracle America, Inc. ("ORACLE").
WHEREAS, FORT WORTH and ORACLE entered into an Agreement identified as
Fort Worth City Secretary Contract (CSC) 52557, beginning May 26, 2019; and
WHEREAS, it is the collective desire of both FORT WORTH and ORACLE to
amend the Agreement to add professional services in the amount of $83,087.43 as approved
by M&C 20-0936.
NOW THEREFORE, KNOWN ALL BY THESE PRESENT:
Fort Worth and Vendor, acting herein by and through their duly authorized representatives,
agree to the following terms, which amend the Agreement as follows:
Ordering Document CPQ-1132578 in CSC 52557 shall be replaced in its entirety by
the following two Ordering Documents:
a. CPQ-1527685-1 for the Oracle Cloud Service Licensing;
b. US-A3268F for the Oracle Professional Services.
All other terms, provisions, conditions, covenants and recitals of said Agreement not
expressly amended herein shall remain in full force and effect.
(signature page follows)
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CITY OF FORT WORTH
Dc�na Burpgh�%ff
Dana 13urghdoff',Mar26.202116:13 CD11
By:
Name: Dana Burghdoff
Title: Assistant City Manager
APPROVAL RECOMMENDED:
CLI�%I�0(�LIG� h`�G�G��
Chris[ophcr I I, rdcr!Mar26, 202112_0�1 CDTj
Y�
Name: Chris Harder
Title: Director, Water Department
ATTEST:
�o�,�o�aGcf � Go�rzaGel
�YorRonald P. Gonzales (Mar26, 202116:21 CDT)
Y�
Name: Mary Kayser
Title: City Secretary
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
vvu� 8�
By; ,�����am�a��ey;��ar�ozoz��6�z3�s�
Name: William Bailey
Title: IT Manager, Water Department
APPROVED AS TO FORM AND LEGALITY:
�g st��,
B�7; �sstror,�rN,ar -.zoziia:�zcoil
Name: John B. Strong
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 20-0936
Date Approved: 12/15/2020
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Oi�ACLE
Oracle America, Inc.
500 Oracle Parkway
Redwood Shores, CA
94065
Name City of Fort Worth
Address Information Technical Services
Water Department
FORT WORTH TX
76102
Renew Subscription Term: 26-May-2020 to 25-May-2021
Service Period: 12 months
Cloud Services Data Center
Region
B88484 - Oracle RightNow Enterprise NORTH
Dynamic Agent Desktop Cloud AMERICA
Service - Hosted Named User
B72236 - Oracle RightNow Universal NORTH
Core Service Tier 1 Sessions Monthly AMERICA
- 100 Sessions - Monthly Capacity
B68258 - Oracle RightNow Chat NORTH
Cloud Service - Hosted Named User AMERICA
B82255 - Oracle RightNow Non- NORTH
Contact Center User Cloud Service - AMERICA
Hosted Non-Contact Center Named
User
B68302 - Oracle RightNow Agent NORTH
Scripting Cloud Service - Hosted AMERICA
Named User
B68548 - Oracle RightNow Emails NORTH
Sent Monthly - 100 Emails Sent - AMERICA
Monthly Capacity
Contact
Phone Number
Email Address
Quantity Term
102 12 mo
5 12 mo
10 12 mo
87 12 mo
102 12 mo
5 12 mo
Subtotal
William (Robb) Bailey
+1 (817) 392-7941
W illiam. Bai ley@fortworthtexas.gov
Unit Net Price Net Fee
73.50 89,964.00
3.36 201.60
21.00 2,520.00
13.13 13,702.50
15.75 19,278.00
0.63 37.80
125, 703.90
Fee Description Net Fee
Cloud Services Fees 125,703.90
Net Fees 125,703.90
Total Fees 125,703.90
A. AGREEMENT
1. Agreement:
This order incorporates by reference the terms of the Contract for Products and Related Services between the State of Texas
acting through the Department of Information Resources ("DIR") and Oracle America, Inc. ("Oracle"), effective July 30, 2018 (DIR
Contract No. DIR-TSO-4158; Oracle Contract No. US-GMA-1889764) and all amendments and addenda thereto (the
"Agreement"). The defined terms in the Agreement shall have the same meaning in this order unless otherwise specified herein.
B. DESCRIPTION AND FEES FOR ORDERED SERVICES
CPQ-1527685 - 1 Issued by Oracle America, Inc. 5-MAY-2020
Page 1 of 5
All fees on this ordering document are in US Dollars.
1. Terms of Use:
All products and services listed on this Ordering Document are provided by Oracle under, and subject to, the terms of this
Ordering Document, including the Agreement and all Oracle documents referenced in this Ordering Document. You indicate Your
agreement to the terms of this Ordering Document, including the Agreement, by signing this Ordering Document, and You
represent that You have the authority to bind the Customer to whom this Ordering Document is addressed above to the terms of
this Ordering Document and the Agreement. As applicable, Oracle processes a customer's order after receipt of a purchase
order. Any terms and conditions on Your purchase order are void and have no legal effect. For Cloud Services, You may not
reduce the quantity of services purchased hereunder (e.g., user or record counts, storage, etc.), in whole or in part, during the
Services Period set forth above. The Services Period for the Cloud Services commences on the date stated in the Ordering
Document, or, if none is provided in the Ordering Document, the day that Oracle sends to Your administrator the e-mail
welcoming You to the Oracle Cloud that instructs You on how to create Your Cloud login and configure the Cloud Services (the
"Cloud Services Start Date"). You must maintain a current subscription to applicable Oracle Cloud Services for the duration of any
Technical Cloud Services ordered under this Ordering Document.
2. Fees:
The Cloud Services Payment Frequency applies to all Cloud Services fees and taxes (if applicable), and the Technical Cloud
Services Payment Frequency applies to all fees and taxes (if applicable) for Technical Cloud Services. All fees payable to Oracle
are due in accordance with Appendix A, Section 8.J of DIR Contract No. DIR-TSO-4158. Once placed, Your order is non-
cancelable and the sums paid nonrefundable, except as otherwise provided herein or in the Agreement. If applicable to You, You
will pay any sales, value added or other similar taxes imposed by applicable law that Oracle must pay based on the Services You
ordered, except for taxes based on Oracle's income. Also, You will reimburse Oracle for reasonable pre-approved expenses
related to providing any Technical Cloud Services in accordance with Appendix A, Section 8.F of the Agreement. Unless,
specifically stated otherwise, fees for Services listed in an order are exclusive of taxes (if applicable) and expenses.
Cloud Services Payment Frequency: Your payment frequency is quarterly in arrears.
Technical Cloud Services Payment Frequency:
Unless otherwise specified in services descriptions applicable to the Technical Cloud Services You have ordered, or in an exhibit
specifying the Technical Cloud Services You have ordered, the fees for Technical Cloud Services and any applicable taxes shall
be invoiced monthly in arrears. You are responsible for payment of pre-approved expenses, if any, in accordance with Appendix A,
Section 8.F of DIR Contract No. DIR-TSO-4158. Expenses will be invoiced monthly as they are incurred and are due in accordance
with Appendix A, Section 8.J of DIR Contract No. DIR-TSO-4158.
3. Renewal of Cloud Services:
Notwithstanding any statement to the contrary in the Services Specifications, the parties expressly agree that the Cloud Services
acquired under this Ordering Document will not Auto-Renew. At the end of the Services Period, the Cloud Services acquired under
this Ordering Document may be renewed for an additional Services Period, subject to Your placement of a renewal order and
payment of fees for such Cloud Services. For the first renewal Services Period of Cloud Services, the annual fee for each Cloud
Service ordered will not increase by more than 4% of the Unit Net Price for such service specified above. The Cloud Services may
not be renewed as described in the preceding sentence if: (i) Oracle is no longer making such Cloud Services generally available
to commercial customers, or (ii) You are seeking to cancel or reduce the number of user licenses of the Cloud Services set forth in
this Ordering Document.
4. Price Hold for Cloud Services:
During the Services Period, You may order additional quantities of the Cloud Services acquired under this Ordering Document at
the Unit Net Price specified above. This price hold does not apply to Eloqua Marketing Platform Cloud Service, to any renewals or
extensions of the Cloud Services ordered under this Ordering Document, to Cloud Services ordered pursuant to a separate Oracle
discount or promotion, or to any Cloud Services other than those listed in the initial purchase under this Ordering Document.
5. Data Center Region
Oracle agrees that during the Service Period specified in this ordering document, the Cloud Services environment holding
Customer data will reside in data centers located in the continental United States. Oracle may access Customer Data on a global
basis to the extent necessary to perform the Cloud Services, including maintenance and Cloud Services technical support.
6. Offer Validity: This order is valid through 31-MAY-2020 and shall become binding upon execution by You and acceptance by
Oracle.
C. SERVICE SPECIFICATIONS
CPQ-1527685 - 1
Issued by Oracle America, Inc. 5-MAY-2020
Page 2 of 5
1. Service Specifications:
The Service Specifications that govern the Services ordered consist of the documents listed below, which are incorporated into this
Ordering Document. The Service Specifications are subject to change at Oracle's discretion; however, Oracle changes to the
Service Specifications will not result in a material reduction in the level of performance, security, functionality or availability of the
applicable Services provided to You for the duration of the Services Period. The terms of the Service Specifications, including any
subject matter addressed in the Service Specifications, will replace any inconsistent term, similar subject matter or scope of service
delivery in the Agreement; however, unless expressly stated otherwise in this Ordering Document, the terms of the Data
Processing Agreement shall take precedence over any inconsistent terms in this Ordering Document, Agreement or Service
Specifications but in no event shall any documents take precedence over DIR Contract No. DIR-TSO-4158. For the purposes of
this Ordering Document, references to the term "Customer" in any document within the Service Specifications shall mean "You" as
defined in this Ordering Document.
• Service Descriptions and Metrics
Oracle service descriptions and metrics govern Cloud Services and Technical Cloud Services. You may access the version of
these descriptions and metrics that apply to the Cloud Services and Technical Cloud Services that You have ordered at
www.oracle.com/contracts.
• Cloud Hosting and Delivery Services Policies
Cloud Hosting and Delivery Services Policies describe and govern Cloud Services. You may access the version of these
policies that apply to the Cloud Services that You have ordered at www.oracle.com/contracts.
• Program Documentation
Program Documentation refers to the program user manuals for the Oracle Programs for Cloud Services, as well as any help
windows and read me files for such Oracle Programs that are accessible from within the service. The Program
Documentation describes technical and functional aspects of the Oracle Programs. You may access the documentation
online atwww.oracle.com/contracts.
D. OTHER
Terms:
The following terms, as used in this Ordering Document or the Agreement and whether or not capitalized, shall have the same
meaning as the applicable defined term: "Agreement" and "Contract"; "Customer", "ClienY' and "You"; "Program
Documentation" and "Documentation"; "Ordering DocumenY' and "Order Form"; "Services Term" and "Services Period"; "Your
Data and "Your Content".
2. Data Processing Agreement:
Oracle's Data Processing Agreement for Oracle Cloud Services (the "Data Processing AgreemenY'), which is available at
http://www.oracle.com/dataprocessinqaqreement, is incorporated as Appendix N of DIR Contract No. DIR-TSO-4158 and
describes the parties' respective roles for the processing and control of Personal Data (as that term is defined in the Data
Processing Agreement) that Customer provides to Oracle as part of the Cloud Services under this order. Oracle will act as a
data processor and will comply with all applicable data protection laws to the extent such laws by their terms impose
obligations directly on Oracle as a data processor in connection with the services specified in this ordering document. Oracle
will act on Customer's instruction concerning the treatment of Customer's Personal Data residing in the Cloud Services
Environment, as specified in the Agreement, the Data Processing Agreement and this order. Customer remains solely
responsible for Customer's regulatory compliance in connection with Customer's use of the Cloud Services and will comply
with all applicable laws in connection with the perFormance of obligations or exercise of rights under this ordering document
and the Agreement. Customer agrees to provide any notices and obtain any consents related to Customer's use of the Cloud
Services and Oracle's provision of the Cloud Services, including those related to the collection, use, processing, transfer and
disclosure of Personal Data.
3. Assignment of this Ordering Document
Notwithstanding anything to the contrary in the agreement or this Ordering Document, You may not assign this Ordering
Document or give or transfer the Services, or an interest in them, to another individual or entity. If You desire that Services be
acquired by another entity, such other entity may order services under a separate contract. You may not grant a security
interest in any of the Services. Notwithstanding the foregoing, upon advance written notice to Oracle, You may assign Your
rights to the Services under this Ordering Document to another governmental agency as designated by the Texas Legislature
(i) that is a successor in interest to You that performs Your statutory obligations, or (ii) as necessary to satisfy a regulatory
requirement imposed upon You by a governing body with the appropriate authority; provided that �such assignee entity
agrees in writing to the terms and conditions of the agreement and the Ordering Document, (x) You provide Oracle will all
CPQ-1527685 - 1 Issued by Oracle America, Inc. 5-MAY-2020
Page 3 of 5
consents necessary for the assignee to access Your Content, Your Applications, and any other of Your materials in Oracle's
possession, (y) the assignment does not result in any change in Oracle's rights and obligations under this Ordering Document
(including with respect to the Services), or expand, modify or otherwise alter any use or component of the Services or Services
Environments provided under this Ordering Document, and (z) following the assignment, You shall immediately discontinue
use of the Services acquired under this Ordering Document.
CPQ-1527685 - 1
Issued by Oracle America, Inc. 5-MAY-2020
Page 4 of 5
City of Fort Worth
Signature D�n� Bu✓�Hdoff
Dana Rurghdoff ( ar7_6, 7_07_1 16:13 CDT)
Name Dana Burghdoff
Title Assistant City Manager
Signature Date Mar 26 2021
,
Oracle America� I I1C. DocuSigned by:
Signature �t,i(�,a.�, �, �SfV'a�.a.
Name Michae E�. Estrada
Title
Signature Date
NAMER Cloud Manager
05-May-2020 � 10:13 AM PDT
BILL TO / SHIP TO INFORMATION
Bill To
Customer Name
I Customer Address
I Contact Name
IContact Phone
Contact Email
City of Fort Worth
Information Technical Services
Water Department
FORT WORTH TX
76102
William (Robb) Bailey
+1 (817) 392-7941
William.Bailey@fortworthtexas.gov
Ship To
Customer Name
Customer Address
Contact Name
Contact Phone
Contact Email
City of Fort Worth
Information Technical Services
Water Department
FORT WORTH TX
76102
William (Robb) Bailey
+1 (817) 392-7941
W illiam. Bailey@fortworthtexas.gov
CPQ-1527685 - 1 Issued by Oracle America, Inc. 5-MAY-2020
Page 5 of 5
or��c�E�
ORDERING DOCUMENT
Customer Name: City of Fort Worth Oracle America, Inc.
Customer Address: Fort Worth Water Department, 500 Oracle Parkway
200 Texas Street, Redwood Shores, CA 94065
Fort Worth, Texas 76102
ORACLE CONTRACT INFORMATION
Ordering Document Number: US - A3268F
This ordering document incorporates by reference the terms of the Oracle Cloud Services Agreement v040119
which may be viewed at www.oracle.com/contracts and all amendments thereto (the "Agreement"). As used
in this ordering document, "Master AgreemenY' shall have the same meaning as "Agreement". The defined
terms in the Agreement shall have the same meaning in this ordering document unless otherwise specified
herein
A. SERVICES
You have ordered the Services listed below in the table and detailed in the attached exhibit(s), which are
incorporated herein by reference.
All fees on this order are in US Dollars.
Services Reference Fees Estimated Total Fees and
Expenses Estimated Expenses
Time and Materials Exhibit 1 $ 83,087.43 $0.00 $ 83,087.43
Total $ 83,087.43
B. ORDER TERMS
1. Payment Terms.
Fees and expenses are in accordance with the referenced exhibit(s). All fees payable to Oracle are due
within 30 days from the invoice date. Fees for time and materials engagements listed above are estimated
fees, as detailed in the referenced exhibit(s).
OCS_Self-Service_Consulting OD/TME_v110620_US_ENG Page 1 of 10
2. Segmentation.
The purchase of (i) hardware and/or related hardware support, (ii) programs and/or related technical
support, or (iii) other Services are all separate offers and separate from any other order for (i) hardware
and/or related hardware support, (ii) programs and/or related technical support, or (iii) other Services You
may receive or have received from Oracle. You understand that You may purchase (i) hardware and/or
related hardware support, (ii) programs and/or related technical support, or (iii) other Services
independently of any other product or Service. Your obligation to pay for (i) hardware and/or related
hardware support, (ii) programs and/or related technical support, or (iii) other Services is not contingent
on delivery of hardware or performance of any other Service. You acknowledge that You have entered into
the purchase without reliance on any financing or leasing arrangement with Oracle or its affiliate.
3. Contact Information.
uracie �onsuiting 5aies �ontact:
Name: : Doug Witt
........................................:......................................................................................................................................
Address: : 1405 Lake Cook Road,
: Deerfield, IL 60015
........................................:......................................................................................................................................
Phone: : 847-245-0452
........................................:......................................................................................................................................
Fax: : N/A
........................................:......................................................................................................................................
Email: : doug.witt@oracle.com}
our Billing/Accounts Payable Contact:
Name:..............:..Dee Youn�blood......................................................................................
Address: : Fort Worth Water Department
: 200 Texas Street,
: Fort Worth, Texas 76102
: .............................................................................................................................................
Phone: 817-392-8579
...: .............................................................................................................................................
Fax: : N/A
: .............................................................................................................................................
Email: Dee.Youngblood@fortworthtexas.gov
4. Order of Precedence.
In the event of any inconsistencies between (i) the Master Agreement and this order, this order shall take
precedence, and (ii) this order (excluding the exhibit) and any attached exhibit, the exhibit shall take
precedence.
5. Change Control Process.
Any request for any change in Services must be in writing; this indudes requests for changes in project
plans, scope, specifications, schedule, designs, requirements, Service deliverables, software environment,
hardware environment or any other aspect of Your order. Orade shall not be obligated to perform tasks
related to changes in time, scope, cost, or contractual obligations until You and Oracle agree in writing to
the proposed change in an amendment to this order and/or exhibit.
6. Force Majeure.
OCS_Self-Service_Consulting OD/TME_v110620_US_ENG Page 2 of 10
Neither of us shall be responsible for failure or delay of performance if caused by: an act of war, hostility,
or sabotage; act of God; pandemic; electrical, internet, or telecommunication outage that is not caused by
the obligated party; government restrictions (including the denial or cancellation of any export or other
license); or other event outside the reasonable control of the obligated party. We both will use reasonable
efforts to mitigate the effect of a force majeure event. If such event continues for more than 30 days, either
of us may cancel unperformed Services upon written notice. This section does not excuse either party's
obligation to take reasonable steps to follow its normal disaster recovery procedures or Your obligation to
pay for Services provided.
7. Export•
Export laws and regulations of the United States and any other relevant local export laws and regulations
apply to the programs and hardware (including any integrated software and operating system(s)). You
agree that such export laws govern Your use of the programs (including technical data), hardware
(including any integrated software and operating system(s)) and any Services deliverables provided under
this ordering document, and You agree to comply with all such export laws and regulations (including
"deemed export" and "deemed re-export" regulations). You agree that no data, information, program,
hardware (including any integrated software and operating system(s)) and/or materials resulting from
Services (or direct product thereof) will be exported, directly or indirectly, in violation of these laws, or will
be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or
biological weapons proliferation, or development of missile technology.
8. Relationship Between Parties.
Oracle is an independent contractor and we agree that no partnership, joint venture, or agency relationship
exists between us. We each will be responsible for paying our own employees, including employment
related taxes and insurance. If while performing Services Oracle requires access to other vendor's products
that are part of Your system, You will be responsible for acquiring all such products and the appropriate
license rights necessary for Oracle to access such products on Your behalf.
9. Rights Granted / Restrictions.
Upon payment hereunder, and subject to the terms of this order and the Master Agreement, You have the
non-exclusive, non-assignable, royalty free, perpetual (but only in the case of deliverables for an on
premise license), worldwide (subject to any applicable restrictions under US export laws), limited right to
access and use, for Your internal business operations, the Services that You ordered under this order and
anything developed by Orade and delivered to You under this order ("Services and deliverables"). You
may allow Your agents and contractors to use the Services and deliverables for this purpose and You are
responsible for their compliance with this order in such use. Oracle or its licensors retain all ownership and
intellectual property rights to the Services and deliverables, including derivative works thereof. You do not
acquire any right or license to use, or allow Your users in the case of a managed/hosted environment, to
use, any Service or deliverable in excess of the scope (including but not limited to the specified Service
environment) or duration of the Services and deliverables ordered hereunder. The Services and
deliverables may be related to Your license to use products owned or distributed by Oracle which You
OCS_Self-Service_Consulting OD/TME_v110620_US_ENG Page 3 of 10
acquire under a separate order. The agreement referenced in that order shall govern Your use of such
products.
10. Terms.
The following terms, as used in this order and the Master Agreement, whether or not capitalized, shall have
the same meaning: "Agreement" and "Master Agreement"; "You" and "Your" and "Customer"; "Ordering
Document" and "order"; "Services" and "services".
11. Services Privacy_/Services Securitk
In performing the Services under this order, Orade will comply with the (a) Oracle Services Privacy Policy
available at htt�//www.oracle.com/legal/privacy/Services-privac, -�,qolic, .y html and (b) Oracle Consulting
b� Advanced Customer Services Security Practices available at
https:,[/www.oracle.com/corporate/contracts/consulting/policies.html. Both documents are
incorporated herein by reference. Oracle may update such policy and practices to reflect changes in,
among other things, laws, regulations, rules, technology, and industry practices. Such updates will not
materially reduce the level of performance, functionality, security, or availability of the Services. You agree
to restrict Oracle's access to any content or information that imposes privacy, security or regulatory
obligations greater than those specified in this order.
12. Additional Third Party Subprocessors for Oracle Consultin�
To the extent You provide personal information to Oracle as part of Oracle's provision of Services under
this order, Oracle will comply with the applicable version of the Oracle Data Processing Agreement for
Oracle Services. The version of the Data Processing Agreement applicable to Your order is available at
https:�/www.oracle.com/corporate/contracts/cloud-Services/contracts.html#data-processing and is
incorporated herein by reference.
For the Services specified in this order, in addition to the Third Party Subprocessors listed on My Orade
Support, the following Third Party Subprocessors may also process Your personal information:
Third Party Subprocessor Location Type of Service
"N/A" "N/A" "N/A"
OCS_Self-Service_Consulting OD/TME_v110620_US_ENG Page 4 of 10
This quote is valid through 28-FEB-2021 and shall become binding upon execution by You and acceptance
by Oracle.
City of Fort Worth
Dana Bu✓gh�loff
Authorized Signature: �a��B����d�������6,20L116������;
Name: Dana Burghdoff
Title: Assistant City Manager
Signature Date: Mar 26, 2021
Oracle America, Inc.
DocuSigned by:
l�.a.�wv�jit, Qw�vt�.c,
Authorized Signature: 8BA�34z3�9°3496..
Name:
Mackenzie Amrine
Title: Deal Specialist
Signature Date: 16-Dec-2020 � 9:47 AM CST
Ordering Document Effective Date:
(to be completed by Oracle)
OCS_Self-Service_Consulting OD/TME_v110620_US_ENG Page 5 of 10
OI?/�CLE�
TIME AND MATERIAL EXHIBIT
ORACLE CONTRACT INFORMATION
Customer Name: City of Fort Worth
Ordering Document Number: US - A3268F
Exhibit Number: One (1)
This exhibit incorporates by reference the terms of the ordering document specified above.
1. Description of Services.
Oracle will provide You assistance with the following services:
1. Conduct up to one (1) hour project kickoff and planning workshop for up to ten (10) participants for the
following functional areas:
i. Project Planning, communication � logistics.
ii. Review the Statement of Work in terms of scope, assumptions and obligations.
2. Perform up to 220 hours of add-in review, update, and rebuild work on the following add-ins:
i. Audit Log.
ii. Contact and Account Populate.
iii. Stop Words.
iv. Date Set.
v. Water Variance/Alternative Water Source Validation.
vi. Watering Scheduling Validation.
3. Provide up to 60 hours of evaluation and resulting recommendations on the following areas:
Custom objects and custom fields.
ii. Workspaces.
iii. Event handlers (CPMs).
iv. Date Set.
v. Knowledge base.
vi. Live chat.
4. Provide up to 10 hours of assistance in building of Data Life Cyde Policy and/or configuration to archive
and/or purge Data.
5. Provide up to 20 hours of technical coaching on the following areas:
i. Application Programming interfaces ("API") coaching to pull live updates of customer and account
data from IBM iSeries Billing System to Customer Relationship Management ("CRM") through
MuleSoft API.
ii. API coaching to publish/push Emergency Cases/Incidents created in Oracle Agent Desktop-SvC
to the Maximo System.
iii. API coaching to consume/pull updates from Maximo system APIs.
OCS_Self-Service_Consulting OD/TME_v110620_US_ENG Page 6 of 10
iv. Coaching from Oracle on Oracle Representational State Transfer ("REST") and/or Simple Object
Access Protocol ("SOAP") APIs.
v. API coaching to pull Oracle SvC data to City of Fort Worth Water Department local data warehouse.
6. Provide up to 20 hours of assistance of support for building the Water Call Center SvC CRM interface
through APIs with integration through Techmail.
7. Provide up to 20 hours of additional coaching in the following areas:
• Recommendations on best approaches for handling technical challenges.
• Coaching for creating/building a CTI screenpop component, if needed.
• Creating and modifying custom objects and fields, mostly related to integration needs.
• Leveraging TechMail for integrations.
8. Provide up to 20 hours of testing support and deployment activities.
2. Your Obligations and Project Assumptions.
You acknowledge that Your timely provision of and access to office accommodations, facilities, and
equipment (if applicable) and, assistance, cooperation, complete and accurate information and data from Your
officers, agents, and employees (collectively, "cooperation") are essential to the performance of any Services
as set forth in this exhibit. Oracle will not be responsible for any deficiency in performing Services if such
deficiency results from Your failure to provide full cooperation.
You acknowledge that Oracle's ability to perform the Services and any related estimate depends upon Your
fulfillment of the following obligations and the following project assumptions:
A. Your Obligations.
1. If the Services are provided for on premise Products, maintain the properly configured
hardware/operating system platform to support the Services.
2. If the Services are provided for on premise Products, obtain licenses under separate contract for
any necessary Oracle software and hardware programs before the commencement of Services.
3. If the Services are provided for on premise Products, maintain annual technical support for the
Oracle software and hardware with access to software patches and updates made available by
Oracle under separate contract throughout the term of the Services.
4. If the Services are provided in an Orade hosted doud environment, obtain Cloud Services under
separate contract prior to the commencement of Services under this order and maintain such Cloud
Services for the duration of the Services provided under this exhibit.
5. If Oracle provides You with access to a third party tool (software or cloud service) to facilitate
collaboration between You and Oracle related to the Services ("Third Party Collaboration Tool"),
You agree to comply with the applicable terms found here
https:,[/www.oracle.com/a/ocom/docs/corporate/ocs-third-party-tools.pdf. Such applicable
terms shall become binding upon You upon any use by You of the corresponding Third Party
Collaboration Tool.
6. Provide Oracle with full access to the relevant documentation and the functional, technical and
business resources with adequate skills and knowledge to support the performance of Services.
7. Provide, for all Orade resources performing Services at Your site, a safe and healthful workspace
(e.g., a workspace that is free from recognized hazards that are causing, or likely to cause, death or
serious physical harm, a workspace that has proper ventilation, legally acceptable oxygen
OCS_Self-Service_Consulting OD/TME_v110620_US_ENG Page 7 of 10
concentration levels, sound levels acceptable for resources performing Services in the workspace,
and ergonomically correct work stations, etc.).
8. Provide any notices, and obtain any consents, required for Oracle to perform Services.
9. Limit Oracle's access to any production environment or shared development environments to the
extent necessary for Oracle to perform Services.
10. If Services are performed remotely, provide Oracle resources with remote access to Your systems
and environments required for such Services, using an Oracle-defined standard virtual private
network or an Oracle Web Conference or similar, agreed-upon third-party web conferencing
application (collectively, "remote access tools"), including by: (a) installing the remote access tools
prior to the commencement of Services and maintaining them for the duration of the Services (e.g.,
by acquiring any equipment and performing labor) to ensure all components of Your Oracle
software environment are accessible and in compliance with all Oracle's requirements; and (b)
obtaining all rights to use the remote access tools for all Oracle resources providing remote
Services. You acknowledge and agree that: (i) Oracle is not responsible for network connections or
any related problems, such as bandwidth issues, excessive latency, network outages, or any
performance or other conditions caused by an internet service provider or the network connections;
and (ii) all terms and conditions applicable to any third-party web conferencing application shall
have no force or effect whatsoever.
11. As required by U.S. Department of Labor regulations (20 CFR 655.734), You will allow Oracle to post
a Notice regarding Oracle H-1B employee(s) at the work site prior to the employee's arrival on site.
B. Project Assumptions
1. Owing to the uncertainties of the evolving Covid-19 situation, the provision of any on-site Services
under this order is subject to the delivery resources being permitted and able to perform such
Services taking into consideration applicable laws and regulations, induding those pertaining to
health, safety and mobility (whether in the country of service provision and/or the country of
location of the delivery resources). If the provision of any on-site Services is negatively impacted
due to circumstances related to or arising from the Covid-19 situation, Oracle and You agree to
cooperate in good faith to review such impact and, if necessary, amend any resource plans, work
plans, service specifications, time schedules and the like in accordance with the change control
process of this order, including possibly putting in place an infrastructure (e.g. VPN) to enable a
remote delivery of services. For the avoidance of doubt, this section is without prejudice to the
parties' rights and obligations under the force majeure clause.
2. All services will be performed remotely using onshore and/or offshore resources.
3. A person day is defined as one (1) person working for up to eight (8) hours.
4. Any custom Computer Telephony Integration ("CTI") screen-pop component will be based on an
existing CTI library provided by You, and must be compatible with Your phone system.
5. The add-ins will be developed under the scope of coaching, and You will be responsible for
maintaining that code after delivery, including any changes that may be required for compatibility
with future site versions.
OCS_Self-Service_Consulting OD/TME_v110620_US_ENG Page 8 of 10
3. Rates. Estimated Fees and Expenses. and Taxes.
A. The Services specified above are provided on a time and materials ("T�M") basis; that is, You shall pay
Oracle for all of the time spent performing such Services, plus materials, taxes and expenses.
B. US Resources:
For a period of six (6) months from the effective date of the ordering document, the services
described above will be provided at the rates set forth below. Thereafter, unless otherwise agreed by
you and Oracle in writing, services performed under this exhibit will be provided at Oracle's standard
consulting rates in effect when services are performed.
Consultant Level Extended Hourly Rate
9 - Sr. Practice/Tech Director $484.75
8 - Practice/Tech Director $309.16
7 - Practice/Tech Manager $188.54
6M - Managing Principal Consultant $170.77
6T - Senior Principal Consultant $170.77
5 - Principal Consultant $138.75
4 - Senior Consultant $115.48
3 - Staff Consultant $108.33
2 - Associate Consultant $100.85
C. Offshore Resources:
At Oracle's discretion, Oracle may perform some of the services described in this exhibit with Oracle
resources and/or third party resources that are part of Orade's offshore resource pool ("Offshore
Resource"). For a period of six (6) months from the effective date of the ordering document, services
performed by Offshore Resources will be provided at the rates set forth below. Thereafter, unless
otherwise agreed by you and Oracle in writing, services performed under this exhibit by Offshore
Resources will be provided at Oracle's standard consulting rates for Offshore Resources in effect when
services are performed.
Consultant Level Extended Hourly Rate
GSD-APPS-L2 Associate-Remote $19.77
GSD-APPS-L3 Staff-Remote $21.54
GSD-APPS-L4 Senior-Remote $25.00
GSD-APPS-L5 Principal-Remote $36.66
GSD-APPS-L6 Sen.Prin-Remote $46.20
GSD-APPS-L7 Tech.Mgr-Remote $59.21
GSD-APPS-L8 Director-Remote $95.71
GSD-APPS-L9 Senior Director-Remote $141.72
OCS_Self-Service_Consulting OD/TME_v110620_US_ENG Page 9 of 10
D. Estimated Fees and Expenses. All fees and expenses will be invoiced monthly. The fee and expense
estimates specified in Your order are intended only to be for Your budgeting and Oracle's resource
scheduling purposes; these estimates do not include taxes. Oracle will invoice You for actual time spent
performing the T�M Services, plus materials, taxes and expenses; such invoice may exceed the total
estimated amount documented herein. Once fees for Services reach the estimate, Orade will cooperate
with You to provide continuing Services on a T�M basis.
E. Compensator,� The parties acknowledge that temporary living reimbursements to Oracle provided
resources(s) may be deemed compensatory under federal, state, and local tax laws if a resource's
assignment in a particular location will exceed or has exceeded one year. Where reasonably possible,
Oracle will plan with You to limit the duration of a resource's assignment in a particular location to less
than one year. If the requirements of the Services are such that it becomes necessary for a resource's
Services in a particular location to continue for a year or more and as a result, the reimbursement of
such resource's living expenses are deemed compensatory for tax purposes, then, You agree to pay
Oracle the amount of additional compensation provided to such resource to compensate for taxes
imposed.
F. International Tax. You acknowledge that the performance of Services under this exhibit may involve
use of resources from a country or location other than that in which the Services are to be performed
("non-native resources"). The use of non-native resources may create a tax reporting and filing
obligation for such resource in such country or location and may cause Oracle to incur incremental tax
costs and other administrative costs (e.g., costs arising from tax preparation, reporting and filing
obligations) associated with placing a non-native resource in the country or location in which the
Services are be performed. These costs are separate from and in addition to expenses. The costs as
related to the performance of Services under this exhibit are defined as Resource Costs. Accordingly,
for Services performed under this exhibit, in addition to paying Oracle the fees for Services plus taxes
and expenses, You agree to pay Resource Costs to Oracle within 30 days of the date of an invoice(s) for
such Resource Costs.
4. Project Management.
You and Oracle each agree to designate a project manager who shall work together with the other party's
project manager to facilitate an efficient delivery of Services
OCS_Self-Service_Consulting OD/TME_v110620_US_ENG Page 10 of 10
City of Fort Worth,
Mayor and
Texas
Council Communication
DATE: 12/15/20 M&C FILE NUMBER: M&C 20-0936
LOG NAME: 13PCOOP AMEND ORACLE RIGHTNOW WATER IT SC
SUBJECT
(ALL) Authorize Execution of an Amendment to City Secretary Contract No. 52557 with Oracle America, Inc., to Increase the Annual Amount by
$83,087.43 for a New Annual Amount of $228,087.43 for the Purpose of Providing the Water Department with Oracle RightNow Licensing and
Program Support Fees for Oracle Cloud Services
RECOMMENDATION:
It is recommended that City Council authorize the execution of an amendment to City Secretary Contract No. 52557 with Oracle America, Inc. to
increase the annual amount by $83,087.43 for a new annual amount of $228,087.43 for the purpose of providing the Water Department with Oracle
RightNow licensing and program support fees for Oracle Cloud services.
DISCUSSION:
The current agreement with Oracle RightNow, authorized by Mayor and Council (M&C) C-29176, is for an annual amount of $145,000.00 and was
executed on July 22, 2019 using Department of Information Resources Contract No. DIR-TSO 4158. The agreement provides the Water customer
call center with the Customer Relationship Management system (CRM). This software allows for case management, integration with Maximo (the
work order management system used by the Water Department) and with Sungard/Superion/Central Square (the utility billing system used for the
Water Department) for the seamless movement of information for critical customer cases. It also provides the ability to email Water customers,
allows for agent scripting for more thorough information gathering, and integrates with the Avaya phone system. The Oracle CRM is hosted by
Oracle Cloud Services. City Secretary Agreement 52557 will be amended to increase the spending authority by $83,087.43 for a new annual
amount of $228,087.43, in order to update existing functionality, exchange data between Water Department systems, and make the CRM
application more efficient. Due to patents and copyrights, Oracle is the documented sole-source vendor for these services.
PRICE ANALYSIS - The prices were obtained using Department of Information Resource (DIR) Contract No. DIR-TSO-4158. The DIR contract
offers fixed discounts for these services. Water Information Technology staff has reviewed the pricing and determined it to be fair and reasonable.
COOPERATIVE PURCHASE - State law provides that a local government purchasing an item under a Cooperative Purchasing Agreement
satisfies any state law requiring that the local government seek competitive bids for the purchase of the item. DIR contracts were competitively bid
to increase and simplify the purchasing power of government entities.
CHANGE ORDER - An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and
the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated.
SUCCESSOR CONTRACTS - To facilitate planning and budgeting, Staff would prefer to have annual Agreements that align with the Fiscal Year.
However, the DIR Agreement is out of alignment with the City's Fiscal Year and the current term DIR-TSO-4158 will expire on July 30, 2024. In
order for the Agreement to align with the City's Fiscal Year, adoption of this Mayor and Council Communication (M&C) authorizes (i) a series of
Purchase Agreements, each of which will align to a term of the DIR, Agreements to ensure legal authority exists for the contract, and (ii) an annual
spend amount, future years of which would be subject to City Council appropriation. In the event that a Cooperative Agreement is not renewed,
Staff would cease purchasing at the end of the last Purchase Agreement coinciding with the valid Cooperative Agreements. If the City Council
were to not appropriate funds for a future year, Staff would stop making purchases when the last appropriation expires, regardless of whether the
then-current Purchase Agreement has expired. The City will initially use DIR-TSO-4158 to make purchases authorized by this M&C. As noted, DIR-
TSO-4158 expires July 30, 2024. If DIR-TSO-4158 is extended this M&C authorizes the City to purchase similar equipment and supplies under the
extended contracts. If DIR-TSO-4158 is not extended but DIR executes new cooperative contracts with Oracle America, Inc. with substantially
similar terms as DIR-TSO-4158, this M&C authorizes the City to purchase the equipment and supplies under the new DIR contract.
A Form 1295 is not required because: This contract will be with a publicly-traded business entity or a wholly-owned subsidiary of a publicly-traded
business entity: Oracle America. Inc.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Water & Sewer Fund to
support the approval of the above recommendation and authorization of the amendment to the contract. Prior to any expenditure being incurred,
the Water Department has the responsibility to validate the availability of funds.
Submitted for City Manager's Office b� Jay Chapa 5804
Dana Burghdoff 8018
Originating Business Unit Head: Reginald Zeno 8517
Additional Information Contact: Cynthia Garcia 8525
Sarah Czechowicz 2059