HomeMy WebLinkAboutContract 48330 TNoYCON C � �()
ORDERING DOCUMENT
Oracle America,Inc.
500 Oracle Parkway
Redwood Shores,CA 94065
Name City of Fort Worth Contact Steve Streiffert
Address 1000 Throckmorton Street Phone Number 817-392-2221
FORT WORTH TX Email Address Steve.Streiffert@fortworthtexas.gov
76102
New Subscription
Cloud Services ervice Period: 12 months
Data Region: North America Quantity Term Unit Net Price Net Fee
B79785-Oracle Enterprise Performance 70 12 mo 120.00 100,800.00
Reporting Cloud Service-Hosted Named User
Subtotal 100,800.00
Fee Description Net Fee
Cloud Services Fees 100,800.00
Net Fees 100,800.00
Total Fees 100,800.00
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 April 25,2014(DIR Contract No.DIR-TSO-2539;Oracle
Contract No. US-GMA-225288) 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
OFFICIAL RECORD
CITY SECRETARY
All fees on this ordering document are in US Dollars. FT. WORTH, TX
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.
CPQ-138219 Issued by Oracle America, Inc. 06-OCT-2016
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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-2539.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 81 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-2539.
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-2539.
3. Offer Validity: This order is valid through 31-NOV-2016 and shall become binding upon execution by You and acceptance by Oracle.
C.Renewal of Cloud Services
Not withstanding 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
two years of 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 in the immediately preceding year.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.
D.SERVICE SPECIFICATIONS
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-2539. 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.
I. 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.
ii. 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.
iii. 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 at www.oracle.com/contracts.
E. OTHER
1.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", "Client" and "You'; "Program Documentation" and "Documentation'; "Ordering
Document"and"Order Form';"Services Term"and"Services Period';"Your Data and"Your Content".
2. Data Processing Agreement
CPQ-138219 Issued by Oracle America, Inc. 06-OCT-2016
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Oracle's Data Processing Agreement for Oracle Cloud Services (the "Data Processing Agreement"), which is available
athttp://www.oracle.com/dataprocessingagreement, is incorporated as Appendix N of DIR Contract No. DIR-TSO-2539 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(w)such assignee entity agrees in writing to the
terms and conditions of the agreement and the Ordering Document, (x)You provide Oracle will all 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 underthis Ordering Document,and(z)following the assignment,You shall immediately
discontinue use of the Services acquired under this Ordering Document.
4. Option Terms
For clarification purposes,you shall have an option to renew your subscription for the services listed in the table above at the same usage limits for
Two(2)additional 12-month renewal periods,each an("Option Year")for the fees listed below.Professional Services are not included in the Option
Years.
Option Year One:$100,800.00 OFFICIAL RECORD
Option Year Two:$100,800.00 CITY SECRETARY
' ' 'SmUX
The Cloud Services listed above may not be renewed at the option year pricing listed above if: (i) Oracle i no 10 0e i ud Services
generally available to customers, or(ii) You are seeking to cancel or reduce the number of user licenses oftheCloud-Services ze-Wo h in this
Ordering Document.
City of Fort Worth > Oracle America,Inc.
Signature: l Authorized Signature
Name: san Alanii Name Weston May
Title: -Italit City ^'1. Title
Manager, Deal Management
Signature Date: Signature Date
24-OCT-2016
CIO
Your signature, printed name,title and signature date in the signature block above are the only handwritten changes to
this Ordering Document that will be accepted. Other changes to this ordering document, handwritten
render this ordering document null and void, unless such changes have been specifically agreed to b 4
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APPROVED A3 TO FORM AND LEGALITY- Kiliy ser, Ci t r ►°°a�„R
CPQ-138219 Issued by Oracle America, 016
Page 3 of 3
Istant��ttyxttixtc'ey
City x
Mayor and Council
COUNCIL ACTION: Approved on 10/25/2016
DATE: Tuesday, October 25, 2016 REFERENCE NO.: **P-11959
LOG NAME: 13P16-0461 ORACLE BUDGET SB ITS
SUBJECT:
Authorize Purchase Agreement with Oracle America, Inc., for Annual Licensing, Maintenance, and Support
for Oracle Software and Services for the Information Technology Solutions Department, Using a
Cooperative Contract in the Total Amount Up to $181,107.00 for the First Year (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize a Purchase Agreement with Oracle America, Inc., for
annual licensing, maintenance, and support for Oracle software and services for the Information
Technology Solutions Department, using the State of Texas Department of Information Resources
Cooperative Contract No. DIR-TSO-2539 in the total amount up to $181,107.00 for the first year.
DISCUSSION:
The Performance and Budget Department has initiated a project to improve budget planning and reporting
capabilities. This project will build on and expand the City's Enterprise Resource Planning (ERP) system
by providing software capabilities designed for public sector. The new system will integrate with the City's
Oracle PeopleSoft financial and human capital management systems. It will replace the current Budget
Reporting and Analysis Support System (BRASS) and Capital Improvement Program (CIP) system.
Authorization of this purchase will provide for the licensing, maintenance, and support necessary for the
software to accomplish this objective.
The first year of the Agreement includes the initial purchase and installation of the solution in the amount
up to $65,825.00. The annual amount for licenses and maintenance is approximately $115,264.00.
PRICING ANALYSIS - Pricing has been reviewed and compared with alternative cooperative contract
sources. Staff reviewed the pricing and found the pricing to be fair and reasonable.
COOPERATIVE PURCHASE - State law provides that a local government purchasing an item under a
Cooperative Purchasing Agreement satisfies state laws requiring that the local government seek
competitive bids for purchase of the item. The State of Texas Department of Information Resources (DIR)
Cooperative Contracts have been competitively bid to increase and simplify the purchasing power of
government entities across the State of Texas.
M/WBE OFFICE -A waiver of the goal for MBE/SBE subcontracting requirements was requested by the
Purchasing Division and approved by the M/WBE Office, in accordance with the BDE Ordinance, because
the purchase of goods or services is from sources where subcontracting or supplier opportunities are
negligible.
ADMINISTRATIVE INCREASE -An administrative increase or change order for this Agreement may be
T .,.,,,.,- 1 QD1 K [)AK1 (IDA OT R DTTT11-TR'P QD T PQ D- 1 M7,0
made by the City Manager in the amount up to $45,276.00 and does not require specific City Council
approval as long as sufficient funds have been appropriated.
AGREEMENT TERMS - Upon City Council approval, this Agreement shall begin upon execution and
expire on April 25, 2018 to coincide with the expiration dates of the DIR Contract. This approval
automatically extends the renewal or replacement of the State of Texas DIR Cooperative Contract No.
DIR-TSO-2539.
RENEWAL OPTIONS - This Agreement may be renewed for two additional one-year terms at the City's
option. This action does not require specific City Council approval provided that City Council has
appropriated sufficient funds to satisfy the City's obligations during the renewal terms.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendation, funds are available within the
existing appropriations of the Enterprise Resource Planning Programmable Project in the Information
Technology Solutions Department for these expenditures and that prior to an expenditure being made, the
Information Technology Solutions Department has the responsibility to validate the availability of funds.
BQN\16/0461\SB
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # �mount
ID ID Year (Chartfield 2)
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Aaron Bovos (8517)
Sheila Baker (8356)
Additional Information Contact: Jack Dale (8357)
ATTACHMENTS
1. 16-0461 Signed Waiver.pdf (CFW Internal)
2. DIR-TSO-2539 Contract Detail.pd (CFW Internal)
3. EPLS ORACLE AMERICA INC 2016.pdf (CFW Internal)
4. Oracle 1295.pdf (Public)
5. REQ INFSS 16 364801.pdf (CFW Internal)
Loaname: 13P16-0461 ORACLE BUDGET SB ITS Page 2 of 2
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
Complete Nos_1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-124354
Oracle America, Inc.
Redwood Shores, CA United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/14/2016
being filed.
City of Fort Worth, Texas Date Ackno%A71dged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
16-0461
Oracle Software
Nature of interest
4 Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Safra A Catz(Director) 500 Oracle Parkway, X
Redwood Shores,CA
Dorian Daley(Director) 500 Oracle Parkway, X
Redwood Shores, CA
Check only if there is NO Interested Party. ❑
6 AFFIDAVITt swear,or affirm,under penal of perjury,that the above disclosure is true and correct.
JANET ANNETTE MELTON
NOTARY PUBLIC
REGISTRATION It 7273046
COMMONWEALTH OF VIRGINIA i
MY COMMISSION EXPIRES
JULY 31, 2017
Signature of authorize gent of contr ng business entity
AFFIX NOTARY STAMP/SEAL ABOVE
t Sworn to and subscribed before me,by the said ( ,this the _day of��
20_y�,to certify which,witness my hand and seal of office.
ianature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www,ethics.state.Mus Version V1.0.277