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HomeMy WebLinkAboutContract 38777 (2)CITY SECRETARY NTRACT NO. 9222 � Oracle USA, Inc. 500 Oracle Parkway, Redwood Shores, CA 94065 Your Name CITY OF FART WORTH TEXAS Your Contact Michael Baldwin Your Location Fort Worth Police Dept. Phone Number 8173924250 350 West Belknap,Room 205A Email Address michael,baidwin@fortworthgov.org Fort Worth TX 76102 ORACLE CONTRACT INFORMATION Agreement: Oracle License and Services Agreement Agreement Name: STATE-28905-21-APR-03 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. Programs 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: Product Description !License Type Oracle Database Standard Edition - Processor Perpetual License Software Update License � Support 2880510 - 3.Caryl,Self Quantity List Fee Olscount % Net Fee 4 70,000AO 44.45 38,885.00 15,400.00 44A5 8,554.70 85,400.00 47,439.70 List Fee Discount % Net Fee Oracle Programs License Fees 70o000.00 44.45 38,885,00 Oracle Programs Support Fees 150400,00 44.45 8,554.70 Net Fee 479438.70 Total Fees 47,439.70 Issued by ORACLE USA, INC. 14-MAY-2009 Page 1'Sof 16 L' 2. Q Ali 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. a. Ali fees due under this ordering document shall benon-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. c. In accordance with the agreement: (I} license fees are invoiced as of the commencement date; and (fi} service fees are invoiced after the performance of the service; specifically, technical support tees are invoiced quarterly in arrears from the commencement date. addition to fhe fees listed in section A, Oracle will invoice you for any applicable shipping charges or applicable taxes. a. You shall be responsible for installation of the software. b. Oracle has no delivery obligation under this ordering document. You acknowledge that Orecie has delivered to your location, cap`y' cf the sofivrare media and set of program documenta#ion (in fi ie for m gerer oily a aitatiic} Ivr coil i progralTl listed 'n Section A. aSailrce 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. 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. In the event of any inconsistencies between the agreement and this ordering document, this ordering document shall take precedence. ®racle's License Definitions and Rules A copy of Oracle's License Definitions and Rules is attached hereto and incorporated by reference. 8. Territory The program licenses and services described in section A are for use in the U.S. 28805t0.3.Caryt.Self issued by ORACLE USA, INC. 1a-MAY-2009 Page 2 of 16 The offer is valid through 15 JUL-2009 and shall become binding upon execution by you and acceptance by Oracle. CITY OF FORT WORTH TEXAS Signature Name Title Signature Date Effective Date 28805t0 - 3.Caryt.Se1( .ri ( to be completed by Oracle ) ORACLE USA, INC. Signature Name Title Signature Date au Nl.a c ,Ol�y't-IR-A G'r3 ,1✓j,Ay1 (eIZZ/ O 1 g Issued by ORACLE USA, INC. 14-MAY-2008 Page 3 of 16 C� To fully understand Customer's license grant, Customer needs to review the definition for the licensing metric and term designation as wall as the licensing rules which are listed below. Adapter: is defined as each software code interface, installed on each Oracle intemet Application Server Enterprise Edition, which facilitates communication of information between each version of a third party software application or system and Oracle programs. Application User: is defined as an individual authorized by you to use the applicable licensed application programs which are installed on a single server or on multiple servers regardless of whether the individual is actively using the programs at any given time. If you license the Oracle Self Service Work Request option in conjunction with Oracle Enterprise Asset Management, you are required to maintain licenses for the equivalent number of Application Users licensed and you are granted unlimited access to Initiate work requests, view work request status and view scheduled completion dates for your entire employee population. Application Users licensed for Oracle Order Management are aflowed to manually enter orders directly into the programs but any orders entered electronically from other sources must be licensed separately. For Oracle Sourcing, Oracle iSupplier Portal, Oracle Services Procurement, PeopleSoft eSupplier Connection, PeopleSoft Strategic Sourcing and JD Edwards Supplier Self Service programs, use by your external suppliers is included with your application user licenses. Client Machine: is defined as the computer from which the programs are being accessed, regardless of where the program is installed. Callaboration Program User: is defined as an individual authorized by you to use the programs which are installed on a single server or on multiple servers regardless of whether the Individual is actively using the programs at any given time. For the purposes of counting and licensing the number of Real Time Collaboration users or Beehive Synchronous Collaboration users, a Collaboration Program User within your company is defined as a user able to Initiate, or host, a web conference and also participate in a web conference; all participants in the web conference external to your company and attending a web conference are not required to be licensed. Computer: is defined as the computer on which the programs are Installed. A Computer license allows you to use the licensed program on a single specified computer. (:nnc��rrnn4 llgpr; IS defingrr ag tt1e mavirp�im ni�mhgr of ��cr.rg a�raccing at any one lirpa, Connector: is defined as each connector connecting the software product with an external product. A unique connector is required for each distinct product That the software product is required to interface. CPU: is defined as a processor upon which a program is installed and/or running. For the purposes of counting the number of CPUs which require licensing For a multi -ire processor, each additional core above the first two cores shall count as .25 CPUs. AU fractions of a number are to be rounded up to the next whole number. This definition only applies to those programs with "BEA" in the program name. Customer: is defined as the customer entity specified on the ordering document. The programs may not be used or accessed for the business operations of any third party, including but not limited to your customers, partners, or your affiliates. There is no limitation on the number of computers on which such programs may be copied, installed and used. Developer Kit: Is defined as a single copy of the distributed program. Employee: is defined as all of your full-time, part-time, temporary employees and aIi of your agents, contractors and consultants. The quantity of the I(censes required is determined by the number of Employees and not the actual number of users. In addRion, if you elect to outsource any business function{s) to another company, all of the company's full-time, part-time, temporary employees and agents, contractors and consultants that are providing the outsourcing services for you must be counted for the purposes of determining the number of Employees. Employee User is defined as an individual authorized by you to use the programs which are installed on a single server or multiple servers, regardless of whether or not the individual is actively using the programs at any given time. Nosted Named User: is defined as an individual authorized by you to access the hosted service, regardless of whether the individual is actively accessing the hosted service ai any given time. 2A80590 •3.Cary1.Self Issued 6y ORACLE USA, INC. 14-MAY-2009 Page 4 of t6 instance: is defined as a single installation of the program that you may tnslali and run on one computer. For purposes of this definition a JVM is defined as a Java Virtual Machine. For purposes of WebLogic Server Virtual Edition, an instance is defined as 1 WebLogic Server Virtual Edition node running in 1 LiquidVM (® 1 JVM + 1 virtual machine), A customer is required to license and pay for the maximum number of simultaneous instances they will deploy. A WebLogic Server Virtual Edition node is a copy of BEA's WebLogic Server integrated and packaged with BEA's LiquidVM so as to run as a software appliance within a dedicated virtual machine without requiring the need to install or configure any other software within that virtual machine. A LiquidVM is an integration of the BEA JRockit JVM with boot layer that allows the BEA JRockit JVM to run as a single dedicated process within the hypervtsor-based virtual machine without requiring any 3rd party operating system. For purposes of AquaLogic Enterprise Repository (ALER) products, an instance is defined as a single installation of the ALER product on one computer. For purposes of WebLogic Operations Control, an instance is defined as a single WebLogic Operations Control server node running in a sIngle JVM, irrespective of the number of CPUs, servers or similar used metrics to run the software. For purposes of WebLogic Operations Control Smart Packs, an instance is defined as a single WebLogic Operations Control server node running in a single JVM enabled with the functionality of the Smart Pack. For purposes of WebLogic Operations Control Managed Instance (WLOC), an instance is defined as the target application under management of WLOC running within a single JVM or as an instance of Virtual Edition versions of BEA products. For purposes of WebLogic Operations Control LiquidVM Container, an instance is defined as a single LiquidVM node running in a single virtual machine, irrespective of the number of CPUs, servers or similar used metrics to run the software. IVR Part: is defined as a single caller that can be processed via the Interactive Voice Response (IVR} system. You must purchase licenses for the number of IVR Ports that represent the maximum number of concurrent callers that can be processed by the IVR system. Learning Credits: may be used to acquire education products and services offered in the Oracle University online catalogue posted at h�llwww.@�le.com/education under the terms specified therein. Learning credits may only be used to acquire products and services at the list price in effect at the time you order the relevant product or service, and may not be used for any product or service that is subject to a discount or a promotion when you order the relevant product or service. The list price will be reduced by applying the discount specified on your order. Notwithstanding anything to the contrary in the previous three sentences, learning credits may also be used to pay taxes, materials and/or expenses related to your order; however, the discount specified above will not be applied to such taxes, materials and/or expenses. Learning credits are valid for a period of 12 months from the date your order is accepted by Oracle, and you must acquire products and must use any acquired services prior to the end of such period. You may only use learning credits in the country in which you acquired them, may not use them as a payment method for additional learning credits, and may not use different learning credits accounts to acquire a single product or service or to pay related taxes, materials and/or expenses. Learning credits are nontransferable and non -assignable, You may be required to execute standard Oracle ordering materials when using learning credits to order products or services. Monitored User: is defined as an individual who is monitored by an Anaiytics program which is installed on a single server or multiple servers, regardless of whether the Individual is actively being monitored at any given time. Individual users who are licensed for an Analytics program by either Named User Pius or Application User may not be licensed by Monitored User. For the purposes of the Usage Accelerator Analytics program, every user of your licensed CRM Sales application program must be licensed. For the purposes of the Human Resources Compensation Analytics program, all of your employees must be licensed. For the purpose of the following Oracle Governance, Risk, and Compliance applications: Application Access Controls Governor, Application Access Controls for E-Business Suite, Configuration Controls Governor, Configuration Controls for E-Business Suite, Transaction Controls Governor, Preventive Controls Govemor, and Governance, Risk, and Compliance Controls Suite, the number of Monitored Users is equal to the total number of unique E-Business Suite users (individuals) being monitored by the program(s), as created/defined in the User Administration function of E-Business Suite. Users of !Procurement and/or Self -Service Human Resources are excluded. For the purpose of the following PeopleSoft Enterprise Governance, Risk, and Compliance applications: Application Access Controls Governor, Application Access Controls for PeopleSoft Enterprise, Configuration Controls Governor, and Configuration Controls for People5oft Enterprise, the number of Monitored Users is equal to the total number of unique PeopleSoft Enterprise (or any other custom applications /programs) users (individuals) that the program monitors. 28f30510 - 3.Caryl.Sel1 Issued by ORACLE USA, INC. 14-MAY-2009 Page 5 of t& Named But Plus/ Named User: is defined as an individual authorized by you to use the programs which are installed on a single server or multiple servers, regardless of whether the individual is actively using the programs at any given time. All of the remaining provisions of this definition apply only with respect to Named User Plus licenses, and not to Named User licenses. A non human operated device will be counted as a named user plus in addition to all individuals authorized to use the programs, if such devices can access the programs. If multiplexing hardware or software (e.g., a TP monitor or a web server product) is used, this number must be measured at the multiplexing front end. Automated batching of data from computer to computer Is permitted. You are responsible for ensuring that the named user plus per processor minimums are maintained for the programs contained in the user minimum table in the licensing rules section; the minimums table provides for ifre minimum number of named users plus required and all actual users must be licensed. For the purposes of the following programs: Configuration Management Pack for Nan -Oracle Systems, Configuration Management Pack for Applications, System Monitoring Piug•in for Hosts, System Monitoring Plug-in for Non Oracle Databases, System Monitoring Piug-in for Non Oracle Middleware, Diagnostics Pack for Non -Oracle Middleware, Management Pack for WebCenier Suite, Management Pack for IBM Websphere Portal and Provisioning Pack, only the users of the program that is being managed/monitored are counted for the purpose of determining the number of Named User Plus licenses required. For the purposes of the following programs: Application Management Pack for Oracle E-Business Suite, Application Change Management Pack for Oracle E-Business Suite, Application Management Pack for Siebel, and Application Management Pack for PeopleSoft Enterprise, all users of the middleware and/or database software that support the respective application program are counted for the purpose of determining the number of Named User Plus licenses required, With respect to the following programs: Load Testing for Web Applications, Load Testing for Web Applications Developer Edition, Load Testing Accelerator for Web Services, and Load Testing Accelerator for Siebel, each emulated human user and non human operated device shall be considered as a virtual user and shall be counted when determining the number of Named User Pius licenses required. Non -Concurrent User: is defined as an additional client device beyond th® concurrent user count chat can be enabled to access the program by the installation of BEA's licensable client products. Non Employee User -External: is defined as an individual, who is not your employee, contractor or ouisourcer, authorized by you to use the programs which are installed on a single server or multiple servers, regardless of whether or not the individual is actively using the programs at any given time. Oracle Finance Division Contract: is a contract between you and Oracle (or one of Oracle's affiliates) that provides for payments over time of some or all of the sums due under your order. Oracle University Knowledge Center Service: is defined as a web based teaming environment hosted by Oracle that provides on demand access to either an Individual Oracle University training course ("Online Course") or to ail (or limited content subsets) of the Oracle University (raining courses available on the Knowledge Center website ("Passport"), The Oracle University Knowledge Center Service is available at http://www,oracle.com/education/0ukc/, and is made available to you subject to the terms of this agreement and Oracle University's Online Hosting Access Policies, which are located at http:/Av wr.oracle.com/educationtoukc/hosting j>olicios,htmi and may be updated by Oracle from time to time without notice to you. Online Courses and Passports are made available on a membership basis. In the event that any Oracle programs are made available for download as part of the service, then use of such programs is subject to the terms of this agreement. If you acquire the Oracle University Knowledge Center Service, the term shah be one or two year(s) from the effective date of your order. Oracle University Knowledge Center Service is licensed on an individual subscriber basis and is non -transferable and non -assignable. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, ORACLE DOES NOT WARRANT THAT THE ORACLE UNIVERSITY KNOWLEDGE CENTER SERVICE WILL BE PROVIDED UNINTERRUPTED OR ERROR -FREE. Physical Server: is defined as each physical server on which the programs are installed. 2880510 - 3.CaryLSeif Issued by ORACLE USA, INC. i A-ft4AY-2009 Page 6 of 16 Processor: shall be defined as all processors where the Oracle programs are installed and/or running. Programs licensed on a processor basis may be accessed by your internal users (including agents and contractors) and by your third party users. The number of required licenses shall be determined by multiplying the total number of cores of the processor by a core processor licensing factor specified on the Oracle Processor Core Factor Table which can be accessed at http://oracle.com/contracts. All cores on all multicore chips for each licensed program are to be aggregated before multiplying by the appropriate core processor licensing factor and all fractions of a number are to be rounded up to the next whole number. When licensing Oracle programs with Standard Edition One or Standard Edition in the product name, a processor is counted equivalent to an occupied socket; however, in the case of multi -chip modules, each chip in the multi -chip module is counted as one occupied socket. For example, a mullicore chip based server with an Oracle Processor Core Factor of 0.25 installed and/or running the program (other than Standard Edition One programs or Standard Edition programs) on 6 cores would require 2 processor licenses (6 multiplied by a core processor licensing factor of .25 equals 1.50, which is then rounded up to the next whole number, which is 2). As another example, a muiticore server for a hardware platform not specified in the Oracle Processor Core Factor Table installed and/or running the program on 10 cores would require 10 processor licenses (10 multiplied by a core processor licensing factor of 1.0 for'AII other muilicore chips' equals 10). For the purposes of the following program: Healthcare Transaction Base, only the processors on which Internet Application Server Enterprise Edition and Healthcare Transaction Base programs are installed and/or running must be counted for the purpose of determining the number of licenses required. For the purposes of the following programs: !Support, !Store and Configurator, only the processors on which Internet Application Server (Standard Edition and/or Enterprise Edition) and the licensed program (e.g., !Support, iStore and/or Configurator) are running must be counted for the purpose of determining the number of licenses required for the licensed program; under these licenses you may also install and/or run the licensed program on the processors where a licensed Oracle Database (Standard Edition and/or Enterprise Edition) is installed and/or running. For the purposes of the following programs: Configuration Management Pack for Non -Oracle Systems, Configuration Management Pack for Applications, System Monitoring Plug-in for Hosts, System Monitoring Plug-in for Non -Oracle Databases, System Monitoring Plug-in for Non -Oracle Middleware, Diagnostics Pack for Nan -Oracle Middieware, Management Pack for WebCenter Suite, Management Pack for IBM Websphere Portal and Provisioning Pack, only the processors on which the program that is being managed/monitored are running must be counted for the purpose of determining the number of licenses required. For the purposes of the following programs: Application Management Pack for Oracle E-Business Suite, Application Change Management Pack for Oracle E-Business Suite, Application Management Pack for Siebei, and Application Management Pack for PeopleSoft, all processors on which the middleware and/or database software that support the respective application program are running must be counted for the purpose of determining the number of licenses required. For the purposes of the following programs: Data Integrator Enterprise Edition, Data Integrator and Application Adapter for Data Integration, informatica PowerCenter and PowerConnect Adapters, Application Adapters for Data Integration, and Application Adapter for Warehouse Builder for: PeopleSoft, Oracle E-Business Suite, Slebei, and SAP, only the processor(s) on which the target database is running must be counted for the purpose of determining the number of licenses required. For the purposes of the following program: Audit Vault Collection Agent, only the processors of the database sources from which audit data is collected must be counted for the purpose of determining the number of licenses required. For the purposes of the following program: in -Memory Database Cache, only the processors on which the Times Ten In -Memory Database component of the In -Memory Database Cache program is installed and/or running must be counted for the purpose of determining the number of licenses required. Program Documentation: is defined as the Program user manual and Program instailalion manuals. 2$$4510 - 3.Caryi.Seif Issued by ARACLE USA, INC. 14-MAY-2009 Page 7 of 16 Record: The Customer Nub 62B is a bundle chat includes hwo components, Siebei Universal Customer Master 62B and Oracle Customer Data Hub. For the purposes of the Customer Hub B213 application, record is defined as the total number of unique customer database records stored in the Customer Hub 6213 application (i.e., stored in a component of Customer Hub B213). A customer database record is a unique business entity or company record, which is stored as an account for the Siebei Universal Customer Master B26 product or as an organization for the Oracle Customer Data Hub product. The Customer Hub B2C is a bundle that Includes two components, Siebel Universal Customer Master 132C and Oracle Customer Data Hub. For the purposes of the Customer Hub 132C application, record is defined as the total number of unique customer database records stored In the Customer Hub B2C application (Le,, stored in a component of Customer Hub B2C). A customer database record is a unique consumer (i.e., physical person) record, which is stored as a contact for the Slebel Universal Customer Master product or as a person for the Oracle Customer )ate Hub product. The Product Hub is a bundle that includes two components, Slebel Universal Product Master and Oracle Product Information Management Data Hub. For the purposes of the Product Hub application, record is defined as the total number of unique product database records stored In the Product Hub application (Le,, stored in a component of Product Hub). A product database record is a unique product component or SKU stored in the MTl_SYSTEMITEMS table with an active or inactive status and does not include any Instance items (i.e. "-star items) or organization assignments of_the same item. For the purposes of the Case Hub program a record is defined as the total number of unique case database records stored in the Case Hub program. A case database record is a unique request or issue requiring investigation or service stored in S_CASE table with an active or inactive status. For the purposes of the Site Hub program a record is defined as the total number of unique site database records stored in the RRS_SITES B table of the Site Hub program. A site database record is a unique site (e.g., an asset, a building, part of a building (such as a store or a franchise within a store, an ATM, etc.)) stored in the Site Hub program. For the programs listed above, please see the application licensing prerequisites as specified in the Applications Licensing Table which may be accessed at httpaloracie.corn/contracts for the grant and restrictions of the underlying Oracle technology. For the Hyperion Data Relationship Management program, a record is defined as the unique occurrence of any business object or master data construct that you choose to manage within the program. Records may describe any number of enterprise information assets, commonly referred to as base members, including but not limited to cost centers, ledger accounts, legal entities, organizations, products, vendors, assets, locations, regions or employees. Additionally, a record may also be a summary object, commonly referred to as a roliup member, that either summarizes base members or describes hierarchical Information associated with underlying base members. Records represent unique occurrences and they do not include any duplicates or shared references that may be essential for master data management purposes. 1000 Records: is defined as 1000 cleansed records (i.e., rows) that are output from a production data flow of the Data Quality for Data Integrator program. Registry Instance: is defined as a single installed copy of the program on one computer. A program specifying "Named Project" as part of the program name may only be used with a single spocific internal use application as identified in the applicable ordering document, running on a single installed copy of the program. A program specifying "Named Division" as part of the program name may only be used by a single discreet business sub -unit within your organization as identified in the applicable ordering document. There is no restriction on the number of Projects for which the program may be used within your identified discreet business sub -unit, provided that such use does not exceed the authorized number of registry instances for which you have paid the applicable fees. A program specifying "Named Enterprise" as part of the program name may only be used by your business entity, whether a corporation, partnership, limited liability company, or otherwise, exclusive of any subsidiary, parent or other related entities. There is no restriction on the number of projects or divisions for which the program may be used within your business entity, provided that such use does not exceed the authorized number of registry instances for which you have paid the applicable fees. A program specifying "Named Multi Enterprise" as part of the program name may only be used by your business entity, whether a corporation, partnership, limited liability company, or otherwise, including any subsidiary, parent or other related entities where you control, are controlled by or are under common control with such related entities. As used herein, "control" shall mean ownership of greater than 50% of the equity interest In an entity. There is no restriction on the number of projects or divisions for which the program may be used within your entire business entity, provided that such use does not exceed the authorized number of registry instances for which you have paid the applicable as. Rule Set: is defined as a data rules file containing content for a given country in order to perform data quality functions optimized for that country. Server: is defined as the computer on which the programs are installed. A Server license allows you to use the licensed program on a single specified computer. Server Adapter: is defined as a machine or duster and the interface to a unique and discrete application instance. 2880510 - 3.Caryi.Self Issued by ORACLE USA, INC. i d-MAY-2009 Page 8 of 16 Technical Raferenoe R9anuais ("TRltiAs"): are Oracle's confidential information. You shelf 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 (east the same degree of care to safeguard the confidentiality of the TRMs as you exerclse 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 httpl/oracle.comlcontracts. Technical support is effective upon the effective date of the ordering document unless athenvlse stated in your order, if your order was placed through the Oracle Store, theV Ve 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, it 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 6% 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 5% over the prior year's fees, If you decide to purchase technics! support for any license within a license set, yau are required to purchase technical support at the soma level for all licenses within chat license set. You may desupport a subset of licenses in a bccnse 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 suppori 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. Terabytes is defined as a terabyte of computer storage space used by a storage filer equal to ono trillion bytes. Tiered Server: A Tier refers to the maximum eapaciy of the server on which the program is installed. A program specifying "Tier 1" as part of the program name is IEmited to servers with a maximum capacity of 1 or 2 Intel processors {dual core) or i Intel processor (quad core) or entry level RISC workstations and servers. A program specifying "Tier 2" as part of the program name is limited to servers with a maximum capacity of 3 or 4 Intel processors (dual core) or 2 Intel processors (quad core) or Midrange RISC Unit or dual processor servers and workstations or one RISC processor with 4 or 6 cores. A program specifying "Tier 3" as part of the program name is limited to midrange multiprocessors with a maximum capacity of 8 Intel processors (dual core), 4 Intel/RISC processors (quad core or 6 core), or 2 RISC processors (8 core) per system capacity. For Tuxedo Run Time, an additional per CPU charge will apply when the customer exceeds the base count of 4 processors. A program specifying "Tier 4" as part of the program name is limited to large systems, with more than 8 processors and less than 32 processors per system capacity. For Tuxedo Run Time, an additional per CPU charge will apply when the customer exceeds the base count of B processors. A program specifying "Tier 5" as part of the program name is limited to massively parallel systems with greater than 32 processors per system capacity. For Tuxedo Run Time, an additional per processor charge will apply when the customer exceeds the base count of 16 processors. A program specifying "Tier 6" as part of the program name is limited to IBM and PCM and other Mainframe computing systems. For Tuxedo Run Time, an additional per processor charge will apply when the customer exceeds the base count of 2 processors. Trading Partner: is defined as an end user of a business to business (82B) hub. Transaction: is defined as each sot of interactions that is initiated by an application user recorded by Oracle Enterprise Manager to capture availability and performance metrics used in calculating service levels. For example, the following set of interactions would represent one transaction: login, search customer, tog out. 2850510 - 3.CaryLSeH Issued by ORACLE USA, INC. 14-MAY-2009 Page 9 of iti TOPS/Cluster: is defined as a unit of functionality executed by a BEA WebLogic Network Gatekeeper (WLNG) module such as calsetup or sending a message per cluster. "Cluster" shall mean one or more physical hardware servers located at a single geographical site, running any number of instances of WLNG Standard Edition. For a given cluster, WLNG monitors the number of TOPS executed by each WLNG module in 5 minute intervals. After each 24 hours of WLNG operation on a given cluster, the busiest 60 consecutive minute period will be identified by the product, and the total number of TUPS during that busiest hour will be divided by 3600, yielding the number of TUPS required to be licensed by you for that cluster. TUPS: is defined as a unit of functionality executed by a DF�4 WebLogic Network Gatekeeper module such as call setup ar sending a message. Unique Qaily User: is defined as any single user who accesses the software one or more times on any given calendar day. User: is defined as an individual authorized by you to use the programs which are installed on a single server or multiple servers, regardless of whether or not the individual is actively using the programs at any given time. Term Designation If your program license does not specify a term, the program license is perpetual and shall continue unless terminated as otherwise provided in the agreement. 1, 2, 3, 4, S Year Terms: A program license specifying a 1, 2, 3, 4 or 5 Year Term shalt commence on the effective date of the order and shall continue for the specified period. At the end of iha specified period the program license shalt terminate. 1 Year Hosting Term: A program license specifying a 1 Year Hosting Term shall commence on the effective date of the ord®rand shalt continue for a period of 1 year. Af the end of the t year the program license shall terminate. A program license specifying a 1 Year Hosting Term may only be used for providing internet hosting services. 1 Year Oracle Hosted Term: A program license specifying a 1 Year Oracle Hosted Term shall commence on the effective dale of the order and shall continue for a period of t year: At the end of the 1 year the program license shal.! term'Inete: A nmgram licPnga tnerifying a 1 year Oracle Hosted Term must be hosted by Oracle.com via Computer and Administration services. 1 Year Subscription: A program license specifying a 1 Year Subscription shall commence on the effective date of the order and shall continue for a period of 1 year. At the end of the 1 year the program license shalt terminate. Faiiover: Subject !o the conditions that follow below, your license for the following programs, Oracle Database (Enterprise Edition, Standard Edition or Standard Edition One}, Oracle Database Enterprise Edition Options, Oracle Intornat Application Server (Enterprise Edition, Standard Edition, Standard Edition One or Java Edition), Oracle Internet Application Server Options, Business Intelligence Suite Enterprise Edition Plus, Business intelligence Server Enterprise Edition, Business Intelligence (Standard Edition or Standard Edition One), WebLogic (Server Standard Edition, Server Enterprise Edition, Suite, Suite Options or Application Grid), Tuxedo and Adapters, Oracle Enterprise Repository, Entitlements Server, Entitlements Server Security Module, Directory Services, Identity Federation, Oracle Essbase Plus and those programs with "BEA" in the program name includes the right to run the licensed program(s) on an unlicensed spare computer in a failover environment for up to a total of ten separate days in any given calendar year (for example, if a failover node Is down for two hours on Tuesday and three hours on Friday, it counts as two days). The above right only applies when a number of machines are arranged in a cluster and share one disk array. When the primary node fails, the failover node acts as the primary node. Once the primary node is repaired, you must switch back to the primary node. Once the failover period has exceeded ten days, the failover node must be licensed. In addition, only one failover node per clustered environment is at no charge for up to ten separate days even if multiple nodes are configured as failover. Downtime for maintenance purposes counts towards the ten separate days limitation. When licensing options on a failover environment, the options must match the number of licenses of the associated database. Additionally, when licensing by Named User Plus, the user minimums are waived on one failover node only. Any use beyond the right granted in this section must be licensed separately. In a failover environment, the same license metric must be used for the production and failover nodes when licensing a given clustered configuration. testing: For the purpose of testing physical copies of backups, your license for the Oracle Database (Enterprise Edition, Standard Edition or Standard Edition One) includes the right to run the database on an unlicensed computer for up to (our times, not exceeding 2 days per testing, in any given calendar year. You are responsible for ensuring that the following restrictions are not violated: 2880510 - 3.Caryi,Self issued by ORACLE USA, INC. 14-MAY-2009 Page 10 of 16 Oracle Database Standard Edition can only be licensed on servers that have a maximum capacity of 4 sockets. Oracle Database Standard Edition, when used with Oracle Real Application Clusters, may only be licensed on a single cluster of servers supporting up to a maximum capacity of 4 sockets. ® Gracie Standard Edition One, Internet Application Server Standard Edition One and Portal Standard Edition One can only be licensed on servers that have a maximum capacity of 2 sockets. ® WebLogic Server Standard Edition does not include WebLogic Server Clustering. ® Business Intelligence Standard Edition One can only be licensed on servers that have the ability to run a maximum ai 2 sockets. The data sources for BI Server and BI Publisher are limited to the included Oracle Standard Edition One, one other database, and any number of flat file sources such as CSV, and XLS. You may use Oracle Warehouse Builder Core ETL to pull data from any number of data sources but you must use only the included Oracle Standard Edition One as the target database. ® (nformatica PowerCenter and PowerConnect Adapters may not be used on a standalone basis or as a standalone ETL tool. The Informatica PowerCenter and PowerConnect Adapters may be used with any data source provided the target(s) are: (I) the Oracle Business Intelligence applications programs (excluding Hyperion Enterprise Performance Management Applications), (ii) the underlying platforms on which the Oracle Business Intelligence Suite Enterprise Edition Plus program, Oracle Business Intelligence Standard Edition One or associated components of those Business Intelligence applications programs run, or (ii!) a staging database for any of the foregoing. informatica PowerCenter and PowerConnect Adapters may also be used where the Oracle Business Intelligence applications programs (excluding Hyperion Enterprise Performance Management Applications) are the source and non -Oracle Business Intelligence application programs are the target, provided, that users do not use Informalica PowerCenter and PowerConnect Adapters to transform the data. Hyperion data integration Management, Hyperion Data Integration Panagement Team Based Development, and dhe Hyperion Data Integration Management Adapters for SAP BW, SAP R3, PeopleSoft and Siebei are licensed by Computer. Each Computer license is limited to support the use of up to 8 CPUs and each Computer license must be licensed in increments of 8 CPUs. Each core is recognized as a CPU. For computers that have more than 8 CPUs, additional Computer licenses must be purchased based upon the amount of CPUs that you are using. For example, it you are using Hyperion Data Integration Management on 12 CPUs, you need to purchase 2 Computer licenses; if you are using Hyperion Data Integration Management on 17 CPUs, you need to purchase 3 Computer licenses. These programs may be used solely in connection, with moving data into and o"1 of a Hyperion Data Store(s) (data/metadata repository(ies) delivered with the Hyperion programs,) These programs may not be used to extract data from a non -Hyperion Data Store(s) to load a custom data warehouse (a data warehouse not built solely from data in a Hyperion Data Store(s), The Hyperion Data Integration Management Computer license allows for such program to 1) connect to the following relational databases only: Oracle, Sybase, IBM DB21 MS SQL Server and 2) source from and write to an unlimited number of flat file/XML files. Hyperion Data Integration Management Adapters for SAP BW, SAP R3, PeopleSoft and Slabel must be licensed separately to allow Hyperion Data Integration Management to connect to these additional sources. The number of Hyperion program option licenses must match the number of licenses of the associated Hyperion program. The license for the Hyperion Planning Plus program includes a I!mlted use license for the Hyperion Essbase Pius, Hyperion Flnanciai Reporting, Hyperion Web Analysis and Gracie Data Integrator -Target Database programs. Such limited use license means that the Hyperion Essbase Plus, Hyperion Financial Reporting, Hyperion Web Analysis and Oracle Data Integrator - Target Database programs may only be used to access data from the Hyperion Planning Plus program. Specifically, the Hyperion Essbase Plus program cannot be used to create Essbase cubes that do not contain data used by the Hyperion Planning Plus program and the Aggregate Storage option component of the Hyperion Essbase Pius program may not be used. The license for the Hyperion Profitability and Cost Management program includes a limited use license for the Hyperion Essbase Plus, Hyperion Financial Reporting, Hyperion Web Analysis and Oracle Data Integrator -target Database programs. Such limited use license means that the Hyperion Essbase Ptus, Hyperion Flnanciai Reporting, Hyperion Web Analysis and Oracle Data Integrator - Target Database programs may only be used to access data from the Hyperion Profitability and Cost Management program. Specifically, the Hyperion Essbase Plus program cannot be used to create Essbase cubes that do not contain data used by the Hyperion Profitability and Cost Management program and the Aggregate Storage option component of the Hyperion Essbase Plus program may not be used. The license for the Hyperion Data Relationship Management program includes a limited use license for both the WebLogic Server Standard Edition and BPEL Process Manager programs. Such limited use license means that the WebLogic Server Standard Edition and BPEL Process Manager programs may only be used to enable workflow functions in order to process requests within the Hyperion Data Relationship Management program. 2880510.3.Caryi.Seli Issued by ORACLE USA, INC. 14-MAY-2009 Page 11 of 96 You may run only one data repository of the Oracle Real User Experience Insight per server regardless of the number of processors that are licensed for a server. ® BEA WebLogic Server Advantage Edition does not include WebLogic Servor Clustering. BEA WebLogic Server Mid -Market Edition can only be licensed on servers that have a maximum capacity of 2 CPUs. This program does not include WebLogic Server Clustering. ® The use of the BEA WebLogic Server SDK program is limited to 5 concurrent IP connections. ® The use of the BE.A WebLogic Platform SDK program is limited to 6 concurrent 1P connections. � The use of the BEA WebLogic 5DK Professional Edition program is limited to 6 eencurrent IP connections. ® BEA Weblogic Network Gatekeeper Standard Edition Base Platform indudes a limited use license of BFr4 WebLogic SIP Server. The limited use license entities you to use the BEA WebLogic SIP Server program only to access the features and functions of WebLogic Network Gatekeeper Standard Edition. ® BEA WebLogic Network Gatekeeper TWS Edition Base Platform indudos a limited use license of BEA WebLogic SIP Server IMS Edition. The I(mited use license entities you to use the BEA WebLogic SIP Server IMS Edition program only to access the features and functions of WebLogic Network Gatekeeper TWS Edition. ® The use of the BEA WebLogic WorkGroup Edition is limited to 20 concurrent IP connections. This program does not include WebLogic Server Clustering. � BEA WebLogic Operations Contro! includes 5 tnstancPs of WebLogic Operations Contro! Managed instance and WebLeg!c Operations Control Liquid VM Container. ® BEA AquaLogic Enterprise Repository Professional Edition program is limited to 5 unique daily users as defined above. � BF�1 AquaLogic Enterprise Repository is limited io 10 unique daily users as defined above. ® For the BEA AquaLogic Enterprise Repository program, you may oat have both named users and unique daily users in your environment. pleaseConcurrent User Minimum To determine the tier of your server , server license metric definition above. 288051p . 3.Garyi.Selt Issued by ORACLE USA, INC. f4-MAY•2008 Page 12 of 16 BEA WebLogic Server Process Edition does not include the folowing features: message brokering, human workflow nor B26 capabilities. ® BEA Tuxedo CFS and BEA Tuxedo CRS-R do nat include the following features: lWS, !Q, !COBOL, lDCE, transaction, events, DOMAINS, admin API, ACLs (access control list security option), link level encryption nor web browser GUI admin. in addition, BEA Tuxedo CRS-R does not include the following features: buffer type, FMIJXML support, bridge process nor MP mode. BEA SmartConnect (SC) includes a limited use license for AquaLogic Service Bus {ALSB). The limited use license entitles you to use only the following features of ALSB: ALSB pipeline actions limited to routing, monitoring and togging; connectivity to SC Is itrifted to connection via WebServices and JMS protocols only; the SC instance may be deployed only into a cluster containing other SC Instances. You have no right to use any other features from the ALSB program including, for example, extensibility by custom ALSB transports and/or use of user -created XSLT or XQuery transformations. Foe the purposes of the Primavera Web Services program, developers and end users who are not already licensed for Primavera P6 Enterprise Project Portfolio Management and who need access to applications created using P6 Web Services and/or P6 Java APis, must be licensed for the Primavera Web Services program. 2880510 - 3.Caryl.Self Issued by ORACLE USA, INC. 14-MAY-2009 Pagel3of 1G if you purchase Named User Plus licenses for the programs listed below, you must maintain the following user minimums and user maximums: • ..ILIF The :. Oracle Database Enterprise Edition P441117 =4 ` • fEnterprise1 • Processor25 Named Users Plus per CODASYLDBMS Weli Server Standard Edition 110 Named Users Plus per Processor WebLogic Server Enterprise Edition .. 10 Named Users Plus per Processor •.. • P L I A! Rl 01 W OT41 us V I 17 S I I I M i 9 IN Is ,Coherence Standard Edition - I • . WTA * r- • • 0 Named Users Plus per Processor Coherence Enterprise Edition 110 Named Users Plus per Processor 141 177TUTITTMen rf 110 Named Users Pius per Processor Internet Application Server Standard Edition Internet Application Server Enterprise Edition 110 Named Users Plus per Processor* 10 Named Users Plus per Processor" .: 1 1 I 1_.. 1170 IT111111111111 .._.._... .. 1 Named _... Users •.._. per Processor lus 11a 1771'sWiTT-111:1 Ts* 1161 lamed Users Plus per Processor Forms and Reports 10 Named Users Plus per Processor 1 • .. I_.. Named _... per Processor Users Plus Web Services ManagerUniversal W7RTqT*T1J!j�! =&MV.115mil =$40mrWiR Al Named Users Plus per Processor Event"Driven Architecture Suite offli !10 Named Users Plus per Processor WebCanter Suite �10 Named Users Plus per Processor Vell-"aW W4114=1 10 Named Users Plus per Processor -... Management Standard R • Content • •rContent e... I.... Named Users Plus er ocessor Universal Content Management WIT1 "aft ;1VT.AMr7l32Z�M=a !10 Named Users Plus per Processor Conversion ,... , 1 Named Users nlus • . Processor Named User Plus Minimum does not apply if the program is installed on a one processor machine that allows for a maximum of one user per program. Edition 2880510 - 3.Caryl.Self Issued by ORACLE USA, INC. t-0-MAY-2009 Page 14 of t6 If licensing by Named User Pius, the number of licenses for the programs listed below in column A must match the number of licenses of the associated program listed In column B. in the case where the minimum number of Named User Plus licenses are/were purchased, the number of licenses may not match due to variance in core factors between the time the respective programs were licensed. If licensing by Processor, the number of licenses for the programs listed below in column A must match the number of licenses of the associated program listed in column B. in the case where the programs are licensed at different times, the number of licenses may not match due to variance in core factors between the time the respective programs were licensed• in that case the number of cores used to determine the number of licensed processors for the programs listed below in column A must match the number of cores used to determine the number of licensed processors of the associated program listed in Column B. Associated programs are those programs being used in conjunction with the program in Column A. =-t &17T:x:rdl( 0=1 0181115MI711M. ME F.TOT411MINOTIX1111 :Oracle Database Enterprise Edition, Audit Vault Server MOON 614OPM91 •. • • . 1 •. • .• e• Testing, Advanced Compression, Total Recall :;Change Management Pack, Configuration Management I !Configuration Management Pack for Oracle Database, Provisioning ;and Patch Automation Pack for Database, Data Masking Pack I 'RDB Server Options*w TRACE Rdb Enterprise Edition, CODASYL DBMS 1• Suite for• Oracle Middleware, Management Application Server Enterprise Management"m Diagnostics Pack r Associated a plicatio s ry program being managed by the program Oracle Middtewaire,n Management Pack forOracle Fusion Middleware, Provisioning and Patch Automation Pack for Oracle Middloware, Management Pack Plus for SOA, Composite Application •Management Pack Pack for Oracle Coherence" �Coherence Enterprise Edition, Coherence Grid Edition Business Intelligence Server Enterprise Edition Optionso :Business Intelligence Server Enterprise Edition InteractiveManagement Dashboard, Delivers, Answers, • and Reporting . Publishing Business - I - ntelligence Suite--E- n-terprise Edition Plus Optionm 'Business Intelligence Suite Enterprise Edition Plus Business Intelligence Management lim:inl r it 111477maM ._• 1 • .- Beehive Platform • imomminammo ..• • - Hyperion Financial Data Quality Management Options- Hyperion Hyperion Financial Data Quality Management Financial Data Quality ManagementAdapter for Management,•• • Data Quality ManagementAdapterEm Hyperion Financial Data Quality Management for Hyperion WHypedon Financial Date Quality Management for Hyperion Enterpris • - •r Hyperion •. •Management Adapter Hyperion Data Integration Management Options� Hyperion D atal Hyperion Data Integration Management ritegration Management Source Adapter, Hyperion Data Integration Management - • Development 2880510 - 3.Caryi.Self Issued by ORACLE USA, INC, i4-MAY-2009 Page t5 of 16 °If licensing by Named User Pius you must maintain, at a minimum, 25 Named Users Plus per Processor per associated program. If licensing by Named User Plus you must maintain, at a minimum, 10 Named Users Plus per Processor per associated program, 2880510 - 3.Gary1.5e1( Issued by ORACt E USA, INC. 14-MRY-2009 Page t6of 16 Oracle Ordering Document Signature Paae Oracle License and Services Agreement June 2009 CITY OF FORT WORTH ORACLE USA, INC. Tom Higgins Assistant City Manager Date: 6 �Z6,ZCJ7 ATTEST: APPROVED AS TO FORM AND LEGALITY: onica Wofford W Authorization M&C: P-10983 U� l U" M Contract Number _, �� G L dsay MacKa Contracts Manager, Oracle USA, Inc. Date: COUNCIL ACTION:...Approved on 6116120Q9 DATE: Tuesday, June 16, 2009 LOG NAME: 350RACLE REFERENCE NO.: **P-10983 SUBJECT: Authorize a Purchase Agreement with Oracle USA, Inc., through the State of Texas Department of Information Resources Contract No. DIR-VPC-03-018, for Software Licenses and Maintenance Support in Connection with the Automated Records Management System Upgrade for the Fort Worth Police Department in the Amount of $47,439.70 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to authorize a Purchase Agreement with Oracle USA, Inc., in the amount of $47,439.70, through the State of Texas Department of Information Resources Contract No. DIR-VPC-03-018, for software licenses and maintenance support in connection with the Automated Records Management System upgrade for the Fort Worth Police Department. DISCUSSION: On February 17, 2009, the City Council authorized the execution of a contract with Tiburon, Inc., (Tiburon) to upgrade the Police Automated Records Management System (M&C C-23344). During further discussion with Tiburon, it was learned that the version of Oracle Database Software Tiburon utilized was being upgraded. Therefore, the City must also upgrade to remain compatible. The cost of purchasing four Oracle Database Standard Edition Licenses, along with the first year of support, is $47,439.70. The City will use the State of Texas Department of Information Resources (DIR) Contract No. DIR-VPC-03-018 to procure the software licenses and annual maintenance support required from the vendor. This purchase is an upgrade of a current version of Oracle Database Software License approved by M&C P-10017 in September 2004. DIR is authorized to offer its cooperative purchasing program to state agencies, public institutions of higher learning, public school districts and local governments. Pursuant to Government Code Section 2054.0565 (b), a political subdivision that purchases goods and services under a DIR contract satisfies otherwise applicable competitive bidding requirements. RENEWAL OPTIONS -Upon approval of this action, the City shall have the option to renew this Agreement for four additional one year periods. No specific City Council action is required if sufficient funds are appropriated to satisfy the City's obligation for the renewal period. M/WBE - A goal is not required when making a purchase from an approved cooperative purchasing program or public entity. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of The Crime Control and Prevention District Fund. BQ N\xx\ Lognaine: 350RACLE Page 1 of 2 FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office bv: Originating_Department Head: Additional Information Contact: FROM Fund/Account/Centers GR79 _539120 0359806 Tom Higgins (6183) Jeffrey W. Halstead (4210) Shannon Hawkins (4249) $47,439.70 Logname: 35ORACLE Page 2 of 2