HomeMy WebLinkAboutContract 39722-R225-Feb-13
Dana Duckworth
City of Fort Worth
1000 Throckmorton Street
FORT WORTH
TX 76102
United States
Dear Dana,
The technical support services and benefits provided under service contract Skire Inc. Software
Maintenance Agreement (Contract No. 39722). will expire, or have expired, on 30-Sep-12. Please find
attached an ordering document for the renewal of this service contract. If applicable, the attached
ordering document may also include incremental technical support services newly acquired.
To ensure that there is no interruption to the technical support services and benefits provided under service
contract Skire Inc. Software Maintenance Agreement (Contract No. 39722), please order the technical
support services on this ordering document by issuing a form of payment acceptable to Oracle in accordance
with the attached Order Processing Details section on or before28-Feb-13.
If further information is required, please contact me at the a -mail address or telephone number provided
below.
Regards,
Jason Haydel
Oracle Support Services
E-mail:jason.haydel@oracle.com
Tel.:
Fax:
Page 1 of 6
RL_Specified_Agreement v030109
K
�'C�IV�D MAY 15 2171�
•
Service Contract #:
Offer Expires:
Payment Terms:
Billing Terms:
Ordering Document
SKI-1083-001-2
4-Mar-13
30 NET from date of
invoice
Quarterly in Arrears
CUSTOMER: City of Fort Worth
QUOTE TO
Account Contact:Dana Duckworth
Account Name: City of Fort Worth
Address: 1000 Throckmorton
Street
FORT WORTH
TX 76102
United States
Telephone: 682 432 4155
Fax:
E-mail: dana.duckworth@fortworth
v.org
Renewal Contact:
Telephone:
Fax:
E-mail:
BILL TO
Syed Basheeruddin
syed.basheeruddin@oracle.com
Account Contact
Account Name:
Address:
Telephone:
Fax:
ail:
City of Fort Worth
1000 Throckmorton Street
FORT WORTH
TX 76102
United States
Oracle may provide certain information and notices about technical support via a -mail. Accordingly, please
verify and update the Quote To and Bill To information above to ensure that such communications and
notices are received from Oracle. If changes are required, please e-mail or fax the updated information to
Jason Haydel at jason.haydel@oracle.com or . Please also include service contract number
Skire Inc. Software Maintenance Agreement (Contract No. 39722)on such reply.
Page 2 of 6
RL Specified9Agreement v030109
Product Description
Skire Capital Project &Program
Management - Named User
Perpetual
CSI # Qty License
Metric
18751513 400
License Start Date
Level / Type
1-Oct-12
Subtotal:
Final Price
75,313.12
USD 75,313.12
Service Level: Skire Maintenance End Date: 30-Sep-13
Product Description
Skire Capital Project &Program
Management - Named User
Perpetual
CSI # Qty License
Metric
18751513 400
License Start Date
Level / Type
1-Oct-12
Subtotal:
Final Price
75,313.12
USD 75,313.12
Total Amount: USD 75,313.12
plus applicable tax
Notes:
1. If any of the fields listed above are blank, the program licenses were acquired under a separate license
model in which such field(s) does not apply.
2. If a change to the Service Details provided above is required, please contact Jason Haydel at or
at jason.haydel@oracle.com and an updated ordering document will be provided to you in
accordance with Oracle's technical support policies.
3. Customer's signature on this Support Ordering Document constitutes a binding agreement valid through
Septemeber 30, 2013 and is governed by the terms and conditions of the existing Skire Maintenance
Agreement (Contract No. 39722) which is incorporated herein by reference. In the event of any conflict
between Contract No 39722 and this Support Ordering Document, the terms of Contract No 39722
shall control.
4. Oracle has acquired substantially all of the assets of Skire Inc. (Skire) and as part of the integration
process Oracle is consolidating and reorganizing the Skire subsidiaries`worldwide. You acknowledge
that references in the Skire, Inc. Software Maintenance Agreement to "Skire" shall mean "Oracle".
AGREED AND ACCEPTED:
Authorized Signature:
Printed Name:
Title:
Date:
Page 3 of 6
o1 Qm,e isea e...ea., of .,nanIno
City of Forth Worth
1000 Throckmorton Street
Fort Worth, TX 76 02
Oracle America, Inc.
500 Oracle Pkwy
Redwood City, CA 94065
Authorized Sig
Printed Name:
Title:
Date:
i
"You" and "your" refers to the Customer provided above.
In the event that the Customer and the Quote To Account Name provided above are not the same, City of
Fort Worth acknowledges that Customer has authorized City of Fort Worth to execute this ordering
document on Customer's behalf and to bind Customer to the terms described herein. City of Fort Worth
agrees that the ordered services shall be used solely by the Customer and shall advise Customer of the
terms of this ordering document as well as information and notices about technical support that Oracle
provides to City of Fort Worth during the term of service.
The technical support services acquired under this ordering document are governed by the terms and
conditions of the Skire Inc. Software Maintenance Agreement (Contract No. 39722). However, any use of the
programs, which includes by definition the updates and other materials provided or made available by Oracle
under technical support, is subject to the rights granted for the programs set forth in the order in which the
programs were acquired.
Technical support is provided under Oracle's technical support policies in effect at the time the services are
provided. The technical support policies 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 technical support policies prior to entering into
this ordering document. The current version of the technical support policies, including Oracle's
reinstatement policy, may be accessed at .Customers
who allow technical support to lapse and later wish to reactivate it will be subject to Oracle's reinstatement
policy in effect at the time of reinstatement. Applicable reinstatement fees may apply in addition to the
annual technical support fees.
Oracle has acquired Skire Inc. (Skire) and as part of the integration process Oracle is consolidating and
reorganizing the Skire subsidiaries worldwide. You can acknowledge that in all cases where the reference is
Skire, Oracle will fulfill these obligations as successor in interest of Skire.
Page 4 of 6
RL_Specified Agreement_v030109
Your order is subject to Oracle's acceptance. An order consists of the following: (i) this ordering document,
which incorporates by reference the Skire Inc. Software Maintenance Agreement (Contract No. 39722), and
(ii) a form of payment acceptable to Oracle. Oracle normally accepts orders after receipt of a purchase
order, check or credit card issued in accordance with the Purchase Order, Check, Credit Card Confirmation
section below. If Oracle accepts your order, the service start date is the effective date of such order and also
serves as the commencement date of the technical support services.
Please note that if the pre-tax value of this ordering document is USD2,000 or less, the technical support
services on this ordering document must be paid either by credit card or electronic upload of a PO to the
Online site.
Once ordered, technical support for the support period defined above is non -cancelable and the related fees
are non-refundable.
An invoice will only be issued upon receipt of a form of payment acceptable to Oracle. Regardless of the
form of payment, Oracle's invoice includes applicable sales tax, GST, or VAT (collectively referred to as "tax"
). If City of Fort Worth is a tax exempt organization, a copy of City of Fort Worth's tax exemption certificate
must be submitted with City of Fort Worth's purchase order, check, credit card or other acceptable form of
payment.
PURCHASE ORDER, CHECK, CREDIT CARD CONFIRMATION
Purchase Order
If the technical support services on this ordering document will be ordered and paid under a purchase order,
the purchase order must include the following information:
- Service Contract #: Skire Inc. Software Maintenance Agreement (Contract No. 39722) aka
SKI-1083-001-2
Term of Service: 1-Oct-12 to 30-SepA3
Final Total: USD 75,313.12 (excluding applicable tax)
- Local Tax, if applicable
Agreement: Skire Inc. Software Maintenance Agreement (Contract No. 39722)
In issuing a purchase order, City of Fort Worth agrees that the terms of this ordering document and the terms
of Skire Inc. Software Maintenance Agreement (Contract No. 39722) supersede the terms in the purchase order
or any other non -Oracle document, and no terms included in any such purchase order or other non -Oracle
document shall apply to the technical support services ordered.
Please a -mail or fax the purchase order to Oracle per the Remittance Details provided below.
Check
If the technical support services on this ordering document will be ordered and paid by check, the check
must include the following information:
- Service Contract #: Skire Inc. Software Maintenance Agreement (Contract No. 39722) aka
SKI-1083-001-2
- Term of Service: 1-Oct-12 to 30-Sep-13
- Final Total: USD 75,313.12 (excluding applicable tax)
- Local Tax, if applicable
- Agreement: Skire Inc. Software Maintenance Agreement (Contract No. 39722)
In issuing a check, City of Fort Worth agrees that only the terms of this ordering document and the terms of
Skire Inc. Software Maintenance Agreement (Contract No. 39722) 5 shall apply to the technical support
services ordered. No terms attached or submitted with the check shall apply.
Please mail check payments per the Remittance Details provided below.
Page 5 of 6
RL_Specified_Agreement v030109
Credit Card Confirmation
If the technical support services on this ordering document will be ordered and paid under a credit card,
please complete the section below and return it to Oracle per the Remittance Details provided below.
Please note that Oracle is unable to process credit card transactions of USD100,000 or greater.
Service Contract #: Skire Inc. Software Maintenance Agreement (Contract No. 39722) aka SKI-1083-001-2
Term of Service: 1-Oct-12 to 30-Sep-13
Final Total: USD 75,313.12 (excluding applicable tax)
Agreement: Skire Inc. Software Maintenance Agreement (Contract No. 39722)
Expiration Date
Billing Address (associated with Credit Card)
City, State, and Zip (associated with Credit Card)
Authorized Signature
The credit card must be valid for the entire Term of Service above. In issuing this credit card confirmation,
City of Fort Worth agrees that only the terms of this ordering document and the terms of
Skire Inc. Software Maintenance Agreement (Contract No. 39722)shall apply to the technical support services
ordered. No terms attached or submitted with the credit card confirmation shall apply.
REMITTANCE DETAILS
Purchase orders or credit card details for the technical support services ordered hereto should be sent to:
Attn: Jason Haydel
Oracle Support Services
Fax:
E-mail: jason.haydel@oracle.com
Checks for the technical support services ordered hereto should be sent to:
AK, AZ, CA, HI, ID, NV, OR, UT, WA:
Oracle America, Inc.
PO Box 44471
San Francisco, CA 941444411
All other States:
Oracle America, Inc.
PO Box 203448
Dallas, TX 75320-3448
Page 6 of 6
RL_Specified_Agreement v030109
rC0)FrJ l
Customer: City of Fort Warth
Primary Contact:
Joe Komisarz
Assistant Director, Capital Projects
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
Joe. Komisarzafortworthtexas.gov
Billing Contact:
Joe Komisarz
Assistant Director, Capital Projects
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
Joe. Komisarz@fortworthtexas.gov
*Invoice Format: Email* I
System Administrator:
Joe Komisarz
Assistant Director, Capital Projects
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
Joe. Komisarz@fortworthtexas.gov
Order Farm #
Order Form Date:
Order Effective Date:
Order Term End Date:
Oracle Contact:
Phone:
J
JMCF V0712002
2/21/2013
10/01/2012
9/30/2013
Matt Petrauskas
(972) 652-8419
� � • /�VP'i�r7ud�J7r
1) Annual Hosting Fee
$115,859.83
Total Quarterly Fees Due:
* 1st Quarter Payment (October 1, 2012 -December 31, 2012) _ $ 28,964,96
` 2nd Quarter Payment (January 1, 2013 - March 31, 2013) _ $ 28,964.96
` 3rd Quarter Payment (April 1, 2013 - June 30, 2013) _ $ 28,964.96
* 4th Quarter Payment (July 1, 2013 - September 30, 2013) _ $ 28,964.95
SUBTOTAL: $115,859.83
EST. TAX: NIA
TOTAL: $115,859.83
` All fees are in United States Dollars (USD).
1) Customer's signature on this Order Form constitutes a binding agreement valid through September 30, 2013 and is governed by the terms and conditions of the existing Skire Hosting
Agreement (Contract No. 31026-R1) which is incorporated herein by reference. This Order Form and the aforementioned agreement contain the entire agreement between the parties with
respect to the subject matter hereof and supersede any and all other agreements and communications, written or oral, expressed or implied.
2) The Annual Maintenance Fee was calculated according to the CPI increase of 2.95%, obtained from US Dept of Labor, Bureau of Labor Statistics, for Dallas -Fort Worth, TX, in comparing
January 2011 with January 2012 at 203.199 and 209.203 respectively.
3) Oracle will invoice 30 days prior to the respective quarterly period.
4) Pricing terms provided to Customer are highly confidential and for Customer internal use only.
5) Oracle has acquired Skire Inc. (Skire) and as part of the integration process Oracle is consolidating and reorganizing the Skire subsidiaries worldwide. You acknowle ge that in all cases
where the reference is Skire, Oracle will fulfill these obligations as successor in interest to Skire. OFFICIAL
RECORD
AGREED AND ACCEPTED: City of Fort Worth Oracle America, Inc. CITY SECRETARY
1000 Throckmorton Street 500 Oracle Pkwy FTs TX
Fort Worth, TX 76102 Redwood City, CA 94065 WORTH,
Authorized Signature: ckAuthorized Signature:
Printed Name: Printed Name:
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U0Nt�Cr4P
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MEMORANDUM
DATE: May 6, 2013
TO: Susan Alanis, Assistant City Manager
Mary J. Kayser, City Secretary
FROM: Maleshia Farmer, Senior Assistan City Attorney
SUBJECT: Oracle/Skire, Inc., Hosting and Maintenance Agreement for the City's Capital Projects
Management System
On September 25, 2012, (M&C C-25862), City Council authorized execution of a sole source agreement for
continued hosting and maintenance services with Skire, Inc., ("Skire") for the City's Capital Projects
Management System (CPMS) in the annual amount of $191,172.93. Skire had been providing these services for
the City for a number of years under two separate agreements. In 2012, staff negotiated with Skire to combine
all services into a single agreement. Staff was notified that the Skire contracts had been assigned to Oracle
America, Inc. ("Oracle") and Oracle had assumed all of Skire's previous obligations, but declined to execute the
previously negotiated single agreement.
As a result of negotiations with staff, Oracle has agreed to "grandfather" in the City's previous agreements with
Skire (CSC No. 39722 and CSC No. 3102&R1) in order to avoid interruption of services. The attached order
forms extend the term of both previous Skire contracts through September 30, 2013 and allow for continued
services for hosting and maintenance for CPMS. The total amount authorized under the M&C of $191,172.93
has not changed, and the pricing for each order form reflects the same amount of the cost breakdown as listed in
the M&C.
Under the City's agreements with Skire, Oracle as successor in interest, is required to give notice of the
assignment to the City and agree to assume Skire's duties and obligations under the agreements. Oracle has
complied with this provision. It is my opinion that both order forms can be executed with Oracle under the
authority of M&C C-25862. Oracle is Skire's successor in interest, and the M&C was approved to continue
hosting and maintenance services for CMPS. No additional City Council authorization is required to execute
these order forms. I have attached Oracle's notice to the City for your information.
Please record the Agreements as follows:
Hosting Services Order Form - $115,859.83 —Numbered as CSC No. 31026-R2
Maintenance &Support Services Order Form - $75,313.10 —Numbered as CSC No. 39722-R1
Please let me know if you have any questions or need any additional information.
OFFICE OF THE CITY ATTORNEY
The City of Fort Worth * 1000 Throckmorton Street *Fort Worth, Texas 76102
817-392-7600 *Fax 817-3924359
M&C Review Page 1 of 2
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FoR�r;i
- __
COUNCIL ACTION: Approved on 9/25/2012
DATE: 9/25/2012 REFERENCE NO.: **C-25862 LOG NAME: 02SKIRE AGREEMENT
FY2013
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Sole Source Agreement with Skire, Inc., for Continued Unifier
Software Hosting, Maintenance and Support Services for the City's Capital Projects
Management System for the Annual Amount of $191,172.93 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a Sole Source Agreement with Skire, Inc., for continued Unifier
software hosting, maintenance and support services for the City's Capital Projects Management
System for the annual amount of $191,172.93; and
2. Authorize the Agreement to begin on October 1, 2012 and expire on September 30, 2013 with the
option to renew for two additional one-year periods.
DISCUSSION:
The purpose of this hosting, maintenance and support services Agreement (Agreement) is to
continue hosting, technical support and maintenance services for the Capital Projects Management
System (CPMS), which is the City's core software for tracking capital project financial components
such as capital costs, business process flows and electronic approvals, tracking multiple and diverse
fund sources, centralizing project data and utilizing document storage capacity within the software for
related project documentation. Skire, Inc. (Skire) is the documented sole source vendor for Unifier
software hosting, maintenance and support services.
Services provided by Skire under this Agreement will include application hosting, future functional
software upgrades and technical customer support to CPMS administrators and users. Currently,
Skire is providing hosting, maintenance and support services for its software application through two
separate Agreements with the City. Both Agreements expire September 30, 2012. This Mayor and
Council Communication requests approval to enter into a new Agreement for combined services for
hosting, maintenance and support.
The breakdown of the total annual amount for the two service components in this Agreement is:
(Maintenance &Support
Services
Hosting
Services
$ 75,313.1
115,859.83�
M/WBE — A waiver of the goal for M/WBE subcontracting requirements was requested and approved
by the M/WBE Office because the purchase of goods or services is from sources where
subcontracting or supplier opportunities are negligible.
RENEWAL OPTIONS —This Agreement may be renewed for up to two additional one-year terms at
the City's option. This action does not require specific City Council approval, provided that the City
http://apps.cfwnet.org/council�acket/mc review.asp?ID=17370&councildate=9/25/2012 5/9/2013
M&C Review Page 2 of 2
Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term.
Staff anticipates spending the same amount each year with annual adjustments for the Consumer
Price Index in the Dallas/Fort Worth Metropolitan area. The two one-year renewal options allow for
current tracking system support through development of ERP Phase II.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds will be available in the Fiscal Year
2013 operating budget, as appropriated, of the Information Systems Fund.
TO Fund/Account/Centers
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Account/Centers
PI68 539120 0045020 $191.172.93
Charles Daniels (8476)
Horatio Porter (2379)
Kristin Glass (8704)
http://apes.cfwnet.org/council�acket/mc review.asp?ID=17370&councildate=9/25/2012 5/9/2013