HomeMy WebLinkAboutContract 39722-R2 1.PTY A
03 SECRUARY'- V 1
CONTRACT NO.,
Awk
CD I;?AC��I
25-Feb-1 3
Dana Duckworth
City of Fort Worth
1000 Throokrnorton Street
FORT WORTH
TX 76102
United States
Dear bane,
The technical support services and benefits providled 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 acq,uiredl.
To ensure that there is no interruption to the technical support services and benefits, provided under service
contract Sl,ire Inc. Software Maintenance Agreement(Contract loo. 39,722), 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-1 3.
If further information is re !uired, please contact me at the e-mail,address or telephone number provided
below.
Regards,
Jason Hey'del
Oracle Support Services
C-mail:jiason.ha del @oracle.corn
Tel,:
Fax.,
Page 1 of D
RL—Specified-Agreement-030109 CITY SECRETARY
5t FT WORTHV TX
RECEIVFD
Ordering Document
J Renewa!Contact- �Syed Basheeruddin
Servi se Contract SKI-1 083-001-2
Offer Expires*. 4-Mar-1 3
30 NET from date of
Payment Terms: Telephone:
invoice
Fax:
Billing Terms: Quarterly in Arrears E-mail: syed.bashe�eruddin@olrac,le.com
CUSTOMER* City of Fort Worth
QUOTE TO BILL TO
Account Contact,-,Dana Duckworth Account Contact
Account Name: City of Fort Worth Account NameW City of Fort Worth
1000 Throckmorto n
Address,., Street Address: 1000 Throckmorton Street
FORT WORTH FORT W01RTH
TX 76102 TX 76102
United States United States
Telephone: 682 432 4155 Telephone:
Fax: Faxw.
dana.duckworth@fortworth;l�.rr-mail: ail.
Oracle may provide certain information and notices about technical support via e-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, pileas,e e-mail or fax the updated: information to
Jason Haydel atjason.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—Specified—Agreement v030109
..........
Service Details
Service Lev 6-1: Skire Maintenance End Date: 30-Sep-13
Product Description CS!# QtY License License Start Date Final Price
Metric Level/Type
Skire Capital Project&Program 18751513 400 1-Oct-12 75,313.12
Management-lanced User
Perpetual
Subtotak USD 75,313.12
Service Levek Skire Maintenance End Date:-310-Sep-13
Product Description CS1# cfty License License Start Date, Final Price
Metric Level/Type
shire Capital Project&Program 18751513 400 1.O t-12, 75,3 3..12
Management-Named User
Perpetual
Subtotal: USD 75j31 31.,12
Total Amiouint.ti USID 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,)doles not apply.,
2. If a change to the Service Details provided above is required, please contact Jason Haydel at or
atjason.haydel@oracle.corn and an updated ordering document will be provided to you in
accordance with Oracle's technical support policies.
3. Custorrier's signature on this Support Ordering Document constitutes a blinding agreement valid through
Sepite,mebeir 30, 2013 and is governed by the terms and conditions,of the existing Skire Maintenance
Agreement(Contract No., 397212)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, City of Forth Worth Oracle America, Inc.
1000 Throckmorton,Street 5010 Oracle Pkwy A
Fort Worth,TX 76 02 Redwood City,CA 940615
Authorized Signature* Ill Authorized Siginatur 0.
Y4 U)SO
Printed Name*. Printed N e:
am
4
Title* Title-
. ............
i
Date: Date-. \C1� q
Page 3 of 6
0"'ENERAL TERMS
%J
"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 to 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 technicali 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,1 including Oracles
reinstatement policy, may be accessed at . Customers
who a�lllow technical support to lapse and later wish to react�iva�te, 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 Skilrel.
Page 4 of 6
RL—,Specified__�Agreement—v03O1 091
Order Processing Details
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.
P'l�ease note that if the pre-tax value of this orderi ng 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 i above is non-cancelable and the related fees
are non-refundablie.
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 AT(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.,
eUR!QHAjjF=Q!3.PER. CHF=CKj CRF=Dlj C,AR12 C NFJRIVIATIONI
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. 397'22)aka
S ICI-108 -001-2
- Term of Service: 1-Oct-12 to 30-Sep-13
- Finial Total* US1375,3113.12(excluding applicable tax)
- Local Tax, if applicable
- Agreement.* S,kire, Inc. Software Maintenance Agreement(Contract No., 39722,)
In issuing a purchase ordier, pity of Fort Worth agrees that the terms of this ordering document and the terms,
i
of Skire Inc. Software Maintenance Agreement(Contract No. 39,722) supersede the terms in the purchase order
or any other non-Oraclle document, and no terms included, in any such purchase order or other non-Oracle
document shall apply to the technical support services ordered.
Please e-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. Soft ware Maintenance Agreement(Contract No. 39722)aka
SKI-1'083-001-2
- Term of Service* 1-Oct-12 to 30-Sep-13
- Final Total: USD 75,313.12 (excl'udling 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_Agree men t v013010191
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 Shire Inc- Software Maintenance Agreement(Contract No,. 39722)aka SKI--083-00 -2
Term of Service: 1-Oct_12 to 301-Sep-13
Final Total- USD 75,313.12(excluding applicable tax)
Agreement: Shire Inc., Software Maintenance Agreement(Coinitract No. 39,722)
Credit Card' Number
Expiration Date
Billing Address(associated with Credit Card)
City, State, and Zip(associated with Credit Card)
Authorized Signature
Name
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
Shire 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: jasonhaydel@oracle.com
Checks for the technical support services ordered hereto should be sent to:
AK,AZ,CA, HI, ID,N'V, OR, UT,WA:
Oracle America, Inc.
PO Box 44471
San Francisco, CA 94,144-44711
All other States:
Oracle America,, Inc.
PO Box 203448
Dallas,1 TX 75320-3448
Page 6 of'6
RL—Specified Agreement—v0301091
ORACLE#
mm�- ummm mi X41 mare
Customer: City of Fart Worth Order Form# JM F'W"W0712002
Primary Contact: Billing Contact: System Administrator. Order Form'Dante: 2/21/2013
Joe KomiiIs,arz Joe Kornisarz Joe l onisar:
Assistant Director,Capital Projects Assistant Director,Capital Projects Assistant Director,Capital(Projects Order Effective Date: 10/01/2012
City of Fort Worth City of Fort Worth City of Fort Worth
1666 Throckmorton Street 1666 Throckrnorton Street 1000 Throckmnorton Street Order Term End Date: 9/30/2013
Fort Worth,TX 76162 Fort Worth,TX 761O2 Fort Worth,,TX 76162
Joe.Komi sarz fortworthte as. or Joe.Komi sarz fo orthtexas,gov Joe.Komisar-z@fortworthtexas.gov
fortworthtexas.gov
Oracle Contact: Matt Petrauskas
*In'w✓oll a ormat:Email*" Phone: (972)662-8419
uuium uuuuuu u u �w s
1)Annual Hosting Fee $116,869.88
Total'Quarterfy Fees Dire
*1 st Quarter P aym en t(0 ct ober 1,2612-Decem ber 81,20112) $ 28,964.96
*2nd Quarter Payment(Ja uary 1„20113-March 31,211118) $ 28,964„96
*3rd Quarter Payment(Ap�il 1,2618-,June 86,20118) $ 28,964.96
*4th Quarter Payment(Jul 1,261 -September 30,2018
) $ 28,964.96
SUBTOTAL:: $116,8 19.83
EST.TAX:: N/A
TOTAL: $1116,869.83
*All fees are in United States Dollars(USD).
,
I
udIl111mu i
1) Customers signature on this ptDrder Form constitutes a binding agreement vapid through September 30,2013 and is governed by the terms and conditions of the existing Skire Frosting
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 her�of and supersede any and all other agreements and communications„written or oral',expressed or implied,
2)The Annual Maintenance Fe was calculated according to the CPI increase of 2,951%,obtained from'US Dept of Labor,Bureau of tabor Statistics,for Dallas-Foot'Worth,TX,in comparing
January 2,011 with January 261 at 203.1919 and 2091.203 respectively.
)Oracle will invoice 311 days pr�or to the respective quarterly period.
4) Pricing terms provided to Customer are highly confidential and for Customer internal use only.
b)Oracle has acquired Skire Inc.(Skire)and as part of the integration process Oracle is consolidating and reorganizing the Skire subsidiaries worldwide.You acknowlrthaTt
all cases
where the reference is Skire,{oracle will fu�ill these obligations as successor in interest to Skire. OFFICIAL
AGREED,AND,ACC'EP'TED: City f Fort Wort America,Inc. CI T
t o h Oracle Amer�i
1111111 Thro+tcrnorton Street pQ Oracle Pkwy cl I
Fort Worth,TX 7'8142 Redwood City,CA 94465 i WWWRTNI 1 TX
Authorized Signature: Authorized Signature:
Printed Name: Printed Name:
Title: Title:. � t
Date: ' ate:
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MEMORANDUM
DATE6 May 6,2013
TO: Susm Alam*s,Assistant City Manager
Mary J. Kayser, City Secretary
R MO Maleshia Fanner, Senior Assistan City Attorney
SUBJECT: Oracle/Skire, Inc., Hosting and Maintenance Agrecmeut for the City's Capital Projects
Management System
On September 25, 2012, (M&C -25862), City Council authorised execution of a sole source agreement for
continued hosting and maintenance services with Shire, Inc., "`lore") for the City's Capital Projjects,
Management System CPMSS 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 Shire to combine
e
all services into a single agreement. Staff was notified that the Shire 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. 31026-RI) in order t o avoid interruption of services. The attached order
forms extend the term of both previous Shire contracts through September 30, 2013 and allow for continue
services for hosting and maintenance for Cp S. 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 MC.
Under the City's agreements with Shire, 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 Shire's successor in interest, and the M&C was approved to continue
hosting, and maintenance services for Mi PS. No additional City C u.nc l authorization is required to execute
these order forms. 1 have attached Oracle's notice to the City for your information.
Tease record the Agreements as ffillows-,
costing Services Order Form - $115,859.83 l Numbered as CSC o. : 1 026-R
Maintenance & Support Services Order 1" r n $751-313.10—Numbered as CSC.No. 39722-RI
Please let rue know if you have any questions or need any additional information.
OFFICE OF THE QTY ATTORNEY
The its.of Fort Werth 1,000 1-hrockniorton Street F' r-t Watch, Toms 761
817-392-7600 * Fax 8 17-392-8-359
M&C Review Page, I of 2
official site of the City of Fort Worth,Texas
CITY CO&UNCIL AGENDA t i
COUNCIL ACTION,-, Approved on 9/26/2012
DATE: 9/25/2012 REFERENCE NO!.: **C-25862 LOG NAME: 02SKI'RE AGREEMENT
FY2013
CODE: C TYPE: CONSENT PUBLIC NO
HEARING'.
SUBJECT: Authorize Execution of a Sole Source Agreement with Skire,1 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),
RECOMMENDATIO"N,,■
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$191,1172.93; 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 (CAMS), which is the City"s core software for tracking cap�ital project financial, components
such as capital costs, business process�flows and electronic approvals, tracking multiple and diverse
fund sources, central,izing project data and utilizing document storage capacity within the software for
related project documentation. Skim, Inc. (Skire) is the documented sole source vendor for Unifier
software hosting,, maintenance and support services.
Services provided by Skim under this Agreement will include application, hosting,, future functional
software upgrades and technical customer support to CPMS administrators and users. Currently,
Skim 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 servic�e components in thi's,Agreement is
Maintenance &, Support $ 7511313010
Services
ices Hosting $1 15� 859.83
Sery
M/WBE —A waiver of the goal for /"BE subcontracting requirements was requested and approved
by the MIWBE Office because -the purchase of goods or services is from sources where
subcontracting or supplier opportunities are negligible.
RENEWAL OPTION'S—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 thalt the City
http-/`/apps.cfwnet.org/council
_packet/mc--revi ew.asp?l D=173 70&counci1.date==9,/2 5/2012 5/9/2013
MSC Review Page 2 of 2
Couinc,il 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
"rice Index in the Dallas/Fort Worth Metropolitan area. The two one-year renewal options allow for
current tracking system support through development of E Phase 11.
FISCAL I NFORIVIATION/ClE RTI FI CATION*-
The Financial Management Services Director certifies that funds will be available in the Fiscal Year
2,013 operating budget, as appirolpriated, of the Information Systems Fund.
TO Fund/AccounV'Centers 'FROM, Fund/AccounVCeniters
0*1
PI L8 Q91120 01045020 $19 72-93
.............. ........... ......
Submitted for Cif y Manager"s Office bv: Charles Daniels (8476)
0 1 Horatio Porter,(23,79)
r' I 1
Ignating D ment Head..
'Additional Information Contact,,,, Kristin Glass, (8,704,),
..........
ATTACHMENTS
http,.-Happis.c,fwnet.org/coluncll_packet/mc—review.asp'.?ID=l7370&counc'lldate=9/2"5/2012 5/9/2013