HomeMy WebLinkAboutContract 52230-R3 CSC No. 52230-R3
CDCL '
jd ORDERING DOCUMENT
Oracle America,Inc.
500 Oracle Parkway
Redwood Shores,CA
94065
Name City of Fort Worth Contact David Zellmer
Address 1000 Throckmorton St Phone Number 1-817-392-2746
Fort Worth TX Email Address
david.zelimer@fortworthtexas.gov
76102
Renew Subscription Term:1-Oct-2022 to 30-Jun-2023
Service Period:9 months
Cloud Services Data Center Quantity Term Unit Net Price Net Fee
Region
B84260-Oracle Talent Acquisition for NORTH 7000 9 mo 0.41 25,550.44
Midsize Cloud Service-Hosted AMERICA
Employee
Subtotal 25,550.44
Fee Description Net Fee
Cloud Services Fees 25,550.44
Net Fees 25,550.44
Total Fees 25,550.44
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, T
CPQ-2448044-1 Issued by Oracle America,Inc. 23-AUG-2022
Page 1 of 5
A.AGREEMENT
1 Agreement:
This order incorporates by reference the terms of the Contract for Products and Related Services between the State of Texas acting
through the Department of Information Resources ("DIR") and Oracle America, Inc. ("Oracle"), effective July 30, 2018 (DIR
Contract No. DIR-TSO-4158; Oracle Contract No. US-GMA-1889764) and all amendments and addenda thereto (the
"Agreement"). The defined terms in the Agreement shall have the same meaning in this order unless otherwise specified herein.
B.DESCRIPTION AND FEES FOR ORDERED SERVICES
All fees on this ordering document are in US Dollars.
1 Terms of Use:
All products and services listed on this Ordering Document are provided by Oracle under, and subject to, the terms of this
Ordering Document, including the Agreement and all Oracle documents referenced in this Ordering Document.You indicate Your
agreement to the terms of this Ordering Document, including the Agreement, by signing this Ordering Document, and You
represent that You have the authority to bind the Customer to whom this Ordering Document is addressed above to the terms of
this Ordering Document and the Agreement.As applicable, Oracle processes a customer's order after receipt of a purchase order.
Any terms and conditions on Your purchase order are void and have no legal effect. For Cloud Services,You may not reduce the
quantity of services purchased hereunder (e.g., user or record counts, storage, etc.), in whole or in part, during the Services
Period set forth above. The Services Period for the Cloud Services commences on the date stated in the Ordering Document, or,
if none is provided in the Ordering Document, the day that Oracle sends to Your administrator the e-mail welcoming You to the
Oracle Cloud that instructs You on how to create Your Cloud login and configure the Cloud Services (the "Cloud Services Start
Date"). You must maintain a current subscription to applicable Oracle Cloud Services for the duration of any Technical Cloud
Services ordered under this Ordering Document.
2 Fees:
The Cloud Services Payment Frequency applies to all Cloud Services fees and taxes (if applicable), and the Technical Cloud
Services Payment Frequency applies to all fees and taxes (if applicable)for Technical Cloud Services.All fees payable to Oracle
are due in accordance with Appendix A, Section 8.J of DIR Contract No. DIR-TSO-4158. Once placed, Your order is non-
cancelable and the sums paid nonrefundable, except as otherwise provided herein or in the Agreement. If applicable to You, You
will pay any sales, value added or other similar taxes imposed by applicable law that Oracle must pay based on the Services You
ordered, except for taxes based on Oracle's income. Also, You will reimburse Oracle for reasonable pre-approved expenses
related to providing any Technical Cloud Services in accordance with Appendix A, Section 8.F of the Agreement. Unless,
specifically stated otherwise,fees for Services listed in an order are exclusive of taxes(if applicable)and expenses.
Cloud Services Payment Frequency: Your payment frequency is quarterly in arrears.
Technical Cloud Services Payment Frequency:
Unless otherwise specified in services descriptions applicable to the Technical Cloud Services You have ordered, or in an exhibit
specifying the Technical Cloud Services You have ordered,the fees for Technical Cloud Services and any applicable taxes shall be
invoiced monthly in arrears. You are responsible for payment of pre-approved expenses, if any, in accordance with Appendix A,
Section 81 of DIR Contract No. DIR-TSO-4158. Expenses will be invoiced monthly as they are incurred and are due in accordance
with Appendix A, Section 8.J of DIR Contract No. DIR-TSO-4158.
1 Renewal of Cloud Services:
Notwithstanding any statement to the contrary in the Services Specifications, the parties expressly agree that the Cloud Services
acquired under this Ordering Document will not Auto-Renew.
2 Price Hold for Cloud Services:
During the Services Period, You may order additional quantities of the Cloud Services acquired under this Ordering Document at the
Unit Net Price specified above. This price hold does not apply to Eloqua Marketing Platform Cloud Service, to any renewals or
extensions of the Cloud Services ordered under this Ordering Document, to Cloud Services ordered pursuant to a separate Oracle
discount or promotion, or to any Cloud Services other than those listed in the initial purchase under this Ordering Document.
3 Data Center Region
Oracle agrees that during the Service Period specified in this ordering document, the Cloud Services environment holding Customer
data will reside in data centers located in the continental United States. Oracle may accessCustomer Data on a global
CPQ-2448044-1 Issued by Oracle America,Inc. 23-AUG-2022
Page 2 of 5
basis to the extent necessary to perform the Cloud Services,including maintenance and Cloud Services technical support.
4 Offer Validity
This order is valid through September 30,2022 and shall become binding upon execution by You and acceptance byOracle.
C.SERVICE SPECIFICATIONS
1 Service Specifications:
The Service Specifications that govern the Services ordered consist of the documents listed below, which are incorporated into this
Ordering Document. The Service Specifications are subject to change at Oracle's discretion; however, Oracle changes to the
Service Specifications will not result in a material reduction in the level of performance, security, functionality or availability of the
applicable Services provided to You for the duration of the Services Period. The terms of the Service Specifications, including any
subject matter addressed in the Service Specifications, will replace any inconsistent term, similar subject matter or scope of service
delivery in the Agreement; however, unless expressly stated otherwise in this Ordering Document, the terms of the Data Processing
Agreement shall take precedence over any inconsistent terms in this Ordering Document,Agreement or Service Specifications but in
no event shall any documents take precedence over DIR Contract No. DIR-TSO-4158. For the purposes of this Ordering Document,
references to the term "Customer" in any document within the Service Specifications shall mean "You" as defined in this Ordering
Document.
• Service Descriptions and Metrics
Oracle service descriptions and metrics govern Cloud Services and Technical Cloud Services.You may access the version of these
descriptions and metrics that apply to the Cloud Services and Technical Cloud Services that You have ordered at
www.oracle.com/contracts.
• Cloud Hosting and Delivery Services Policies
Cloud Hosting and Delivery Services Policies describe and govern Cloud Services.You may access the version of these policies that
apply to the Cloud Services that You have ordered at www.oracle.com/contracts.
• Program Documentation
Program Documentation refers to the program user manuals for the Oracle Programs for Cloud Services, as well as any help
windows and read me files for such Oracle Programs that are accessible from within the service. The Program Documentation
describes technical and functional aspects of the Oracle Programs. You may access the documentation online at
www.oracle.com/contracts.
D.OTHER
• Terms:
The following terms, as used in this Ordering Document or the Agreement and whether or not capitalized, shall have the same
meaning as the applicable defined term: "Agreement" and "Contract"; "Customer", "Client" and "You"; "Program Documentation" and
"Documentation"; "Ordering Document"and"Order Form"; "Services Term"and "Services Period"; "Your Data and "Your Content".
• Data Processing Agreement:
Oracle's Data Processing Agreement for Oracle Cloud Services (the "Data Processing Agreement"), which is available at
htto://www.oracle.com/dataorocessin-agreement, is incorporated as Appendix N of DIR Contract No. DIR-TSO-4158 and describes
the parties' respective roles for the processing and control of Personal Data (as that term is defined in the Data Processing
Agreement)that Customer provides to Oracle as part of the Cloud Services under this order. Oracle will act as a data processor and
will comply with all applicable data protection laws to the extent such laws by their terms impose obligations directly on Oracle as a
data processor in connection with the services specified in this ordering document. Oracle will act on Customer's instruction
concerning the treatment of Customer's Personal Data residing in the Cloud Services Environment, as specified in the Agreement,
the Data Processing Agreement and this order. Customer remains solely responsible for Customer's regulatory compliance in
connection with Customer's use of the Cloud Services and will comply with all applicable laws in connection with the performance of
obligations or exercise of rights under this ordering document and the Agreement. Customer agrees to provide any notices and
obtain any consents related to Customer's use of the Cloud Services and Oracle's provision of the Cloud Services, including those
related to the collection, use, processing,transfer and disclosure of Personal Data.
CPQ-2448044-1 Issued by Oracle America,Inc. 23-AUG-2022
Page 3 of 5
. Assignment of this Ordering Document
Notwithstanding anything to the contrary in the agreement or this Ordering Document, You may not assign this Ordering Document
or give or transfer the Services, or an interest in them, to another individual or entity. If You desire that Services be acquired by
another entity, such other entity may order services under a separate contract. You may not grant a security interest in any of the
Services. Notwithstanding the foregoing, upon advance written notice to Oracle, You may assign Your rights to the Services under
this Ordering Document to another governmental agency as designated by the Texas Legislature (i)that is a successor in interest to
You that performs Your statutory obligations, or (ii) as necessary to satisfy a regulatory requirement imposed upon You by a
governing body with the appropriate authority; provided that(w)such assignee entity agrees in writing to the terms and conditions of
the agreement and the Ordering Document, (x) You provide Oracle will all consents necessary for the assignee to access Your
Content,Your Applications, and any other of Your materials in Oracle's possession, (y)the assignment does not result in any change
in Oracle's rights and obligations under this Ordering Document (including with respect to the Services), or expand, modify or
otherwise alter any use or component of the Services or Services Environments provided under this Ordering Document, and (z)
following the assignment,You shall immediately discontinue use of the Services acquired under this Ordering Document.
CPQ-2448044-1 Issued by Oracle America,Inc. 23-AUG-2022
Page 4 of 5
City of Fort Worth Oracle America, Inr.DocuSlgned b,:
Signature Ierie,W��gton(Aug29,202212:40CDT) Signature I c''`�"" ►�"u�,"
Name Valerie Washington Name Cri sti na vi l l egas
Title Assistant City Manager Title Manage, Deal Management
Signature Date Aug 29, 2022 Signature Date 24-Aug-2022 I 7:31 AM PDT
BILL TO/SHIP TO INFORMATION
Bill To Ship To
Customer Name City of Fort Worth Customer Name City of Fort Worth
Customer Address 1000 Throckmorton St Customer Address 1000 Throckmorton St
Fort Worth TX Fort Worth TX
76102 76102
Contact Name David Zellmer Contact Name David Zellmer
Contact Phone 1-817-392-2746 Contact Phone 1-817-392-2746
Contact Email david.zellmer@fortworthtexas.gov Contact Email david.zellmer@fortworthtexas.gov
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, T
CPQ-2448044-1 Issued by Orade America,Inc. 23-AUG-2022
Page 5 of 5
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
Vail,WC__ . administration of this contract, including
By. Valerie.Washington(Aug 29,202212:40 CDT) ensuring all performance and reporting
Name: Valerie Washington requirements.
Title: Assistant City Manager
Date: Aug 29, 2022
By:
Approval Recommended: Name: David Zellmer
Title: Sr. IT Solutions Manager
/ Approved as to Form and Legality:
By:
Name: Kevin Gunn _
Title: Director, IT Solutions Department =
nog BY:
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Ad ........ a
Attest: �,00FORT�oad Name: Taylor Paris
pro �9..d Title: Assistant City Attorney
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7G�llll2tt2 c� C7000t�G�LG QQIln°EXp544b Contract Authorization:
By: Jannette S.Goodall(Aug 29,202214:42 CDT) M&C: 22-0611
Name: Janette Goodall Date Approved: 8/23/2022
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, T
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT 111
Create New From This M&C
REFERENCE **M&C 22- 13P ORACLE
DATE: 8/23/2022 NO.: 0611 LOG NAME: SOFTWARE SERVICES
ITS ADK
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL)Authorize a Purchase Agreement with Oracle America, Inc., in an Annual Amount
Up to $1,005,000.00, Using the Texas Department of Information Resources Cooperative
Contract DIR-TSO-4158 for Annual Licensing, Maintenance and Support for Oracle
Software and Services and Authorize Four One-Year Renewals with a Three to Five
Percent Increase Per Year for All City Departments
RECOMMENDATION:
Authorize a purchase agreement with Oracle America, Inc., in an annual amount Up to
$1,005,000.00, using the Texas Department of Information Resources (DIR) Cooperative Contract
DIR-TSO-4158 for annual licensing, maintenance and support for Oracle Software and Services and
authorize four one-year renewals with a three to five percent increase per year for all City
departments.
DISCUSSION:
The Information Technology Solutions (ITS) Department will use this purchase agreement to purchase
and renew all Oracle licensing, support, and maintenance for use by all City departments.
Authorization of this Mayor and Council Communication (M&C)will allow for the continuation of
maintenance and technical support for the Oracle products used throughout the City. The Enterprise
Resource Planning (ERP)system supporting financial, purchasing, and human resource operations is
Oracle PeopleSoft. The Police Department uses Oracle for Police databases. The Transportation
and Public Works Department uses Oracle software to support project management.
COOPERATIVE PURCHASE: State law provides that a local government purchasing an item under a
cooperative purchasing agreement satisfies State laws requiring that the local government seek
competitive bids for purchase of the item. Cooperative contract have been competitively bid to
increase and simplify the purchasing power of local government entities across the State of Texas.
SUCCESSOR CONTRACTS: In the event the Department of Information Resources (DIR)agreement
is not renewed, staff would cease purchasing at the end of the last purchase agreement coinciding
with a valid DIR agreement. If the City Council were to not appropriate funds for a future year, staff
would stop making purchases when the last appropriation expires, regardless of whether the then-
current purchase agreement has expired.
The City will initially use the DIR contract to make purchases authorized by this M&C. The
Cooperative Contract is set to expire on July 30, 2024. If DIR-TSO-4158 is extended, this M&C
authorizes the City to purchase similar equipment and supplies under the extended contract. If DIR-
TSO-4158 is not extended but DIR executes a new cooperative contract with Oracle America, Inc. and
with substantially similar terms, this M&C authorizes the City to purchase the services under the new
DIR contract. If this occurs, in no event with the City continue to purchase services under the new
agreement for more than three (3)years without seeking Council approval.
BUSINESS EQUITY: A goal is not assigned when purchasing from an approved purchasing
cooperative or public entity.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30164&councildate=8/23/2022 8/23/2022
M&C Review Page 2 of 2
AGREEMENT TERM: Upon City Council approval, the Agreement will become effective and expire
July 30, 2024 in accordance with the DIR contract. The agreement may be renewed on an annual
basis thereafter.
Funding is budgeted in the Other Contractual Services account of the ITS Department's rollup within
the General Fund.
RENEWAL OPTIONS: This agreement may be renewed for up to four one-year renewal terms with
a three to five percent increase each year at the City's option. This action does not require specific
City Council approval provided that the City Council has appropriated sufficient funds to satisfy the
City's obligations during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as
previously appropriated, in the General Fund to support the approval of the above recommendation
and award of the agreement. Prior to any expenditure being incurred, the ITS Department has the
responsibility to validate the availability of funds.
BQN\\
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year ChartField 2
FROM
Fund Department Account Project Program Activity Budget Reference#ID ID Year (ChartField 2) Amount
Submitted for City Manager's Office by. Reginald Zeno (8517)
Valerie Washington (6192)
Originating Department Head: Anthony Rousseau (8338)
Kevin Gunn (2015)
Additional Information Contact: Cynthia Garcia (8525)
Ashley Kadva (2047)
ATTACHMENTS
13P ORACLE SOFTWARE SERVICES ITS ADK.docx (CFW Internal)
FID Table Oracle 5-9-2022.xlsx (CFW Internal)
SAMs.r)df (CFW Internal)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30164&councildate=8/23/2022 8/23/2022