HomeMy WebLinkAboutContract 50589-R5C PACLE
CSC No. 50589-R5
Name City of Fort Worth
Address 200 TEXAS ST
FORT WORTH TX
76102
Renew Subscription Term: 1-Oct-2023 to 30-Sep-2024
Service Period: 12 months
Oracle America, Inc.
500 Oracle Parkway
Redwood Shores, CA
94065
Contact Steven Vandever
Phone Number 1-817-3928239
Email Address Steven.Vandever@fortworthtexas.gov
Data Center
Cloud Services Region Quantity Term Unit Net Price Net Fee
B76057 - Primavera P6 Enterprise
NORTH
Project Portfolio Management Cloud
AMERICA
Service - Hosted Named User
B76058 - Primavera P6 Progress
NORTH
Reporter Cloud Service - Hosted
AMERICA
Named User
25 12 mo 113.77 34,131.46
75 12 mo 14.29 12,859.56
Subtotal 46,991.02
Fee Description Net Fee
Cloud Services Fees 46,991.02
Net Fees 46,991.02
Total Fees 46,991.02
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CPQ-3075489 - 1 Issued by Oracle America, Inc. 20-JUL-2023
Page 1 of 4
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 30 July, 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.
3. 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.
4. 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.
5. 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 access Customer Data on a global basis to the extent necessary to perform the Cloud
Services, including maintenance and Cloud Services technical support.
6. Offer Validity:
This order is valid through 30-Sep-2023 and shall become binding upon execution by You and acceptance by Oracle
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.
CPQ-3075489 - 1 Issued by Oracle America, Inc. 20-JUL-2023
Page 2 of 4
• 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
1. Terms:
The following terms, as used in this Ordering Document or the Agreement and whether or not capitalized, shall have the same meaning as the applicable
defined term: "Agreement" and "Contract"; "Customer", "Client" and "You"; "Program Documentation" and "Documentation"; "Ordering Document" and
"Order Form" "Services Term" and "Services Period" "Your Data and "Your Content".
2. Data Processing Agreement:
Oracle's Data Processing Agreement for Oracle Cloud Services (the "Data Processing Agreement"), which is available at http://www.oracle.com/
dataprocessingagreement, 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.
3. Assignment of this Ordering Document
Notwithstanding anything to the contrary in the agreement or this Ordering Document, You may not assign this Ordering Document or give or transfer the
Services, or an interest in them, to another individual or entity. If You desire that Services be acquired by another entity, such other entity may order
services under a separate contract. You may not grant a security interest in any of the Services. Notwithstanding the foregoing, upon advance written
notice to Oracle, You may assign Your rights to the Services under this Ordering Document to another governmental agency as designated by the Texas
Legislature (i) that is a successor in interest to You that performs Your statutory obligations, or (ii) as necessary to satisfy a regulatory requirement
imposed upon You by a governing body with the appropriate authority; provided that (w) such assignee entity agrees in writing to the terms and
conditions of the agreement and the Ordering Document, (x) You provide Oracle will all consents necessary for the assignee to access Your Content,
Your Applications, and any other of Your materials in Oracle's possession, (y) the assignment does not result in any change in Oracle's rights and
obligations under this Ordering Document (including with respect to the Services), or expand, modify or otherwise alter any use or component of the
Services or Services Environments provided under this Ordering Document, and (z) following the assignment, You shall immediately discontinue use of
the Services acquired under this Ordering Document.
City of Fort Worth
Signature vaier�e "an (nug7, zozs ii z6 CDT)
Name Valerie Washington
Title Assistant City Manager
Signature Date Aug 7, 2023
Oracle America, Inc
Signature
Name
Title
Signature Date
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Erika ozano
Contract Specialist
20-Jul-2023 1 12:50 PM PDT
CPQ-3075489 - 1
Issued by Oracle America, Inc. 20-JUL-2023
Page 3 of 4
BILL TO / SHIP TO INFORMATION
Bill To Ship To
Customer Name City of Fort WoC rth Customer Name 't f F rt W rth
Customer Address 200 TEXAS ST
FORT WORTH TX
76102
Contact Name
Steven Vandever
Contact Phone
1-817-3928239
Contact Email
Steven.Vandever@fortworthtexas.gov
iyo 0 0
Customer Address 200 TEXAS ST
FORT WORTH TX
76102
Contact Name
Steven Vandever
Contact Phone
1-817-3928239
Contact Email
Steven.Vandever@fortworthtexas.gov
CPQ-3075489 - 1
Issued by Oracle America, Inc. 20-JUL-2023
Page 4 of 4
[Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED
AND AGREED:]
City:
BY: Valerie Washington (Aug 7, 202311:26 CDT)
Name: Valerie Washington
Title: Assistant City Manager
Date:
Aug 7, 2023
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
By: /
Name: Kevin Gunn
Title: Director, IT Solutions
Approved as to Form and Legality
ell
By:
Name: Taylor Paris
Title: Assistant City Attorney
Contract Authorization:
M&C: 22-0611
Date Approved: 08/23/2022
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
By: Steven Vandever (Jul 27, 202312:10 CDT)
Name: Steven Vandever
Title: Sr. IT Solutions Manager
City Secretary:
By:
Name: Jannette Goodall
Title: City Secretary
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
M&C Review
Page 1 of 2
ACITY COUNCIL AGEND
Create New From This M&C
Official site of the City of Fort Worth, Texas
Fo H
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.
III l+_1��1*9I*]ZI
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 7/27/2023
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 # Amount
ID ID Year (Chartfield 2)
Submitted for Citv Manaaer's Office bv: Reginald Zeno (8517)
Valerie Washington (6192)
Oriciinatinci Department Head:
Additional Information Contact:
ATTACHMENTS
Anthony Rousseau (8338)
Kevin Gunn (2015)
Cynthia Garcia (8525)
Ashley Kadva (2047)
13P ORACLE SOFTWARE SERVICES ITS ADK.docx (CFW Internal)
FID Table Oracle 5-9-2022.xlsx (CFW Internal)
SAMs.pdf (CFW Internal)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30164&councildate=8/23/2022 7/27/2023