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HomeMy WebLinkAboutStaff Report 268-08City of Palo Alto C ty Manager’s Report TO: FROM: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: ADMINISTRATIVE SERVICES DATE:JUNE 23, 2008 CMR: 268:08 SUB~CT:APPROVAL OF SOFTWARE SUPPORT SERVICES CONTRACT RENEWALS WITH ORACLE CORPORATION IN THE AMOUNT OF S345,510 (3 YEARS AT Sl15,170 PER YEAR) RECOMMENDATION Staff recommends that Council: 1)Approve and authorize the City Manager or his designee to execute the attached sofw~al-e maimenance support agreement contract renewal with Oracle Corporation for one year (7/1/2008 ttv’u 6/30/2009) in the anaount of $115,170 (plus applicable taxes). 2)Authorize the City Manager or his designee to sign the contract for the above services and approve the renewal for the fol!owing two years (at $115,170 per year) provided that the vendor is responsive to the City’s needs and the quali~ of the vendor’s work is acceptable during the first year of the contract. BACKGROUND The City receives support selwices from Oracle Corporation for the Oracle database management system and accompanying software as described in the original Oracle Enterprise License Agreement, dated May 23, 2000. The Oracle database was chosen by the City to support its major applications. Oracle is cun’ently used with SAP, Utilities Customer Information System, Geographic Information System (GIS), eCLASS and others. DISCUSSION Support sera~’ices consist of product support, including telephone technical assistance and subscription services, providing Oracle product upgrades, maintenance releases and patches as Oracle makes them available. The telephone assistance is in the form of a 24 hours a day, 7 days a week support hotline available to designated points of contact (POC) defined by the City. Quarterly newsletters and bulletins are sent to the POCs, as well as access to Oracle’s on-line support system and technical database. The pricing model presented to the City is for an annual fee of $115,170 (plus applicable taxes), CMR:268:08 Page 1 of 3 paid in advance. This pricing represents a 60 percent discount on products under the enterprise licensing agreement price structure compare to non-enterprise pricing. RESOURCE IMPACT The first year of the contract will be in the amount of $115,170 (plus applicable taxes) and the funds are included in the FY 2008-2009 Applications Maintenance Internal Service Fund Budget. Funding for the remaining two years will be proposed as part of the FY 2009-10 and FY 2010-11 budgets. ENVIRONMENTAL ASSESSMENT Approval of this contract does not constitute a project under California Environmental Quality Act (CEQA). Therefore, no environmental assessment is required. ATTACHMENTS Exhibit A: Oracle Support Renewal Quote CMR:268:08 Page 2 of 3 PREPARED BY: DEPARTMENT HEAD REVIEW: CITY MANAGER APPROVAL: LALO BE’t~Z Dir~,Te Services KELLY ~-6---RA~-and STEVE EMSLIE Depub, City Managers CMR:268:08 Page 3 of 3 25-Apr-08 Glenn Loo CITY OF PALO ALTO 130 Park Center Plaza SAN JOSE CA 95113 United States Dear Glenn Loo, The technical support services and benefits provided under service contract number 4760331 will expire, or have expired, on 30-Jun-08. 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 number 4760331, please order the technical support services on this ordering document by issuing an acceptable form of payment in accordance with the attached Order Processing Details section on or before 1-Jun-08. If further information is required, please contact me at the e-mail address or telephone number provided below. Regards, Timothy McNeil Oracle Support Services E-mail: tim.mcneil@oracle.com Tel.: 925 694-6689 Fax: 719-757-4274 Page 1 of 7 RL__ v091507 Service Contract Number: 4760331 Service Contract #: 4760331 Offer Expires:30-Jun-08 Payment Terms:30 NET from date of invoice Billing Terms:Quarterly in Arrears Ordering Document Renewal Contact: Address: Timothy McNeil 4500 Oracle Lane Telephone: Fax: E-mail: Pleasanton CA 94588 United States 925 694-6689 719-757-4274 tim.mcneil@oracle.corn CUSTOMER: CITY OF PALO ALTO QUOTE TO Account Contact: Account Name: Address: Glenn Loo CITY OF PALO ALTO 130 Park Center Plaza Telephone: Fax: E-mail: SAN JOSE CA 95113 United States 650 329-2492 GtennoLoo@CityofPaloAIt o.org BILL TO Account Contact Account Name: Address: Telephone: Fax: E-maih ACCOUNTS PAYABLE CITY OF PALO ALTO INFORMATION TECHNOLOGY SERVICES 250 HAMILTON AVENUE SECOND FLOOR PALO ALTO CA 943O1 United States 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, please e-mail or fax the updated information to Timothy McNeil at tim.mcneil@oracle.com or 719-757-4274. Please also include service contract number 4760331 on such reply. Page 2 of 7 RL v091507 Service Contract Number: 4760331 Service Details I Service Level: Product Description Software Update License & Support CSI #Qty Discoverer Plus - Nonstandard User 3069563 SQL’PLUS - Developer 3069563 Programmer- Developer 3069563 Spatial - Concurrent Device 3069563 Oracle Database Enterprise Edition -3069563 Universal Power Unit Discoverer Administration Edition -3069563 Named User WebDB Enterprise Edition -3069563 Nonstandard User ORACLE SERVER EE 81 8.1 3069563 DIAGNOSTICS PACK 1.5 3069563 TUNING PACK 1.5 DEVELOPER REL1.0 Designer- Developer REPORTS V2.5 Reports Server - Universal Power Unit Forms Server - Universal Power Unit Application Server Enterprise Edition - Universal Power Unit Application Server Enterprise Edition - Concurrent Device Tuning Management Pack - Universal Power Unit Diagnostic Management Pack - Universal Power Unit Notes: Page 3 of 7 RL_ v091507 10 13 19 -50 960 1100 1100 3069563 1100 3069563 1 3069563 1 3069563 1 3069563 500 3069563 500 3069563 960 3069563 1100 3069563 960 3069563 960 License Metric CONCURR ENT DEVICE CONCURR ENT DEVICE DEVELOPE R DEVELOPE R End Date: 30-Jun-09 I License Start Date Level / Type FULL USE 1-Jul-08 FULL USE 1-Jul-08 FULL USE 1-Jul-08 FULL USE 1-Jul-08 FULL USE 1-Jul-08 FULL USE l-Jul-08 FULL USE 1-Jul-08 FULL USE 1-Jul-08 FULL USE 1-Jul-08 Final Price 786.11 958.67 958.67 3,223.69 11,780.10 314.44 81.81 67,359.13 2,054.74 FULL USE 1-Jul-08 2,054.74 FULL USE 1-Jul-08 895.76 FULL USE 1-Jul-08 895.76 FULL USE 1-Jul-08 895.76 FULL USE 1-Jul-08 745.96 FULL USE l-Jul-08 829~85 FULL USE 1-Jul-08 7,014.88 FULL USE 1-Jul-08 7,014.88 FULL USE 1-Jul-08 3,651.50 FULL USE 1-Jul-08 3,651.49 Subtotal:USD 115,167.96 Total Amount: USD 115,167.96 plus applicable tax Service Contract Number: 4760331 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 Timothy McNeil at 925 694-6689 or at tim.mcneil@oracle.com and an updated ordering document will be provided in accordance with Oracle’s technical support policies. Page 4 of 7 RL_ v091507 Service Contract Number: 4760331 GENERAL TERMS "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 PALO ALTO acknowledges that Customer has authorized CITY OF PALO ALTO to execute this ordering document on Customer’s behalf and to bind Customer to the terms described herein. CITY OF PALO ALTO agrees 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 PALO ALTO during the term of service. The technical support services acquired under this ordering document are governed by the terms and conditions of the license and services agreement that you executed when you acquired technical support from us or an authorized reseller. 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 http:!l~,w.oracle.comlsupportlpolicies.html. 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. In the event that Priority Service is acquired under this ordering document, you acknowledge you must maintain a current Software Update License & Support contract for all licenses in a license set for which Priority Service has been purchased. By accepting this ordering document, you also acknowledge that Software Update License & Support for program licenses listed under the Priority Service level may be renewed under separate contract(s). Upon renewal, Priority Service fees will be based on the Priority Service pricing policies in effect at the time of renewal and such fees will be adjusted to account for any acquisition of additional licenses in a license set. Contractual caps on annual technical support fees for Software Update License & Support do not apply to Priority Service, unless stated otherwise in your contract. Page 5 of 7 RL_ v091507 Service Contract Number: 4760331 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 license and services agreement that you executed when you acquired technical support from us or an authorized reseller, (ii) an acceptable form of payment, and (iii) a tax exemption certificate (if applicable). 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. Once ordered, technical support for the support period defined above is non-cancelable and the related fees are non-refundable. If the pre-tax value of this renewal is $2000 or less, pre-payment in the form of a check or credit card must be received. Purchase orders are no longer accepted for these transactions. An invoice will only be issued upon receipt of an acceptable form of payment. Regardless of the form of payment, Oracle’s invoice includes applicable sales tax, GST, or VAT (collectively referred to as "tax"). If CITY OF PALO ALTO is a tax exempt organization, a copy of CITY OF PALO ALTO’s tax exemption certificate must be submitted with CITY OF PALO ALTO’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 purchased by 3urchase order, the purchase order must include the following information: Service Contract #: -Term of Service: -Final Total: -Local Tax, if applicable 4760331 1-Jul-08 to 30-Jun-09 USD 115,167.96 (excluding applicable tax) In issuing a purchase order, CITY OF PALO ALTO agrees and acknowledges that the terms of this ordering document are incorporated into CITY OF PALO ALTO’s purchase order and that the terms of this ordering document and the terms of the Customer’s agreement with us supersede 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 e-mail or fax the purchase order to ©racle per the Remittance Details provided below. Check If the technical support services on this ordering document will be purchased by check, the check must include the following information: Service Contract #: Term of Service: Final Total: Local Tax, if applicable 4760331 1-Jul-08 to 30-Jun-09 USD 115,167.96 (excluding applicable tax) In issuing a check, CITY OF PALO ALTO agrees and acknowledges that the terms of this ordering document and the terms of the Customer’s agreement with us 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 6 of 7 RL_ v091507 Service Contract Number: 4760331 Credit Card Confirmation If the technical support services on this ordering document will be purchased by 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 USDIO0,O00 or greater. Service Contract #: Term of Service: Final Total: 4760331 1-Jul-08 to 30-Jun-09 USD 115,167.96 (excluding applicable tax) 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 PALO ALTO agrees and acknowledges that the terms of this ordering document and the terms of the Customer’s agreement with us 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:Timothy McNeil Oracle Support Services Fax:719-757-4274 E-mail:tim.mcneil@oracle.com Checks for the technical support services ordered hereto should be sent to: AK, AZ, CA, HI, ID, NV, OR, UT, WA: Oracle USA, Inc. PO Box 44471 San Francisco, CA 94144-4471 All other States: Oracle USA, Inc. PO Box 71028 Chicago, IL 60694-1028 Page 7 of 7 RL_ v091507 Service Contract Number: 4760331