HomeMy WebLinkAboutOrdering DocumentORDERING DOCUMENT
Customer Name CITY OF MIAMI
Customer Location 444 SW 2nd Avenue
MIAMI
FL 33130
ORACLE CONTRACT INFORMATION
Agreement Software License and Services Agreement
Agreement Name STATE-26692-24-MAY-00
This Ordering Document incorporates by reference the terms of the Agreement specified above, State of Florida Contract No. 252-002-00-1,
("Agreement"), as amended,
A. PROGRAMS
Customer hereby orders the Program licenses and Services described herein for use in the U.S., unless otherwise specified.
All fees on this Ordering Document arc in US Dollars
Product Description / License Tyne
Quantity
List Fee
Discount %
Balanced Scorecard - Employee Perpetual
4069
License
386,555.00
81.1
Software Updates
57,983.25
81.1
Product Support
27,058.85
81.1
Change Management Pack - Named User Plus Perpetual
50
License
3,000.00
81.1
Software Updates
450.00
81.1
Product Support
210.00
81.1
Change Management Pack - Processor Perpetual
4
License
12,000.00
81.1
Software Updates
1,800.00
81.1
Product Support
840.00
81.1
Diagnostics Pack - Named User Plus Perpetual
50
License
3,000.00
81.1
Software Updates
450.00
81.1
Product Support
210.00
81.1
Diagnostics Pack - Processor Perpetual
4
License
12,000,00
81.)
Software Updates
1,800.00
81.1
Product Support
840.00
81.1
Discoverer Desktop Edition - Named User Plus Perpetual
10
License
10,000.00
81.1
Software Updates
1,500.00
81.1
Product Support
700.00
81.1
E-Business Suite Employee User - Employee User
3662
License
1,464,800.00
81.1
Software Updates
219,720.00
81.1
Product Support
102,536.00
81.1
E-Business Suite Professional User - Professional User
407
License
1,628,000.00
81.1
Software Updates
244,200.00
81.1
Product Support
113,960.00
81.1
Grants - Application User Perpetual
25
License
99,875.00
R1.1
Software Updates
14,981.25
81.1
Product Support
6,991.25
81.1
1358668.CITY OF MIAMLI.KATHRYN.TROUTMAN
Net Fee
73,058.89
10,958.84'
5,114,13''
567.00
85.05
39.69;
2,268.00
340.20'
158.76•.•
567.00
85.05i
39.69
2,263.00
340.20
158.76
1,890.00
283.501
132.30
276,847.20
41,527.08;
19,379.30
307,692.00;
46,153.80;
21,538.44
18,876.37
2,831.46
1,321.35
Issued by ORACLE CORPORATION 03-AUG-04
Page l
Product Description / License Type
Ouantlty
List Fee
Discount %
Internet Application Server Enterprise Edition - Named User Plus
50
Perpetual
License
20,000,00
81.1
Software Updates
3,000,00
81.1
Product Support
1,400.00
81.1
Internet Application Server Enterprise Edition - Processor Perpetual
4
License
80,000,00
81.1
Software Updates
12,000.00
81.1
Product Support
5,600.00
81.1
Internet Developer Suite - Named User Plus Perpetual
10
License
50,000.00
81.1
Software Updates
7,500.00
81.1
Product Support
3,500.00
81.1
Open System Gateways - Computer Perpetual
1
License
15,000.00
81.1
Software Updates
2,250.00
81.1
Product Support
1,050.00
81.1
Oracle Database Enterprise Edition - Named User Plus Perpetual
50
License
40,000.00
81.1
Software Updates
6,000.00
81.1
Product Support
2,800.00
81.1
Oracle Database Enterprise Edition - Processor Perpetual
4
License
160,000,00
81.1
Software Updates
24,000.00
81.!
Product Support
11,200.00
81. l
Payroll - Person Perpetual
4372
License
262,320.00
81.1
Software Updates
39,348.00
81.1
Product Support
18,362.40
81.1
Self -Service Tutor for Applications - Employee Perpetual
3662
License
73,240,00
81.1
Software Updates
10,986.00
81.1
Product Support
5,126.80
81.1
Sourcing - Application User Perpetual
5
License
100,000,00
81.1
Software Updates
15,000.00
81.1
Product Support
7,000.00
81.1
Tuning Pack - Named User Plus Perpetual
50
License
3,000.00
81.1
Software Updates
450.00
81.1
Product Support
210.00
81.1
Tuning Pack - Processor Perpetual
4
License
12,000.00
81.1
Software Updates
1,800.00
81.1
Product Support
840.00
81.1
Tutor for Applications - Application User Perpetual
407
License
201,465.00
81.1
Software Updates
30,219.75
81.1
Product Support
14,102.55
81.1
iRecruitment - Person Perpetual
4372
License
218,600,00
81.1
Software Updates
32,790.00
81.1
Product Support
15.302.00
81.1
1358668.CITY OF MIAMI.LKATHRYN,TROUTMAN
- 'Net -Feel
3,780.001
567.001
264.601
15,1 20.00
2.268.001
1,058.401
9,450.001
1,417.501
661.501
2,835.00
425.251
198.45i
1
7,560.001
1,134.00
529.20
30,240.00
4.536.00
2,1 16.80
49,578.48
7,436.77
3,470.49
13,842.36
2,076.35
968.97
18,900.00
2.835.00
1,323.00
567.001
85.05
39.691
2,268.00i
340.201
158.761
38.076.881
5,711.531
2.665.381
}
41,315.40i
6,197.311
Issued by ORACLE CORPORATION 03-AUG-04
Page 2
Other Fees
Oracle Training
CD Pack Description
Oracle® Database lOg Release 1CD Pack (with Oracle® Enterprise
Manager l Og Grid Control Pack for Linux x86) for Microsoft Windows
Oracle® Application Server 10g CD Pack for Microsoft Windows (with
Oracle® Enterprise Manager l0g Grid Control Pack for Linux x86)
Internet Developer Suite CD Pack (with iAS Pack) for Microsoft
Windows
Oracle® Applications 11 i CD Pack for Microsoft Windows
Quantity
1
1
Net Feel
104.249.00,
Net Feel
69.901
69.901
119.9X01
59.95
Litt Fee
Discount •
Net i
License Fees
4,854,855.00
81.1
917,567
Product Support Fees
339,839.85
81.1
64,229
Software Updates Fecs
728,228.25
81.1
137,635
Other Fees
104,249.00
104,249
CD Pack Fees
319.65
319
Net Fccs
1,224,001
Total Feet
1,224,001
1358668.CITY OF MIAMI.I.KATHRYN.TROUTMAN
5t11
74`
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651
Issued by ORACLE CORPORATION 03-AUG-04
Page 3
B. General Terms
1 Technical Support
Technical Support consists of Software Updates, Product Support and/or other Technical Support services Customer may have ordered. Fees
for Technical Support are due and payable quarterly in arrears. Technical Support acquired under this Ordering Document shall be for a period
of 12 months. Technical Support is effective upon the Effective Date of this Ordering Document.
2 Miscellaneous
Section A of this Ordering Document specifics the CD Pack(s) on the particular computer operating system requested by Customer, which
have been shipped or currently are being shipped to Customer, Where shipment is required, Oracle shall deliver to thc address specified by
Customer on theirpurchaaing document or when the purchasing document does not indicate a ship to address, Oracle shall deliver to the
Customer Location, the CD Pack(s) listed in Section A that include I copy of the software media and 1 set of Documentation (in the form
generally available) for each Program licensed under this Ordering Document which is currently available in production release as of the
Effective Date below. Some Programs may also include any source code Oracle may provide as part of its standard shipment of such
Programs, which source code shall be governed by the terms of the Agreement. Customer shall be responsible for installation of the software.
All fees due under this Ordering Document shall be non -cancellable and the sums paid nonrefundable, except as provided in the Agreement.
Customer agrees to pay applicable media and shipping charges. Provided Customer continuously maintains Software Updates, additional CD
Packs for the Programs provided under this Ordering Document may be ordered through the Oracle Store at the standard CD Pack price. if
Customer loses or damages the media containing a Program licensed hereunder, upon Customer's written notice Oracle will provide a
replacement copy thereof, under Oracle's then -current Technical Support policies, for a media and shipping charge. The following shipping
terms shalt apply: FCA Shipping Point, Prepaid, and Add. These terms shall also apply to any options exercised by Customer.
Additional Programs may be included with Customer's order which Customer may use for trial purposes only. Customer shall have 30 days
from the delivery date to evaluate these Programs. Any use of these Programs after the 30 day trial period shall require Customer to obtain the
applicable license. Programs licensed for trial purposes arc provided "as is" and Oracle does not provide Technical Support or any warranties
of any kind for these Programs.
The program licenses provided in this Ordering Document are offered separately from any other proposal for consulting services Customer
may receive or have received from Oracle and do not require you to purchase Oracle consulting services. Customer agrees that you have not
relied on the future availability of any programs or releases in entering into the payment obligations in this Ordering Document.
A copy of Oracle's License Definitions and Rules is attached hereto and incorporated by reference.
C. Other
1 Customer Reference
In consideration of the discounts granted to Customer under this Ordering Document, Oracle may refer to Customer as a customer in sales
presentations, marketing vehicles and activities. In nddition Customer agrees to become part of Oracle's reference program by working with a
representative from Oracle Marketing to develop a customer profile for use on Oracle,com and for other promotional activities at Oracle's
discretion. The profile will include a quote from an executive of Customer's company and Customer's company logo.
2 Oracle's response to RFP 03-04-104:
Oracle's responses to the Application Technical and Application Functional questions, provided in response to RFP 03.04-104, are attached to
this Ordering Document as Appendix X and incorporated by reference as additional Terms and Conditions. Oracle warrants only to the
applicable program documentation. Warranty tens are set forth in the Agreement. In the event of any conflict between the terms and
conditions found in the Ordering Document, including any terms and conditions incorporated into the Ordering Document by reference, the
terms and conditions of the Ordering Document supercede any information provided in Appendix X.
3 Additional Licenses
For a period of 18 (eighteen) months from the Effective Date of this Ordering Document, Customer may acquire the Programs specified on the
attached Price Hold Exhibit, provided such Programs are available in production release when ordered, and provided that Customer has
continuously maintained Software Updates and Product Support for the Programs licensed on this Ordering Document, by paying Oracle thc
designated license fees. Customer may also acquire first year Software Updates and first year Product Support for such Programs by paying
Oracle the appropriate fees specified on the attached Price Hold Exhibit. Upon Customer's exercise of this option, where shipment is required,
Oracle shall deliver 1 copy of the software media and I set of Documentation (in the form generally available). Any relevant purchase
minimums will apply to orders placed underthis section.
4 Governing Law and Jurisdiction
This Agreement is governed by the subatantive and procedural laws of Florida and Customer and Oracle agree to submit to the exclusive
jurisdiction of, and venue in, the courts in Miami Dade County.
1358668.CITY OF MIAMI.I.KATHRYN.TROUTMAN
Issued by ORACLE CORPORATION 03-AUG•04
Page 4
5 Oracle Training
The attached quote details the Instructor Lead Training and Self Paced Training courses ordered under this Ordering Document,
Oracle Training List Fees; 5160,383
Discount: 35%
Oracle Training Net Fees: $ 104,249
D. Additional Agreement Terms
1 The following terns amend the attached License Definitions and Rules document:
Replace the first sentence of the third paragraph of the Technical Support section with "Software Updates or Product Support acquired with
Customer's order may be renewed annually and, if Customer renews the Software Updates or Product Support for the same number of licenses
for the same Programs, for the first 4 (four) renewal years the fee for Software Updates or Product Support will not increase by more than O%
over the prior year's fee. For renewal years 5 through 9 the fee for Software Updates or Product Support will not increase by more than 3%
over the prior year's fee,"
E. E-Business Suite
1 Table A
The Programs specified in Table A on the attached E-Business Suite Exhibit are included in the E-Business Suite Professional User.
2 Table B
The Programs specified in Table B on the attached E-Business Suite Exhibit are included in the E-Business Suite Employee User and E-
Business Suite Non -Employee User.
3 Tabte C
The Programs specified in Table C on the attached E-Business Suite Exhibit are included in Electronic Orders.
4 Program Purchasing Restrictions
Now that Customer has licensed the E-Business Suite Professional User, Customer acknowledges that Customer is no longer able to purchase
those Programs contained in the E-Business Suite Professional User on a per Program basis, Any additional licenses needed for those
Programs contained in the E-Business Suite Professional User must be purchased via the Professional User, Professional User — External,
Employee User or Non Employee User— External metrics. In addition, if Customer requires use of the iStorc or Release Management
Programs, Customer must acquire these licenses per the Electronic Orders brindle which is licensed per order and Customer is not able to
purchase these Programs on a per Program basis.
5 Minimum Licensing Requirements
Customer is required to maintain Professional User licenses for at least 10% of Customer's employee population and a combination of
Professional User and Employee User licenses for at least 20% of Customer's employee population.
Customer's employee population shall be defined as the total number of actual employees (regardless of whether they work full-tinne or part-
time) as stated in Customer's annual report if Customer is a publicly traded company or as certified in writing by an authorized representative
for privately held companies
As of the Effective Date, Customer has met the minimum requirement for licensing the E-Business Applications Suite based on Customer's
current employee population of 3850. At the time Customer's employee population first reaches 4070 and each time thereafter that
Customer's employee population increases by 10% over the previous reported employee population, Customer will be required to verify to
Oracle in writing that (i) Customer is still in compliance with the minimum licensing requirements (including the requirement as to proportion
of Professional and Employee Users) or (ii) Customer is not in compliance and will acquire additional licenses as necessary to comply with the
minimum licensing requirements.
The above is only a minimum licensing rule and Customer is always required to be licensed for Customer's actual users.
1358668.CITY OF MIAMI.I.KATHRYN.TROUTMAN
Issued by ORACLE CORPORATION 03 •AUG•04
Page 5
ATTEST:
Priscilla A. Thompson, City Ctlerk
P`PEST:
By:
APPROVED AS TO FORM AND
CORRECTNESS:
Maria J. Chiaro erirn Cit Attorne
Ezo 1358668
CITY
CITY OF MIAM a -Municipal
C•.ration of c State'ofFlor
riola, Chic dministrator/City
cr
PROVIDER
ORACLE CORPORATION
By: fLei
By: Anne Fletcher
Managing Counsel
APPROVED AS TO INSURANCE
REQUIREMENTS:
&,TY,-q/ i
y y Dania F. Carrillo, Risk Management
Administrator
Page 6