CM-05-07-130Request for City Council/City Manager Actin
City Council E City Manager
°Submit,,completed form. for ALL City and Cify Council approvals.;
Department Name:
Contact Person:
Human Resources/Payroll
Noelle Jones/Cheryl Delaney
Project Manager/Resource: Kristie O'Hara
Project Coordinator:
Assigned Attorney:
Jkay (already reviewed)
,ouncihor City Manager
ApprovajiAgendd pates; 15 -Jul -05
Blue Sheet Wording
UL
Project Name: Highline Self Service
iAration Use ONLY
OS -a"1-130
ContractorNendor: Highline
Funding Source: General/uslityfunds
Amount: $11,834.00
Attached contract addendum for the required Oracle database and application server upgrade for the Highline Self Service project. An original agreement was
reviewed and approved by Council in 1998. This addendum is standard Oracle contracting and can not be altered by the City. It has already been thoroughly
reviewed by Legal.
Finance Information
Is Fund ng Required?
Yes„g No
Initial Construction Contract
Construction Contract Amendment
Change Order
Change in Quantity
Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Svcs. Agr.
Finance Approval
Finance
Finance
ED Purchasing
®Budget
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased:
Amount
Other (Please clearly identify action on lines below)
Based on project evolution, an upgrade of the Oracle database and
Above amount includes maintenance required for March - June 2005
L. Olsen
E. Wilson
HB
Cheryl Delaney
$11,834.00
Date 7/13/2005
Date 7/11/2005
Date
Date
7/12/2005
7/11/2005
or Submission oto ALL Ci v Council and aCity Manager Action Items
Project Mgr. Signature:
F �
City Manager Signature:
Date:
Date:
Date: y �7
Date:
pproval`and°is required for ALL items0requesting City llitanager/City,Councilapproval..
Updated 6-9-05
BLUE SHEET FORMAT
D TE: July 6, 2005
S BJECT: City Manager Signature - July 15, 2005
I EM:
0 acle Sub -license agreement for Highline Self Service
D - partment:
S aff Person:
Human Resources/Finance
Teresa Bledsoe, Director of Human Resources/Cindy Demers,
Director of Finance
J stification:
In order to properly install and utilize the Highline Self Service software, the City was required
to upgrade its Oracle database and application server to the Enterprise Edition. This upgrade was
n expected as part of the original self service agreement.
nding:
Cost: $11, 834 (includes license fee and maintenance fees for
March - June 2005)
Source of funds: General Fund Operating Budget
O tside Resources: N/A
Background Information:
T e Human Resources and Finance departments entered into its original
H ghline agreement in April 1998, which became the Human Resources and
P :yroll information system. In February 2004, Council approved a
s pplemental agreement with Highline for the Self Service project. The self
s: rvice system will bring all necessary personnel information for all
e ployees and managers to the web. It will also allow for electronic, on-line
ti esheets to be entered by employees and approved by supervisors.
P blic Comment: N/A
Bl e Sheet Format
Up. ated 01/20/04
betwee
and:
ORACLE CORPORATION SUB -LICENSE AGREEMENT
Addendum #1 dated March 1, 2005
HIGH LINE CORPORATION
145 Renfrew Drive, Suite 210
Markham, Ontario Canada
L3R 9R6
( "Sub -licensor" )
CITY OF ROUND ROCK
221 East Main Street
Round Rock, Texas
78664
( "Sub -licensee" )
This Su. -Licensee Agreement when fully executed forms an integral part of the "Program License Agreement Addendum"
#031011 between Sub -licensor and Sub -licensee.
Sub-lic:nsor has entered into a Value Added Relicensor Agreement to allow Sub -licensor the right to market and grant
sublicei ses, at discounted rates, to Sub -licensee. In accordance with the terms and conditions of the Value Added Relicensor
Agreem nt entered into by Sub -licensor, Sub -licensee must agree to the terms and conditions of this Sub -license Agreement
for the right to use the Application Programs noted in Exhibit A, Oracle Corporation Application Programs, of this
Agreem-nt.
Terms nd Conditions
Sub -licensee agrees to the following terms and conditions:
(i) use of the Application Programs are restricted to object code form only on a single Designated System, as described
in Exhibit A, by a maximum number of Users for Sub -licensee's own internal data processing;
(ii) transfer or duplication of the Programs is prohibited except for temporary transfer in the event of computer
malfunctions and a single backup or archival copy;
(iii) assignment, timesharing or rental of the Programs is prohibited;
(iv) use to the Programs for any purpose outside the scope of the Program License Agreement Addendum #031001
between the Sub -licensor and Sub -licensee is prohibited except as otherwise specified;
(v) the reverse engineering, disassembly or decompilation of the Programs is prohibited except where Sub -licensor has
not provided Sub -licensee, within a reasonable time and after written request, such information as is available to
Sub -licensor and is necessary by Sub -licensee to create software programs which are interoperable with the
Programs but do not infringe the intellectual property rights;
(vi) title of the Programs shall not pass to Sub -licensee;
(vii) Sub -licensee shall, at termination of this Sub -license, discontinue use and shall destroy or return to Sub -licensor the
Programs, documentation and all archival or other copies of the Programs;
(viii) publication or disclosure to third parties of any results of benchmark tests run on the Programs is prohibited;
(ix) Sub -licensee must comply fully with all relevant export laws and regulations of Canada and the United States to
assure that neither the Programs nor any direct product thereof are exported, directly or indirectly, in violation of
Canadian or United States laws;
(x) he Programs are not specifically developed of licensed for use in any nuclear, aviation, mass transit, or medical
pplication or in any other inherently dangerous applications. Any claims or damages arising from use of the
rograms for such applications by Sub -licensee are prohibited;
Sublicense •greement Page l of 3
- 130
(xi) Sub -licensee, while covered under an Annual Support Agreement with Sub -licensor as per Program License
Agreement Addendum #031001 between Sub -Licensor and Sub -licensee, shall direct any technical support issues
directly to Sub -licensor.
Entire
This Su
relate t
change
The un
Agreem
undersi
terms, c
HIGH
Sign:
Nance:
Title:
Date:
CITY
Sign:
Name:
Title:
Date:
greement
-license Agreement, include Exhibit A attached hereto, constitute the entire understanding between the parties as it
sublicenses and supercedes all prior oral or written agreements or understandings between them. It may not be
orally, but only by an Agreement in writing executed as provided herein.
ersigned hereby acknowledges that they have read and that they fully understand the terms of the above Sub -license
nt, the terms and conditions of which are hereby incorporated and acknowledged by this reference. The
ned hereby agree that by signing this document they become parties to said Agreement and agree to be bound by all
nditions and obligations contained therein.
INE CORPORATION
Karl Niemuller
President
1 F ROUND ROCK
a rYe s R. kl e , P �.
Ci -k Moc€y
1 -aa -o5
THIS AGREEMENT IS FOLLOWED BY EXHIBIT A.
Sublicense flg,eement Page 2 of 3
FROM :HIGH LINE CORP.
JUL-29-2005 14:58
FAX NO. :9059408770 Jul. 29 2005 04:49PM P3
CITY OF ROUND ROCK—PSNL 5122185493 P.03/03
(xi) Sub -licensee, while covered under an Annual Support Agreem u with Sub -licensor as per Program License
Agreement Addendum #031001 between Sub-llcenaor and Sub -11 enseo, shalt direct tiny technical support issues
directly to Sub -licensor.
Entire Agreement
This Sub -license Agreement, include Exhibit A attached hereto, constitute he entire understanding between the parties as it
relnte to sublicenses and supercedes all prior oral or written agreementser understandings between them. It may not be
changed orally, but only by an Agreement in writing executed as provided herein.
The undersigned hereby acknowledges that they have read and that they wily underatand the terms of the above Sub -license
Agreement, the terms and conditions of which are hereby incorporated and acknowledged by this reference. The
undersigned here • agree that by signing this document they become pertie' to said Agreement and agree to be bound by all
terms, condition d obligations contained therein.
HIGH LINE
Sign:
Name: Karl iemuiler
Title: President
Date: July 29, 2005
CITY OF ROUND ROCK
\
Sign:
Name:
•Titic:
Date:
M. Ck.r c ey
1 -aa -O5
e.
THIS AGREEMENT IS FOLLOWED B
EXHIBIT A.
Srh/icrrw. Agrrmnrnf
JUL-29-2005 15:42
9059408770 97%
Page 2 OJ J
TOTAL P.03
P.03
EXHIBIT "A"
ORACLE CORPORATION APPLICATION PROGRAMS
In acco dance with the Business Alliance Programme Agreement number 3285 dated June 7, 1997 and the "Addendum"
bearing an effective date June 1, 1999 in effect between the Sub -licensor and Oracle Corporation Canada inc. ( "Oracle" ),
Sub-lic nsor hereby grants to the Sub -licensee a non-exclusive, non -transferable sublicense of the Programs set forth:
ORAC E APPLICATION PROGRAMS and LICENSE TYPE as applicable:
List bel w:
• Or cle Database Server, Standard Edition- Processor License x 2
• Or cle Application Server, Java Edition — Processor License x 1
Note: 1 x Oracle Database Server, Standard Edition — Processor License shall be migrated from a 15 x Concurrent User
Databa e, Standard edition at time of installation.
Effecti e March 1, 2005- Cancel License and Support:
• Oracle Application Server, Java Edition — Processor License x 1
Effecti e Marcie 1, 2005 Upgrade License and Support to:
• Oracle Application Server, Enterprise Edition — Processor License x 1
Hardwre / Operating System: Indicate System in use:
Micros
IBM R
HP -UX
SUN S
ft Windows NT
6000 AIX
LARIS
Design ted Computer System: List Serial Numbers and Model):
•
•
If Sub- Licensee does not purchase Oracle Licenses from Sub -Licensor or owns a current license of the above, Sub -
License agrees to provide Sub -Licensor with their CID/CSI account numbers for those Oracle products not Sub -
License. through Sub -Licensor.
Oracle ' roduct Name & applicable CID/CSI #
Oracle 'roduct Name & applicable CID/CSI #
Oracle roduct Name & applicable CID/CSI #
Oracle roduct Name & applicable CID/CSI #
Oracle hall not be held liable for any damages, whether direct or indirect, incidental or consequential arising from the use
of the P ograms. This Sub -license does not include warranties, express or implied, on behalf of Oracle.
Sublicens Agreement -Exhibit "A" Page 3 of 3