HomeMy WebLinkAboutResolution - 2016-R0242 - Order Form, Amendment To Agreement - Hansen Technologies, Banner CIS - 07/28/2016Resolution No.2016-R0242
Item No.6.19
July 28,2016
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock,a renewal Order Form and Amendment to Software
License and Service Agreement with Hansen Technologies for equipment,software,
maintenance,and other services,for Banner CIS,renewing and extending the Purchase
Agreement executed on the March 4,2005.Said renewal quote,in the amount of $224,406.67,is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the Citv Council.
Passed by the City Council on July 28
ATTEST:
A£~t*.
Rerjecca Garza, City Secretary
APPROVED AS TO CONTENT:
Mark YeaXwood,Assistant City Manager
APPROVED AS TO FORM:
iface^Assj^tant City/^tfomey
\\lbbdom\city._dat/(\cilyaU\CCDOCS\RliS BannerCISRenewal.2016.doc
,2016.
DANIEL M.POPE,MAYOR
r _-
Resolution No. 2016-RO242 AAN C f I . !-
T E C H N O L O G I E S
. m, Core t o I" a i_.o.
ORDERFORM
LICENSEE:
SOFTWARE LICENSE & MAINTENANCE AGREEMENT:
ORDER FORM EFFECTIVE DATE:
TERRITORY:
"SHIP TO" ADDRESS:
1301 Broadwav Avenue
Lubbock, TX 79401
Attn: Jamie Cook
Telephone:(8061775-3426
City of Lubbock. Texas
Aug 12, 1999
June 1. 2016
Texas
"BILL TO" ADDRESS (if different):
Same as 'SHIP TO" Address
This Order Form is attached to and, upon execution by both parties, becomes a part of the software license and
maintenance agreement identified above (the "License Agreement"). To the extent the terms of this Order Form conflict
with or are inconsistent with the terms of the License Agreement, the terms of this Order Form shall govern and the License
Agreement shall be deemed amended accordingly. Capitalized words not defined herein shall have the meanings ascribed
to them in the License Agreement.
LICENSED SOFTWARE:
Licensed Software
Source
Supplement
Number of
Total
Fee (USD)
Code
Attached
Additional
Numberof
Licensed
(Yes/No)
Accounts
Licensed
(Yes/No)
Accounts
(after this
Order Form
is
Executed
Banner CIS
Yes
No
17.000
117,000 1
$74,800
MAINTENANCE SERVICES:
LEVEL OF SERVICE: allyff
Licensed Software
Maintenance
Maintenance
Annual Payment
Period
Period End
Amount
Begin Date
Date
USD
New Banner CIS licenses
June 1, 2016
August 31, 2016
$3,740.00
listed above (16,500)
Existing Banner CIS
September 1, 2015
August 31, 2016
$218,201.00 +
licenses 100,000
CPI
Total Maintenance for
September 1, 2015
August 31, 2016
$224,406.67
Banner CIS
ANNUAL ESCALATION CAP: CPI
PAYMENT: The license fee under this Order Form is non -cancelable and non-refundable, and is due and payable upon
the Order Form Effective Date. The maintenance fees set forth above are non -cancelable and non-refundable.
For the Maintenance Services, Licensee will pay to Hansen: (a) the fee provided for above as the "Annual Payment
Amount', the first payment of which shall be due and payable upon the Order Form Effective Date, and (b) for each
Cityo(Lubbock OrderForm 2016 Page 1 of 2
HANSEN - CONFIDENTIAL
subsequent year the fees invoiced by Hansen, which fees will not increase by more than the "Annual Escalation Cap'
provided for above. Unless otherwise stated herein, fees for Maintenance Services after the Initial year are due on the first
day of the last month of the prior Maintenance Period. If applicable, Hansen may prorate Maintenance Services fees so
that Maintenance Services fees for all Licensed Software are renewable on the same date even if the modules of Licensed
Software were not ordered on the same date.
ADDITIONAL TERMS AND CONDITIONS:
Additional Definitions:
The following definition is hereby added to the License Agreement:
"CPI' means, at the time of the escalation calculation, the percentage Increase in the United States Consumer Price Index
for all Urban Consumers for All Items, not seasonally adjusted, for the most recent twelve-month period ending pr or to the
Maintenance Term expiration date.
11, Equipment and Third Party Software:
To use any of the Software. Licensee must also obtain, install on the Equipment and maintain Hansen certified versions of
certain third -party database software products, certain software and hardware peripherals. By this notice, Hansen is
advising Licensee that Licensee should consult with its Hansen representative to obtain a listing of such necessary third -
party products and peripherals.
City of Lubbock, TX
DANIEL M. POPE, MAYO
ATTEST
Rebta Garza, City Secretary
APPROVED AS TO CONTENT: v
cl-v\�,l 4,--.el
Mark Yearwg3 , Assis t City Manager
CilyofLubbock OrderForm 2016 Page 2 of 2
HANSEN - CONFIDENTIAL
HANSEN BANNER,LLC �
By: � /f 1
Printed Name: T L.
Title:PYeit&rf, kw+i _ HVn-rYrco_
Date / nu`�/ 2 o I 1p
rint Agenda Item
hitp://agenda.ei.lubbock.tx.us/frs/publ isit/pFint_ag_memo.c fm?seq=5.
Lubbock
xa
Regular City Council Meeting
Meeting Date: 07/28/2016
Information
Agenda Item
Authorize the Mayor to execute an Order Form with Hansen Technologies for the Banner Software
Maintenance & Services Renewal.
Item Summary
The Order Form, upon execution by both parties, becomes a part of the software license and
maintenance agreement executed August 12, 1999.
The Licensed Software is for 117,000 accounts. The Maintenance Services begins June 1, 2016. The
existing number of licenses is 100,000. The maintenance services are due on the first day of the last
month of the prior Maintenance Period. The period of maintenance is from September 1, 2015 through
August 31, 2016.
Fiscal Impact
The annual software license and maintenance services agreement renewal in the amount of
$224,406.67 is budgeted in the 2015-2016 Information Technology Operating Budget,
Staff/Board Recommending
Mark Yearwood, Assistant City Manager Chief Information Officer
David McGaughey, Director of Information Technology
Attachments
No frle(s) attached.
of 1 6/22/2016 4:58 PN.
Resolution No. 2005-R0094
March 4, 2005
Item 22
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Order Form and an
Amendment to Software License and Service Agreement by and between the City of
Lubbock and Indus International, Inc., amending the Software License and Service
Agreement with Teldata, Inc. dated August 12, 1999. Said Order Form and Amendment
to Software License and Service Agreement is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the Minutes of the City
Council.
Passed by the City Council this 4th day of march 2005.
ATTEST: q�
Rebecca Garza, City Secretary `(s
TO
Dirkctor of Information Technology
as/ccdocs/res-Teldata,Inc.
February 24,2005
Resolution No. 2005-110094..
n
lTINDUS
EXHIBIT 1
ORDER FORM
for Indus International (formerly SCT Utility Systems, Inc.) Software License & Services Agreement
and Technical Currency Agreement
UCENSEE:
SLSA and TCA AGREEMENTS EFFECTIVE:
ORDER FORM EFFECTIVE DATE:
"SHIP TO" ADDRESS:
1301 Broadway Avenue
Lubbock. TX 79401
Contact: Solomon Fields
Telephone No.: 806.775-3426
Fax No.: 606-741-1069
Email: sfield5arratl.cl.lubbackAx.us
The City of Lubbock Texas
August 12, 1999
March .2005
"BILL TO" ADDRESS (if different):
Same as Ship To Information
Contact:
Telephone No.:
Fax No.:
Email:
This Order Form Is attached to and, upon execution by both parties, becomes a part of the software license and services
agreement and the technical currency agreement identified above (the "Aareement"). To the extent the terms of this Order
Form conflict with or are Inconsistent with the terms of the Agreement, the terms of this Order Form shall govern and the
Agreement shell be deemed amended accordingly. Capitalized words not defined herein shall have the meanings ascribed
to them in the Agreement.
LICENSED SOFTWARE:
Licensed Component Systems
Source
Code
Licensed
Maximum/Customers
Named Users
Other
Restrictions
Fee
(USD)
CUSTOMER SUITE:
Yes
100,000 Customers
Advantage CIS
BIIIGen`
(Contact
I'Target
EWO
CWA
EnerUnk.net'
iintelll once'
Advantage Data Extract
Manager
Customer Suite
Complementary Products
Advantage Data Archive
Manager'
Yes
100,000 Customers
SERVICE SUITE:'
No
WorkD timizer
35 Named
Users
WorkCenter
30 Named
Users
WorkMobile
35 Named Users
WOrkExecutive
10 Named Users
WorkMana er
10 Named Users
Application Definition Toolklt
10 Named Users
ASSET SUITE:'
No
10 Named Users
Product Foundation
Personal User Interface
CltyorLubbock.SDM.OrderFo 02.1505.V2
Indus International. Inc. - CONFIDENTIAL
Portal/J User Interface
Equipment Database
Security
AAA
Architecture
Financlal Transactlon
Infrastructure
Analyst Workbench
Document Workbench
Programmer Workbench
Data Services Workbench
Transaction Analyzer
Data Load Products
IndusConnect Framework
("ICF") (Includes 2 Business
Objects listed below
Work Management
Work Management
Project Management
Engineering Change Control
Design Engineedm
Labor Entry & Reporting
Action Tracking
Supply Chain
Inventory Management
Purchasing
Accounts Payable
Contract Management
Procurement Engineering
Document Management
Safety and Compliance
Material Safety Data Sheet
Management
Total Exposure
Personnel Qualifications Data
Equipment Tag Out
Business Objects
Work Order BO 8.01
Schedule BO 8.03
ORACLE PRODUCTS:
No
See Note 1
below
Oracle Server
Total 64 Concurrent
Users
Application Server Enterprise
Edition
Total 64 Concurrent
Users
Developer
5 Named Developers
Programmer
5 Named Developers
Tuning Pack
Total 64 Concurrent
Users
Diagnostic Pack
Total 64 Concurrent
Users
Change Management Pack
Total 64 Concurrent
Users
Total License Fee
$140,000
Newly licensed software under this Order Form
Note 1: Oracle software was previously Ilcensed by Licensee and is subject to the terns and conditions of the
Agreement.
CitycfLubbock S13M.Ordeffo=0218.05 v2
Indus International, Inc. - CONFIDENTIAL
TECHNICAL CURRENCY (MAINTENANCE) SERVICES:
LEVEL OF SERVICE: Silver
ANNUAL ESCALATION CAP FOR NEWLY LICENSED SOFTWARE: CPI
PAYMENT:
All license fees under this Order Form are non -cancelable and non-refundable. The license fee, as set forth above, Is due
and payable upon the Effective Dale of this Order Form.
Maintenance Fees shall be payable as follows:
For Licensed Software:
Maintenance Period
From Order Form Effective Date — 08131/05
9/1 /05 — 8/31 /06
For Existing Software licensed
Prior to Effective Date of Order Form:
jut7IIiLF]Sd7' _ • d
09101/04 — 8/3l/05
09/01/05 — 8/31/06
Payment Due Dale
08/01/05
08/01 /06
Payment Due Date
08/01 /05
08/01/06
Maintenance Fee
$ 12,600
$ 25,200 + CPI
Maintenance Fee
$151,864
$151,864+ CPI
Maintenance Fees for the newly Licensed Software and existing Licensed Software licensed prior to the Effective Date of
this Order Form will be calculated as stated herein, combined and listed as one line Item on the Invoice In the amount of
$177,064+ CPI for the maintenance payment due and payable on August 1, 2006 for the period September 1, 2005
through August 31, 2005.
ADDITIONAL TERMS AND CONDITIONS:
Additional Definitions:
The following definitions are hereby added to the License Agreement:
"CPI' means, at the time of the escalation calculation, the percentage Increase in the United States Consumer Price Index
for all Urban Consumers for All Items, not seasonally adjusted, for the most recent twelve-month period ending prior to the
maintenance term renewal invoice.
If. Confirmations: Licensor and Licensee confirm and agree that they have: (1) entered Into this Order Form to
order additional Licensed Software (as noted above); (li) convert to Customer Suite; and (III) supersede and replace the
Licensed Software listed on Exhibit 1 Effective August 12, 1999.
III, Shipment:
To the extent not already delivered, the Licensed Software licensed herein will be shipped prepaid FOB Indus shipping
location.
IV. Maintenance Fee Escalation:
Section 3. (a) Technical Currency Fees. The annual escalation cap for Technical Currency Fees (Maintenance Services
Fees) provided by Indus from 7% to CPI for all Licensed Software.
V. Equipment and Third Party Software:
To use any of the Licensed Software, Llcensee must also obtain, Install on the Equipment and maintain Licensor certified
versions of certain third -party database software products, certain software and hardware peripherals. By this notice,
Licensor Is advising Licensee that Licensee should consult with Its Indus representative to obtain a listing of such necessary
third -party products and peripherals.
Cityolubbock SDNLOrdvrFo 0218.05.v2
Indus Intema0onal, Inc. - CONFIDENTIAL
EXPIRATION OF OFFER: This Order Form and offer contained herein will expire If not signed by Licensee and returned to
Indus on or before March 15, 2005.
THE CITY QF LL41BOCK TEXAS
Printed
Date: March 4, 2005
Attest:
Rebecca Garza
City Secretary
Approved as to Content:
Mark Vearwoo
Director of Information Technology
Approved as to Form:
/ , r
Amy im5
Assists Attorney
Date: o1 - Q. i 0 5
Cl"&ubbock SOMOrdwFam 02.18 0-5 Q
Indus International, Inc. -CONFIDENTIAL
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1of1
Complete Nos. 1 -4 and 6 if there are interested parties.
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016-94502
Date Filed:
08/03/2016
Date Acknowledged:
08/18/2016
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Hansen Banner, LLC
Atlanta Fulton County Georgia
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
12969
Software technology and services
4
Party
Name of Interested P
City, State, Country lace of business
IY� Y iP )
Nature of interest
check applicable)
( PP )
Controlling
Intermediary
5
Check only if there is NO Interested Party.
X
6
AFFIDAVIT 1 swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said , this the day of
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1of1
Complete Nos. 1 - 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016-94502
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Hansen Banner, LLC
Atlanta Fulton County Georgia
Date Filed:
08/03/2016
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
Software technology and services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party.
X
6
AFFIDAVIT I swear, or affirm,/under penalty of perjury, that the above disclosure is true and correct.
Signature o izad agent of contracting business entity
AFFIX NOTARY STAMP I SEAL ABOVE
Sworn to and subscribed before me, by the said , this the _� day of
20�, to certify which, witness my hand and seal of office.
KERRY A. O'HARE
NOTARY PUBLIC, ffATE OF NEW YORK
NO, 010;15033608 �oz�t i, -w
QUALIFIED IN WE$TLffSffkfl MTY
Signatu a of officer administering oath Printed name of officer administgr16V RA111A1 EYm :`Title 1 f officer administering oath
31-2 01, c
Porms provided by Texas Ethics commission www.ethics.state.tx.us Version V1.0.277