Loading...
HomeMy WebLinkAboutHIGH LINE CORPORATIONiNSURANCi= 610T REQUIRED A-2017-045 WC�i: ; MAY .= ROCEED CLERK OF COUNCIL Dated this 8" day of March, 2017 DAFT- -14 1 X 1 `7 EIGHTH AMENDMENT TO PROGRAM LICENSE AND SERVICE AGREEMENT #980603 between: HIGH LINE CORPORATION 145 Renfrew Drive, Suite 210 Markham, Ontario L3R 9R6 Canada (hereinafter referred to as HIGH LINE) and: CITY OF SANTA ANA 20 Civic Center Plaza Santa Ana, CA, 92702 USA (hereinafter referred to as CUSTOMER) (HIGH LINE and CUSTOMER. collectively referred to as "Parties") Parties entered into certain agreement entitled "Program License & Service Agreement #980603" dated June 22, 1998, hereinafter referred to as "Program License and Service Agreement", for the provision of various computer software program licenses and services. The Parties subsequently executed amendments dated April 3, 2000, May 3, 2001, January 19, 2006, January 12, 2009, May 17, 2010, January 2, 2013, April 1, 2016, previously referred to as "Program License and Service Amendment #1, #2, #3, #4, #5, 46, and 47" respectively. The parties now desire to again enter into an amendment, hereinafter referred to as the "Eighth Amendment", in order to update the terms for purchasing additional professional services, software licenses, and maintenance. This Eighth Amendment when duly signed by both parties will constitute an amendment to the original agreement stated above. Except as modified by this Eighth Amendment, and all prior amendments, all terms and conditions of the Program License and Service Agreement shall remain unchanged and in effect. Part I -- Compensation and Pavment Terms This Eighth Amendment to the Program License and Service Agreement provides for CUSTOMER to be able to purchase professional services, software licenses, and maintenance from HIGH LINE at CUSTOMER's discretion at the fees and rates specified herein. The total sum to be expended shall not exceed $340,000 during the term of this amendment. Payment terms are Net 30 days upon receipt of a valid invoice. Professional Services fees will be billed after services are delivered. Licenses fees will be billed upon the installation of software licenses purchased. Maintenance fees will be billed at the same time as License fees and will be pro -rated to coincide with the annual support period term of April 1 --- March 31 and be subject to the terms of the Annual Service Agreement. CUSTOMER may authorize purchase of services, licenses, and maintenance from HIGH LINE by way of approval of a services work order, quotation, or Billing Authorization pursuant to the terms of the Program License and Service Agreement. Part II - Term The term of the provisions in this Eighth Amendment shall commence upon the date first written above and be in effect through March 31, 2020. The term of other provisions of the Program License and Service Agreement that are in effect shall remain unchanged. Part III — Professional Services CUSTOMER may engage HIGH LINE professional services on a time and materials (T&M) basis for assistance with the HIGH LINE Payroll and Human Resources and related software. Such services may include consulting, training, configuration, customization, and other services not covered by the Annual Service (Support) Agreement. Professional services will be billed at the following hourly rates based on the resource provided. Resource Remote Onsite Vice President / Director / Manager $200.00 $225.00 Sr. Application Consultant $150.00 $187.50 Sr. Technical Consultant $150,00 $187.50 Consultant $125.00 $150.00 Programmer Analyst $125.00 $150.00 Implementation Specialist $87.50 $100.00 CUSTOMER will reimburse HIGH LINE for reasonable travel expenses for any on-site professional services provided. Part IV — Optional NextGen Un2rade CUSTOMER shall have the option to upgrade the HIGH LINE application software modules licensed under the Program License and Service Agreement from ePersonality to HIGH LINE's next generation version of the software known as "NextGen" for the fees specified in the schedule below by way of Billing Authorization. Item License Fee Maintenance Tee NextGen Upgrade Fee $25,000 None Logi Info - Required: BI (business intelligence) dashboard Included $2,310 An upgrade does not affect the annual maintenance fees or terms of the covered application software modules under the Annual Service Agreement. The annual Maintenance fee shown for Logi Info is the current fee. The actual maintenance fee will be HIGII LINE's then -current maintenance rate at the time the upgrade is purchased. CUSTOMER may engage HIGII LINE professional services to help upgrade to NextGen. Below are typical services and effort required to perform such an upgrade remotely. Actual time spent will be billed on a T&M basis at the rates specified in this Agreement Amendment. Implementation Services Das Costs Planning Session 1.5 $1,950 Software Installation and Technical Assistance 5 $6,000 Training and Troubleshooting 15 $18,000 Total 21.5 $25,950 Part V — Optional Third Party Oracle Software Licenses Upgrading to NextGen requires licensing certain Oracle software products. Some of the CUSTOMER's existing licenses can transfer and others require re -licensing. HIGH LINE is an authorized Oracle Reseller. CUSTOMER shall have the option to purchase Oracle software licenses from HIGH LINE by way of Billing Authorization. Below are HIGH LINE's Oracle license and maintenance fees at the time of execution of this Agreement Amendment. HIGH LINE's then -current or negotiated fees will be used at the time of purchase. CUSTOMER may change the quantity of licenses purchased as required. Oracle Software Licenses Item Licenses License Maint License Maintenance Cost/CPU Cost /CPU Fee Fee PRODUCTION ENVIRONMENT Oracle Database Server - Standard Edition 2 Update $3,850 $0 $7,700 Two — Processor License Existing Unlimited client users. This license will replace CUSTOMER's existing Standard Edition One license. This is a no -cost upgrade; however, there is a change to the Maintenance fees. Oracle Weblogic - Standard Edition— 2 $6,000 $2,200 $12,000 $4,400 Processor License for NextGen (requires new Oracle license for WebLogic 12C or higher) TEST ENVIRONMENTS Oracle Database Server — Standard Edition 10 Update $80 $0 $800 Two — Named User License Existing This License will replace the CUSTOMER's existing Standard Edition One license. This is a no -cost upgrade; however, there is a change to the Maintenance fees. Oracle Database Server— Standard Edition 10 $210 $80 $2,100 $800 Two — Named User License Oracle Weblogic - Standard Edition - 20 $120 $45 $2,400 $900 Named User License for NextGen (requires new Oracle license for WebLogic 12C or higher) OPTIONAL AD HOC REPORTING Optional: 25 $230 $75 $5,750 $1,875 Oracle SI Publisher (25 user minimum, discounted license cost) In Witness whereof the parties have executed thk I:ighth Arii�mchncnl as orflic effeudve date stated herein. ATTEST, - 4�IAA (k/l &f� Clerk of the Council APPROVED NS TO FORIM: Sonia R. Carvallio, City Attorney . .... . .... By: Lisa Storck Assistant City Attorney RECONINIENDE D FOR APPROVAL: 'ac Ciu­Fla Cif,f'FecUolo-RY Innovations offlecr ol In ormation 1'echnoloY - Department " CITY OF SANTA ANA Acting City Manager HU31-1 LINE. CORPORATION Megan Rogj President & Chief [Necubve Officer