Agenda 04/08/2014 Item #16E34/8/2014 16.E.3.
EXECUTIVE SUMMARY
Recommendation to approve an amendment to the Software License Agreement with SAP Public
Services, Inc. removing unused licenses retroactive to January 1, 2013 and authorize the Chairman
to sign the 11 -5656 Maintenance Termination Addendum.
OBJECTIVE: To reduce the cost of the Software License Agreement with SAP Public Services, Inc. by
removing licenses no longer in use.
CONSIDERATIONS: Collier County (BCC Agency, Clerk of Courts, and Supervisor of Elections)
uses SAP to manage financial transactions and pays an annual fee to maintain the currency and
operability of these systems. Staff has identified licenses that are no longer in use and SAP has agreed to
remove the maintenance cost for these licenses retroactively to January 1, 2013. An amendment to the
software license agreement and a Maintenance Termination Addendum are necessary to effect this
change.
The licenses to be removed include:
Licensed Software
License Metric
License Level
SAP Business Suite Limited Professional User (Type II)
Named User
100
SAP xApp Resource and Portfolio Management (xRPM)
Annual Portfolio Budget
(Millions)
650
FISCAL IMPACT: Reduction in annual maintenance costs of $50.108.12 paid from IT Fee Operating
Fund (505).
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - ERP
GROWTH MANAGEMENT IMPACT: This action has no impact on Growth Management Plan.
RECOMMENDATION: To approve an amendment to the Software License Agreement with SAP
Public Services. Inc. to remove unused licenses effective January 1, 2013 and authorize the Chairman to
sign the associated 11 -5656 Maintenance Termination Addendum.
PREPARED BY: E. Michael Berrios. Director, Information Technology.
Attachments: Maintenance Termination Addendum.
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4/8/2014 16.E.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.3.
Item Summary: Recommendation to approve an amendment to the Software License
Agreement with SAP Public Services, Inc. removing unused licenses retroactive to January 1,
2013 and authorize the Chairman to sign the 11 -5656 Maintenance Termination Addendum.
Meeting Date: 4/8/2014
Prepared By
Name: BerriosMike
Title: Director - Information Technology, Information Technology
3/12/2014 5:06:44 PM
Approved By
Name: HerreraSandra
Title: Procurement Specialist, Purchasing & General Services
Date: 3/14/2014 8:28:47 AM
Name: WardKelsey
Title: Manager - Procurement, Purchasing & General Services
Date: 3/14/2014 9:20:43 AM
Name: MarkiewiczJoanne
Title: Director - Purchasing /General Services, Purchasing & General Services
Date: 3/18/2014 6:59:41 AM
Name: pochopinpat
Title: Administrative Assistant, Administrative Services Division
Date: 3/20/2014 12:00:27 PM
Name: PriceLen
Title: Administrator - Administrative Services, Administrative Services Division
Date: 3/20/2014 2:21:45 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 3/25/20142:47:52 PM
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Name: KlatzkowJeff
Title: County Attorney,
Date: 3/31/2014 10:08:21 AM
4/8/2014 16.E.3.
Name: KimbleSherry
Title: Management/Budget Analyst, Senior, Office of Manag
Date: 4/1/2014 9:55:50 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 4/1/2014 5:48:03 PM
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4/8/2014 16.E.3.
Maintenance Termination Addendum
effective December 31, 2013 ( "Termination Addendum ") to
SAP PUBLIC SERVICES, INC. ( "SAP ")
SOFTWARE END -USER LICENSE AGREEMENT effective September 11, 2001 ( "Agreement') with
The Collier County Board of County Commissioners ( "Licensee ")
This Maintenance Termination Addendum modifies the Agreement between the parties. In each instance in which
the provision(s) of this Termination Addendum contradict or are inconsistent with the provision(s) of the Agreement,
the provision(s) of this Termination Addendum shall prevail and govern and the contradicted or inconsistent
provision(s) shall be deemed amended accordingly.
SAP and Licensee agree as follows:
SAP and Licensee hereby agree that Licensee wishes to terminate the License Grant to the following SAP
Software ("Terminated Software ") which was licensed under Appendix 5 and which shall be terminated in its
entirety retroactive to January 1, 2013:
Appendix 5 (Terminated Software):
I Licensed Software
I License Metric
Licensed Level
SAP Business Suite Limited Professional User (Type Ip
Named User
j 100
SAP xApp Resource and Portfolio Management (xRPM)
Annual Portfolio
650
Named User
I Budget (Millions)
I
For clarification of doubt, the license Grant to the foliowing Software licensed under Appendix 5 is no
affected by this Termination Addendum:
Appendix 5 (retained software):
Licensed Software
License Metric
Licensed
Maintenance
Level
Base
SAP Business Suite Limited Professional User (Type I)
Named User
20
USD 5,299.42
Microsoft SQL Server
SA`d
--
USD 22,257.55
2. SAP and Licensee further agree that all Use rights granted to the Terminated Software are hereby revoked
and Licensee and its authorized Affiliates shall immediately cease Use of the Terminated Software and shall
immediately irretrievably delete and/or remove such items from all computer hardware and storage media
Within thirty (30) days after the effective date of this Termination Addendum, Licensee shall deliver to SAP
at Licensee's expense (adequately packaged and Insured for safe delivery' or cestrov all copies of the
Terminated Software. Licensee acrees that an officer of Licensee's organization shall certify in writing to
SAP that it and each of its authorized Affiliates have complied with performance of the foregoing termination
responsibilities.
SAP and Licensee further agree that in connection with the Terminated Software Licensee's maintenance
base for Appendix 5 shall be reduced from USD 3D0,477 .DD to USD 27,556.91.
4. SAP and Licensee further agree that Sections 6 (Proprietary Rights). 7.3 (Express Disclaimer), 8
(Indemnification), 9 (Limitations of Liability), 10 (Assignment), 11.5 (Export Controi Notice), and 11.7
(Governing Law) of the Agreement shall survive this termination.
5 Otner tnac as described in section 3 of this Termination Addendum, SAP and Licensee agree that there will
be no refunds or credits as a result of tns Termination Addendum.
The validity of this offer shall expire January 30. 2014 unless sooner executed by Licensee or extended in
writing by SAP.
SAP CONFIDENTIAL
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4/8/2014 16.E.3.
EXCEPT AS HEREIN PROVIDED, NONE OF THE PROVISIONS OF THE AGREEMENT SHALL BE AFFECTED BY
THIS TERMINATION ADDENDUM.
IN WITNESS WHEREOF, the parties hereto have executed this Maintenance Termination Addendum
on the day and year first written below.
ATTEST:
Dwight E. Brock, Clerk
By_
Date:
Approved as to Form and Legality:
Assistant County Attorney
Witness
Typed Name and Title
Witness
Terence Dougherty
A%td"MSQf`iC5MraCtS &
Sr. Corp. Counsel
SAP CONFIDENTIAL
BOARD OF COUNTY
COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
By:
Tom Henning, Chairman Date
SAP Public Services inc.
V
yyld Nam, and Title Dat"�
Z-w4&1,
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4/8/2014 16.E.3.
Appendix 5
effective February 13, 2008 ( "Appendix ")
to
SAP PUBLIC SERVICES, INC. ("SAP")
SOFTWARE LICENSE AGREEMENT effective September 11, 2001 ( "Agreement ")
with
Collier County Board of County Commissioners ( "Licensee ")
This Appendix is hereby annexed to and made a part of the Agreement specified above. In each instance in which provisions
of this Appendix contradict or are inconsistent with the provisions of the Agreement, the provisions of this Appendix shall
prevail and govern.
NAMED USER DEFINITIONS:
1.1 "Professional User" is a Named User who performs operational related roles supported by the Software and includes
the rights granted under the Employee User,
1.2.1 "Limited Professional User Type " is as defined in ,Appendix 1.
1.2.2 "Limited Professional User Type 11' is a Named User who is .a supplier t sub - contractor of Licensee solely
accessing SAP xRPM & NetWeaver collaboration functionality (web -based collaboration platform for exchange of
structured and unstructured data). All such Limited Professional Users are only authorized to access the foregoing
functionality. The Licensee will be required to license additional usage and pay all applicable additional license
fees if any Limited Professional User Type fi requires the use of additional Software functionality.
1.3 "Employee Use is a Named User authorized to access the licensed software solely for the purpose of executing the
following transactions: (1) desktop procurement self - servioes, (2) Travel planning and expense reporting, (3) talent
management self - services including employee appraisals, employee development plans, employee training
registration, employee opportunity inquiry and response, (4) read -only anaiytics. Each Employee User shall access the
software solely for such individual's own purposes and not for or on. behalf of other individuals.
1.4 "Employee Self Service User (ESS)" is a Named User authorized to access the licensed software solely for the
purpose of executing the following HR self - services transactions: (1) employee records maintenance, (2) employee
time and attendance entry, (3) employee directory. Each Employee Self Service (ESS) User shall access the software
solely for such individual's own purposes and not for or on behalf of other individuals.
1.5 "Developer User is a Named User who uses development and administration tools provided with the Software for the
purpose of modifying, deploying and managing SAP Software, The Developer User (1) does include the rights granted
under the Employee User and (2) does not include the rights granted under the (a) Professional User and/or (b)
Limited Professional User.
2. LICENSED SOFTWARE: The Software licensed to Licensee pursuant to this Appendix consists of the components
identified below and specified as being licensed ( "Software "). Only individuals licensed as Named Users hereunder
are permitted to Use the SAP Software and third party Software licensed herein (including optional Software). Such
Use shall be in accordance with their respective Named User type and in accordance with identified licensed Level. At
SAP`s request, Licensee shall deliver to SAP a report, as defined by SAP, evidencing Licensee's usage of the
Software. SAP agrees that the initial request for such report will occur twenty -four (24) months following the effective
date of the Agreement or twelve (12) months following the effective date of this Appendix, whichever occurs later, and
will continue annually thereafter.
Licensed SAP Software may utilize limited functionality of other SAP Software products. Unless Licensee has
expressly licensed (under this or a separate Appendix) the other SAP software utilized by the licensed SAP Software,
Licensee's Use of such other SAP Software is limited to access by and through the other SAP Software for the sole
purpose of enabling performance of the licensed SAP Software.
There are no applicable countrytlanguage specific versions licensed by Licensee from SAP hereunder, in the event
Licensee Uses the SAP Software to build and /or operate a custom developed or third party application, additional
license fees may be required.
2.1 SAP BUSINESS SUITE:
Number of Named Users Licensed:
"X" if Limited
Licensed Professional Professional Employee ESS Developer4t'
Type UType I(
SAP Business Suite _0_ 201100 i0_ ^0_ _0_
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2.2 OPTIONAL CROSS INDUSTRY SOFTWARE LICENSED:
loone Licensed
2.3 OPTIONAL INDUSTRY SPECIFIC SOFTWARE LICENSED:
None Licensed
2.4 OPTIONAL SUPPLEMENTARY SOFTWARE LICENSED:
SAP xApps:
°X" if Industry Software License Metric Licensed
Licensed
Level
_X_ SAP xApp Resource and Portfolio Management Annual Portfolio Budget (Millions) 650
(xRPM)
2.5 DATABASE: MS SQL Server
3. LICENSE FEE AND PAYMENT: The total Net License Fee to Licensee for the Software specified above is
USD 300,477 which shall be invoiced upon execution of this Appendix and receipt by Licensee of the above specified
licenses, software and documentation and is payable in accordance with Chapter 218.70, Florida Statutes, also known
as the "Florida Prompt Payment Act ".
4. INSTALLATION: For Software to be installed on a specific Licensee or Affiliate Designated Unit within the Territory,
Licensee shall provide SAP with written notice of the typelmodel and serial number and location of each Designated
Unit and the number of Users allocated to each such Designated Unit prior to such installation. Such notice shall be in
a form materially similar to Schedule 1 attached hereto and is to.be sent to: SAP Contracts Department, Attention:
Director of Contracts, 3999 West Chester Pike, Newtown Square, PA 19073.
DELIVERY: Delivery of the above - specified Software and Documentation is estimated to take place in February, 2008.
Physical delivery of the Software necessary for the Users Licensedunder section 2.1 occurred under Appendix 1 to the
Agreement dated September 11, 2001. Physical delivery of the SAP xApp Resource Portfolio Management Software in
Section 2.4 will be free on board shipping point to the Licensee at the following location: Jane McDonald, Senior
Project Manager, Clerk of Court's MIS, Building F, 3301 Tamiani Trail East, Naples, Florida 34112.
MAINTENANCE FEE AND PAYMENT: Maintenance service offered by SAP is set forth in the Maintenance Schedule
to the Agreement. Maintenance at the site(s) specified in the Maintenance Schedule to the Agreement shall
commence as of the first day of the month following initial delivery df the Software.
The Maintenance Fee for the Software licensed under this Appendix is priced at the then current factor in effect
(currently 17 %) multiplied by the then current Net License Fee for the licensed Software. The current annual
Maintenance Fee for the Software licensed under this Appendix is USD 51,061 (17% of USD 300,477). SAP agrees
the annual Maintenance Fee specified in this item 6 will remain in effect through December 31, 2012 for the Software
licensed under this Appendix. After December 31, 2012, Maintenance Fees are subject to change once during a
calendar year upon ninety (90) days notice to Licensee. Maintenance fees set forth above do not include federal, state
or local taxes. Maintenance Fees are invoiced on an annual basis effective January 1 of a calendar year and payable
in accordance with Section 218.70, Florida Statutes, also known as the "Florida Prompt Pament Act" . Any
Maintenance Fees due prior to January 1 are invoiced on a pro-rata basis for the given calendar year in effect.
7. THIRD -PARTY DATABASE:
Software licensed hereunder currently requires a third -party database, which has been licensed hereunder as a
runtime version. Such runtime version shall be limited to Use by Licensee solely in conjunction with Use of the
Software licensed hereunder, and cannot be used to run any third party software not licensed hereunder.
In the event Licensee uses the licensed database other than as specified above, a full license, including programming
tools provided through such third -party supplier must be licensed directly from a third party database supplier.
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VALIDITY OF OFFER: The validity of this Appendix will expire February 15, 2008, unless sooner executed by
Licensee, or extended in writing by SAP,
y:
b
Accepted by**
OAP Public Se
(SAP)
By:
IS PrElOw
-DIRECITOR-CONT-RAOT-S
Date: /- 1-91 - '0 2
LI
Accepted by:
Collier Count oard of CoMv Commissioners
(Licensee)
By:,
Title: :ZL-" � e.
Date: �2- i ' L - C-z
Accepted by:
Dwight E. Brock
Collier Countv Clerk of the Circuit Courts
(Li nsee)'\
B
Title: c -
Date: I
(Appendix 5 SAP 07-07)
-LP 9 7
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Schedule 1 to Appendix 5 effective February 13, 2008
Designated Unit Information
1. Name of Licensee or Subsidiary where Designated Unit is located:
2. Designated Unit(s) to be identified by Licensee to SAP in writing.
Type/Model No_:
Serial No.:
Location of Designated Unit:
Telephone Number.
Software Delivery Contact Person:
3,
Hardware Information -Operating S stem
Manufacturer Model Manufacturer _ Release Manuf
" Note: When Database is licensed VOM the vendor directly, insert P.O. Number Invoice
Number and Date
• � -t'a oZ'
4/8/2014 16.E.3.
Database`
Na a e
me * **'EQUIPY1ENT TO BE DETEPM!_NED * **
Dt
Tom Henning, Chairman
Title
Collier County Board of Countv Commissioners
(Lice
r
Name Date
Dwight r. Brock, Clerk o*_= Courts
Title
Collier County Clerk of the Circuit Courts
Licensee
y`apgr legal axtff'
Countq gttarne� _-
4
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