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HomeMy WebLinkAbout21-177 Resolution 21-177 RESOLUTION AUTHORIZING THE RENEWAL AND EXECUTION OF AN ORDER FORM WITH SALESFORCE.COM, INC. FOR A FIVE-YEAR PLATFORM SOFTWARE SUBSCRIPTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk,be and are hereby authorized and directed to renew and execute an order form on behalf of the City of Elgin with Salesforce.com, Inc. for a five-year platform software subscription, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: December 1, 2021 Adopted: December 1, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk salesforce.com,inc. ORDER FORM for City of Elgin(IL) Salesforce Tower Offer Valid Through:12/31/2021 salesforce 415 Mission Street,3rd Floor Proposed by:Brian Foreman San Francisco,CA 94105 Quote Number:Q-05031182 United States ORDER FORM Address Information Bill To: Ship To: 150 Dexter Court 150 Dexter Court Elgin Elgin IL,60120-5555 IL,60120-5555 US-United States US-United States Billing Company Name:City of Elgin(IL) Billing Phone:(847)931-5642 Billing Contact Name:Jeff Massey Billing Fax: Billing Email Address:masseyj@cityofelgin.org Billing Language:English Terms an d d Conditions Contract Start Date*:1/1/2022 Payment Method:Check Contract End Date*:12/31/2022 Payment Terms:Net 30 Billing Frequency:Annual Billing Method:Email Services Order Order Start Order Term Monthly! Services Date* End Date*" (months)* Unit Price** Quantity Total Price Public Sector Foundation-Unlimited Edition 1/1/2022 12/31/2022 12 USD 188.00 34 USD 76,704.00 Public Sector Application Forms(1,000) 1/1/2022 12/31/2022 USD 2,500.00 5 USD 12,500.00 Sales&Service Cloud-Unlimited Edition(Restricted Use) 1/1/2022 12/31/2022 12 USD 54.00 335 USD 217,080.00 (Service) Sales&Service Cloud-Unlimited Edition(Service) 1/1/2022 12/31/2022 12 USD 151.00 30 USD 54,360.00 Salesforce Maps Live Tracking-Connected Device 1/1/2022 12/31/2022 12 USD 11.00 169 USD 22,308.00 Tableau CRM Growth 1/1/2022 12/31/2022 12 USD 75.00 5 USD 4,500.00 Courtesy Administrators for Admin Assist-Unlimited Edition 1/1/2022 12/31/2022 12 USD 0.00 1 USD 0.00 Salesforce Maps 1/1/2022 12/31/2022 12 USD 42.00 70 USD 35,280.00 Customer Community-Unlimited Edition-Logins(Per Month) 1/1/2022 12/31/2022 12 USD 0.19 20,000 USD 45,000.00 Total:USD 467,732.00 1 /9 if this Order Form is executed and/or returned to salesforce.com by Customer after the Order Start Date above,salesforce.com may adjust the Order Start Date and Order End Date,without increasing the Total Price,based on the date salesforce.com activates the products and provided that the total term length does not change.Following activation,any adjustments to such Order Start Date and Order End Date may be confirmed by logging into Checkout,by reference to the order confirmation email sent by salesforce.com to the Billing Email Address above,and/or by contacting Customer Service. **The Monthly/Unit Price shown above has been rounded to two decimal places for display purposes.As many as eight decimal places may be present in the actual price.The totals for this order were calculated using the actual price,rather than the Monthly/Unit Price displayed above,and are the true and binding totals for this order Prices shown above do not include any taxes that may apply.Any such taxes are the responsibility of Customer.This is not an invoice. For customers based in the United States,any applicable taxes will be determined based on the laws and regulations of the taxing authority(ies) governing the"Ship To"location provided by Customer on this Order Form. Usage Details By Tenant ID Usage Type Start Date End Date Tenant ID Quantity Overage Rate Public Sector Applications 1/1/2022 12/31/2022 00Dd0000000g0iDEAQ 5,000 USD 5.00000000 2/9 Pricing Schedule Monthly/ Product Unit Price"" Quantity For Public Sector Foundation-Unlimited Edition USD 188.00 34+ Public Sector Application Forms(1,000) USD 2,500.00 5+ Sales&Service Cloud-Unlimited Edition(Restricted Use)(Service) USD 54.00 335+ Sales&Service Cloud-Unlimited Edition(Service) USD 151.00 30+ Salesforce Maps Live Tracking-Connected Device USD 11.00 169+ Tableau CRM Growth USD 75.00 5+ Salesforce Maps USD 42.00 70+ Customer Community-Unlimited Edition-Logins(Per Month) USD 0.19 20000+ The pricing in the Pricing Schedule above("Pricing Schedule")reflects the monthly per-subscription fees for the applicable Service.In the event the Pricing Schedule sets forth tiered pricing,any such tiered pricing levels are based upon the Aggregate Total Number of active subscriptions of the relevant Service purchased."Aggregate Total Number"as it relates to a subscription,is the aggregate total number of active subscriptions, purchased by the Customer executing this Order Form,commencing on the Contract Start Date of this Order Form,as measured at the time of execution of the applicable Order Form.If a single additional order raises the aggregate number of subscriptions for any Service listed in the Pricing Schedule above the threshold limits specified therein,only those subscriptions exceeding the new threshold are entitled to the reduced pricing.Only additional orders by Customer that are associated with this Order Form,for purchase of subscriptions to the same Service and edition as set forth in the Pricing Schedule,during the period commencing on the Contract Start Date and ending on the Contract End Date of this Order Form,are eligible for the applicable volume pricing levels under the Pricing Schedule.For clarity,restricted use subscriptions(those subscriptions that either have the term"Restricted Use"in the Service name,or are indicated as a Restricted Use Subscription in a Quote Special Term)are not included when determining the Aggregate Total Number of a full use subscription,and full use subscriptions are not included when determining the Aggregate Total Number of a restricted use subscription.Any price decreases shall have no effect on previously purchased subscriptions.Volume discounts do not accumulate across different Services or editions.Any renewals of the subscriptions purchased under this Order Form are not eligible for the Pricing Schedule unless expressly agreed to in writing between the parties in an applicable renewal Order Form. Quote Special Terms 3/9 Customer may terminate Order Form in accordance with section 11.3 of the MSA. For clarity and notwithstanding statements on page 6 of this Order Form,this Order Form shall be governed by the Master Subscription Agreement between salesforce.com and City of Elgin,Illinois dated 1/25/2017(the"MSA")and any applicable addenda thereto,provided that the entity signing this Order Form is either the same entity that executed the MSA or an Affiliate thereof.If the entity signing this Order Form is an Affiliate thereof,such Affiliate agrees to be bound by the terms of the MSA as if it were an original party thereto. Consistent with Section 5.6 of the MSA,SFDC will not invoice Customer for taxes from which Customer is exempt. Sales&Service Cloud-Unlimited Edition(Restricted Use)(Service)-subscriptions ordered hereunder at pricing of$54 User/month are Restricted Use Subscriptions,and shall be subject to the following restriction(s):Restricted Use Subscriptions shall(1)not include any of the following functionality(ies)(by tab,as applicable):Accounts,Contacts,Leads,Opportunities,Console,Quotes,Solutions,Data.com, Offline,customizable forecasting.For clarity,the primary job function of Users of Restricted Use subscriptions cannot include full time Sales or Service(Call Center)responsibilities,including those who manage Users with such job functions(including,but not limited to C-Level and Senior Executives).These restrictions shall be cumulative and shall apply to all Restricted Use Subscriptions purchased under this Order Form.Customer must strictly segregate all Restricted Use Subscriptions from any full-featured subscriptions it may hold by setting up and enforcing a unique profile in the Service associated with such Restricted Use Subscriptions.Customer understands that the above functionality limitations are contractual in nature(i.e.,the functionality itself has not been disabled as a technical matter in the Service)and therefore agrees to strictly monitor its Users'use of such Restricted Use Subscriptions and enforce the applicable restrictions.Salesforce.com may audit Customer's use of Restricted Use Subscriptions at any time through the Service.Should any audit reveal any unauthorized use of Restricted Use Subscriptions,Customer agrees it will pay,within five(5)business days of notice of the audit results,the difference between the contract price for Restricted Use Subscriptions and the list price for full subscriptions of the above-named product,for all of the Restricted Use Subscriptions showing unauthorized use(taken as a group),beginning with the date of the first violation through the end of the then current subscription term.Upon such payment,all such Restricted Use Subscriptions showing unauthorized use will be converted into full subscriptions for the remainder of the then current subscription term. In the event this Order Form reflects an early renewal of Customer's existing subscriptions purchased under applicable Order Forms under Contract No(s).01568528,(as referenced in the corresponding invoice(s)),this Order Form shall replace such previous Customer's Order Forn(s)which is/are hereby terminated.Any credits applicable to fees paid in relation to such terminated Order Form(s)will be applied to this Order Form.In the event this Order Form reflects an on-time renewal of applicable Order Forms under Contract No(s). 01568528,the previous sentence about credits does not apply,and Order Forms related to such existing subscriptions shall be considered expired. Product Special Terms Einstein Bots Feature The Einstein Bots feature shall be subject to the Order Form Supplement for Einstein Features available at https://www.salesforce.com/company/legal/agreements.jsp("Supplement")which is hereby made part of this Order Form.Customer may enable and disable Einstein Bots at any time by following the instructions in the Supplement. Customer will be provided with 25 Einstein Bots conversations per month for each Live Agent User with an active subscription.Unused Einstein Bot conversations are forfeited at the end of each anniversary of the Order Start Date hereunder or the Order End Date, whichever occurs first,and do not roll over to subsequent months.Customer understands that the above limitation is contractual in nature (i.e.,it is not limited as a technical matter in the Service)and therefore agrees to monitor its Users'use of such subscriptions and enforce the limit set forth herein.SFDC may review Customer's use of the subscriptions at any time through the Service.Should any review reveal unauthorized use,Customer agrees that SFDC may terminate Customer's access to such 25 Einstein Bots conversations.Customer may purchase additional Einstein Bots conversations at SFDC's then-current list price. The Einstein Bots Feature is not available to some customers,including Government Cloud as stated in the Documentation. 4/9 Public Sector Application Forms(1,000) Each Public Sector Application Forms(1,000)subscription includes 1,000 Customer Community Plus(Members)subscriptions,1,000 Vlocity Digital Portal Users,and a total of 1,000 application units for use during the Order Term.Applicable multipliers for application units are described at https://www.salesforce.com/content/dam/web/en_us/www/documents/Iegal/public-sector-solutions-services-application-unit-multipliers.pdf.; Unused application units are forfeited at the end of the Order Term and do not roll over to subsequent terms.Customer may purchase additional Public Sector Application Forms(1,000)subscriptions at any time during the Order Term;however,if Customer fails to order additional subscriptions prior to exhausting its then-current application unit volume,the applicable overage rates for application units set forth in this Order Form will apply.Overage fees are billed monthly,in arrears.As part of the initial configuration,and prior to use of the Services,Customer must select the"Licensing and Permitting Management"Application Usage Object Record(as further detailed at https://help.salesforce.com/articleView?id=psc_admin_task_config_appl_recd_type.htmtype=5)in order to properly track application credit usage.Customer Community Plus(Member)subscriptions included with the Public Sector Application Forms(1,000)subscription may not; be used by Customer employees or other personnel of Customer.Customer may only provide access to the features and functionality included with such Customer Community Plus(Member)subscriptions to member Users included as part of the Public Sector Application Forms(1,000)subscription.Customer shall assign each member User a User profile or permission set that permits access to no more than 10 custom objects in the applicable community.Customer understands that the limitations described herein are contractual in nature (i.e.,they are not limited as a technical matter in the Service)and therefore agrees to strictly review its Users'use of such subscriptions and enforce the limits set forth herein.SFDC may review Customer's use of the subscriptions at any time through the Service. Salesforce Maps Product Term In order to access the Salesforce Maps Services,Customer's system administrator must first install the managed package(available at https://sfdc.co/SFMapslnstall). The quantity of Salesforce Maps subscriptions purchased must be less than or equal to the quantity of eligible User subscriptions purchased.Customer p sed. understands that the foregoing is a restriction that is contractual in nature i.e.,this restriction is not enforced in the e9 9 ( Services as a technical matter)and therefore agrees it is responsible for monitoring its Users'use of such subscriptions and for enforcing such use restriction.SFDC may review Customer's use of such subscriptions at any time. Live Tracking Product Term The Quantity represents the number of devices Customer may connect to the Salesforce Maps Services.Customer understands that the foregoing is a restriction that is contractual in nature(i.e.,this restriction is not enforced in the Services as a technical matter)and therefore agrees it is responsible for monitoring its Users'use of such subscriptions and for enforcing such use restriction.SFDC may review Customer's use of such subscriptions at any time.These subscriptions are also subject to the Order Form Supplement for Salesforce Maps Live Tracking:Connected Device available at https://www.salesforce.com/company/legal/agreements.jsp,which is hereby made part of this Order Form Scratch Org The following terms shall govern all of Customer's use of the Scratch Orgs functionality,whether provisioned pursuant to this or another Order Form.Scratch Orgs are for testing and development use only,and not for production use.As part of its system maintenance,SFDC will periodically delete any Scratch Org,including any associated data or Active Scratch Objects,as set forth in the Documentation. Deletion of an active Scratch Org shall not terminate Customer's Scratch Org subscription;if an active Scratch Org is deleted during Customer's Scratch Org subscription term,Customer may create a new active Scratch Org.Creation of new active Scratch Orgs count towards the daily scratch org limits set forth in the Documentation.Any representations,warranties and covenants in the Customer's MSA regarding log retention,back-ups,disaster recovery,and return and deletion of data shall not apply to Scratch Orgs. Tableau CRM Growth The Sales Analytics App and Service Analytics App functionalities included as part of the Tableau CRM Growth subscription are provided in English only. Emergency Program Management 5/9 In order to access Emergency Program Management Services,Customer's system administrator must first install the managed package via the following link:http://industries.force.com/publicsector.Emergency Program Management Services are available in English only. Customer Community(Logins/month) Subscriptions to Customer Community(Logins/month)may not be purchased for use by Customer employees or other personnel of Customer.Each Customer Community(Logins/month)subscription entitles the Permitted Users access to all such Communities within the same Org up to the number of log-ins per calendar month ordered(the"Permitted Number of Monthly Logins").The beginning and end of each calendar month will conform with U.S.Pacific Time.Customer shall assign each Permitted User a User profile or permission set that permits access to no more than 10 custom objects in each applicable community.Salesforce.com will provision 20 User subscriptions for each of the Permitted Number of Monthly Logins;subject,however,to the limitations on the aggregate number of User subscriptions per Org set forth in the Documentation("Permitted Users").Customer understands that the above limitations are contractual in nature(i.e., they are not limited as a technical matter in the Service)and therefore agrees to strictly review its Users'use of such subscriptions and enforce the limits set forth herein.SFDC may review Customer's use of the subscriptions at any time through the Service.Unused logins are forfeited at the end of each anniversary of the Order Start Date hereunder or the Order End Date,whichever occurs first,and do not roll over to subsequent months. Free Sandbox with Unlimited/Performance Edition Sandbox subscriptions are for testing and development use only,and not for production use.As part of its system maintenance,SFDC may delete any Sandbox that Customer has not logged into for 150 consecutive days.Thirty or more days before any such deletion, SFDC will notify Customer(email acceptable)that the Sandbox will be deleted if Customer does not log into it during that 30-day(or longer)period.Deletion of a Sandbox shall not terminate Customer's Sandbox subscription;if a Sandbox is deleted during Customer's Sandbox subscription term,Customer may create a new Sandbox. Courtesy Administrators for Admin Assist The Courtesy Administrators for Admin Assist are provided to Customer free of charge for use only by the SFDC administration team in connection with Customer's purchase of the Admin Assist in order to allow SFDC to perform the administration functions described in the Premier+Success Plan("Courtesy Administrator Subscriptions").After Customer's execution of this Order Form,SFDC will provide Customer with instructions on how to set up the Courtesy Administrator Subscriptions.For clarity,the Courtesy Administrator Subscriptions are provided on a one-time basis and Customer may not add on any additional Courtesy Administrator Subscriptions during the Order Term despite anything to the contrary in any agreement between Customer and SFDC. Public Sector Foundation 6/9 Each Public Sector Foundation subscription includes an Emergency Program Management subscription and certain Vlocity features and functionality(as further described in the Documentation).In order to access the Vlocity features and functionality,Customer's system administrator must first install the managed package available at:http://volt.force.com/insurance.Customer must be using a version of the managed package that is no more than two releases behind the then-current generally available version of the managed package(the "GA Version")in order for SFDC to provide support.SFDC will not provide support to Customer(including any patches)for any managed package that is more than two releases behind the GA Version. Use of the Services is subject to the following limitations:(i)Users may not access or use the following objects:Campaigns,Leads, Opportunities,Quotes,Sales Contracts,Service Contracts,Solutions;(ii)Users may not access or use the following User features:Live Agent,Marketing(Manage Campaigns),Omnichannel,Social Starter;(iii)Users may not access or use the following User Permissions: Forecasting,Opportunity Splits,Opportunity Teams,Territory Management;(iv)use of the Services is subject to the additional functionality restrictions applicable to Service Cloud(by edition)set forth at https://www.salesforce.com/content/dam/web/en_us/www/documents/legal/misc/sales-service-contractual-restrictions.pdf;(v)use of the Vlocity features and functionality is subject to the following limitations:(a)Users may not access or use the following Vlocity objects: Quote Item Relationship,Quote Line Item Group Class,Quote Pricing Adjustment,Quoted Plan Rate Breakout,Group Class,Group Class Contribution,Group Census,Group Census Member,Quote Group Class Contribution,Product Jurisdiction Network,Provider Network,Jurisdiction,Policy,Policy Coverage,Insured Item,Held Product Relationship,Insured Item Party,Security Position, Commission Statement,Insurance Policy Commission,Insurance Policy Payment Schedule Entry,Insurance Policy Pricing Adjustment, Insurance Policy Revenue Schedule Entry,Insurance Policy Transaction,Statement,Plan,Group Census Member Plan,Claim Certificate Of Capacity,Claim Invoice,Claim Litigation,Claim Payment,Claim Recovery,Insurance Code,Involved Party,Involved Property, Occurrence,Policy Terms,Reserve Transaction,Policy Terms Tracking Entry,Claim,Claim Coverage,Claim Line Item,Claim Relationship,Claim Report,Claimant Earning,Insurable Item;and(b)Users may not access or use the following Vlocity applications: Vlocity Health Insurance,Vlocity Relationship Marketing,Vlocity Insurance,Vlocity Party Maintenance,Vlocity Party Relationship Types. Customer understands that the above limitations are contractual in nature(i.e.,these limitations are not enforced in the Services as a technical matter)and therefore agrees to strictly review its Users'use of such subscriptions and enforce such limitations.SFDC may review Customer's use of such subscriptions at any time through the Services. Einstein Features SFDC may offer Customer access to Einstein features via the Services.Customer's use of the Einstein features shall be subject to the Order Form Supplement for Einstein features available at https://www.salesforce.com/company/legal/agreements.jsp("Supplement") which is hereby made part of this Order Form.Upon Customer's first use of an Einstein feature in an instance of the Services,Customer will be presented with an In-App Message directing Customer to confirm acceptance of Einstein feature terms and conditions.Instructions for enabling/disabling each Einstein feature in any instance are outlined in the Documentation here: https://help.salesforce.com/apex/HTViewSolution?uriname=Einstein-Enable-Disable&language=en_US The functionality of the Einstein features shall not be considered a material component of the Services being provisioned hereunder.The Einstein features are not available to some customers,including Government Cloud as stated in the Documentation. 7/9 Purchase Order Information Is a Purchase Order(PO)required for the purchase or payment of the products on this Order Form?(Customer to complete) [ ]No [ ] Yes-Please complete below PO Number: PO Amount: Upon signature by Customer and submission to salesforce.com,this Order Form shall become legally binding unless this Order Form is rejected by salesforce.com for any of the following reasons:(1)the signatory below does not have the authority to bind Customer to this Order Form,(2)changes have been made to this Order Form(other than completion of the purchase order information and the signature block),or(3)the requested purchase order information or signature is incomplete or does not match our records or the rest of this Order Form.Subscriptions are non-cancelable before their Order End Date. This Order Form is governed by the terms of the salesforce.com Master Subscription Agreement found at https://www.salesforce.com/company/msa.jsp,unless(i)Customer has a written master subscription agreement executed by salesforce.com for such Services as referenced in the Documentation,in which case such written salesforce.com master subscription agreement will govern or(ii)otherwise set forth herein. Customer:City L) Signature Name Richard G.Kozel Business Title City Manager Date December 1,2021 ATT S . rk Confidential and proprietary.©Copyright 2000-2017 salesforce.com,inc.All rights reserved. 8/9