Loading...
HomeMy WebLinkAboutContract 39722-R3Your Name City of Fort Worth Your Location Information Technology Solutions IT solutions dept 1000 Throckmorton ST Fort Worth TX 76102 Renew/Extend Term: 1-Oct-2013 to 30-Sep-2014 Your Contact Phone Number Email Address r Oracle America, Inc. 500 Oracle Parkway Redwood Shores, CA 94065 Dana Duckworth 817392,8534 Dana. Duckworth@fortworthtexas.gov Cloud Services Service Period: 12 months Data Center Region: North America Quantity Term Unit Net Price Net Fee B72592 - Skire Legacy Perpetual Hybrid 400 12 mo 15,69 75?313.12 Support Subtotal 75,313,12 Fee Description Net Fee Cloud Services Fees 75,313.12 Total Fees 75,313,12 A. Ordered Services 1. Agreement a. This order is Governed by and incorporates by reference the terms of the Skire, Inc Software Maintenance Agreement Contract # 39722 and all amendments and addenda thereto (the "Agreement"). The defined terms in the agreement shall have the same meaning in this order unless otherwise specified herein. 2. Offer Validity: This order must be executed by You and Oracle on or before 30-NOV-2013, to be valid. The signature below affirms Your commitment to pay for the services ordered in accordance with the terms of this Ordering Document and the Agreement. B. General Terms 1. Summary of Fees All fees on this ordering document are in US Dollars. 2. Payment Terms a. The Cloud Services Payment Frequency applies to all Cloud Services fees and taxes, and the Consulting/Professional Services Payment Frequency applies to all fees and taxes for Consulting/Professional Services. All fees payable to Oracle are due within 30 days from the invoice date. Once placed, Your order is non -cancelable and the sums paid nonrefundable, except as otherwise provided herein or in the Agreement. The fees for services listed in this Ordering Document are exclusive of expenses and all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment asosssl - 1 Michael Hutchinson e-Signed 2013-11-26 09:14AM PST michael.s.hutchinson@oracle.com Cloud Deal Managment Issued by Oracle America, Inc. 25-NOV-2013 Page 1 of 3 AFFICIA�. REC®RD CITY SECRETARY FTC WWORTMI, TX Document Integrity Verified EchoSign Transaction of expenses and all such taxes, levies, and duties invoiced by Oracle, except for taxes based solely on Oracle's net income. Please note that if the pre-tax value of this Ordering Document is USD 2,000 or less, the products and Cloud Services listed on this Ordering Document must be purchased by credit card. Purchase orders and checks are no longer accepted for transactions of this size. Consulting/Professional Services may not be purchased by credit card irrespective of the transaction size. You agree not to disclose the terms of this Ordering Document to any third party except as provided for in Section 6.13. of the Agreement referenced above. Cloud Services Payment Frequency: Your payment frequency is quarterly in advance. 3. Terms of Use: All products and services listed on this Ordering Document are provided by Oracle under, and subject to, the terms of this Ordering Document, including the Agreement and all Oracle documents referenced in this Ordering Document. You indicate Your agreement to the terms of this Ordering Document, including the Agreement, by signing this Ordering Document, and You represent that You have the authority to bind the company to whom this Ordering Document is addressed above to the terms of this Ordering Document and the Agreement. Oracle normally processes a customer's order after receipt of a purchase order or a valid credit card. Any terms and conditions on Your purchase order are void and have no legal effect. For Cloud Services, You may not reduce the quantity of services purchased hereunder (e.g., user or record counts, storage, etc.), in whole or in part, during the Services Period set forth above. In the event of any conflict between the terms of this Ordering Document and the terms of the Agreement, the terms of this Ordering Document shall govern. The Services Period for the Cloud Services commences on the date stated in the Ordering Document, or, if none is provided in the Ordering Document, the day the User login names and password are issued to You to access the Cloud Services under the Ordering Document (the "Cloud Services Start Date"). You must maintain a current subscription to applicable Oracle Cloud Services for the duration of any Consulting/Professional services ordered under this Ordering Document, C. Service Specifications 1. Service Specifications: The Service Specifications that govern the Services ordered consist of the documents listed below, which are incorporated into this Ordering Document. The Service Specifications are subject to change at Oracle's discretion; however, Oracle changes to the Service Specifications will not result in a material reduction in the level of performance or availability of the applicable Services provided to You for the duration of the Services Period. The terms of the Service Specifications will govern over any conflicting term in this Ordering Document or the Agreement. For the purposes of this Ordering Document, references to the term "Customer" in any document within the Service Specifications shall mean "You" as defined in this Ordering Document. • Cloud Hosting and Delivery Services Policies Cloud Hosting and Delivery Services Policies describe and govern Cloud Services. You may access the version of these policies that apply to the Cloud Services that You have ordered at www.oracle,com/contracts. • Program Documentation Program Documentation refers to the program user manuals for the Oracle Programs for Cloud Services, as well as any help windows and read me files for such Oracle Programs that are accessible from within the service. The Program Documentation describes technical and functional aspects of the Oracle Programs. You may access the documentation online at www,oracle.com/contracts. D. Other 1. Order of Preference a. In the event of inconsistencies between the terms contained in this order and the Agreement referenced above in Section A.1, this Ordering Document shall take precedence. This Ordering Document will control over the terms contained in any purchase order. 2. Terms aI The following terms, as used in this Ordering Document or the Agreement and whether or not capitalized, shall have the same meaning as the applicable defined term: Ordering Document" and "Agreement" "Order Form"; and "Master Agreement"; "Customer", "Client" and "You"; "Services Term" and "Services Period"; "Your Data and "Your "Program Documentation" and "Documentation"; " Content". 4909891 - 1 Michael Hutchinson e-Signed 2013-11-26 09:14AM PST michael.s.hutchinson@oracle.com Cloud Deal Managment Issued by Oracle America, Inc. 25-NOV-2013 Page 2 of 3 Document Integrity Verified EchoSign Transaction Number: X323X3T5Y276V7Z City of Fort Worth Authorized Signature Name Title Signature Date Effective Date 4909691 - 1 jVSsa- i rA �► fYl� v Michael Hutchinson e-Signed 2013-11-26 09:14AM PST michael.s.hutchinson@oracle.com Cloud Deal Managment ( to be completed by Oracle ) J Oracle America, Inc. Authorized Michael Hutchinson (Nov 26, 2013) Signature Na me Michael Hutchinson Ti Si Cloud Deal Managment nature Date Nov 26, 2013 25-NOV-2013 Page 3 of 3 Document Integrity Verified EchoSign Transaction Number: X323X3T5Y276V7Z