HomeMy WebLinkAboutContract 31026-R3Your Name
Your Location
City of Fort Worth
1000 Throckmorton Street
FORT WORTH
TX 76102
Renew/Extend Term: 1-Oct-2013 to 30-Sep-2014
Your Contact
Phone Number
Email Address
CONTRACT �9�0 �%
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
B72397 - Skire Legacy Perpetual Hybrid
Hosting - Each
400 12 mo 24.14 115,859,83
Subtotal 115, 859, 83
Fee Description
Net Fee
Cloud Services Fees
115,859.83
Total Fees
115,859.83
A. Ordered Services
1. Agreement
a. This order is Governed by and incorporates by reference the terms of the Skire Hosting Agreement (Contract No. 31026-R1)
(US-SKIRE-PS2033898-US-23-OCT-2009) 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
The offer is valid
through 30-NOV-2013
and shall become binding upon
execution by You. 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
3. Summary of Fees
All fees on this ordering document are in US Dollars.
1. 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
4857843 - 1 Issued by Oracle America, Inc. 25-NOV-2013
_ Page 1 of 3
Heidi Miller a CC��E;[l
e-Si ned 2013-11-26 09:22AM PST illl SJ(�
heidi.miller@oracle.com�
Director, Cloud Deal Management RECEIVED
Document Integrity Verified EchoSign Transaction Number: X323X3F35K45436
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
7.13. of the Agreement referenced above.
Cloud Services Payment Frequency: Your payment frequency is quarterly in arrears
2. 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,
3. Renewal of Cloud Services:
At the end of the Services Period, if all Cloud Services ordered under this Ordering Document are identified as Auto Renewal eligible in the applicable
Service Specifications, the Cloud Services will Auto Renew for additional Services Periods subject to Your payment of fees and to the terms of this
Ordering Document and the Agreement. Otherwise, all Cloud Services ordered under this Ordering Document will not Auto Renew (regardless of whether
some Cloud Services are identified as Auto Renewal eligible) and may be renewed for one additional Services Period of equal duration to the Services
Period under this Ordering Document, subject to Your placement of a renewal order and payment of fees for such Cloud Services, For Cloud Services that
are identified as Auto Renewal eligible (and regardless of whether they actually renew through Auto Renewal), the Unit Net Price for the renewal will be
the Unit Net Price for such Cloud Service set forth in this Ordering Document. For Cloud Services that are not identified as Auto Renewal eligible, the Unit
Net Price for the renewal will not increase by more than 4% of the Unit Net Price for such Cloud Service set forth in this Ordering Document. The Cloud
Services may not be renewed as described in this paragraph if: (i) Oracle is no longer making such Cloud Services generally available to commercial
customers, or (ii) You are seeking to cancel or reduce the ordered quantity of the Cloud Services set forth in 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
a. 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".
4857843 - 1
Heidi Miller
e-Signed 2013-11-26 09:22AM PST
heidi.miller@oracle.com
Director, Cloud Deal Management
�&
Issued by Oracle America, Inc. 25-NOV-2013
Page 2 of 3
Document Integrity Verified
EchoSign Transaction Number: X323X3F35K4543B
City of Fort Worth
Authorized
Signature
Name
Title
Signature Date
Effective Date
1
4857843-1
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( to be completed by Oracle )
Heidi Miller
e-Signed 2013-11-26 09:22AM PST
heidiI e1 %!:Yewl "cI I
Director, Cloud Deal Management
Oracle America, Inc.
Authorized ;�,d;�,,,r.r;Nov _/e.r:a�
Signature
Name Heidi Miller
Title Director, Cloud Deal Management
Signature Date
Nov 26, 2013
Issued by Oracle America, Inc. 25-NOV-2013
Page 3 of 3
fo WORTH, TX
�i' Document Integrity Verified
EchoSign Transaction Number: X323X3F35K4543B