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Home My WebLink AboutContract 39722-R2• 25-Feb-13 Dana Duckworth City of Fort Worth 1000 Throckmorton Street FORT WORTH TX 76102 United States Dear Dana, crnr SECRUARY c MUM The technical support services and benefits provided under service contract Skire Inc. Software Maintenance Agreement (Contract No. 39722). will expire, or have expired, on 30-Sep-12. Please find attached an ordering document for the renewal of this service contract. If applicable, the attached ordering document may also include incremental technical support services newly acquired. To ensure that there is no interruption to the technical support services and benefits provided under service contract Skire Inc. Software Maintenance Agreement (Contract No. 39722), please order the technical support services on this ordering document by issuing a form of payment acceptable to Oracle in accordance with the attached Order Processing Details section on or before2&FebA 3. If further information is required, please contact me at the a -mail address or telephone number provided below. Regards, Jason Haydel Oracle Support Services E-mail: jason.haydel@oracle.com Tel.: Fax: Page 1 of 6 RL_Specified_Agreernent_v030109 RECEIVED MAY 15 ZOi3 RECEIVED MAY 2 0 Zt713 • Service Contract #: Offer Expires: Payment Terms: Billing Terms: Ordering Document SKI-1083-001-2 4-Mar-13 30 NET from date of invoice Quarterly in Arrears CUSTOMER: City of Fort Worth QUOTE TO Account Contact:Dana Duckworth Account Name. City of Fort Worth Address: 1000 Throckmorton Street Telephone: Fax. E-mail: FORT WORTH X 76102 T United States 682 432 4155 dana.d v.org Renewal Contact: Telephone: Fax: E-mail: BILL TO Syed BCIO heel uddin syed.basheeruddin@oracle.com Account Contact Account Name: Address: Telephone: Fax: City of Fort Worth 1000 Throckmorton Street FORT WORTH TX 76102 United States Oracle may provide certain information and notices about technical support via a -mail. Accordingly, please verify and update the Quote To and Bill To information above to ensure that such communications and notices are received from Oracle. If changes are required, please e-mail or fax the updated information to Jason Haydel atjason.haydel@oracle.com or . Please also include service contract number Skire Inc. Software Maintenance Agreement (Contract No. 39722)on such reply. Page 2 of 6 Rt__S pecified_Ag reement_v030109 Service Details Service Level: Skire Maintenance End Date. 30-Sep-13 Product Description CSI # Qty License License Start Date Final Price Metric Level / Type Skire Capital Project &Program 18751513 400 1-Oct-12 75,313.12 Management - Named User Perpetual Subtotal: USD 75,313.12 Service Level: Skire Maintenance End Date: 30-Sep-13 Product Description Cal # Qty License License Start Date Final Price Metric Level / Type Skire Capital Project &Program 18751513 400 1-Oct-12 75,313.12 Management -Named User Perpetual Subtotal: USD 75,313.12 Total Amount: USD 75,313.12 plus applicable tax Notes: 1. If any of the fields listed above are blank, the program licenses were acquired under a separate license model in which such field(s) does not apply. 2. If a change to the Service Details provided above is required, please contact Jason Haydel at or at jason.haydel@oracle.com and an updated ordering document will be provided to you in accordance with Oracle's technical support policies. 3• Customer's signature on this Support Ordering Document constitutes a binding agreement valid through Septemeber 30, 2013 and is governed by the terms and conditions of the existing Skire Maintenance Agreement (Contract No. 39722) which is incorporated herein by reference. In the event of any conflict between Contract No 39722 and this Support Ordering Document, the terms of Contract No 39722 shall control. 4. Oracle has acquired substantially all of the assets of Skire Inc. (Skire) and as part of the integration process Oracle is consolidating and reorganizing the Skire subsidiaries worldwide. You acknowledge that references in the Skire, Inc. Software Maintenance Agreement to "Skire" shall mean "Oracle". AGREED AND ACCEPTED: Authorized Signature: Printed Name: Title: Date: Page 3 of 6 R1 Rn=rifiPA Anronmont unAn1nq City of Forth Worth Oracle America 1000 Throckmorton Street 500 Oracle PM Fort Worth, T�(76102 Redwood City, Authorized Sig Printed Name: L.lk U 15 Date: L�� "You" and "your" refers to the Customer provided above. In the event that the Customer and the Quote To Account Name provided above are not the same, City of Fort Worth acknowledges that Customer has authorized City of Fort Worth to execute this ordering document on Customer's behalf and to bind Customer to the terms described herein. City of Fort Worth agrees that the ordered services shall be used solely by the Customer and shall advise Customer of the terms of this ordering document as well as information and notices about technical support that Oracle provides to City of Fort Worth during the term of service. The technical support services acquired under this ordering document are governed by the terms and conditions of the Skire Inc. Software Maintenance Agreement (Contract No. 39722). However, any use of the programs, which includes by definition the updates and other materials provided or made available by Oracle under technical support, is subject to the rights granted for the programs set forth in the order in which the programs were acquired. Technical support is provided under Oracle's technical support policies in effect at the time the services are provided. The technical support policies are subject to change at Oracle's discretion; however, Oracle will not materially reduce the level of services provided for supported programs during the period for which fees for technical support have been paid. You should review the technical support policies prior to entering into this ordering document. The current version of the technical support policies, including Oracle's reinstatement policy, may be accessed at Customers who allow technical support to lapse and later wish to reactivate it will be subject to Oracle's reinstatement policy in effect at the time of reinstatement. Applicable reinstatement fees may apply in addition to the annual technical support fees. Oracle has acquired Skire Inc. (Skire) and as part of the integration process Oracle is consolidating and reorganizing the Skire subsidiaries worldwide. You can acknowledge that in all cases where the reference is Skire, Oracle will fulfill these obligations as successor in interest of Skire. Page 4 of 6 RL_Specified_Agreement v030109 Your order is subject to Oracle's acceptance. An order consists of the following: (i) this ordering document, which incorporates by reference the Skire Inc. Software Maintenance Agreement (Contract No. 39722), and (ii) a form of payment acceptable to Oracle. Oracle normally accepts orders after receipt of a purchase order, check or credit card issued in accordance with the Purchase Order, Check, Credit Card Confirmation section below. If Oracle accepts your order, the service start date is the effective date of such order and also serves as the commencement date of the technical support services. Please note that if the pre-tax value of this ordering document is USD2,000 or less, the technical support services on this ordering document must be paid either by credit card or electronic upload of a PO to the Online site. Once ordered, technical support for the support period defined above is non -cancelable and the related fees are non-refundable. An invoice will only be issued upon receipt of a form of payment acceptable to Oracle. Regardless of the form of payment, Oracle's invoice includes applicable sales tax, GST, or VAT (collectively referred to as "tax" ). If City of Fort Worth is a tax exempt organization, a copy of City of Fort Worth's tax exemption certificate must be submitted with City of Fort Worth 's purchase order, check, credit card or other acceptable form of payment. PURCHASE ORDER CHECK CREDIT CARD CONFIRMATION Purchase Ordee If the technical support services on this ordering document will be ordered and paid under a purchase order, the purchase order must include the following information: - Service Contract #: Skire Inc. Software Maintenance Agreement (Contract No. 397221 aka SKI-1083-001-2 Term of Service: 1-Oct-12 to 30-SepA3 Final Total: USD 75,313.12 (excluding applicable tax) Local Tax, if applicable Agreement: Skire Inc. Software Maintenance Agreement (Contract No. 39722) In issuing a purchase order, City of Fort Worth agrees that the terms of this ordering document and the terms of Skire Inc. Software Maintenance Agreement (Contract No. 39722) supersede the terms in the purchase order or any other non -Oracle document, and no terms included in any such purchase order or other non -Oracle document shall apply to the technical support services ordered. Please e-mail or fax the purchase order to Oracle per the Remittance Details provided below. Check If the technical support services on this ordering document will be ordered and paid by check, the check must include the following information: - Service Contract #: Skire Inc. Software Maintenance Agreement (Contract No. 39722) aka SKI-1083-001-2 Term of Service: 1-Oct-12 to 30-Sep-13 Final Total: USD 75,313.12 (excluding applicable tax) Local Tax, if applicable Agreement: Skire Inc. Software Maintenance Agreement (Contract No. 39722) In issuing a check, City of Fort Worth agrees that only the terms of this ordering document and the terms of Skire Inc. Software Maintenance Agreement (Contract No. 39722) 5 shall apply to the technical support services ordered. No terms attached or submitted with the check shall apply. Please mail check payments per the Remittance Details provided below. Page 5 of 6 RL_Specified Agreement v030109 Credit Card Confirmation If the technical support services on this ordering document will be ordered and paid under a credit card, please complete the section below and return it to Oracle per the Remittance Details provided below. Please note that Oracle is unable to process credit card transactions of USD100,000 or greater. Service Contract #: Skire Inc. Software Maintenance Agreement (Contract No. 39722) aka SKI-1083-001-2 Term of Service: 1-Oct-12 to 30-Sep-13 Final Total: USD 75,313.12 (excluding applicable tax) Agreement: Skire Inc. Software Maintenance Agreement (Contract No. 39722) Expiration Date Billing Address (associated with Credit Card) City, State, and Zip (associated with Credit Card) Authorized Signature Name The credit card must be valid for the entire Term of Service above. In issuing this credit card confirmation, City of Fort Worth agrees that only the terms of this ordering document and the terms of Skire Inc. Software Maintenance Agreement (Contract No. 39722)shall apply to the technical support services ordered. No terms attached or submitted with the credit card confirmation shall apply. REMITTANCE DETAILS Purchase orders or credit card details for the technical support services ordered hereto should be sent to: Attn: Jason Haydel Oracle Support Services Fax: E-mail: jason.haydel@oracle.com Checks for the technical support services ordered hereto should be sent to: AK, AZ, CA, HI, ID, NV, OR, UT, WA: Oracle America, Inc. PO Box 44471 San Francisco, CA 941444471 All other States: Oracle America, Inc. PO Box 203448 Dallas, TX 75320-3448 Rt__Specified Agreement_v030109 al?A�LE' Customer: City of Fort Worth Primary Contact: Jae Komisarz Assistant Director, Capital Projects City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Joe. Komisarz(o�forlworthlexas. a ov Billing Contact: Joe Komisarz Assistant Director, Capital Projects City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Joe. Komisarz@fortworthtexas.gov *Invoice Format: Email* System Administrator: Joe Komisarz Assistant Director, Capital Projects City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Joe. Komisarz@fortworthtexas.gov Order Form # Order Form Date: Order Effective Date: Order Term End Date: Oracle Contact: Phone: JMCFW0712002 2/21/2013 10/01 /2012 9/30/2013 Matt Petrauskas (972) 652-8419 L��d1?I�i ICJ /�Viil(�1u��i�� 1) Annual Hosting Fee Total Quarterly Fees Due: * 1st Quarter Payment (October 1, 2012 -December 31, 2012) _ $ 26,964.96 ` 2nd Quarter Payment (January 1, 2013 -March 31, 2013) _ $ 26,964.96 ` 3rd Quarter Payment (April 1, 2013 -June 30, 2013) _ $ 28,964.96 ` 4th Quarter Payment (July 1, 2013 -September 30, 2013) _ $ 28,964.95 $115,859.63 SUBTOTAL: $115,859.83 EST. TAX: N/A TOTAL: $115,859.83 `All fees are in United States Dollars (USD). (n�f_7it 1) Cuslomefs signature on this Order Form consOtutes a binding agreement valid through September 30, 2013 and is governed by the terms and conditions of the exisfing Skire Hosting Agreement (Contract No. 31026-R1) which is incorporated herein by reference. This Order Form and the aforementioned agreement contain the entire agreement between the parties with respect to the subject mailer hereof and supersede any and all other agreements and communications, written or oral, expressed or implied. 2) The Annual Maintenance Fee was calculated according to the CPI increase of 2.95%, obtained from US Dept of Labor, Bureau of Labor Statistics, for Dallas -Fort Worth, TX, in comparing January 2011 with January 2012 at 203.199 and 209.203 respectively. 3) Oracle will invoice 30 days prior to the respective quarterly period. 4) Pricing terms provided to Customer are highly confidential and for Customer internal use only. 5) Oracle has acquired Skire Inc. (Skire) and as part of the integration process Oracle is consolidating and reorganizing the Skire subsidiaries woddwide. You acknowledge that in all cases where the reference is Skire, Oracle will fulfill these obligations as successor in interest to Skire. AGREED AND ACCEPTED: Authorized Signature: Printed Name: Title: Date: }�• "� . �li.C-.tom City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Oracle America, Inc. 500 Oracle Pkwy Redwood City, CA 94065 Authorized Signature: Printed Name: �� -- �1a �-,.. �� 5�.it S�y�■R Title: UL�g�,tJ — C�.e,� Qc�Q �.�� 0� v � (.� I �4� �i��` �I / o �t��r1S� Date: s I "r 11� �O p Ilr � o��t�crm o a°Y F �__Z ii��V 08 Tc�� `>n.ut�*�