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Home My WebLink AboutC2009-200 - 5/26/2009 - Approvedli [~]C7~~~~~ ORDERING DOCUMENT Your Name City Of Corpus Christi Your Location City Hall 1201 Leopard Street -Finance Dept. CORPUS CHRISTI TX 78401-2825 Your Contact Michael Armstrong Phone Number 3618263740 Email Address michaelar~cctexas.com ORACLE CONTRACT INFORMATION Agreement: Peoplsoft Software License and Services Agreement Agreement Name: SLSA-PSFT-PS3832-US-24-MARAB This orderng document incorporates by reference the terms of the agreement specified above. The following defined and capitalized terms in the referenced agreement between you and Oracle USA, Inc. (formerly known as PeopleSott USA, Inc.) hereinafter "Oracle" shall have the same meaning as the stated terms in this ordering document: "Agreement" and "agreement"; "Licensee" and "you"/"your "; "Software" and "program"; "Support Services" and "technical support"; "Documentation" and "program documentation"; "Third Party Software"and "third party programs"; "Schedule" and "ordering document"; and "Supportable Modules" and "supportable programs". You have ordered the program licenses and 12 months of technical support services described below: Listed below is a summary of net fees due under the ordering document. These fees are in US Dollars and are exclusive of any applicable shipping charges or applicable taxes. 2009-200 M2009-137 05/26/09 Issued by ORACLE USA, INC. 14-MAY-2009 Page 1 of 5 Oracle USA Product Description /License Type Quantity Llat Fee Discount % Nat Fee PeopleSoft Enterprse General Ledger -Reported Budget Perpetual 100000000 License 25,288.49 25,288.49 Software Update License & Support 5,563.47 5,583.47 PeopleSoft Enterprise Payebles -Reported Budget Perpetual 100000000 License 17,733.78 17,733.76 Software Update License & Support 3,901.43 3,901.43 PeopleSoft Enterprise Asset Management -Reported Budget Perpetual 100000000 Llnsnse 15,189.00 15,189.00 Software Update License 8 Support 3,341.58 3,341.58 PeopleSoft Enterprise Budgets -Reported Budget Perpetual 100000000 License 17,733.78 17,733.76 Software Update License 8 Support 3,901.43 3,901.43 PeopleSoft Enterprise Project Costing -Reported Budget Perpetual 100000000 License 25,288.49 25,288.49 Software Update License & Support 5,563.47 5,563.47 PeopleSoft Enterprise Pumhasing -Reported Budget Perpetual 100000000 License 27,833.25 27,833.25 Software Update License 8 Support 6,123.31 6,123.31 PeopleSoft Enterprise Inventory -Reported Budget Perpetual 100000000 License 27,833.25 27,833.25 Software Updete License 8 Support 6,123.31 8,123.31 191, 418.00 191, 418.00 Llat Fee Discount % Net Fee Orecle Programs License Fees 156,900.00 156,900.00 Oracle Progrems Support Fees 34,518.00 0.00 34,518.00 Net Fee 191,416.00 Total Fees 191,418.00 2857497 - 1.Mike.Petrerce IssueA by ORACLE USA, INC. 14-MAY-2009 Page 2 or 5 B. General Terms Commencement Date All program licenses and the period of performance for all services are effective upon shipment of tangible media or upon the effective date of this ordering document if shipment of tangible media is not required. 2. Fees, Invoicing, and Payment Obligation a. All fees due under this ordering document shall be non-cancelable and the sums paid nonrefundable, except as provided in the agreement. b. In entedng into payment obligations under this ordering document, you agree and acknowledge that you have not relied on the future availability of any program or updates. However, (a) if you order technical support for programs licensed under this ordering document, the preceding sentence does not relieve Oracle of its obligation to provide such technical support under this ordering document, if and when available, in accordance with Oracle's then current technical support policies, and (b) the preceding sentence does not change the rights granted to you for any program licensed under this ordering document, per the terms of this ordering document and the agreement. c. In accordance with the agreement: (i) license fees are invoiced as of the commencement date; and (ii) service fees are invoiced after the performance of the service; specifically, technical support fees are Invoiced quarterly in arrears from the commencement date. d. In addition to the fees listed in section A, Oracle will invoice you for any applicable shipping charges or applicable taxes. 3. Delivery and Installation a. You shall be responsible for installation of the software. b. Oracle has no delivery obligation under this ordering document. You acknowledge that Oracle has delivered to your location, 1 copy of the software media and 1 set of program documentation (in the form generally available) for each program listed in section A. 4. Source Code Oracle may deliver source code as part of its standard delivery for particular programs; all source code delivered by Oracle is subject to the terms of the agreement, ordering document and program documentation. 5. Order of Precedence In the event of any inconsistencies between the agreement and this ordering document, this ordering document shall take precedence. 8. Segmentation The program licenses provided in this ordering document are offered separately from any other proposal for consulting services you may receive or have received from Oracle and do not require you to purchase Oracle consulting services. 7. TeMtory The program licenses and services described in section A are for use in the U.S. 8. License Deflnitlon Reported Budget is defined as the the most recent Annual Adopted Budget. 2857497 - 7.Mike.Petrerce Issued by ORACLE USA, INC. 14-MAY-2009 Page 3 of 5 C. Future Purchases 1. Additional Copies of Programs Provided that you have continuously maintained technical support for the programs listed in section A, you may order media packs at the standard media fee in effect at the time your order is placed provided the programs listed in section A for use on the computer/opereting system combination requested by you are available in a production release. D. Technical Support 1. Technical Support Policies For purposes of the ordering document, technical support consists of annual technical support services you may have ordered for the programs. If ordered, annual technical support (including first year and all subsequent years) is provided under Oracle's technical support policies in effect at the time the services are provided. The technical support policies, incorporated in this agreement, 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 policies prior to entering into the ordering document for the applicable services. You may access the current version of the technical support policies at http://oracle.com/contracts. 2. Effective Date Technical support is effective upon the effective date of the ordering document unless otherwise stated in your order. If your order was placed through the Oracle Store, the effective date is the date your order was accepted by Oracle. 3. Renewal Software Update License 8 Support (or any successor technical support offering to Software Update License 8 Support, "SUES ")acquired with your order may be renewed annually and, if you renew SUES for the same number of licenses for the same programs, for the first and second renewal years the fee for SUES, will not increase by more than 5% over the prior years fees. If your order is fulfilled by a member of Oracle's partner program, the fee for SUES for the first renewal year will be the price quoted to you by your partner; the fee for SUES for the second renewal year will not increase by more than 5% over the prior years fees. 4. Support Level If you decide to purchase technical support for any license within a license set, you are required to purchase technical support at the same level for all licenses within that license set. You may desupport a subset of licenses in a license set only if you agree to terminate that subset of licenses. The technical support fees for the remaining licenses will be priced in accordance with the technical support policies in effect at the time of termination. Oracle's license set definition is available in the current technical support policies. If you decide not to purchase technical support, you may not update any unsupported program licenses with new versions of the program. E. Modlflcatlons to the Terms of the Agreement Modiflcatlon The second sentence of Section 7 Limited Warranty shall be deleted in its entirety and replaced with the following: "Peoplesoft warrants that the Software will perform substantially in accordance with the Documentation for a period of one (1) year from the effective date and that the Software media is free from material defects. " F. Other 2957497. 1.MIke.Petrerca Issued by ORACLE USA, INC. 14-MAY-2009 Page 4 of 5 1. Pricing Pursuant to Expansion The program licenses in section A with the license type(s) Reported Budget are ordered and subject to the applicable fees and terms of the ordering document between you and Oracle dated 24-MAR-1998. As of the effective date of this ordering document, your actual Reported Budget is greater than or equal to $565,000,000. The Summary lists the program licenses acquired prior to the effective date, progrem licenses acquired under this ordering document and the total number of program licenses acquired to date. Summary Program License Type Acqulred Licenses Number of Program Total Number of Prior to Effective Date Licenses Acqulred Program Licenses under Section A Acqulred as of the Effective Date (Under This Ordering Document) Those programs Reported Budget $565,000,000 $100,000,000 $665,000,000 specified In Section A of this ordering document, of the License Type(s) specified In the License Type column ey signing below, the parties agree that the agreement and this ordering document constitute the entire agreement between the parties with regard to the subject matter herein and as such, no other preprinted, non-negotiated or other terms and conditions, on the customer's purchase order or elsewhere, shall apply. The offer is valid through 29-MAY-2009 and shalt become binding upon execution by you and acceptance by Oracle. City Of Corpus Chrlatl Signature Name Tltle Signature Date Effective Date Approved as to form: ~q' / `~ .ten; Lisa Agui Assistant Attorney ORACLE USA, INC. Signature Name Title Signature Date For City Attorney ATfi=fit. - `_ ="s~ ARMANDO CHAPA CITY SECRETAR" 2857487 -1.Mika.Petrerca ~ E'~ M~ O ~,~~ AUTHURI"LED et couHa~ ...~.a~ _,~...... ~, .e, SECRETAIR-'~}~ Issuetl by ORACLE USA, INC. 14-MAY-2009 Paga 5 0l 5 ( to be completed by Oracle )