Loading...
HomeMy WebLinkAboutCORRESPONDENCE - CONTRACT - 4403960PeopleSoft" PeopleSoft Training Unit Purchase Agreement This PeopleSoft Training Unit Purchase Agreement ("Agreement") is made as of June 21, 2004 ("Effective Date") by and between PeopleSoft USA, Inc. ("PeopleSoft") and City of Fort Collins ("Customer"), having a place of business at 215 N Mason St,Fort Coll ins,C0,80524-4402, USA Definitions. "Designated Region" means the Region selected by Customer for each Training Unit purchased under this Agreement as identified in the "Designated Region" column in the table in Section 2 below. A Training Unit will have only one associated Designated Region. "Region" means one of the smaller geographic regions that make up each Theater as set forth in the table in Section 2 below. For example, within the North American Theatre, the United States is one Region and Canada is the other Region. "Theatre" means one of the four (4) geographic areas designated in the table in Section 2 below, each of which contains a group of Regions. "Training" means PeopleSoft education products and services offered: i) in a PeopleSoft classroom; ii) in Customer's classroom; iii) over the Internet; or (iv) on a compact disc, and certain other education -related services. "Training Unit" means a unit of that may be purchased by Customer and redeemed by Customer for Training in the Designated Region in accordance with the terms and conditions of this Agreement. "Use Period" means that period commencing on the Effective Date and terminating: (i) on that date which is one (1) year from the Effective Date if Customer purchases less than 300 Training Units pursuant to this Agreement; or (ii) on that date which is two (2) years from the Effective Date if Customer purchases 300 or more Training Units pursuant to this Agreement. 2. Training Unit Table. Peo IeSoft Training Units Theatre Regions Designated Region Number of Training Units Fee North America United States and Canada United States 12.00 units Included TOTAL TRAINING UNIT FEES $6,300.00 3. Purchase, Use and Limitations of PeopleSoft Training Units. 3.1 Upon receipt of the fees set forth in this Agreement, PeopleSoft will credit Customer's account with the number and type of Training Units set forth in the table in Section 2 above. No Training Unit may be redeemed until PeopleSoft receives the payment for such Training Unit in accordance with the "Payment Terms" section below. 3.2 Customer must select a Designated Region for each Training Unit at the time of purchase. Customer may only redeem a Training Unit purchased herein for Training provided in the Designated Region. Within the Use Period, Customer may change the Designated Region for a Training Unit to a different Region within the same Theatre (e.g., Customer may change the Designated Region from a Region in the EMEA Theatre to any other Region in the EMEA Theatre), provided that for each request: (i) Customer must transfer a minimum of ten (10) Training Units to the new Region; and (ii) Customer must make such request in writing (which may be via e-mail) to Ana Burt. Customer may not change the Designated Region for a Training Unit to a Region in another Theatre. In no event shall Customer be entitled to a refund as a result of changing the Designated Region for applicable Training Units. 3.3 The number of Training Units that must be redeemed for each registrant to attend a particular class offered as part of Training will be as reflected on the PeopleSoft Training site of PeopleSoft.com at the time the registrant registers for the class. Customer may use Training Units for training at Customer's site only as the parties mutually agree in writing. 4. Payment Terms, PeopleSoft will invoice Customer for the Training Unit Fees upon execution of this Agreement by both parties. Customer will pay PeopleSoft the Total Training Unit Fees as set forth in the table above upon receipt of the applicable invoice. Customer will fully reimburse PeopleSoft for: (i) all associated VAT, Sales, and other taxes, including, but not limited to, any taxes triggered by the initial purchase, and any taxes triggered by the transfer of Training Units from one Region to another; and (ii) all travel and living expenses incurred by the PeopleSoft personnel who provide the Training. Training Units may not be used to pay for such taxes or travel and living expenses. Invoices are payable in U.S. Dollars, and all payments are noncancelable, nonrefundable, and noncontingent unless otherwise provided herein. Customer will send all payments to the attention of PeopleSoft's Accounts Receivable Department. 5. Training Unit Expiration. Customer must use the Training Units purchased pursuant to this Agreement in accordance with the terms of this Agreement, and any such Training Units that Customer does not use will expire at the end of the Use Period. Training Units are: (i) non -returnable; (ii) except as explicitly set forth in this Agreement, non -transferable; and (iii) except as explicitly set forth on PeopleSoft's training site on PeopleSoft.com, not to be used as a credit toward any other type of Training Unit, license or service. 6/22/2004, 1:02 PM Page 1 of 2 City of Fort Collins 12 TU O6_22_04.doc,Mrev7/03 6. Customer Information BILLING INFORMATION TRAINING MINI T ATOR Contact: Michelle McDonou h Contact: Same Address: 215 North Mason Street Address: Fort Collins, CO 80524-4402 Phone: 970-221-6369 Phone: Fax: Fax: Email: mmcdonou h fc ov.com email: Training Project Number: New Project ID# needed -- PeopleSoft training Purchase Order Number: 7. Expiration of Offer. The offer set forth in this Agreement is valid only through ; ,". ° .tl° , and if the Agreement is not executed by such date, the offer is rescinded, all terms are null and void, and neither party will have any obligation in relation thereto. 8. General. This Agreement is made in and will be governed by the laws of California, without regard to its choice of law principles. The section headings herein are provided for convenience only and have no substantive effect on the construction of this Agreement. All such proposed variations (whether submitted by PeopleSoft or Customer) to this Agreement are objected to and deemed material unless mutually agreed to in writing. Except for Customer's obligation to pay PeopleSoft or to assume its obligations for taxes, duties and customs fees, neither party will be liable for any failure to perform due to causes beyond its reasonable control. All notices and demands will be made in writing and delivered to the other party at their respective address set forth above or as modified from time to time in writing. If any provision of this Agreement is held to be unenforceable, this Agreement will be construed without such provision. This Agreement replaces and supersedes any prior verbal or written understandings, communications, and representations between the parties on the subject matter hereof. This Agreement may be amended only by a written document executed by a duly authorized representative of each of the parties, unless expressly provided otherwise herein. The failure by a party to exercise or enforce any right hereunder will not operate as a waiver of such party's right to exercise or enforce such right or any other right in the future. The undersigned represent and warrant that they are authorized as representatives of the party on whose behalf they are signing to sign this Agreement and to bind their respective party thereto. ACCEPTED BY: Cort Collins Authorized Signature ACCEPTED BY: PeopleSoft USA, Inc. Authorized Signature iMOthy J. Schini, N,C, I lA Mc j�b 0,, Vice President Printed Name and Title Printed Name and Title R PP 1 � c�.i7a�. Servl ca.r %�1 q ti cy�✓— Sales Rep. Name: Gary M. Miller ID#: 14547 Customer ID: 308272 Region: E&G West Opportunity #: OPP115701 Client Executive: Marce Ahrenberg 118044 ID#: 18044 EDR: Ana Burt --For PeopleSoft Use Only-- 6/22/2004, 1:02 PM Page 2 of 2 City of Fort Collins 12 TU 06_22_04.doc,Mrev7/03 PeopleSoft... PeopleSoft Training Unit Purchase Agreement This PeopleSoft Training Unit Purchase Agreement ("Agreement") is made as of June 21, 2004 ("Effective Date") by and between PeopleSoft USA, Inc. ("PeopleSoft") and City of Fort Collins ("Customer"), having a place of business at 215 N Mason St,Fort Collins,C0,80524-4402, USA Definitions. "Designated Region" means the Region selected by Customer for each Training Unit purchased under this Agreement as identified in the "Designated Region" column in the table in Section 2 below. A Training Unit will have only one associated Designated Region. "Region" means one of the smaller geographic regions that make up each Theater as set forth in the table in Section 2 below. For example, within the North American Theatre, the United States is one Region and Canada is the other Region. "Theatre" means one of the four (4) geographic areas designated in the table in Section 2 below, each of which contains a group of Regions. "Training" means PeopleSoft education products and services offered: i) in a PeopleSoft classroom; ii) in Customer's classroom; iii) over the Internet; or (iv) on a compact disc, and certain other education -related services. "Training Unit" means a unit of that may be purchased by Customer and redeemed by Customer for Training in the Designated Region in accordance with the terms and conditions of this Agreement. "Use Period" means that period commencing on the Effective Date and terminating: (i) on that date which is one (1) year from the Effective Date if Customer purchases less than 300 Training Units pursuant to this Agreement; or (ii) on that date which is two (2) years from the Effective Date if Customer purchases 300 or more Training Units pursuant to this Agreement. 2. Training Unit Table. Peo IeSoft Training Units Theatre Regions Designated Region Number of Training Units Fee North America I United States and Canada United States 12.00 units Included TOTAL TRAINING UNIT FEES $6,300.00 3. Purchase, Use and Limitations of PeopleSoft Training Units. 3.1 Upon receipt of the fees set forth in this Agreement, PeopleSoft will credit Customer's account with the number and type of Training Units set forth in the table in Section 2 above. No Training Unit may be redeemed until PeopleSoft receives the payment for such Training Unit in accordance with the "Payment Terms" section below. 3.2 Customer must select a Designated Region for each Training Unit at the time of purchase. Customer may only redeem a Training Unit purchased herein for Training provided in the Designated Region. Within the Use Period, Customer may change the Designated Region for a Training Unit to a different Region within the same Theatre (e.g., Customer may change the Designated Region from a Region in the EMEA Theatre to any other Region in the EMEA Theatre), provided that for each request: (i) Customer must transfer a minimum of ten (10) Training Units to the new Region; and (ii) Customer must make such request in writing (which may be via e-mail) to Ana Burt. Customer may not change the Designated Region for a Training Unit to a Region in another Theatre. In no event shall Customer be entitled to a refund as a result of changing the Designated Region for applicable Training Units. 3.3 The number of Training Units that must be redeemed for each registrant to attend a particular class offered as part of Training will be as reflected on the PeopleSoft Training site of PeopleSoft.com at the time the registrant registers for the class. Customer may use Training Units for training at Customer's site only as the parties mutually agree in writing. 4. Payment Terms. PeopleSoft will invoice Customer for the Training Unit Fees upon execution of this Agreement by both parties. Customer will pay PeopleSoft the Total Training Unit Fees as set forth in the table above upon receipt of the applicable invoice. Customer will fully reimburse PeopleSoft for: (i) all associated VAT, Sales, and other taxes, including, but not limited to, any taxes triggered by the initial purchase, and any taxes triggered by the transfer of Training Units from one Region to another; and (ii) all travel and living expenses incurred by the PeopleSoft personnel who provide the Training. Training Units may not be used to pay for such taxes or travel and living expenses. Invoices are payable in U.S. Dollars, and all payments are noncancelable, nonrefundable, and noncontingent unless otherwise provided herein. Customer will send ail payments to the attention of PeopleSoft's Accounts Receivable Department. 5. Training Unit Expiration. Customer must use the Training Units purchased pursuant to this Agreement in accordance with the terms of this Agreement, and any such Training Units that Customer does not use will expire at the end of the Use Period. Training Units are: (i) non -returnable; (ii) except as explicitly set forth in this Agreement, non -transferable; and (iii) except as explicitly set forth on PeopleSoft's training site on PeopleSoft.com, not to be used as a credit toward any other type of Training Unit, license or service. 6/22/2004, 1:02 PM Page 1 of 2 City of Fort Collins 12 TU 06_22_04.doc,Mrev7/03 6. Customer Information BILLING INFORMATION Contact: Michelle McDonou h 7 AININ - ADMINISTRATOR Contact: Same Address: 215 North Mason Street Address: Fort Collins, CO 80524-4402 Phone: 970-221-6369 Phone: Fax: Fax: Email: mmcdonou h fc ov.com email: Training Project Number: New Project ID# needed PeopleSoft training Purchase Order Number: 7. Expiration of Offer. The offer set forth in this Agreement is valid only through June22, 2004, and if the Agreement is not executed by such date, the offer is rescinded, all terms are null and void, and neither party will have any obligation in relation thereto. 8. General. This Agreement is made in and will be governed by the laws of California, without regard to its choice of law principles. The section headings herein are provided for convenience only and have no substantive effect on the construction of this Agreement. All such proposed variations (whether submitted by PeopleSoft or Customer) to this Agreement are objected to and deemed material unless mutually agreed to in writing. Except for Customer's obligation to pay PeopleSoft or to assume its obligations for taxes, duties and customs fees, neither party will be liable for any failure to perform due to causes beyond its reasonable control. All notices and demands will be made in writing and delivered to the other party at their respective address set forth above or as modified from time to time in writing. If any provision of this Agreement is held to be unenforceable, this Agreement will be construed without such provision. This Agreement replaces and supersedes any prior verbal or written understandings, communications, and representations between the parties on the subject matter hereof. This Agreement may be amended only by a written document executed by a duly authorized representative of each of the parties, unless expressly provided otherwise herein. The failure by a party to exercise or enforce any right hereunder will not operate as a waiver of such party's right to exercise or enforce such right or any other right in the future. The undersigned represent and warrant that they are authorized as representatives of the party on whose behalf they are signing to sign this Agreement and to bind their respective party thereto. ACCEPTED BY: CITE or' Collins Authorized Signature ACCEPTED BY: PeopleSoft USA, Inc. Authorized Signature imothy J. Schjnke Vice President Printed Name and Title Ape l Printed Name and Title Sales Rep. Name: Gary M. Miller ID#: 14547 Customer ID: 308272 Region: E&G West Opportunity #: OPP115701 Client Executive: Marce Ahrenberg / 18044 ID#: 18044 EDR: Ana Burt --For PeopleSoft Use Only-- 6/22/2004, 1:02 PM Page 2 of 2 City of Fort Collins 12 TU 06 22 04.doc,Mrev7/03