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Home My WebLink AboutCORRESPONDENCE - PURCHASE ORDER - 9191488Official Purchasing Document Last updated 3/2018 AMENDMENT #01 8815 ORACLE EXADATA CLOUD@CUSTOMER SUBSCRIPTION SERVICES AGREEMENT This first Amendment (Amendment #01) is entered into by and between the CITY OF FORT COLLINS (the “City” or “End User”) and ORACLE AMERICA, INC. THROUGH ARISANT, LLC (the “Service Provider”). WHEREAS, the Service Provider and the City entered into an Agreement effective November 30, 2018 (the “Agreement”) and the Service Provider began services on March 7, 2019; and WHEREAS, Professional and the City desire to amend the Agreement to add additional Oracle Public Cloud Services - Database Cloud Services Disaster Recovery per the attached Order Document #1612. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein contained, the parties agree as follows: 1. Amend the Agreement to include additional Oracle services as listed in Order Document #1612 (the "Services"), attached; 2. The Contract price shall be increased by $68,284.07. Except as expressly amended by this Amendment #01, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event of a conflict between the terms of the Agreement and this Amendment #01, this Amendment #01 shall prevail. IN WITNESS WHEREOF, the parties have executed this First Amendment the day and year shown. CITY OF FORT COLLINS: By: Gerry Paul Purchasing Director DATE: ARISANT, LLC By: Printed: Title: Date: Page 1 of 3 DocuSign Envelope ID: 1B7A9C8F-C90E-4BAA-9111-2B3464E9BF89 Managing Partner Niklas Iveslatt 8/27/2019 8/27/2019 Arisant, LLC • 383 inverness pkwy, ste 175 • englewood colorado 80112 • t: 303.330.4065 • f: 888.889.0155 1 Order Document #1612 Customer: City of Fort Collins From: Arisant, LLC Date: 8/26/2019 383 Inverness Parkway, Suite 175 Expires: 8/27/2019 Englewood, CO 80112 Contact: Financial Services Contact: Niklas Iveslatt Purchasing Division 303.882.4461 215 N. Mason St. 2nd Floor niklas.iveslatt@arisant.com Fort Collins, CO 80522 purchasing@fcgov.com 970.221.6775 Line Qty. Part Number Vendor Region Cat1 List Ext. List Modifier Price Ext. Price in USD in USD % in USD in USD Oracle Public Cloud Services - Database Cloud Services Price 32.03 Months Price 32.03 Months 1.0 6,000 B89435 ORACLE US Government CLOUD $0.0425 $8,167.65 -7.0000 $0.0395 $7,595.91 2.0 2,000 B89437 ORACLE US Government CLOUD $0.0255 $1,633.53 -7.0000 $0.0237 $1,519.18 3.0 1,000 B89436 ORACLE US Government CLOUD $0.0034 $108.90 -7.0000 $0.0032 $101.28 4.0 1,488 B90560 ORACLE US Government CLOUD $1.6801 $80,074.64 -28.0000 $1.2097 $57,653.74 5.0 744 B89422 ORACLE US Government CLOUD $0.0638 $1,520.37 -7.0000 $0.0593 $1,413.95 6.0 2,000 B89432 ORACLE US Government CLOUD $0.0000 $0.00 -7.0000 $0.0000 $0.00 7.0 1 B90937 ORACLE US Government CLOUD $0.0000 $0.00 -7.0000 $0.0000 $0.00 $0.00 Price for Hardware $0.00 $0.00 Price for Software $0.00 $0.00 Price for Service/Maintenance $0.00 $91,505.10 Price for Cloud Services $68,284.07 Low Rate Lease/Financing Options Available; Estimate for Freight Contact Your Arisant Rep For The Most Updated Financing Promotions. $91,505.10 Grand Total: $68,284.07 Description Oracle Cloud Infrastructure - Outbound Data Transfer - Government - Gigabyte Outbound Data Transfer per month Oracle Cloud Infrastructure - Database Cloud Service - Enterprise Edition Extreme Performance - Government Oracle Cloud Infrastructure - Block Volume - Government - Gigabyte Storage Capacity per Month Oracle Cloud Infrastructure - Object Storage - Storage - Government - Gigabyte Storage Capacity per Month Oracle Cloud Infrastructure - Object Storage - Requests - Government - 10,000 Requests per Month Oracle Cloud Infrastructure - Compute - Virtual Machine Standard - X7 - Government - OCPU Per Hour Oracle Identity Foundation Cloud Service - Government - Each Contract Information Agreements This order incorporates by reference the terms of the Oracle End User Agreement, Arisant Oracle Cloud Services Agreement (Arisant- CSA-v20180210) and all amendments and addenda thereto (the "Master Agreement"). General Terms 1. Summary of Fees You have ordered 32.03 months of Cloud Services. Listed above is a summary of net fees due under this order. All fees on this order are in US Dollars and are exclusive of any applicable shipping charges or applicable taxes. The cloud services payment frequency applies to all cloud services fees and taxes. All fees payable to Arisant are due within 30 days from the invoice date. Once placed, your order is non-cancelable and the sums paid nonrefundable, except as set forth in Arisant-CSA- v20180210, Section 12. Cloud Services Payment Frequency: Your payment frequency is Quarterly in Arrears (except as otherwise noted herein). 2. Territory The Cloud Services included on this order are for use in the U.S. 3. Pricing Invoicing and Payment Obligation Once placed, Your order shall be non-cancelable and the sums paid nonrefundable, except as set forth in Arisant-CSA-v20180210, Section 12. Payment terms Quarterly in Arrears. 4. Order of Precedence In the event of inconsistencies between the terms contained in this order and the Master Agreement, this order shall take precedence. Arisant, LLC • 383 inverness pkwy, ste 175 • englewood colorado 80112 • t: 303.330.4065 • f: 888.889.0155 2 1. For the purpose of this order only, and for the purpose of describing the Government PaaS and IaaS Cloud Services ordered, Section 16.2 of the Arisant-CSA-v20180210 agreement is amended to incorporate by reference this additional document. Oracle Services Descriptions (Oracle Government PaaS and IaaS Cloud Services- Service Descriptions) This document contains detailed descriptions of the specific Oracle Services. 2. Additional Fees for Any Increased Usage/Capacity As described in the Oracle Government PaaS and IaaS Cloud Services Descriptions document available at http://www.oracle.com/contracts, if you in a given month exceed the quantity of services specified for any of the Cloud Services listed in the table above with "Government" in the product name ("Government PaaS and IaaS Cloud Services"), then you must pay for such increased usage/capacity at the Unit Net Price specified in your order. Arisant will invoice you monthly in arrears for the additional fees applicable to such increase in usage/capacity. Such invoice shall not require a separate ordering document. You shall pay the invoice in accordance with this ordering document's payment terms. 3. Data Center Region The Oracle Cloud Services environment will reside in the data center region identified in the table above. 4. Subscription Term Through: 3/7/2022 Option Years You may renew the subscription for the same services listed in the table above at the same usage limits for two (2) additional 12-month renewal period (an "Option Year"), for the fees listed below. Professional Services are not included in the Option Year. Option Year One: $25,582.54 Option Year Two: $25,582.54 You must provide Arisant a minimum of 45 days' notice prior to the expiration of a service term to exercise an Option Year, and you must execute an order for the new Option Year prior to the expiration date of the existing service period. The cloud services listed above may not be renewed at the Option Year pricing if: (i) Oracle is no longer making such cloud services generally available to customers, or (ii) You are seeking to cancel or reduce the number of user licenses of the cloud services set forth in this ordering document. Price Hold for Cloud Services During the services period, you may order additional quantities of the cloud services acquired under this ordering document for the price specified above. This price hold does not apply to Eloqua Marketing Platform Cloud Service, any renewals or extensions of the cloud services ordered under this ordering document, to cloud services ordered pursuant to a separate discount or promotion, or to any cloud services other than those listed in the initial purchase under this ordering document. For clarification purposes, the Price Hold applies to the Option Years but only for the cloud services acquired under this ordering document. No Excess Obligation In the event the City of Fort Collins does not have sufficient budgeted funds for the Services provided through this order/contract, upon prior written notice to Oracle directly or through Arisant, LLC ("Partner"), You may terminate this order immediately without penalty or expense; provided, however, that: (a) for each term of the order, You must provide a purchase order to Partner, and (b) Your issuance the purchase order shall signify to Partner that all funds for the given term have been fully appropriated and are available and no longer subject to any appropriations contingency. Notwithstanding the foregoing, You agree to pay for all services performed by Oracle prior to Oracle's receipt of Your notice of non-appropriations. Page 3 of 3 DocuSign Envelope ID: 1B7A9C8F-C90E-4BAA-9111-2B3464E9BF89 This order will control over the terms contained in any purchase order. 5. For the purpose of clarification “You”, “you” or “End User” refers to City of Fort Collins. Specific Terms Page 2 of 3 DocuSign Envelope ID: 1B7A9C8F-C90E-4BAA-9111-2B3464E9BF89