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HomeMy WebLinkAboutResolution - 2014-R0041 - Contract - Mythics Inc.- Oracle Database And Applications - 02/13/2014RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock,Contract No.11736 for licenses for Oracle Database and Oracle Enterprise One Applications,by and between the City of Lubbock and Mythics,Inc.,of Virginia Beach,Virginia,and related documents.Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on February 13,2014 ATTEST: didg^ Rebecia Garza,City Secreta APPROVED AS TO CONTENT: ^L Mark Yeahvood,Assistant City Manager Chief Information Officer APPROVED AS TO FORM: //Ir^far-^- Chad Weaver,Assistant City Attorney vwxcdocs/RES.Contract-Mythics,Inc. January 23,2014 C)RACLEF Municipal Payment Schedule Customer: City of Lubbock Address: 1611 10th Street Lubbock TX 79401 Contact Phone: Email Notice: Order: Y Dated: Agreement:l,FJ(Cts a e PPA No.: S� r r Dated:���n11(t Executed by Mayor No. 63681 Rebec Garza, City Secretary / \ Executed b Oracle redit Corporation: v By: Name: CHARY ATZEL Title: NAS Ot ERXI'IONS Payment Schedule Effective Date: System: Payment Schedule: Payment Amount: Due Date: Software: 508,106.18 Support: 0.00 1 @ USD 150,000 NET 30 Education: 0.00 2 @ USD 179,053 01-APR-15, 01-APR-16 Consulting: 0.00 Other: 0.00 System Price: USD 508,106.18 Transaction Specific Terms: For this Contract, the rate used in PPA Section 4, Paragraph 2, Subsection (i) shall be the lesser of the rate in the Contract or 2%. Optional: 0 (if this box is checked): The Customer has ordered the System from an alliance member/agent of Oracle Corporation or one of its affiliates, whose name and address are specified below. Customer shall provide OCC with a copy of such Order. The System shall be directly licensed or provided by the Supplier specified in the applicable Order and Agreement, each of which shall be considered a separate contract. Customer has entered into the Order and Agreement based upon its own judgment, and expressly disclaims any reliance upon statements made by OCC about the System, if any. Customer's rights with respect to the System are as set forth in the applicable Order and Agreement and Customer shall have no right to make any claims under such Order and Agreement against OCC or its Assignee. Neither Supplier nor any alliance member/agent is authorized to waive or alter any term or condition of this Contract. If within ten days of the Payment Schedule Effective Date, OCC is provided with Customer invoices for the System specifying applicable Taxes, then OCC may add the applicable Taxes in accordance with this Contract. Alliance Member/Agent: Mythics, Inc. Address: 1439 North Great Neck Road, Suite 201 Virginia Beach VA 23454 Contact: Mark Scura mscura@mythics.com Phone: 757.233.8088 This Payment Schedule is entered into by Customer and Oracle Credit Corporation ("OCC") for the acquisition of the System from Oracle Corporation, an affiliate of Oracle Corporation, an alliance member/agent of Oracle Corporation or any other parry providing any portion of the System ("Supplier"). This Payment Schedule incorporates by reference the terms and conditions of the above -referenced Payment Plan Agreement ("PPA") to create a separate Contract ("Contract"). A. PAYMENTS: This Contract shall replace Customer's payment obligation under the Order and Agreement to Supplier, to the extent of the System Price listed above, upon Customer's delivery of a fully executed Order, Agreement, PPA, Payment Schedule, and any other documentation required by OCC, and execution of the Contract by OCC. Customer agrees that OCC may add the applicable Taxes due on the System Price to each Payment Amount based on the applicable tax rate invoiced by Supplier at shipment. OCC may adjust subsequent Payment Amounts to reflect any change or correction in Taxes due. If the System Price includes support fees for a support period that begins after the first support period, such future support fees and the then relevant Taxes will be paid to Supplier as invoiced in the applicable support period from the Payment Amounts received in that period. The balance of each Payment Amount, unless otherwise stated, includes a proportional amount of the remaining components of the System Price excluding such future support fees, if any. B. SYSTEM: Software shall be accepted, and the services shall be deemed ordered pursuant to the terms of the Agreement. Customer agrees that any software acquired from Supplier to replace any part of the System shall be subject to the terms of the Contract. Any claims related to the performance of any component of the System shall be made pursuant to the Order and Agreement. Neither OCC nor Assignee shall be responsible to Customer for any claim or liability pertaining to any performance, actions, warranties or statements of Supplier. C. ADMINISTRATIVE: Customer agrees that OCC or its Assignee may treat executed faxes or photocopies delivered to OCC as original documents; however, Customer agrees to deliver original signed documents if requested. Customer agrees that OCC may insert the appropriate administrative information to complete this form. OCC will provide a copy of the final Contract upon request. ��-4r c`� c-[ Page 1 of 1 PS Muni OUan05 Amendment No. 1 to Municipal Payment Schedule Nk?b%ldated ("MPS') to the Municipal Payment Plan Agreement No.�,M dated ("MPPA", and together with the MPS, the "Contract") between City of Lubbock ("Customer") and Oracle Credit Corporation ("OCC") This Amendment hereby amends the above referenced Contract in the following respects: In the MPPA: Preamble, End of Paragraph, Add the following: "This Contract shall be effective only upon the full execution and delivery of the Municipal Payment Plan Agreement and Municipal Payment Schedule No.1, all in the form attached (without any changes to any terms and conditions), and an Order and Agreement acceptable to OCC, by Customer to OCC to be received by February, 25th, 2014. 2. Section 4, Second Paragraph, Third Sentence After the third sentence, add "Notwithstanding any term in this Contract to the contrary, neither party shall be subject to any arbitration process or proceeding without its prior written consent." 3. The following terms are required to be added to the Contract by a resolution of the City Council of City of Lubbock, and are added as a new Paragraph 8: "8. Non -Arbitration: Either Party reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, neither Party shall be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. " All other provisions of the Contract remain unchanged and in full force and effect. The Effective Date of this Amendment No. 1 is 2/11/2014 . CUSTOMER ( ut ri ignature): ORACLE CREDIT CORPORATION By: By: Name: Name: Title: a or Title: E, T,,,., A E T: NAS ()I'1`1t�. W)iiAboek MPS Amendment —US ecc Garza, City Secretary APPROVED AST CONTENT: APP ��A T FORM: Mark Y arwood, MICIO Chad Weaver, Asst City Attorney PAC LE" Municipal Payment Plan Agreement Customer: City of Lubbock Address: 1611 10th Street Lubbock TX 79401 Phone: PPA No.: Date: 1�1=�(1• �y This Payment Plan Agreement ("PPA") is entered into by Customer and Oracle Credit Corporation ("OCC") to provide for the payment of the System Price specified in a Payment Schedule on an installment basis. The System (as defined below) is being acquired from Oracle Corporation, an alliance member/agent of Oracle Corporation or any other party providing any portion of the System ("Supplier"). Each Payment Schedule shall specify the Software and other products and services, which items together with any upgrade, update, transfer, substitution, or replacement thereof shall comprise the "System". Each Payment Schedule shall incorporate the terms and conditions of the PPA to form a "Contract," and the System specified therein shall be subject to the terms and conditions of such Contract. The System shall be licensed or provided to Customer directly by Supplier pursuant to the terms of the Order and Agreement specified in the Contract. Except as otherwise provided under the Contract, Customer's rights and remedies under the Order and Agreement, including Supplier's warranty and refund provisions, shall not be affected. 1. APPROPRIATION OF FUNDS: As an agency or a political subdivision of the state in which Customer is located, Customer's payment obligations hereunder are subject to the appropriation of funds. Customer may terminate its obligation to pay the Payment Amounts due under a Contract if funds are not appropriated or otherwise made available in subsequent fiscal periods for all Payment Amounts due during that fiscal period. The obligation to pay the Payment Amounts due under the applicable Contract as well as Customer's right to use any part of the System shall terminate on the last day of the fiscal period for which appropriations were received, without penalty or expense to Customer of any kind. Customer shall be responsible for any obligations outstanding prior to termination for which funds have been appropriated. Customer shall provide OCC with written notice of such non -appropriation within thirty (30) days of Customer's receipt of notice of non -appropriation, together with reasonable details regarding the non -appropriation of funds, as requested by OCC or as mandated by applicable law. To the extent permitted by law, Customer agrees that: (i) it has funds available to pay all Payment Amounts due during the current fiscal period; (ii) it intends to obtain funds for payment of Payment Amounts from its governing body in each subsequent fiscal period; and (III) if funds are appropriated, Customer shall use such funds to pay the Payment Amounts due hereunder. 2. ESSENTIAL USE: Customer represents to OCC as of the Payment Schedule Effective Date, and presently intends throughout the term of each Contract, that: (i) the use of the System is essential to the proper, efficient and economic functioning of Customer or to the services that Customer provides; (ii) the System shall only be used by the Customer to perform its governmental functions; and (III) Customer will use the System during the current fiscal period, and intends to use it for the term of this Contract. In reliance of Customer's representations regarding the essential use of the System and other representations and agreements herein, OCC has entered into this Contract. Executed by Custom si nature):------ BY: ert on, Mayor ATTEST: e ca aria, City Secretary Executed by O le cr it corpo )on: By: Name: Title: c )PI) I)I lil:(:TOR 3. PAYMENT SCHEDULE: Upon acceptance, except as provided in Section 1 above, Customer agrees to pay OCC the Payment Amounts in accordance with the Contract, with each payment due and payable on the applicable Due Date. If full payment of each Payment Amount and other amounts payable is not received by OCC within 10 days of each Due Date, Customer agrees to pay to OCC interest on the overdue amount at the rate equal to the lesser of: the maximum amount allowed by applicable prompt payment laws (a copy of which Customer will provide to OCC, if applicable), or one and one-half percent (1.5%) per month. Unless stated otherwise, Payment Amounts exclude any applicable sales, use, property or any other tax allocable to the System, Agreement or Contract ("Taxes"). Any amounts or any Taxes payable under the Agreement which are not added to the Payment Amounts due under the Contract are due and payable by Customer, and Customer shall remain liable for any filing obligations. If Customer provides OCC an exemption certificate (in form acceptable to OCC), Customer shall not be liable for any Taxes exempted therein. Customer's obligation to remit Payment Amounts to OCC or its assignee in accordance with the Contract is absolute, unconditional, noncancellable, Independent, and shall not be subject to any abatement, set-off, claim, counterclaim, adjustment, reduction, or defense for any reason, including but not limited to, any termination of or dispute arising under the Agreement or related agreements, performance of the System, or any claim against Supplier. 4. DEFAULT; REMEDIES: Except as provided under Section 1, any of the following shall constitute a Default under this Contract: (a) Customer fails to pay when due any sums due under any Contract; (b) Customer breaches any representation or fails to perform any obligation in any Contract; (c) Customer terminates the license related to the System, or Customer materially breaches the Agreement; (d) Customer defaults under a material agreement with Assignee; or (e) Customer becomes insolvent or makes an assignment for the benefit of creditors, or a trustee or receiver is appointed for Customer or for a substantial part of its assets, or bankruptcy, reorganization or insolvency proceedings shall be instituted by or against Customer. In the event of a Default that is not cured within thirty (30) days of written notice, OCC may: (i) subject to limitations imposed by applicable law, require all outstanding Payment Amounts and other sums due and scheduled to become due (discounted at the lesser of the rate in this Contract or five percent (5%) per annum simple interest) to become immediately due and payable by Customer; (ii) terminate all of Customer's rights to use the System and related services; and (III) pursue any other rights or remedies available at law or in equity. In the event OCC institutes any action for the enforcement of the Contract, and if authorized by statute and awarded by a court, there shall be due from Customer, in addition to the amounts due above, all costs and expenses of such action, including reasonable attorneys' fees. No failure or delay on the part of OCC to exercise any right or remedy hereunder shall operate as a waiver thereof, or as a waiver of any subsequent breach. All remedies are cumulative and not exclusive. Page 1 of 2 PPA Muni 06Apr01i C)RACLE' Except when a Default occurs, neither OCC nor its Assignees (as defined herein) will interfere with Customer's quiet enjoyment or use of the System in accordance with the Agreement's terms and conditions. Customer acknowledges that upon a Default under this Contract, no party shall license, lease, transfer or use any Software in mitigation of any damages resulting from Customer's Default. Upon Default, Customer agrees to permit Assignee's review of Customer's use of the System. 5. ASSIGNMENT: Customer hereby consents to OCC's assignment of all or a portion of OCC's rights and interests in and to the Contract, including the right to exercise remedies, to third -parties ("Assignee"). OCC shall provide Customer notice thereof, which shall be sufficient if it discloses the name of the Assignee and the address where further payments hereunder shall be made, and no further action shall be required to complete the assignment. Customer and OCC agree that Assignee shall not, because of such assignment, assume any of OCC's or Supplier's obligations to Customer. Customer shall not assert against Assignee any claim, defense, counterclaim or setoff that Customer may have against OCC or Supplier. Customer agrees not to make any claim against Assignee for any loss or damage of the System or breach of any warranty, express or implied, as to any matter whatsoever, including but not limited to the System and service performance, functionality, features, merchantability or fitness for a particular purpose, or any indirect, incidental or consequential damages or loss of business. Customer shall pay Assignee all amounts due and payable under the Contract, but shall pursue any claims under any Agreement solely against Supplier. 6. CUSTOMER'S REPRESENTATIONS AND COVENANTS: Customer represents and warrants as follows: the Contract is a legal, valid and binding contract of Customer, and does not constitute a debt of Customer under applicable state laws; Customer has the authority to enter into and carry out its obligations under the Contract, and has duly authorized and executed the Contract in accordance with state Municipal Payment Plan Agreement law and applicable procurement requirements; the Contract has been signed by a duly authorized representative of Customer; the execution and performance of the Contract does not violate Customer's charter or by-laws, any law, judgment, regulation, or other agreement binding upon Customer; and no further consent or approval is needed. Upon the termination of Customer's right to use the System, as a result of non -appropriation or otherwise, Customer will promptly execute and deliver to OCC or its Assignee a certificate of non-use and return the System in accordance with the terms of the Agreement. Any transfer or assignment of Customer's rights or obligations in the System, or under the Agreement or this Contract shall require OCC's and Assignee's prior written consent. Customer agrees to promptly execute any ancillary documents and take further actions as OCC or Assignee may reasonably request, including, but not limited to, assignment notifications, acceptance certificates, certificates of authorization, opinions of counsel, essential use certificates, registrations, and filings. Customer agrees to provide copies of Customer's balance sheet, income statement, and other financial reports as OCC or Assignee may reasonably request. 7. MISCELLANEOUS: The Contract constitutes the entire agreement between Customer and OCC regarding the subject matter herein and shall supersede any inconsistent terms set forth in the Order, Agreement or any related agreements, Customer purchase orders and all prior oral and written understandings. If any provision of this Contract is invalid, such invalidity shall not affect the enforceability of the remaining terms of the Contract. Customer's obligations under each Contract shall commence on the Payment Schedule Effective Date specified in the Payment Schedule. Each Contract, and any changes to a Contract or any related document, shall take effect when executed by OCC. The Contract shall be governed by the laws of the state where Customer is located, and is effective as of the Payment Schedule Effective Date. Page 2 of 2 PPA_Muni 06Api01i MYTH 1CS" �1 Mark Scurs Direct: 757.233.1088 Eax: 757Al2.'1080 Email: mscure@nrythics.com 1439 N. Great Neck Rd. Suite 201 Virginia Beach, VA 23454 End -User Name: City of Lubbock yI kvl p ativlwu°, Platinum Partner Quote Number. 101613 8 102413 Quote Created 1011512013 Contact: Mike Wesley Expiration Date 2/1512014 Phone: 806.775.2362 Email: maweslev0mall.ciJubbock.lx.us Project JD Edwards Migration and Core Technology Summary Quote LICENSE / SUPPORT SUMMARY QUOTE llem 1 JD Edwards License Costs - Migration, Custom Application Suite, and Net New JD Edwards Licenses Please reference Quote 101513 for license and support specifics S243,792.18 2 JD Edwards Support Costs - Migration, Custom Application Suite, and Net New JD Edwards Support Please reference Quote 101513 for license and support specifics $9,568.69 3 Core Technology License Costs - Migration and Net New Core Technology Licenses nnd Please reference Quote 102413 for license asupport pport specifics $264,314.00 4 Core Technology Support Costs - Migration and Net New Core Technology Support Please reference Quote 102413 for license and support specifics $13,819.00 Software may be downloaded at: hltp:lledeliverv.oracle.com SUBTOTAL LICENSE: $508,106.18 SUBTOTAL SUPPORT: $23,387.69 GRAND TOTAL: $531,493.87 Additional Information: This quotation is an estimate and Is an invitation far you to offerto purchase products and services from Mythics. Your orde-Is subject to Mythics' acceptance and to software licensing terms and conditions per reference to an existing licenseloontract or a newly executed license accompanying your order. Mythics DUNS#: 013358002 Mvlhics Fed Tax ID# 54-1987871 CAGE CODE: 1TA34 Business Size: Small NAIC: 423430 Support services are provided under Oracle's then current technical support policies located at http:l/www.oracle.00m/supporVpolicies,html You agree that Mythlcs has the right to cancel your support due to non-payment Media is available for download at no additional cost at http!lledelivery.oracle.com/ In reliance on your order, Mythics will Issue a norl-cancellable order with its supplier for software or hardware products ordered. Therefore all orders are non. cancellable Please note that the support for the products listed above will begin when Oracle processes this order. If you have a desired period of performance please make sure to discuss this with Mythics in advance delivering the purchase order. Purchasing Instructions: Please include the following statements in your Purchase order: 1. This order Is placed open market pursuant to the terms and conditions of Texas DIR-VPC-o3-018 2. Payment terms are: License Fee: OFD terms and dates Support: Net30 3. Mythics quote # 101513 & 102413 Fax order to 757-412-1060 or email to:mscura@mythics.00m NAME SIGNATURE DATE MYTH ICS" Mark Scum End-u... Name: City Of Lubbock Direct: 757.233.8088 Fax: 757.412.1060 Email: mecum@mythlca.com Contaal: Mike Wesley 1439 N. Great Nock Rd. Suite 201 Phone: 806.775.2362 Virginia Beach, VA 23454 E-11: mawestevCcDmail.ci.lubbock.lx.us Pralact JD Edwards Migration LICENSE/SUPPORT Platinum Partner Quote Number: 101513 ouot.craaae 10/15/2013 Expiration Dele 2/15/2014 can. uem Mlgrating To: Type CITY List Prke LI<.n.....It Ext.-P,ic. Enterprise One Human Resources Application User 2270 $419,950.00 $32.818.12 $67,998.89 2 Enterprise One Payroll Application User 2270 $510,750.00 $39.913.92 $82,701.36 3 Enterprise One Time and Labor Application User 2270 $249,700.00 $19,513.48 $40,431.77 4 Enterprise One Technology Foundation Application User 200 $105,000.00 $8,205.52 $17,001.73 6 Custom Application Suite #1- Customer Suite User - Includes the following modules In the Suite: - Open Market DIR Custom Suite User 182 - - $0.00 6 JO Edwards Enterprise One Advanced Stock Valuation Application User: Is defined as an Individual authorized by you to use the applicable licensed application programs which are Installed on a single server or on multiple servers regardless of whether the Individual is actively using the programs at ary given time. If you license the Oracle Self Service Work Request option In conjunction with Oracle Enterprise Asset Management, you are required to maintain licenses for the equivalent number of Application Users licensed and you are granted unlimited access to initiate work requests, view work request status and view scheduled completion dates for your entire employee population. Application Users licensed for Oracle Order Management are allowed to manually enter orders directly into the programs but any orders entered electronically from other sources must be licensed separately. For Oracle Sourcing, Orade Fusion Sourcing, Oracle ISupplier Portal, Oracle Fusion Supplier Portal, Ores Procurement, PeopleSoft eSupplier Connection, PeopleSoh Strategic Sourcing and JD Edwards Supplier Self Service programs, use by your external suppliers is included with your application user licenses. Custom Suite User: is defined as an Individual authorized by you to use the application programs Included In the applicable Custom Applications Suite which are installed on a single server or on multiple servers regardless of whether the individual Is actively using the programs at any given time 7Manamment JD Edwards Enterprise One Agreement 8 JO Edwards Enterprise One Bulk Stock Inventory e 10 JD Edwards Enterprise One Configurstor JD Edwards Enterprise Ono Contract and Service BillinoServices 11 JD Edwards Enterprise One Inventory Manauglull 12 JD Edwards Enterprise One Manufacturing Management 13 JD Edwards Enterprise One Procurement and SubcontractManaaernent 14 JD Edwards Enterprise One Quality Management 1s JD Edwards Enterprise One Requirements Planning 1s JO Edwards Enterprise One Sales Order Manammnt 17 JD Edwards Enterprise One Service Management F.Undat on is JD Edwards Enterprise One Transportation Manamment 19 JD Edwards Enterprise One Warehouse Mannoement 26 JD Edwards Enterprise One Advanced Pricing 21 JD Edwards Enterprise One Financials z2 JD Edwards Enterprise One Project Costing 23 JD Edwards Enterprise One System Foundation 24 26 Incremental Support Through 4/3012014 $8 W420 20 De11a Support Through 41=2014 $0.00 Line PIOa110i Oncripflan Twla MNae qtt glernunlW UnS PHca ��-�Ealentlea Prick Custom Application Suite #1- Customer Custom 21 Suite User- Includes the same modules associated with the miaration - Open Market Perpetual Suite User 18 $ 1,413.53 $ 25,443.48 28 Update Rights and Product Technical Through 4/30/2014 Custom 18 $ 59.64 $ 1,073.51 Support Suite User 20 One View Reporting Foundation Perpetual Application User 11 $ 276.08 $ 3,036.87 w Update Rights and Product Technical Through 4/30/2014 Application 11 $ 11.65 $ 128.13 Support User 31 One View Reporting For Financials Perpetual Application User 5 $ 276.08 $ 1,380.40 32 Update Rights and Product Technical Through 4130/2014 Application 5 $ 11.65 $ 58.24 Support User w One View Reporting For Project Costing Perpetual Application User 5 $ 276.08 $ 1,380.40 3e Update Rights and Product Technical Through 4/30/2014 Application 5 $ 11.65 $ 58.24 Support User 35 One View Reporting For Inventory Perpetual Application 5 $ 276.08 $ 1,380.40 Management User 38 Update Rights and Product Technical Through 4130/2014 Application 5 $ 11.65 $ 58.24 Support User 37 One View Reporting For Payroll Perpetual Application User 5 $ 276.08 $ 1,380.40 x Update Rights and Product Technical Through 4/30/2014 Application 5 $ 11.65 $ 58.24 Support User 39 One View Reporting For Human Resources Perpetual Applicall n User 6 $ 276.08 $ 1,658.48 w Update Rights and Product Technical Through 4/3012014 Application 6 $ 11.65 $ 69.89 Support 9oR --y be aowm da at: hbn:il2lgl--- ..-Al LICENSE: 52C3,]3215 3U6TOTAL SUPPORT THROUGH Cr =14: $2.m.6$ UPON REOUE9T GRAND TOTAL: $253,360.87 Additional Information: This quotation is an estimate and is an Invitation for you to offer to purchase products and services from Mythics. Your order is subject to Mythlcs' acceptance and to software licensing terms and conditions per reference to an existing license/oontract or a newly executed license accompanying your order. Mythics DUNS#: 013358002 Mythics Fed Tax ID# 54-1987871 CAGE CODE: 1TA34 Business Size: Small NAIC: 423430 Support services are provided under Oracle's then current technical support policies located at http:/1www,oracle.com/supporYpolicies.html You agree that Mythlcs has the right to cancel your support due to non-payment Media Is available for download at no additional cost at http://edelivery.oracle.com/ In reliance on your order, Mythics will issue a non -cancellable order with its supplier for software or hardware products ordered. Therefore all orders are non - cancellable Please note that the support for the products listed above will begin when Oracle processes this order. If you have a desired period of performance please make sure to discuss this with Mythics in advance delivering the purchase order. Purchasing Instructions: Please Include the following statements in your Purchase order: 1. This order Is placed open market pursuant to the terms and conditions of Texas DIR-VPC-03-018 2. Payment terms are: License Fee: OFD terms and dates Support: Net30 3. Mythics quote # 101513 Fax order to 757-412-1060 or email to:mscura@mythics.00m NAME SIGNATURE DATE DIR-VPC-03-016 Platinum MYTH 1 C 5 Y" Partner Mark $cure Direct: 757.233.8088 Fax: 757.412.1050 Email: macura®mythlcs.com 1439 N. Great Neck Rd. Suit. 201 Virginia Beach, VA 23454 LICENSES AND SUPPORT Company Name: City of Lubbock Contact: Mike Wesley Emil: maweslev(ctmail.ci.lubbock.tx ux Phone: 806.775,2362 Project: JD Edwards Migration Estimate Number. 102413 Estimate prepared on: October24, 2013 Valid thru: February 15, 2014 Item Nbr Ureci9 Product Desod tie"` Tom �.. -Omde"r, Number of Discounted Extended '< .-F'- Licenser Licenses Unit Price Price ' JOE 1 Oracle Database Enterprise Edition Perpetual Named User Plus 150 $ 423.70 $ 63,555.00 2 Update Rights and Product Technical Support Through 4.30.214 Named User Plus 150 $ 17.88 _ i $ 2,681.50 3 Tuning Pack Perpetual Named User Plus 150 $ 44.60 _ $ 6,690.00 4 Update Rights and Product Technical Support Through 4.30.214 Named User Plus 150 $ 1.88 $ 282.26 $ Diagnostics Pack Perpetual Named User Plus 150 $ 44.60 $ 0,690.00 6 Update Rights and Product Technical Support Through 4.30.214 Named User Plus 150 $ 1.88 $ 282.26 7 Partitioning Perpetual Named User Plus 150 $ 102.58 $ 15,387.00 a Update Rights and Product Technical Support Through 4.30.214 Named User Plus 150 $ 4.33 $ 649.20 9 Oracle Database Enterprise Edition Perpetual Named User Plus 130 $ 423.70 $ 63,555.00 10 Update Rights and Product Technical Support Through 4.30.214 Named User Plus 150 $ 17.88 $ 2,681.50 11 Tuning Pack Perpetual Named User Plus 150 $ 44.00 $ 8,e90.00 12 Update Rights and Product Technical Support Through 4.30.214 Named User Plus 150 $ 1.88 $ 282.26 13 Diagnostics Pack Perpetual Named User Plus 150 $ 44.00 $ 6,690.00 14 Update Rights and Product Technical Support Through 4.30.214 Named User Plus 150 $ 1.88 $ 282.20 15 Partitioning Perpetual Named User Plus 150 $ 102.58 $ 15,387.00 16 Update Rights and Product Technical Support Through 4,30.214 Named User Plus 150 $ 4.33 S 649.20 Walla - 17 Oracle Database Enterprise Edition Perpetual Named User Plus 100 $ 423.70 $ 42,370.00 1s Update Rights and Product Technical Support Through 4.30.214 Named User Plus 100 $ 17.88 $ 1,787.67 19 Tuning Pack Perpetual Named User Plus 100 $ 44.60 $ 4,460.00 20 Update Rights and Product Technical Support Through 4.30.214 Named User Plus 100 $ 1.88 $ 188.18 21 Diagnostics Pack Perpetual Named User Plus 100 $ 44.60 $ 4,460.00 22 Update Rights and Product Technical Support Through 4.30.214 Named User Plus 100 $ 1.88 $ 188.18 23 WebLogic Server Enterprise Edition Perpetual Named User Plus 60 $ 223.00 $ 13,380.00 24 Update Rights and Product Technical Support Through 4.30.214 Named User Plus 60 $ 9.41 $ 564.53 Migrations• Migrating From Migrating To: Type. OTY List Price License Credit Extended Pric. 25 Intemel Application Server Enterprise Edition (6 essc tual C51 N 10 6 67 WebLogic Server Processor 6 S 11,150.00 $ 79,028.12 $ - 26 License Fee $ 15,000.00 27 Support Fee Through 5.31.14 $ 3,300.00 29 Delta Support Through 5.31.14 $ - SUBTOTAL: LICENSE $ 264,314.00 SUBTOTAL: SUPPORT & UPDATE RIGHTS $ 13.819.00 SUBTOTAL: FEE TOTAL" $ 278,133.00 Applicable State taxes will be added unless an exemption is provided. his quotation is an estimate and is an invitation for you to offer to purchase products and services from Mythics. Your order is subject to Mythics' acceptance and to software licensing terms and )nditions per reference to an existing license/contract or a newly executed license accompanying your order. lythics OUNSM 013358002 lythics Fed Tax ID# 54-1987871 AGE CODE: 1TA34 AIC: 423430 upport services are provided under Oracle's then current technical support policies located at: hftp:/twww.oracle.com/support/policies.htmi ou agree that Mythics has the right to cancel your support due to non-payment ladle is available for download at no additional cost at http://edelivery.oracle.coml i reliance on your order, Mythics will Issue a non -cancellable order with Its supplier for software or hardware products ordered. herefore all orders are non -cancellable Please note that the support for the products listed above will begin when Oracle processes this order. If you have a desired period of performance please make sure to discuss this with Mythics in dvance delivering the purchase order. irchasing Instructions: Base include the following statements in your order: This order is placed pursuant to the terms and conditions of Texas DIR-VPC-03-018. Payment terms are: "License fees: OFD terms and dates Support fees: Net 30 Mythics Estimate Number: 102413 order to 757.412-1060 or email to:mscura@mythics.com Ise note this pricing is subject to final management approval. rcessor: shall be defined as all processors where the Oracle programs are installed and/or running. Programs licensed on a processor basis maybe accessed by your internal users (including agents and contractors) and by �rthird party users. The number of required licenses shall be determined by multiplying the total number of cores of the processor by a core processor licensing factor specified on the Oracle Processor Core Factor Table ich can be accessed at http://oracle.mm/contracts. All cores on all multicore chips for each licensed program are to be aggregated before multiplying by the appropriate ,e processor licensing factor and all fractions of a number are to be rounded up to the next whole number. When licensing Oracle programs with Standard Edition One or Standard Edition in the product name (with the :eption of lava SE Support, lava SE Advanced, and lava SE Suite), a processor is counted equivalent to an occupied socket; however, in the case of multi -chip modules, each chip in the multi -chip module is counted as one :upied socket. For example, a multicore chip based server with an Oracle Processor Core Factor of 0.25 installed and/or running the program (other than Standard Edition One programs or Standard Edition programs) on t �es would require 2 processor licenses (6 multiplied by a core processor licensing factor of.25 equals 1.50, which is then rounded up to the next whole number, which is 2). As another example, a multicore server for a �dware platform not specified in the Oracle Processor Core FactorTable installed and/or running the program on 10 cores would require 10 processor licenses (10 multiplied by a core processor licensing factor of 1.0 for I other multicore chips' equals 10). med User Plus / Named User. is defined as an individual authorized by you to use the programs which are installed on a single server or multiple servers, regardless of whether the Individual is actively using programs at any given time. All of the remaining provisions of this definition apply only with respect to Named User Plus licenses, and not to Named User licenses. Anon human operated device will be counted as a med user plus in addition to all Individuals authorized to use the programs, If such devices can access the programs. If multiplexing hardware or software (e.g., a TP monitor or a web server product) is used, this number ist be measured at the multiplexing front end. Automated batching of data from computer to computer is permitted. You are responsible for ensuring that the named u plus per processor minimums are maintained for the programs contained in the user minimum table in the licensing rules section; the minimums table provides for the minimum number of named users plus required am actual users must be licensed.