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Home My WebLink About2000-085ORDINANCE NO 00 09J AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF PROPRIETARY SOFTWARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 03612 TO ORACLE GOVERNMENT DMD, IN THE AMOUNT OF $83,535) WHEREAS, Section 252,022 of the Local Government Code provides that procurement of items that are only available from one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies, films, manuscripts or books, electricity, gas, water and other utility purchases, captive replacement parts or components for equipment, and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials, need not be submitted to competitive bids, and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the following purchase of materials, equipment or supplies, as described in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached hereto are hereby approved PURCHASE AMOUNT ORDER VENDOR 03612 Oracle Government DMD $ 83,535 SECTION II That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department SECTION III That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized SECTION IV That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the I �h .- day of 2000 JACZaE. MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 03612 Oracle License Terms "We," "us," and "our" refers to Oracle "You" and "your" refers to the individual or entity that has ordered programs or technical support from Oracle "Programs" refers to the software products which you have ordered, program documentation, and any program updates acquired through technical support What This License Agreement Covers This license agreement includes the terms provided below and the terms of the order which you have previously completed Your order is not effective until accepted by us We will notify you of our acceptance, and your notice will include a copy of your license agreement Upon our acceptance, we grant you the limited right to use our programs solely for your business operations subject to the terms of this license agreement and the program documentation You may allow your agents and contractors to use the programs for this purpose subject to the terms of this license agreement Program documentation is either shipped with the programs, or you may access the documentation online at http //docs oracle com If ordered, annual technical support is provided under our technical support policies, which are subject to change These policies may contain additional terms which you may access online at http //oracle com/supportl This agreement is governed by the laws of California Ownership and Restrictions We retain all ownership and intellectual property rights to the programs You may make a sufficient number of copies of each program for your licensed use and one copy of each program for backup purposes when your system is inoperative, we must approve any additional copies you make You may not • remove or modify any program markings or any notice of our proprietary rights, • re -license, rent, lease, timeshare, or act as a service bureau or provide subscription services for the programs, • use the programs to provide third party training except for training agents and contractors that you have authorized under this license agreement, • assign this license agreement or give the programs or an interest in the programs to another individual or entity, • cause or permit reverse engineering or decompilation of the programs, unless required for interoperabihty, or • disclose results of any program benchmark tests without our prior consent You agree that U S export control laws and other applicable export and import laws govern your use of the programs, including technical data You agree that neither the programs nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation Page 1 We may audit your use of the programs If we give you 45 days advance written notice, you agree to cooperate with our audit, and provide us with reasonable assistance and access to information You agree to pay any underpaid license and technical support fees Warranties, Disclaimers and Exclusive Remedies We warrant that programs will substantially operate as described in the applicable program documentation for one year after we deliver them to you We also warrant that technical support will be provided consistently with industry standards, and this warranty is valid for a period of 90 days from performance of the service THESE WARRANTIES DO NOT GUARANTEE THAT THE PROGRAMS WILL PERFORM ERROR -FREE OR UNINTERRUPTED, OR THAT WE WILL CORRECT ALL PROGRAM ERRORS TO THE EXTENT PERMITTED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND TAKE THE PLACE OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE IF WE CANNOT SUBSTANTIALLY CORRECT A BREACH OF OUR WARRANTIES, IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END YOUR PROGRAM LICENSE OR TECHNICAL SUPPORT AND RECOVER THE LICENSE FEES OR TECHNICAL SUPPORT FEES PAID TO US UNDER THIS LICENSE AGREEMENT, AS APPLICABLE THIS IS YOUR EXCLUSIVE REMEDY Trial Programs You may order trial programs, or we may include additional programs with your order which you may use for trial purposes only You have 30 days from the delivery date to evaluate these programs If you decide to use any of these programs after the 30 day trial period, you must obtain a license for each program from us Programs licensed for trial purposes are provided "as is" and we do not provide technical support or any warranties for these programs End of License Agreement If you breach the terms of this license agreement and fail to correct the breach within 30 days after we notify you, we may end this license agreement and your use of programs and technical support If we end this agreement, you must pay within 30 days all amounts which have accrued prior to the end of this license agreement Fees and Taxes All fees payable to us are due within 30 days, and you also agree to pay any sales, value- added or other similar taxes which we must pay based on the programs or technical support you have acquired Page 2 Indemnification If someone makes a claim against you that our programs infringe their intellectual property rights, we will indemnify you To obtain this protection, you must • notify us promptly in writing, not later than 30 days after you receive notice of the claim, or sooner if required by applicable law, • give us sole control of the defense and any settlement negotiations, and • give us the information, authority, and assistance we need to defend against or settle the claim If we believe that any of our programs may have violated someone else's intellectual property rights, we may choose to either modify the programs or obtain a license to allow for continued use, or if these alternatives are not commercially reasonable, we may end the license for the applicable program and refund any license fees you have paid for it We will not indemnify you if you use a superseded or altered release of a program and the infringement claim could have been avoided by using the current unaltered release of the program This section provides your exclusive remedy for any infringement claims or damages Entire Agreement You agree that this license agreement is the complete agreement for the programs and technical support ordered, and this license agreement supersedes all prior or contemporaneous agreements or representations If any term of this license agreement is found to be invalid or unenforceable, the remaining provisions will remain effective Limitation of Liability NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE OUR MAXIMUM LIABILITY FOR ANY DAMAGES WHETHER IN CONTRACT OR TORT WILL NOT EXCEED THE FEES WHICH YOU PAID US FOR THIS ORDER, AND IF SUCH DAMAGES RESULT FROM YOUR USE OF A PROGRAM OR TECHNICAL SUPPORT, THE LIABILITY SHALL BE LIMITED TO THE FEES PAID FOR THE RELEVANT PROGRAM OR TECHNICAL SUPPORT The following agreement has been reviewed and accepted Printed Name Z. /0C r-r. r Signatur Title .D'reLro� eF / o.G... .�i�YJ Date reb 600 Page 3