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HomeMy WebLinkAboutAmendment FourAMENDMENT FOUR to the AGREEMENT between STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES (CONTRACT NO. 252-002-00-1) and ORACLE CORPORATION This Amendment Four ("Amendment") hereby amends the Software License and Services Agreement (the "Agreement") between the State of Florida Department of Management Services ("Customer") and Oracle Corporation ("Oracle") with an Effective Date of April 1, 2000, as amended. This Amendment k.h:rll remain valid from the effective date of this Amendment through May 25, 2003. In the event of any inconsistencies between the Agreement (as amended) and this Amendment, this Amendment shall take precedence. 1. Price List. "Price List" is defined as Oracle's F.-Business Global Price List dated January 11, 2002 and is hereby incorporated into and attached hereto as Attachment A. Customer shall receive the following percentage of discounts to the "Price List". All previous price lists, discount matrices and addcndums arc null. void and hereby deleted. E-1usiness License and Support Transaction Band List License .1- List Support E-Business Discounts S0 - 5100,000 24.25% $100.001 - $250,000 29.3% $250,001 - $375.000 34.35% $375,001 + 39.4% 2. Technical Support. Customer ntay acquire Technical Support services for Programs set forth in the Price List at Attachment A hereto. A description of Oracle's current Technical Support policies are set tarth at htwr://oracle.cuinlsupport/index.html?policies.html, which are subject to change: however. as long as the Customer has paid for Technical Support, the Technical Support Policir, will not materially change during the term of the Agreement. In the event of a conflict between the terms of the Agreement and Oracle's Technical Support Policies, the terms of the Agreement shall control. For purposes or this Amendment and the Agreement, Technical Support services shall be paid quarterly in arrears. 3. Definitions: The following definitions arc hereby incorporated into the Agreement: License Set: A license set cim ists of ell licenses that a contract entfty owns of a program and all licenses of any programs which are technically dependent,' .g., Database and Options or Applications and Options. Matching Service Levels: When acquiring Oracle technical support, all programs in any given license set must he .imported under the same Oracle technical support service level. Customer may choose to leave all licenses of a particular program within a license set unsupported, but may nia select varying levels of technical support for programs within a license set. Amendment 4 Florida State Contract Contract No. 252-002-00-1 Page 1 of 2 4. CD Packs. There will he no charge for CD packs during the term of this Amendment. 5. Professional Services. Customer may purchase Oracle Professional Services at the fees set forth in Attachment D hereto. Services shall be provided only upon receipt of an Order Form and El mutually agreed upon statement of work. Professional Services shall be equal to the number of hours of service performed multiplied by the applicable rate, plus reasonable travel and living expense:.. Customer acknowledges that the Professional Services are offered separately from any Program licenses acquired under this Agreement. Customer understands that it has the right to acquire said Program licenses without acquiring Professional Services, and may acquire Professional Services without acquirin p Program licenses, 6. Education. Customer may purchase Oracle education units at the then current education unit price. Attachment E contains the latest listing of Oracle course offerings. This list is subject to change. A description of Oracle's current Education policies and most current course offerings are set forth at htgi:+'iticww.orucle.comleducation/index,html?customer,ggcy.htttlj. 7. All websites referenced in this Amendment Four are subject to change; however, these changes will not materially change during the term of the Agreement, except as otherwise specified herein. The following Attachments are incorporated in this Amendment Four: Attachment A - Oracle's F.-Business Global Price List dated January 11, 2002 Attachment B - Sample Oracle's Ordering Document Attachment C- Oracle's License Definitions and Rules dated December 1, 2001 Attachment D - Oracle's Consulting ,Services Schedule Attachment E —Oracle's 's Education Course Offering List Except as ael forth above, the terms and conditions of the Agreement shall remain unchanged and in full force and effect. The Effective Date of this Amendment Four is 0G4• 15 , 2002. STATE OF FLORIDA DEPARTMENT ORACLE CORPORATION OF MANAGMENT SER V ICI BY: By: fte_dL qkzita NAME: Mt:J se.- Q]?Jnn' 9&eZ NAME: Ver f Al (AI f l 01 TITLE: _ 11610 2.,_ TITLESe : 1 tY fts Amendment 4 Florida State Contract Contract No. 252-002-00- I �^ Approved as to form and legality • by the De Ge ral Counsel's Office Print name:Z..0A Date: 1A 15 Page 2 of 2