HomeMy WebLinkAboutInformal Request for ProposalGENERAL TERMS AND CONDITIONS RELATING TO ORACLE'S RESPONSE
TO
THE CITY OF MIAMI
INFORMAL REQUEST FOR PROPOSAL DATED APRIL 22, 2004
FOR ENTERPRISE RESOURCE PLANNING SOFTWARE
Oracle Corporation ("Oracle") is pleased to have the opportunity to respond to the City of Miami (the
"City") Request for Proposal dated April 22, 2004, (the "request"). The contractual terms and conditions
applicable to Oracle's response to the request are as follows:
Any Oracle software licenses and technical support services will be provided in accordance with the
State of Florida Contract No. 252-002-00-1, as may be amended by the City and Oracle following award
of the contract to Oracle (the "Agreement"). Accordingly, Oracle takes exception to any provisions of the
request which purport to establish the contractual and legal terrns under which Oracle will provide
products or services.
If the City elects to award a contract to Oracle for the product licenses and technical support services
specified in Oracle's proposal response, the City and Oracle will execute Oracle Ordering Documents for
the proposed licenses and technical support services. The Ordering Document will be governed by the
terms and conditions of the Agreement specified above, or such other Agreement as the parties may
negotiate at the time the contract is awarded. The Agreement and the Ordering Documents shall
exclusively govern the terms and conditions under which the proposed license and technical .support
services will be provided. The final Agreement and Ordering Document(s) will be executed within thirty
(30) days after notification of award, or such other reasonable time period as may be agreed by the City
and Oracle. Fees payable under the Ordering Document are subject to payment terms set forth in the
Agreement.
Oracle consulting services are proposed and may be acquired, separately from Oracle product licenses,
and payment for software licenses and technical support services shall not be linked to the ordering or'
performance of any consulting services. The purchase of product licenses does not require the City to
award any consulting services to Oracle.
This response is provided to the City as confidential information and use of the information in the
response shall be limited to the City's use solely in connection with award of the contract specified in the
response. The City does not acquire any intellectual property rights in Oracle property under the
response and agree to comply with all applicable export control laws and regulations to ensure that no
information is used or exported in violation of such laws and regulations.
Confidential information shall be,governed by the confidentiality provision as set forth in the State of
Florida Contract No. 252-002-00-1, as may be amended and supplemented.
The prices set forth in this response are exclusive of/any sales/use tax, shipping and media charges.
Shipping terms are FCA Shipping Point, prepaid and add. Documentation is provided in the form/format
which is commercially available/industry standard for all customers. Any tax exemption status held by
the City and applicable to this type of procurement must be disclosed to Oracle in writing and a copy of
the relevant tax exempt certificate(s) shall be provided to Oracle by the City at time of contract award.
Oracle's response is valid for a period of ninety (90) days from the due date of the request, unless an
extension is otherwise mutually agreed to in writing by the parties.
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Only those software products proposed herein and ,included in the Ordering Document are available in
production release on the computer hardware operating system combination(s) designated by the City,
Not all software products are available on all computer hardware/operating systern combinations.
The City shall not rely on any future availability of any software or software/computer
hardware/operating system combination in evaluating Oracle's response or awarding a contract to Oracle.
Furthermore, the future availability of any software or software/computer hardware/operating system
combination shall not affect the payment obligations under any resultant contract or relevant Ordering
Document(s). Oracle is under no obligation to make available any software or software/computer
hardware/operating system combination except for the software listed in the Oracle Ordering Document.
No statement made by Oracle in response to the request shall be construed as any representation or
warranty on behalf of Oracle including, but not limited to, implied warranties of fitness for a particular
purpose or merchantability, representations or warranties as to performance, product or service
availability, or any other representation or warranty.
Oracle shall not be obligated in any way to provide any products or technical support services with
respect to this request except as set forth in a final Agreement, the terms of which shall be negotiated
between the parties. Oracle looks forward to having the opportunity to work with the City to negotiate
terms and conditions that are mutually agreeable.
Oracle contemplates that the City will contract directly with third parties. for any -third party products or
services desired by the City. Oracle assumes no responsibility for systems integration work or
responsibility to act in the capacity as a prime or general contractor with respect to any products or
services provided by any third party. Oracle makes no warranty as to the performance or suitability of
any such third party products or services.
in the event of any inconsistency or conflict between the text in any other section(s) of Oracle's response
and the text of this section, the text of this section best clarifies Oracle's position and shall govern
Oracle's entire response. Oracle's entire response is predicated on the information contained in this
response and not the terms of the request.
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