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HomeMy WebLinkAboutItem 11 Oracle Database Appliance Hardware Purchase Asset Management System Replacement AGENDA ITEM SUMMARY Meeting Date: 5/7/2012 Meeting Type:Regular Meeting Staff Contact/Dept.: Len Goodwin, Brandt Melick/DPW Staff Phone No: 541-726-3685/ 541-726-4645 Estimated Time: Consent Calendar S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Maintain and Improve Infrastructure and Facilities ITEM TITLE: ORACLE DATABASE APPLIANCE HARDWARE PURCHASE; ASSET MANAGEMENT SYSTEM REPLACEMENT ACTION REQUESTED: Approve or reject the following motion: Approve purchase of Oracle Database Appliance hardware for the Asset Management System Replacement Project from Six Degrees Consulting for $48,136.58 and authorize and direct the City Manager to execute all documents required to effect the transaction. ISSUE STATEMENT: The Asset Management System Replacement Project requires the acquisition of new hardware to house the databases that support mapping functions, facilities management functions, data sharing functions with other systems and data sharing with other organizations. Purchase of this hardware at $48,136.58 is prerequisite to other aspects of this project. ATTACHMENTS: 1. City of Springfield Independent Contractor Agreement with Six Degrees Consulting – Full Packet (includes contract documents, Six Degrees Consulting proposal, Oracle Hardware Warranty and Western States Contracting Alliance (WSCA) master contract DISCUSSION/ FINANCIAL IMPACT: During the November 28, 2011 Council Work Session staff explained the failing asset management system as linked systems of hardware and software, and the stored data City staff has assembled over the years. Staff also described how this system, supported and maintained by Public Works, provides a variety of core services across the City; the current condition of the system and the need for its replacement; the total cost for replacement (which included the purchase of this hardware), and how the City could fund system replacement. Staff also explained that the City would purchase portions of the asset management system hardware, software and support services from different vendors, such as this request, over the next several months. A team composed of Public Works (PW) and Information Technologies (IT) staff began evaluating hardware options in FY12, performed detailed analysis, and evaluated several hardware solutions. Staff chose acquiring the Oracle Database Appliance hardware because it: 1) is a fully integrated database appliance in a single box; 2) supports storage and backup of both databases in this integrated system replacement (Autodesk and Hansen); and 3) is known to be a powerful, scalable and reliable database hardware solution. Staff also contacted references for the ODA, asking questions about performance, administration and support. The information provided was a strong recommendation for acquisition. Staff then solicited bids from authorized resellers and selected the lowest bid offering a cooperative contracting vehicle (WSCA). Prices included herein are consistent with costs initially shared with Council on November 28, 2011 or slightly below initial estimates. The contracts have been approved by the Purchasing Officer and the City Attorney. Staff recommends that a contract substantially in the form of the attached be approved. C74X Six Degree Consulting Page 1 of 8 CITY OF SPRINGFIELD INDEPENDENT CONTRACTOR AGREEMENT (Type 3: For Personal Services Contracts Requiring Professional Liability Insurance) Contract #74X Dated: May 8, 2012 Parties: The City of Springfield (“CITY”) A municipal corporation of the State of Oregon and Six Degrees Consulting (“Independent Contractor”) Additional Independent Contractor Information: A. Type of Entity: Sole Proprietorship Partners Limited Liability Company Corporation B. Address: 227 SW Pine Ste. Suite 300 Portland, OR 97204 C. Telephone: 503.289.7255 D. Fax No: E. SSN or Fed. I.D. No: F. Professional License(s) No: G. Oregon Agency Issuing License: H. Foreign Contractor Yes No (Foreign means not domiciled in or registered to do business in Oregon) See Exhibit B(11). CITY Account Number(s) To Be Charged (Include Percentages): Account Number Percentage In consideration of the mutual covenants contained herein, the parties agree to the following terms, provisions and conditions: 1. Payment by CITY. CITY shall pay Independent Contractor according to the sum and schedule described in Attachment 1 attached hereto and incorporated herein by this reference and in an amount not to exceed $48,136.58. 2. Goods and Services to be delivered and performed by Independent Contractor. Independent Contractor shall deliver the goods and perform the services described in Attachment 1. 3. Term. This Agreement is effective as of the date first set forth above and shall continue until May 31, 2012, unless earlier terminated in accordance with the provisions of this Agreement or by mutual consent of the parties. 4. Sourcing. Permissive Cooperative purchase off of the Western States Contracting Association (WSCA) Contract # B27175 described in Attachment 2 attached hereto and incorporated herein by this reference. C74X Six Degrees ConsultingAttachment 1 Page 1 of 66 C74X Six Degree Consulting Page 2 of 8 5. Warranty. Independent Contractor shall warrant the goods described in Attachment 3 attached hereto and incorporated herein by this reference. 6. Independent Contractor Status. By its execution of this Agreement, Independent Contractor certifies its status as an “Independent Contractor” as that term is used under the laws of the State of Oregon, and that all performance of any labor or services required to be performed by Independent Contractor under the terms of this Agreement shall be performed in accordance with the standards set forth in ORS 670.600, and as more specifically set forth on Exhibit “A” attached hereto and incorporated herein by this reference. 7. Conformance with Oregon Public Contracts Law (ORS Chapter 279). Independent Contractor shall comply with all applicable provisions of Oregon law for public contracts, including, but not limited to ORS 279B.220, ORS 279B.225, ORS 279B.230, and ORS 279B.235, and as more fully set forth on Exhibits “A” and “B” attached hereto and incorporated herein by this reference. 8. Work Performed. The work to be performed by Independent Contractor includes services generally performed by Independent Contractor in his/her/its usual line of business. 9. Tax duties and Liabilities. Independent Contractor shall be responsible for all federal, state and local taxes, if any, applicable to any payments received pursuant to this Agreement, including but not limited to income tax, payroll tax, social security and self-employment tax. CITY shall not withhold, pay, or in any other manner be responsible for payment of any taxes on behalf of Independent Contractor. 10. Reimbursement Of Expenses. Independent Contractor shall not be entitled to reimbursement by CITY for any expenses incurred by Independent Contractor unless otherwise agreed in writing. 11. Materials and Supplies. Independent Contractor shall supply all materials and supplies needed to perform the services required unless otherwise agreed in writing. 12. No Authority To Bind CITY. Independent Contractor shall have no authority to enter into contracts on behalf of CITY, it’s officers, agents and employees. This Agreement shall not create a partnership or joint venture of any sort between the parties. 13. Federal Employment Status. In the event payment made pursuant to this Agreement is to be charged against federal funds, Independent Contractor hereby certifies that it is not currently employed by the Federal Government and the amount charged does not exceed Independent Contractor’s normal charge for the type of services provided 14. Indemnification and Hold Harmless. The Independent Contractor shall assume all responsibilities for the work, and bear all losses and damages directly or indirectly resulting to the Independent Contractor, the City, or to others on account of the character or performance of the work, unforeseen difficulties, accidents, or any other cause whatsoever. The Independent Contractor shall assume defense of, indemnify and save harmless the City, its officials, agents, and employees from all claims, liability, loss, damage and injury of every kind, nature and description, directly or indirectly resulting from activities in the performance of the Contract, the ownership, maintenance or use of motor vehicles in connection therewith, or the acts, omissions, operations, or conduct of the Independent Contractor or any Subcontractor under the Contract or any way arising out of the Contract, irrespective of whether any act, omission or conduct of the City connected with the Contract is a condition or contributory cause of the claim, liability loss, damage or injury and irrespective or whether act, omission, or conduct of the Independent Contractor or Subcontractor is merely a condition rather than a cause of a claim, liability, loss damage or injury. The Independent Contractor shall not be liable for nor be required to defend or indemnify, the City relative to claims for damage or damages resulting solely from acts or omissions of the City, its officials, agents or employees. The C74X Six Degrees ConsultingAttachment 1 Page 2 of 66 C74X Six Degree Consulting Page 3 of 8 absence of or inadequacy of the liability insurance required in section 13 below shall not negate Independent Contractor’s obligations in this paragraph. 15. Insurance. 15.1. General Insurance. The Independent Contractor shall maintain in force for the duration of this agreement a Commercial General Liability insurance policy written on an occurrence basis with limits not less than $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily injury or property damage. The policy will contain a “per project” aggregate endorsement. Automobile Liability (owned, non-owned and hired) insurance with limits not less than $1,000,000 per occurrence shall be maintained. The City, its employees, officials and agents will be named as an Additional Insured where operations are being conducted related to this contract, on the General Liability policy as respects to work or services performed under this agreement to the extent that the death or bodily injury to persons or damage to property arises out of the fault of the Independent Contractor or the fault of the Independent Contractor’s agents, representatives or subcontractors. This insurance will be primary over any insurance the City may carry on its own. 15.2. Professional Liability. Independent Contractor shall maintain in force during the duration of this Agreement (and, if it is a claims made policy, for a year following completion of the project) a professional liability policy, approved by the City’s Risk Manager as to terms, conditions and limits. 15.4. Workers’ Compensation. Independent Contractor shall provide and maintain workers’ compensation coverage for its employees, officers, agents, or partners, as required by applicable workers’ compensation laws. If Independent Contractor is exempt from coverage, a written statement signed by Contractor so stating the reason for the exemption shall be provided to the City. 15.5. Evidence of Insurance Coverage. Evidence of the required insurance coverages issued by an insurance company satisfactory to the City shall be provided to the City by way of a City approved certificate of insurance before any work or services commence. 15.6. Notice of Cancellation or Material Change in Coverage. The certificate of insurance shall contain a requirement that the Insurance company notify the City 30 days prior to any cancellation or material change in coverage. If the approved insurance company will not provide this 30 day notice, the Contractor shall provide written notice to the City contract manager within 2 days after the Contractor becomes aware that their coverage has been canceled or has been materially changed. The Contractor shall either fax 541-726-3782 said notice or email it directly to Bob Duey (rduey@springfield-or.gov), Finance Director at the City. Regardless of what circumstances caused Contractors insurance coverage to cease or be modified, it is the contractor’s responsibility to notify the City. Failure to maintain proper insurance or provide notice of cancellation or modification shall be grounds for immediate termination of this contract.________(Contractor initials) 15.7. Equipment and Material. The Independent Contractor shall be responsible for any loss, damage, or destruction of its own property, equipment, and materials used in conjunction with the work. 15.8. Subcontractors. The Independent Contractor shall require all subcontractors to provide and maintain general liability, auto liability, professional liability (as applicable), and workers’ compensation insurance with coverage’s equivalent to those required of the general contractor in this contract. The Independent Contractor shall require certificates of insurance from all subcontractors as evidence of coverage. 15.9. Exception or Waivers. Any exception or waiver of these requirements shall be subject to review and approval from the City’s Risk Manager. 16. Termination. The performance of work under this Agreement may be terminated by CITY, in whole or in part, whenever for any reason CITY shall determine that such termination is in the best interest of CITY. Any such termination shall be effected by delivery to the Independent Contractor of a Notice of Termination specifying the extent to which performance of the work under the Agreement is C74X Six Degrees ConsultingAttachment 1 Page 3 of 66 C74X Six Degree Consulting Page 4 of 8 terminated and the date on which such termination is effective. Upon delivery to the Independent Contractor of a Notice of Termination under this paragraph, the Independent Contractor and CITY shall, by agreement, make an appropriate written modification to this Agreement governing completion of portions of the independent Contractor’s work and payment therefore by CITY. 17. Rights In Data. All original written material, including programs, card decks, tapes, listings, and other documentation originated and prepared for CITY pursuant to this Agreement, shall become exclusively the property of CITY. The ideas, concepts, know-how, or techniques developed during the course of this Agreement by Independent Contractor personnel can by used by either party in any way it may deem appropriate. Material already in Independent Contractor’s possession, independently developed by Independent Contractor outside the scope of this Agreement, or rightfully obtained by Independent Contractor from third parties, shall belong Independent Contractor. This agreement shall not preclude Independent Contractor from developing materials which are competitive, irrespective of their similarity to materials which might be delivered to CITY pursuant to this Agreement. Independent Contractor shall not, however, use any written materials developed under this Agreement in developing materials for others, except as provided in this section. 18. Confidentiality. During the course of performance hereunder, Independent Contractor or its agent, employees, or contractors, may receive confidential information. Independent Contractor agrees to use its best efforts to maintain the confidentiality of such information and to inform each agent and employee performing services of the confidentiality obligation that pertains to such information. 19. Assignment/Subcontract. Independent Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this agreement, in whole or in part, without the prior written approval of CITY. No such written approval shall relieve Independent Contractor of any obligations of this Agreement, and any transferee or subcontractor shall be considered the agent of Independent Contractor. Independent Contractor shall remain liable as between the original parties to this Agreement as if no such assignment had occurred. 20. Successors In Interest. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties to this Agreement and their respective successors and assigns. 21. Compliance With All Government Regulations. Independent Contractor shall comply with all Federal, State and local laws, codes, regulations and ordinances applicable to the work performed under this Agreement. Failure to comply with such requirements shall constitute a breach of contract and shall be grounds for termination of this Agreement. Damages or costs resulting from noncompliance shall be the sole responsibility of Independent Contractor. 22. Attorney Fees. In the event a lawsuit of any kind is instituted on behalf of CITY to enforce any provision of this Agreement, Independent Contractor shall pay such additional sums as the Court may adjudge reasonable for attorney fees plus all costs and disbursements at trial and on any appeal. 23. Force Majeure. Neither party to this Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party’s reasonable control. CITY may terminate this Agreement upon written notice after determining such delay or default will unreasonably prevent successful performance of the Agreement. 24. Assistance Regarding Patent And Copyright Infringement. In the event of any claim or suit against CITY on account of any alleged patent or copyright infringement arising out of the performance of this Agreement or out of the use of any material furnished or work or services performed hereunder, Independent Contractor shall defend CITY against any such suit or claim and hold CITY harmless from any and all expenses, court costs, and attorney’s fees in connection with such claim or suit. 25. Severability. If any provision of this Agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected; and the rights and C74X Six Degrees ConsultingAttachment 1 Page 4 of 66 C74X Six Degree Consulting Page 5 of 8 obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. 26. Access To Records. CITY and its duly authorized representatives shall have access to books, documents, papers and records of Independent Contractor which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 27. Waiver. Failure of CITY to enforce any provision of this Agreement shall not constitute a waiver or relinquishment by CITY of the right to such performance in the future nor of the right to enforce any other provision of this Agreement. 28. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever, without prior written approval of CITY, No modification of this Agreement shall bind either party unless reduced to writing and subscribed by both parties, or ordered by a Court. 29. Nondiscrimination. Independent Contractor shall comply with all applicable requirements of Federal and State civil rights and rehabilitation statutes, rules and regulations. 30. Dual Payment. Independent Contractor shall not be compensated for work performed under this contract from any CITY agency other than the agency which is a party to this contract. 31. Remedies. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, and any litigation arising out of this Agreement shall be conducted in the courts of the State of Oregon, County of Lane. 32. Entire Agreement. This Agreement signed by both parties is the parties’ final and entire Agreement and supersedes all prior and contemporaneous oral or written communications between the parties, their agents and representatives. There are no representations, promises, terms, conditions or obligations other than those contained herein. IN WITNESS WHEREOF the parties have executed this Agreement to be effective the date first set forth above. CITY OF SPRINGFIELD: INDEPENDENT CONTRACTOR By: By: Name: Name: Title: Title: Date: Date: C74X Six Degrees ConsultingAttachment 1 Page 5 of 66 C74X Six Degree Consulting Page 6 of 8 EXHIBIT “A” CITY OF SPRINGFIELD INDEPENDENT CONTRACTOR AGREEMENT Independent Contractor Status All performance of any labor or services required to be performed by Independent Contractor shall be performed in accordance with the standards set forth in ORS 670.600 (2005), and as follows: A person is customarily engaged in an independently established business if any three of the following six requirements are met: 1. The person maintains a business location: a. That is separate from the business or work location of the person for whom the services are provided; or, b. That is in a portion of the person’s residence and that portion is used primarily for the business. 2. The person bears the risk of loss related to the business or the provision of services as shown by factors such as: a. The person enters into fixed-price contracts; b. The person is required to correct defective work; c. The person warrants the services provided; or, d. The person negotiates indemnification agreements or purchases liability insurance, performance bonds or errors and omissions insurance. 4. The person provides contracted services for two or more different persons within a 12- month period, or the person routinely engages in business advertising, solicitation or other marketing efforts reasonably calculated to obtain new contracts to provide similar services. 5. The person makes a significant investment in the business, through means such as: a. Purchasing tools or equipment necessary to provide the services; b. Paying for the premises or facilities where the services are provided; or c. Paying for licenses, certificates or specialized training required to provide the services. 6. The person has the authority to hire other persons to provide or to assist in providing the services and has the authority to fire those persons. C74X Six Degrees ConsultingAttachment 1 Page 6 of 66 C74X Six Degree Consulting Page 7 of 8 EXHIBIT “B” City of Springfield Public Contracts Conformance with Oregon Public Contractors Laws Pursuant to Oregon law, every public contract shall contain the following conditions: 1) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract. ORS 279B.220(1) 2) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract. ORS 279B.220(2). 3) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. ORS 279B.220(3). 4) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279B.220(4). 5) If the agreement is for lawn and landscape maintenance, it shall contain a condition requiring the contractor to salvage, recycle, compost or mulch yard waste material at an approved site, if feasible and cost-effective. ORS 279B.225. 6) Promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall comply with ORS 656.017. ORS 279B.230. 7) A person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services designated under ORS 279A.055, the employee shall be paid at least time and a half pay: a) For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days; or b) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and c) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020. An employer must give notice in writing to employees who work on a public contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. ORS 279B.235(1)-(2). 8) If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201-209 from receiving overtime. ORS 279B.235(3). 9) Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020(1)(b)(B)-(G) and for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater. Employer shall give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number hours per day and days per week that the employees may be required to work. ORS 279B.235(5). If this agreement is for a public improvement, the contract shall contain the following conditions: 10) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract. ORS 279C.505(1)(a). 11) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract. ORS 279C.505(1)(b). 12) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. ORS 279C.505(1)(c). 13) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279C.505(1)(d). 14) The contractor shall demonstrate that an employee drug testing program is in place. ORS 279C.505(2). C74X Six Degrees ConsultingAttachment 1 Page 7 of 66 C74X Six Degree Consulting Page 8 of 8 15) If the contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the contractor or subcontractor by any person in connection with the public improvement contract as the claim becomes due, the proper officer or officers representing the state or a county, school district, municipality, municipal corporation or subdivision thereof, as the case may be, may pay such claim to the person furnishing labor or services and charge the amount of the payment against the funds due or to become due the contract by reason of the contract. If the contractor or first-tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract within 30 days after receipt of payment from the contracting agency or a contractor, the contractor or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580(4) and is subject to a good faith dispute as defined in ORS 279C.580. If the contractor or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. ORS 279C.515. 16) The payment of a claim does not relieve the contactor or the contractor’s surety from obligation with respect to any unpaid claims. ORS 279C.515(4). 17) A person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services designated under ORS 279C.100, the employee shall be paid at least time and a half pay: a) For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days; or, b) For all overtime in excess of 10 hours in anyone day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and, c) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020. ORS 279C.520(1). An employer shall give notice in writing to employees who work on a public contract either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. ORS 279B.520(2). 18) If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201-209 from receiving overtime. ORS 279C.520(3). 19) Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279C.540(1)(b)(B)-(G) and for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater. An employer shall give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. ORS 279C.520(5) 20) Solicitation documents for a public improvement contract shall make specific reference to federal, state and local agencies that have enacted ordinances, rules or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that affect the performance of the contract. A solicitation document must also make special reference to known conditions at the construction site that may require the successful bidder to comply with the ordinances, rules or regulations identified under ORS 279C.525(1). If the successful bidder encounters a condition not referred to in the solicitation documents, not caused by the successful bidder and not discoverable by a reasonable prebid visual site inspection, and the condition requires compliance with the ordinances, rules or regulations referred to under ORS 279C.525(1), the successful bidder shall immediately give notice of the condition to the contracting agency. The successful bidder may not commence work nor incur any additional job site costs in regard to the condition encountered and described in ORS 279.525(3) without written direction from the contracting agency. ORS 279C.525. 21) Promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall comply with ORS 656.017. ORS 279C.530. 22) A contract for public works shall contain a provision stating the existing state prevailing rate and wage and, if applicable, the federal prevailing rate of wage required. Every contract and subcontract shall contain a provision that workers shall be paid not less than the specified minimum hourly rate of wage in accordance with ORS 279C.838. ORS 279C.830(1). If this agreement is for demolition, the contract shall also contain the following conditions: 23) Contractor must salvage or recycle construction and demolition debris, if feasible and cost-effective. ORS 279C.510(1) C74X Six Degrees ConsultingAttachment 1 Page 8 of 66 Six Degrees Consulting Proposal Prepared for: City of Springfield 227 SW Pine St. Suite 300 Portland, OR. 97204 Phone: 503.289.7255 Fax 503.210.0406 Principal Consultant: Chris Rouch Prepared By: Jim Presley E-mail:rouchc@sixdegreesconsulting.comEmail: jpresley@sixdegreesconsulting.com Quotation #: 100756959-1 Terms are NET 30 (subject to approval)Quote good for 30 Days System 1: Netra T3-1 ItemQtyPart NumberDescriptionPriceExtended Price A 17100472Oracle Database Appliance Model Family $- $- B 17100495SVC Ref Only-FDS Only-Oracle Unbreakable Database Appliance: Sun Fire X4 $41,500.00 $41,500.00 C 2333A-25-15-NEMA $10.53 $21.06 D 1B61304Installation Service: Servers-Volume Group II $1,650.00 $1,650.00 E 1B59411HARDWARE FREIGHT FEE $- $- Total $43,171.06 One year support for Oracle Database Appliance ItemQtyPart NumberDescriptionPriceExtended Price A 1B58121Oracle Premier Support for Systems-Oracle Database Appliance $4,963.00 $4,963.00 B 2B58121Oracle Premier Support for Systems-Power Cord $1.26 $2.52 Total $4,965.52 Grand Total $48,136.58 Six Degrees Terms and Conditions The warranties expressly set forth in the manufacturer’s literature are in lieu of all other warranties by Six Degrees, Inc. within 30 days of delivery. For returns in original sealed box, with original accessories, packaging, manuals, etc., a 15% restocking charge will apply. For returns not in original sealed box, with original accessories, packaging, manuals, etc., a 25% restocking charge will apply. All returns subject to inspection prior to issuing credit. Defective items will be repaired, per manufacturer’s policy. Installed software may not be returned. Prices do not include state or local sales taxes. Prepared on: 4/18/12 Attn: Brandt Melick www.sixdegreesconsulting.comWSCA Contract #B27175 POWER CORD: NORTH AMERICA AND ASIA, 2.5 METERS, 5-15P PLUG, C13 CONNECTOR, 15 A (FOR FACTORY INSTALLATION) Liability and Warranties. To the extent applicable, we pass through to you the product warranties provided by the manufacturer. Factory Installed Software is no substitute for a media and documentation kit. Six Degrees, Inc. recommends purchase of a media and documentation kit. Return Policy. Upon approval of Distributor/Vendor/Manufacturer, returns will only be accepted with a valid RMA number assigned and if returned Proprietary Information. This quotation and the information herein is confidential and may not be copied, in whole or in part, to persons outside of your organization. C74X Six Degrees ConsultingAttachment 1 Page 9 of 66 Oracle Hardware Warranty Effective Date: 4-April-2012 OVERVIEW On March 16, 2010, Oracle introduced a new Hardware Warranty. The details of the Oracle Hardware Warranty are set forth below. The Oracle Hardware Warranty is only available in countries where Oracle maintains local hardware service or support operations. For a list of countries where Oracle maintains local service or support operations please refer to the attached document titled “Oracle Service Locations” (PDF). If you are located in a country where Oracle does not maintain local service or support operations, your warranty terms will vary and third parties may be responsible for providing you with warranty service. The term “you” and “your” refers to the individual or entity that has ordered a Hardware Product (as that term is defined in the Oracle Hardware Warranty Limited Warranty section below) from Oracle or an Oracle-authorized distributor to which this Oracle Hardware Warranty applies. The term “hardware” is defined as the hardware equipment, including components, options and spare parts. The term “integrated software” is defined as software embedded in the hardware which is essential to hardware functionality (e.g., firmware). To view a comparison of this Oracle Hardware Warranty and the previous version of the Oracle Hardware Warranty, please refer to the attached Statement of Changes (PDF). TRANSITION TO THE ORACLE HARDWARE WARRANTY Sun Microsystems Orders for Sun Microsystems hardware placed between March 16, 2010 and May 31, 2010 that include SunSpectrum Support will receive the Sun Microsystems warranty available prior to the March 16, 2010 introduction of the Oracle Hardware Warranty. Please refer to the attached document “Sun Microsystems Hardware Warranty Prior to March 16, 2010” (PDF) for the detail on the warranty available prior to March 16, 2010. All orders placed on or after June 1, 2010 will receive the Oracle Hardware Warranty. All orders placed between March 16, 2010 and May 31, 2010 that do not include SunSpectrum Support will receive the Oracle Hardware Warranty (but if such orders include SunSpectrum Support the “Sun Microsystems Hardware Warranty Prior to March 16, 2010” (PDF) will apply as stated above). Pillar Data Systems Orders for Pillar Data Systems hardware placed before October 1, 2011 will receive the Pillar Data Systems warranty available at the time the order was placed. Please refer to the attached document “Pillar Data Systems Hardware Warranty Prior to October 1, 2011” (PDF) for details on the warranty. All orders placed after October 1, 2011 will receive the Oracle Hardware Warranty. ORACLE HARDWARE LIMITED WARRANTY Oracle warrants that hardware and the Sun Remanufactured Equipment Program products, listed on the product price lists, (collectively “Hardware Products”) will be free from, and using the operating system and integrated software will not cause in the Hardware Product, material defects in materials and workmanship for one (1) year from the date the Hardware Product is shipped to you. Oracle warrants that the operating system media and the integrated software media (“Software Media”) will be free from material defects in materials and workmanship for a period of ninety (90) days from the date the Software Media is shipped to you. Oracle warrants that the StorageTEK LTO Ultrium media, DLT/SuperDLT media, 9840/9940 media, or T10000 media (“Tape Media”) will be free from material defects in materials and workmanship for a period of one (1) year from the date the Tape Media is shipped to you. Software Media and Tape Media may collectively be referred to as media. The Oracle Hardware Warranty applies only to those C74X Six Degrees ConsultingAttachment 1 Page 10 of 66 Hardware Products and media that have been (1) manufactured by or for Oracle, and (2) sold by Oracle (either directly or by Oracle-authorized distributor). Oracle Hardware Products may be new or like new. The Oracle Hardware Warranty applies to Hardware Products that are new and Hardware Products that are like-new which have been remanufactured and certified for warranty by Oracle. IF YOU EXPERIENCE A WARRANTY ISSUE Unless otherwise designated in writing by Oracle, Oracle and Oracle authorized service providers are the only parties authorized to perform warranty service on Oracle Hardware Products. Upon experiencing a warranty issue, please contact Oracle via My Oracle Support or contact the Oracle Technical Support Center for your country. Phone numbers and contact information can be found on Oracle’s support web site located here. If Oracle is not able to obtain entitlement information through the registration process, you will be asked to provide the following information when requesting warranty service: your name, address, and contact information; serial number; a description of your Hardware Product and system configuration; a description of the issue; and, if applicable, your Passport or Global Purchase Agreement number. You may be required to provide proof of purchase and/or proof of the installation date of your Hardware Product prior to receiving warranty service. WARRANTY SERVICE WEB Coverage: 24x7 – 365 Days per Year Phone Coverage: Local Business Hours Phone/Web Call Back Response (local business hours only): Severity 1 Issue – four (4) Hours Severity 2 Issue – eight (8) Hours Severity 3 Issue – Next Business Day Oracle will make commercially reasonable efforts to return your initial telephone or internet request for warranty service within the designated response time set forth above. If the "Hardware Products Delivery Method and Installation Chart" (PDF) specifies on-site warranty service for your Hardware Product and Oracle has determined that an on-site visit is required in order to address the warranty issue, the visit will be scheduled during local business hours excluding holidays. Oracle will make commercially reasonable efforts to respond on-site within two (2) business days for Hardware Products located within a designated Oracle Service Location. Please refer to the attached document below titled “Oracle Service Locations” (PDF) for a listing of service locations near you. For warranty service outside the identified service locations response times may be longer. In the event that Oracle determines that your issue can be addressed by shipping a replacement part to you for installation in your Hardware Product (a "Customer Replaceable Unit" or "CRU"), Oracle will ship a replacement part to your site ("Replacement CRU"). Based on availability, Oracle will use commercially reasonable efforts to ship the Replacement CRU within the response times set forth above starting once the diagnostic analysis is done. You are responsible for ensuring that the malfunctioning part or Hardware Product being replaced ("Malfunctioning Hardware") is returned to Oracle in accordance with all Oracle shipping or courier instructions. If you fail to return the Malfunctioning Hardware within forty-five (45) days of shipment to you, you will be charged the then-current fee for such Malfunctioning Hardware. Replacement CRUs will be of new or like-new quality. Title in all Malfunctioning Hardware shall transfer back to Oracle upon removal from your Hardware Product. Replacement CRUs assume the warranty status of the Hardware Product into which they are installed and have no separate or independent warranty of any kind. C74X Six Degrees ConsultingAttachment 1 Page 11 of 66 If your Hardware Product is designated as "Return to Oracle" on the "Hardware Products Delivery Method and Installation Chart" (PDF), on-site warranty service is not available for your Hardware Product. Instead, all warranty service will be provided in accordance with the Replacement CRU shipment process described above. It is your responsibility to back up all data on any hard drives or storage devices before returning Malfunctioning Hardware to Oracle. Oracle is not responsible for any data lost or damaged including lost or damaged as part of the warranty return or repair process nor for any associated data restoration. Further, it is your responsibility to ensure that no confidential, proprietary, or personal information remains on your Malfunctioning Hardware before returning it to Oracle. Oracle may require that you return your Hardware Product to the original factory-shipped hardware and software configurations before providing warranty service to you. In the event that an integrated software update is required in order to address your warranty issue, Oracle will provide you with instructions for obtaining the update, which may include agreement to additional licensing terms. You are responsible for implementing the necessary updates. The term “integrated software” is defined as software embedded in the hardware which is essential to hardware functionality (e.g., firmware). Any services provided for Hardware Products or media which are not covered by warranty will be billed on a time and materials basis. All response times are estimates only. Oracle will make commercially reasonable efforts to meet such response times; however, such response times are dependent upon factors such as location, resource availability, your enablement of remote support capabilities, and your availability. The response times apply to Hardware Products located within a twenty-five (25)-mile (forty [40]-kilometer) radius of designated service location. Please refer to the attached document titled “Oracle Service Locations” (PDF) for a listing of service locations. For Oracle to provide warranty service for Hardware Products relocated outside the original country of delivery, notice of Hardware Product relocation is required (unless the original country of delivery is in the European Union and the Hardware Product is relocated within the European Union). To provide notice of Hardware Product relocation, you must submit a completed Hardware Product Relocation Form which can be found here. If the original country of delivery is in the European Union, and the Hardware Product is relocated within the European Union, notice is not required; however, at your option, you may submit a completed Hardware Product Relocation Form to facilitate the provision of warranty service. Relocated Hardware Products will be entitled to the warranty service available in the country to which the Hardware Product is relocated. TOOLS USED TO PERFORM WARRANTY SERVICES Oracle may make available collaboration tools (such as tools that enable Oracle, with your consent, to access your Hardware Products (e.g. Oracle Shared Shell for hardware)) and software tools (such as tools to assist in the collection and transmission of configuration data (e.g. Auto Service Request)) to assist with warranty issue resolution. The tools are licensed under the My Oracle Support Terms of Use, and may be subject to additional terms provided with the tools. Some of the tools are designed to collect information concerning the configuration of your computer environment (“tools data”). The tools will not access, collect or store any personally identifiable information (except for warranty service and technical support contact information) or business data files residing in your computer environment. By using the tools, you consent to the transmission of your tools data to Oracle for the purposes of providing reactive and proactive warranty services. In addition, the tools data may be used by Oracle to help Oracle improve upon product and service offerings. Some of the tools may be designed to connect automatically or on a periodic basis and you may not receive a separate notice upon connection. You are responsible for maintaining the telecom gateway through which the tools communicate tools data to Oracle. Use of the tools is voluntary; however, refusal to use the tools may impede Oracle’s ability to provide warranty service to you. C74X Six Degrees ConsultingAttachment 1 Page 12 of 66 Further details about some of the current tools Oracle uses to provide warranty services, and the data collected and how it is used, are described in the Global Customer Support Security Practices and on My Oracle Support. You may contact your Oracle sales representative or call your local Customer Support office for more details regarding the tools and availability. If Oracle expressly provides in the tools documentation, an ordering document, or readme that the tool is provided under separate license terms ("Separate Terms") then the Separate Terms shall govern your access and use of the tool. Similarly, embedded third party software, or third party software, licensed under Separate Terms (for example Mozilla and LGPL) may be required to access or run the tools per the tools documentation or readme. Your rights to use a tool or software licensed under Separate Terms shall not be restricted or modified in any way by your agreement with Oracle. Auto Service Request Auto Service Request (“ASR”) allows Oracle hardware which is ASR-enabled to automatically initiate a service request when specific hardware faults occur by sending fault telemetry information to Oracle. If the ASR enabled hardware is entitled to service, a service request will be initiated on your behalf. The specific hardware faults detected by ASR vary by product type, product version and operating system. Not all hardware faults are detected or sent to Oracle. The ASR fault coverage is subject to change by Oracle at any time and without prior notice. GLOBAL CUSTOMER SUPPORT SECURITY PRACTICES Oracle is deeply committed to the security of its warranty services. In providing warranty services, Oracle will adhere to the Global Customer Support Security Practices, which are available at http://www.oracle.com/us/support/policies/index.html. The Global Customer Support Security Practices are subject to change at Oracle’s discretion; however, Oracle will not materially reduce the level of security specified in the Security Practices during the warranty period. To view changes that have been made, please refer to the attached Statement of Changes (PDF). WHAT THE ORACLE HARDWARE LIMITED WARRANTY DOES NOT COVER Oracle does not provide any warranties for Hardware Products, the operating system or the integrated software other than those described above. For software licensed by Oracle under a separate license agreement, you may be entitled to certain warranties as described in your software license agreement. ORACLE DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATIONS OF ANY HARDWARE PRODUCTS. No warranty will apply to any Hardware Product, operating system, integrated software or media that has been (i) modified, altered or adapted without Oracle's written consent (including modification or removal of the Oracle/Sun serial number tag on the hardware); (ii) maltreated or used in a manner other than in accordance with the relevant documentation ; (iii) repaired by any third party in a manner which fails to meet Oracle's quality standards; (iv) improperly installed by any party other than Oracle or an authorized Oracle certified installation partner; (v) used with equipment or software not covered by this warranty, to the extent that problems are attributable to such use; (vi) relocated, to the extent that problems are attributable to the relocation; (vii) used directly or indirectly in supporting activities prohibited by U.S. or other national export regulations; (viii) used by parties appearing on the most current U.S. export exclusion list; (ix) relocated to countries subject to U.S. trade embargo or restrictions; or (x) used remotely to facilitate any activities in the countries referenced in (ix) above; or (xi) purchased from any entity other than Oracle or an Oracle authorized distributor. This warranty does not apply to normal wear of the Hardware Products or media. The Oracle Hardware Warranty is extended only to the original purchaser or original lessee of the Hardware Product and may be void in the event that title to the Hardware Product is transferred. The C74X Six Degrees ConsultingAttachment 1 Page 13 of 66 Oracle Hardware Warranty does not apply to any products with a prefix of “Y.” Products with a prefix of “Y” can be found here. If your Hardware Product contains remote support capabilities, your failure to enable and use such capabilities during the warranty period may adversely impact Oracle's ability to respond to your requests for warranty service. Oracle's obligation to deliver warranty service is conditioned upon you fulfilling your obligations identified in this Oracle Hardware Warranty. Your failure to meet your obligations may result in no warranty service being provided or a delay in the provision of warranty service. THIRD-PARTY PRODUCTS Installation of non-Oracle product by you, or your representative (other than by Oracle), into a Hardware Product is strongly discouraged due to the hardware warranty implications outlined below. Oracle does not warrant any other third-party products installed into or attached to Hardware Products. Further, if third-party product is installed, or fails, in a manner that damages the Hardware Product, then the hardware warranty will not cover such damage. Replacement or repair of any damaged components in these situations would be subject to additional charges. Installation of non-Oracle product into an Oracle Hardware Product may also impede and/or add costs in obtaining warranty services for certain failure conditions. Interoperability, timing, and intermittent failures are some examples of failure conditions that may require the removal or replacement of the third-party product from the Hardware Product. For those failure conditions directly or indirectly related to third-party product (which would include any components accessing or connected to that product that are exhibiting failures), Oracle may, at its sole discretion, remove the third-party product, or require the customer to remove the third- party product, before commencing with the troubleshooting process. Oracle's services for removing the third-party product will be subject to additional charges. If it is determined that the cause of the failure is the third-party product, then Oracle will charge for the entire service call. If it is determined that the third-party product is not the cause of the failure (i.e., if the problem would have occurred even if third-party product was not installed in or attached to the Hardware Product), then Oracle's service call will be addressed under the terms of the Oracle Hardware Warranty; provided that the removal of any third-party product by Oracle will be subject to additional charges. LIMITATIONS NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE ARISING OUT OF OR RELATED TO THIS WARRANTY HOWEVER THEY ARISE, WHETHER IN CONTRACT OR TORT, OR OTHERWISE. YOUR SOLE AND EXCLUSIVE REMEDY AND ORACLE'S ENTIRE LIABILITY FOR BREACH OF WARRANTY WILL BE: (A) THE REPAIR OR, AT ORACLE'S OPTION AND EXPENSE, REPLACEMENT OF THE DEFECTIVE PRODUCT, OR (B) IF SUCH REPAIR OR REPLACEMENT IS NOT REASONABLY ACHIEVABLE, THE REFUND OF THE FEES YOU PAID ORACLE FOR THE DEFECTIVE PRODUCT AND THE REFUND OF ANY UNUSED PREPAID TECHNICAL SUPPORT FEES YOU HAVE PAID FOR THE DEFECTIVE PRODUCT. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS WITH C74X Six Degrees ConsultingAttachment 1 Page 14 of 66 RESPECT TO THE ABOVE ITEMS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITYAND FITNESS FOR A PARTICULAR PURPOSE. Nothing in this Oracle Hardware Warranty affects any statutory rights of consumers or other purchasers that cannot be waived or limited by contract. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state, country to country and jurisdiction to jurisdiction. CONTACT INFORMATION Phone numbers and contact information can be found on Oracle’s support web site located here. 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