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.
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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.
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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
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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
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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
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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:
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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.
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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).
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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)
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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.
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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
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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.
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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.
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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
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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
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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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