Oracle Ordering Document Page 1 Version 1.0
Oracle Software Ordering Document
Partner Name: Applications Software
Technology LLC
Partner AP Contact: Accounts Payable
Phone: 630-778-1180
Address: 4343 Commerce Ct, Ste 701 Email Address: [email protected] City: Lisle Fax Number: 630-778-1179
State/Providence: IL
Postal Code: 60532
End User Name: City of San Bernardino End User Technical Contact: Jeannie Fortune Address: 300 North D Street Phone: (909) 384-5345
City: San Bernardino Fax:
State/Providence: CA End User Contact Email Address: [email protected] Postal Code: 92418
A. Programs and Program Related Service Offerings
The following programs (“Oracle Software”) are for use by the City of San Bernardino as the end user (“End User”).
New Subscription
Services Period: 60 months
Part
Number Product Metric Quantity
B85800 Oracle Fusion Human Capital Management Base Cloud Service Hosted Employee 1000
B87388 Oracle Fusion Human Resource Help Desk Cloud Service Hosted Employee 1000 B89482 Oracle Fusion Workforce Health and Safety Incidents Cloud Service Hosted Employee 1000
B95499 Oracle Fusion HCM Communicate Cloud Service Hosted Employee 1000 B94925 Oracle Fusion Talent Management Cloud Service Hosted Named User 1000 B95573 Oracle Fusion Touchpoints Cloud Service Hosted Named User 1000 B94933 Oracle Fusion Workforce Compensation Cloud Service Hosted Employee 1000 B86334 Oracle Fusion Payroll Cloud Service for United States Hosted Employee 1000 B75365 Oracle Fusion Time and Labor Cloud Service Hosted Named User 1000 B84490 Oracle Additional Test Environment for Oracle Fusion Cloud Service Each 1
B84490 Oracle Additional Test Environment for Oracle Fusion Cloud Service Each 1
B87365 Oracle HIPAA Advanced Security for Fusion SaaS in the Oracle Public Cloud Each 1
B85242 Oracle Fusion Learning Cloud Service Hosted Named User 1000 B95657 Oracle Fusion Learning Connect Cloud Service Hosted Named User 1000 Oracle Ordering Document Page 2 Version 1.0
B91074 Oracle Enterprise Performance Management Enterprise Cloud Service Hosted Named User 45
B91077 Oracle Additional Application for Oracle Enterprise Performance Management Enterprise Cloud Service Hosted Environment 4 B91939 Oracle Digital Assistant Platform for SaaS Hosted Employee 1000 B91084 Oracle Fusion Enterprise Resource Planning Cloud Service Hosted Employee 1000
B91086 Oracle Fusion Procurement Cloud Service Hosted Employee 1000 B86841 Oracle Fusion Document Recognition Cloud Service Hosted Employee 1000 B. TERMS FOR ORDERED CLOUD SERVICES
1. Oracle Contract Information
This Oracle Software Ordering Document (“Ordering Document”) incorporates by reference the terms of the Oracle Public Sector Agreement for Oracle Cloud Services (“End User Agreement”) listed below:
End User Cloud Services Agreement:
Oracle Public Sector Agreement for Oracle Cloud Service - Agreement No.: US-CSA-CPQ-3234002.
2. Ordered Cloud Services
You have ordered the Oracle Cloud Services described in the table above located in Section A.
3. Fees
Your payment frequency shall be annual in advance. All fees payable are due as per the due date on the invoice. Once placed, the order is non-cancelable and the sums paid are nonrefundable, except as otherwise provided herein. Except for an event of non-appropriation as described in section C 1 below, termination shall be governed by the terms in End User Agreement between Oracle and the End User.
4. Offer Validity
This Ordering Document is valid through – 30-NOV-2024
5. Data Center Region
The service environment (as defined in the End User Agreement) will reside in the data center region of "North America", which for purposes of this Ordering Document means the United States.
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6. Price Hold for Cloud Services
During the service period, you may order additional quantities of the cloud services acquired under this Ordering Document specified in Exhibit A – Software Pricing Details. This price hold does not apply to Eloqua Marketing Platform Cloud Service, or to any renewals or extensions of the cloud services ordered under this Ordering Document, cloud services ordered pursuant to a separate Oracle discount or promotion, or to any cloud services other than those listed in the initial purchase under this Ordering Document.
C. ADDITIONAL TERMS
1. Non-Appropriation
In the event funds are not appropriated for a new fiscal year period (“Non- Appropriation”), You may terminate this order immediately without penalty or expense upon written notice to the reseller and to Oracle; provided, however, that: (a) for each of the whole or partial 12-month terms of the order, You must provide a purchase order, and (b) Your issuance of each whole or partial 12-month purchase order shall signify to Oracle that all funds for the given whole or partial 12-month term have been fully appropriated and encumbered.
Notwithstanding the foregoing, You agree to pay for all Services performed by Oracle prior to Oracle's and the reseller's receipt of Your notice of non-appropriation."
2. No Auto-Renewal
Notwithstanding any statement to the contrary, You expressly agree that the services acquired under this Ordering Document will not automatically renew.
3. Option Years
At the end of the initial 60-month subscription period, You shall have an option to renew your subscription for the same services listed in section A, at the same usage limits for five (5) additional 12-month renewal period at a 2% uplift. Professional Services are not included in the Option Periods. •Option Year 1 (2029-2030) – 1.02
•Option Year 2 (2030 – 2031) – 1.02
•Option Year 3 (2031-2032) - 1.02
•Option Year 4 (2032-2033) - 1.02
•Option Year 5 (2033-2034) - 1.02
You must provide a minimum of 30 days notice prior to the expiration of a service term of your intent to exercise an Option Period and execute an order for the new option period prior to the expiration date of the existing service period. The Cloud Services listed above may not be renewed at the option year pricing listed above if: (i) Oracle is no longer making such Cloud Services generally available to customers, or (ii) You are Oracle Ordering Document Page 4 Version 1.0
seeking to cancel or reduce the number of user licenses of the Cloud Services outlined in this Ordering Document.
4. Business Associate Agreement
You must enter into the Business Associate Agreement (the “BAA”) attached as Exhibit to this order. So long as You maintain a license to Part B87365 - Oracle HIPAA Advanced Security for Fusion SaaS in the Oracle Public Cloud, the Cloud Services will be covered by Oracle's HIPAA assessment and the BAA applies to such Cloud Services. If You want to terminate Your license to B87365 - Oracle HIPAA Advanced Security for Fusion SaaS in the Oracle Public Cloud, You must provide written confirmation that Your Content in the Cloud Services contains no Protected Health Information. Upon providing such confirmation, You acknowledge that the BAA will be deemed terminated and the Cloud Services will no longer be covered by Oracle's HIPAA assessment.
5. End User Agreement
Notwithstanding anything to the contrary in the partner agreement, upon request from Oracle, you agree to submit to Oracle a signed copy of the end user agreement related to this order and any ordering documents, purchase agreements and other documents between you and the end user that together with the end user agreement form the complete end user contract related to this order and include the terms and conditions set forth below.
D. Other
1. Order of Precedence:
In the event of inconsistencies between the terms contained in this Ordering Document and the End User agreement referenced above this Ordering Document will control over conflicting terms.
2. Entire Agreement
You acknowledge that your actions of completing this form and submitting it electronically constitute your execution of this Ordering Document and End User Agreement to its terms. You agree that the End User Agreement referenced in this Ordering Document constitute the entire agreement between you, and Oracle with regard to the subject matter herein and as such, no other preprinted, non-negotiated or other terms and conditions on any document provided by You (e.g., on a purchase order or elsewhere) shall apply.
The signature below affirms your commitment to pay for the cloud services ordered in accordance with the terms of this Ordering Document.
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IN WITNESS WHEREOF, the parties hereto have caused this Ordering Document to be executed and delivered by their respective, duly authorized representatives.
City of San Bernardino Applications Software Technology LLC 300 North D Street 4343 Commerce Court, Suite 701
San Bernardino, CA 92418 Lisle, IL 60532
By: ___________________________________ By: ________________________________ (Signature) (Signature)
Name: ________________________________ Name: _____________________________ Title: _________________________________ Title: _______________________________ Date: _________________________________ Date: ______________________________