HomeMy WebLinkAboutC-2860Your Name
Your Location
New Subscription
City Of Arcadia, CA
240 W. Huntington DR
Arcadia
CA 91007
io0- to 0
Your Contact
Phone Number
Email Address
Oracle America, Inc.
500 Oracle Parkway
Redwood Shores, CA 94065
Jeannette Flores
626574 -5457
jflores @ci.arcadia.ca.us
Cloud Services
I Service Period: 36 months
Cloud Services Fees
Data Center Region: North America
Quantity Term
List Fee Discount% Unit Net Price
Net Fee
868226 - Oracle TBE Recruiting Premium
1 36 mo
5,004.00 15.00 118.15
4,253.40
Active User Cloud Service - Hosted
Named User
B68227 - Oracle TBE Recruiting Manager
2 36 mo
2,088.00 15.00 24.65
1,774.80
Cloud Service - Hosted Named User
Subtotal
7,092.00
6,028.20
Cons uRing/Pro essional Services Fees Quantity List Fee Discount % Net Fee
669610 - Oracle TBE Recruiting Implementation - Premier 1 3,800.00 9.90 3,423.80
Other Fees 3,423.80
Fee Descry" tion
Net Fee
Cloud Services Fees
6,028.20
Consulting / Professional Services Fees
3,423.80
Total Fees
1
9,452.00
A. Ordered Services
1. Agreement
a. This order incorporates by reference the terms of the Oracle Cloud Services Agreement v120112 which may be viewed at www.oracle.com /contracts
and all amendments and addenda thereto (the "Agreement'). The defined terms in the Agreement shall have the same meaning in this order unless
otherwise specified herein.
2. Offer Validity
This order must be executed by You and Oracle on or before 31- JAN -2014, to be valid. The signature below affirms Your commitment to pay for the
services ordered in accordance with the terms of this Ordering Document and the Agreement.
B. General Terms
1. Summary of Fees
All fees on this ordering document are in US Dollars.
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2. Terms of Use:
All products and services listed on this Ordering Document are provided by Oracle under, and subject to, the terms of this Ordering Document, including
the Agreement and all Oracle documents referenced in this Ordering Document. You indicate Your agreement to the terms of this Ordering Document,
including the Agreement, by signing this Ordering Document, and You represent that You have the authority to bind the company to whom this Ordering
Document is addressed above to the terms of this Ordering Document and the Agreement. Oracle normally processes a customer's order after receipt of
a purchase order or a valid credit card. Any terms and conditions on Your purchase order are void and have no legal effect. For Cloud Services, You may
not reduce the quantity of services purchased hereunder (e.g., user or record counts, storage, etc.), in whole or in part, during the Services Period set forth
above. In the event of any conflict between the terms of this Ordering Document and the terms of the Agreement, the terms of this Ordering Document
shall govern. The Services Period for the Cloud Services commences on the date stated in the Ordering Document, or, if none is provided in the Ordering
Document, the day the User login names and password are issued to You to access the Cloud Services under the Ordering Document (the "Cloud
Services Start Date "). You must maintain a current subscription to applicable Oracle Cloud Services for the duration of any Consulting /Professional
services ordered under this Ordering Document.
3. Payment Terms
a. The Cloud Services Payment Frequency applies to all Cloud Services fees and taxes, and the Consulting /Professional Services Payment Frequency
applies to all fees and taxes for Consulting /Professional Services. All fees payable to Oracle are due within 30 days from the invoice date. Once placed,
Your order is non - cancelable and the sums paid nonrefundable, except as otherwise provided herein or in the Agreement. The fees for services listed in
this Ordering Document are exclusive of expenses and all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment
of expenses and all such taxes, levies, and duties invoiced by Oracle, except for taxes based solely on Oracle's net income. Please note that if the pre -tax
value of this Ordering Document is USD 2,000 or less, the products and Cloud Services listed on this Ordering Document must be purchased by credit
card. Purchase orders and checks are no longer accepted for transactions of this size. Consulting /Professional Services may not be purchased by credit
card irrespective of the transaction size, You agree not to disclose the terms of this Ordering Document to any third party.
Cloud Services Payment Frequency: Your payment frequency is annual in advance.
Consulting /Professional Services Payment Frequency:
Unless otherwise specified in services descriptions applicable to the consulting /professional services you have ordered, or in an exhibit specifying the
consulting /professional services you have ordered, the fees for services and any applicable taxes shall be invoiced upon Your execution of and Oracle's
acceptance of this order. Fees for services may be invoiced in advance of services being provided. You are responsible for payment of expenses, if any.
Expenses will be invoiced monthly as they are incurred and are due within 30 days from the invoice date.
4. Renewal of Cloud Services:
At the end of the Services Period, if all Cloud Services ordered under this Ordering Document are identified as Auto Renewal eligible in the applicable
Service Specifications, the Cloud Services will Auto Renew for additional Services Periods subject to Your payment of fees and to the terms of this
Ordering Document and the Agreement. Otherwise, all Cloud Services ordered under this Ordering Document will not Auto Renew (regardless of whether
some Cloud Services are identified as Auto Renewal eligible) and may be renewed for one additional Services Period of equal duration to the Services
Period under this Ordering Document, subject to Your placement of a renewal order and payment of fees for such Cloud Services. For Cloud Services that
are identified as Auto Renewal eligible (and regardless of whether they actually renew through Auto Renewal), the Unit Net Price for the renewal will be
the Unit Net Price for such Cloud Service set forth in this Ordering Document. For Cloud Services that are not identified as Auto Renewal eligible, the Unit
Net Price for the renewal will not increase by more than 4% of the Unit Net Price for such Cloud Service set forth in this Ordering Document. The Cloud
Services may not be renewed as described in this paragraph if: (i) Oracle is no longer making such Cloud Services generally available to commercial
customers, or (ii) You are seeking to cancel or reduce the ordered quantity of the Cloud Services set forth in this Ordering Document.
5. Price Hold for Cloud Services
During the Services Period, You may order additional quantities of the Cloud Services acquired under this Ordering Document at the Unit Net Price
specified above. This price hold does not apply to any renewals or extensions of the Cloud Services ordered under this Ordering Document, to 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. Service Specifications
1. Service Specifications:
The Service Specifications that govern the Services ordered consist of the documents listed below, which are incorporated into this Ordering Document.
The Service Specifications are subject to change at Oracle's discretion, however, Oracle changes to the Service Specifications will not result in a material
reduction in the level of performance or availability of the applicable Services provided to You for the duration of the Services Period. The terms of the
Service Specifications will govern over any conflicting term in this Ordering Document or the Agreement. For the purposes of this Ordering Document,
references to the term "Customer" in any document within the Service Specifications shall mean "You" as defined in this Ordering Document.
• Service Descriptions and Metrics
Oracle service descriptions and metrics govern Cloud Services and Consulting /Professional Services. You may access the version of these descriptions
and metrics that apply to the Cloud Services and Consulting /Professional Services that You have ordered at www.oracle.com /contracts.
• Cloud Hosting and Delivery Services Policies
Cloud Hosting and Delivery Services Policies describe and govern Cloud Services. You may access the version of these policies that apply to the Cloud
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Services that You have ordered at www.oracle.com /contracts.
• Program Documentation
Program Documentation refers to the program user manuals for the Oracle Programs for Cloud Services, as well as any help windows and read me files
for such Oracle Programs that are accessible from within the service. The Program Documentation describes technical and functional aspects of the
Oracle Programs. You may access the documentation online at www.oracle.com /contracts.
2. Assumptions and Obligations for Consulting /Professional Services
a. Assumptions and obligations for Consulting /Professional Services:
Upon Oracle's reasonable request, you agree to provide Oracle access to relevant resources with knowledge to support the performance of the services.
You will provide for all Oracle resources performing services at Your site, a safe and healthful workspace (e.g. a workspace that is free from recognized
hazards that are causing, or likely to cause, death or serious physical harm, a workspace that has proper ventilation, sound levels acceptable for
resources performing services in the workspace, and ergonomically correct work stations, etc.).
Any request for changes in consulting /professional services must be in writing; this includes changes in project plans, scope, specifications, schedule,
designs, requirements, service deliverables, software environment, hardware environment or any other aspect of Your order. Oracle shall not be obligated
to perform tasks related to changes in time, scope, cost, or contractual obligations until You and Oracle agree in writing to the proposed change in an
amendment to Your order.
As required by U.S. Department of Labor regulations (20 CFR 655.734), You will allow Oracle to post a notice regarding Oracle H -1B employee(s) at the
work site prior to the employee's arrival on site.
3. Consulting /Professional Services Specifications
• Consulting /Professional Services
Consulting /Professional Services you have ordered under this Ordering Document are described in and governed by the Consulting /Professional Services
service descriptions found at www.oracle.com /contracts.
D. Other
1. Order of Preference
a. In the event of inconsistencies between the terms contained in this order and the Agreement referenced above in Section A.1, this Ordering Document
shall take precedence. This Ordering Document will control over the terms contained in any purchase order.
City Of Arcadia, CA
Authorized Signature����
Name Dominic Lazzaretto
Title City Manager
Signature Date January 14, 2014
APPROVED AS TO FORM;
Stephen P. Deitsch
City Attorney
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