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Item 09 -Agreements for Enterprise Resource Planning System Software
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Item 09 -Agreements for Enterprise Resource Planning System Software
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7/9/2025 10:30:47 AM
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7/9/2025 9:26:33 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Information Technology
Item #
09
Date
7/15/2025
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June 9, 2025 <br />Page 34 of 37 <br />Issued by Graviton Consulting Services, Inc. <br /> <br /> <br />A. DESCRIPTION AND PRICES FOR ORDERED CLOUD SERVICES <br /> <br />1. Cloud Services Ordered <br />City of Santa Ana, CA (“City”, “You”, “Your”, or “End User”), has ordered the cloud services described above from Graviton Consulting <br />Services, Inc. (“Graviton”). Your use of these cloud services is subject to the terms in this Ordering Document (the “Order” or “Ordering <br />Document”) and the Oracle Cloud Services executed between You and Oracle America, Inc. <br /> <br />B. TERMS AND FEES FOR ORDERED CLOUD SERVICES <br /> <br />1. Oracle Contract Information <br />a. Agreements. <br />End User Cloud Services Agreement. <br />The end user cloud services agreement applicable to this order is the following: <br />Effective Version Date: <br />Oracle Cloud Services Agreement US-CSA-CPQ-3330527 v062223 <br /> <br /> <br />2. Currency: <br />All fees on this ordering document are in US Dollars. <br /> <br />3. Terms: <br />All products and services listed on this order are provided by Oracle under, and subject to, the terms of this order, includi ng the <br />agreement and all Oracle documents referenced in this order. You indicate your agreement to the terms of this order, including the <br />agreement, by signing this order, and you represent that you have the authority to bind the company to whom this order is add ressed <br />above to the terms of this order and the agreement. As applicable, Oracle process es a partner's order after receipt of a purchase order or <br />a valid credit card. Any terms and conditions on your purchase order are void and have no legal effect. For cloud services, y ou may not <br />reduce the quantity of services purchased hereunder for distribution to the end user (e.g., user or record counts, storage, etc.), in whole <br />or in part, during the Services Period set forth above. The Services Period for the cloud services commences on September 1 5, 2025. <br /> <br />4. Fees: <br />The cloud services payment frequency applies to all cloud services fees and taxes. All fees payable to Graviton are due 45 days from the <br />invoice date. Once placed, your order is non-cancelable and the sums paid nonrefundable, except as otherwise provided herein or in the <br />agreement. You will pay any sales, value-added or other similar taxes imposed applicable law that Graviton must pay based on the cloud <br />services You ordered, except for taxes based on Graviton’s income. Unless specifically stated otherwise, fees for cloud services listed in <br />this Order are exclusive of taxes and expenses. You agree not to disclose the terms of this ordering document to any third party. <br />Cloud Services Payment Frequency: Your payment frequency is Monthly in Arrears as described in the service specifications. The <br />service specifications applicable to the cloud services and the consulting/professional services ordered may be accessed at <br />www.oracle.com/contracts. <br />Cloud Services Overage Bill To: In the event of an overage as described in the service descriptions, You shall be invoiced for such <br />overage(s). <br /> <br />5. Offer Validity: <br />This order is valid through 30-SEP-2025 and shall become binding upon execution by You and acceptance by Graviton. <br /> <br />6. Data Center Region <br />Your services environment (as defined in the CSA) will reside in the data center region identified in the table above. <br /> <br />7. Funded Allocation Additional Terms <br />As described in the Oracle PaaS and IaaS Universal Credits – Service Descriptions document available at <br />http://www.oracle.com/contracts, the following terms apply to your Oracle PaaS and laaS Universal Credits. <br />Under the "Funded Allocation Model", Oracle and Graviton allow You the flexibility to fund an annual amount to Oracle as specified in the <br />"Funded Allocation Value" in Your Order, which is to be applied towards the future usage of eligible Oracle IaaS and PaaS Clo ud Services <br />specified in the rate card attached to Your Order or as seen in the Cloud Portal provided such Cloud Services are available in production <br />release when ordered, at the fees specified in the rate card. The total Funded Allocation Value of Your Order is reflected in the "Funded <br />Allocation Value" column and the applicable Services Period for that value will be as specified in Your Order. Graviton will invoice you <br />monthly in arrears based on your actual usage for the prior month at the rates for each activated Oracle IaaS and PaaS Cloud Service as
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