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Home My WebLink About20212080.tiffMEMORANDUM TO: Esther Gesick, Clerk to the Board July 12, 2021 FROM: Ryan Rose, Chief Information Officer SUBJECT: Oracle America, Inc. License Expansion Oracle America, Inc. provides Weld County with software utilized by the Human Resources and Payroll departments. The software is used by these departments to manage employee data and run payroll. The attached agreement between the Board Of County Commissioners and Oracle America, Inc. is to expand the licenses which are based on employee counts provided to Oracle America, Inc. by Accounting. The cost for this request is $16,381.96 and was reviewed by Legal. We ask that the BOCC approve the agreement as submitted. e!OxiSit-da-C-T--r) 7 i9 -G2/ 2021-2080 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Oracle America, Inc. DEPARTMENT: Information Technology PERSON REQUESTING: Ryan Rose, CIO �3".. DATE: 06/24/2021 Brief description of the problem/issue: Oracle America, Inc. provides software to Weld County. The software is used by the Human Resources and Payroll departments to manage employee data and run payroll. This agreement is to expand the number of licenses which is based on employee count provided to Oracle America, Inc. by Accounting. The requested amount for this license expansion is $16,381.96. What options exist for the Board? (include consequences, impacts, costs, etc. of options): This vendor specializes in selling and supporting this software. Recommendation: It is recommended that the BOCC approved the agreement for the above specified amount. Perry L. Buck Mike Freeman Scott K. James, Pro -Tern Steve Moreno, Chair Lori Saine Approve Schedule Reco mendation Work Session Other/Comments: ORDERING DOCUMENT Oracle America, Inc. 500 Oracle Parkway Redwood Shores, CA 94065 Name Address Weld County Weld County IT 1401 N 17th Avenue GREELEY CO 80631 Contact Phone Number Email Address Ronna Brickman +1 (970)-400-2549 Billing.IT@weldgov.com Programs and Prograrw1 I elated Service.O ferings Itet L r Number rDescription f License hype . „ r Quantity ' Net Fed _ 1.0 1.1 L32425 PeopleSoft Enterprise Time and Labor - Enterprise Employee Perpetual Software Update License & Support 110 3,649.31 184.77 2.0 2.1 L32422 PeopleSoft Enterprise Human Resources - Enterprise Employee Perpetual Software Update License & Support 110 6,137.47 310.74 3.0 3.1 L32431 PeopleSoft Enterprise ePerformance - Enterprise Employee Perpetual Software Update License & Support 110 3,483.43 176.37 4.0 4.1 L46790 PeopleSoft Enterprise Payroll Interface - Enterprise Employee Perpetual Software Update License & Support 110 2,322.29 117.58 Program -Related Technical Support Fees 789.46 Total Programs and Program -Related Service Offerings Fees 16,381.96 scription et Fee Program Fees 15, 592.50 Program -Related Service Offering Fees 789.46 Total Fees 16,381.96 CPQ-2130988 - 1 Issued by Oracle America, Inc. 4 -JUN -2021 Page 1 of 4 A. Agreement and Modifications to the Agreement 1. Agreement a. This order incorporates by reference the terms of the Oracle License and Services Agreement v110711 and all amendments and addenda thereto (the "Master Agreement"). The fallowing defined and capitalized terms in the Master Agreement shall have the same meaning as the stated terms in this order: "agreement" and "Master Agreement"; "programs" and "Programs"; "program documentation" and "Program Documentation"; "Services" and "Program -related Service Offerings"/"Service Offerings"; "Software Updates" or "Product Support" and "Software Update License & Support"; "you/your" and "You"/"Your". b. The parties agree that the expired time period during which orders may be placed, as set forth in the Master Agreement, shall not negate the applicability of the Master Agreement with respect to this order. B. General Terms 1. Summary of Fees a. Listed above is a summary of net fees due under this order. All fees on this order are in US Dollars. b. You have ordered Hardware and/or Programs and 84 days (June 9, 2021 —August 31, 2021) of technical support services. 2. Technical Support a. Software Update License & Support (or any successor technical support offering to Software Update License & Support, "SULS") acquired on this order may be renewed annually and, if You renew SULS for the same number of licenses for the same Programs, for the first and second renewal years the fee for SULS will not increase by more than 4% over the prior year's fees. For the purposes of calculating the SULS fees for the first and second renewal years, the prior year's fees for the first renewal year is based upon twelve months of technical support and is equal to US Dollars 3,430.35. 3. Commencement Date a. The "Commencement Date" refers to the date of shipment of tangible media or the effective date of this order if shipment of tangible media is not required. 4. Territory a. The Program licenses included on this order are for use in the United States. 5. Delivery and Installation a. You are responsible for installation of the Programs unless the Programs have been pre -installed by Oracle on the Hardware You are purchasing under the order or unless You purchase installation services from Oracle for those Programs. b. Notwithstanding anything to the contrary in the Master Agreement, Orade has no delivery obligation under this order. You acknowledge that Oracle has delivered to Your location, 1 copy of the software media and 1 set of Program Documentation (in the form generally available) for each Program listed in the Program and Program -Related Service Offerings section above. c. Oracle has made available to you for electronic download at the electronic delivery web site located at the following Internet URL: http://edelivery.oracle.com/ the programs listed above. Through the Internet URL, you may access and electronically download to the location indicated in this order the current production release (i.e., as of the effective date of this order) of the software and related program documentation for each program listed above. Please be advised that not all programs are available on all hardware/operating system combinations. For current program availability, please check the electronic delivery web site specified above. You acknowledge that Oracle is under no further delivery obligation under this order, electronic download or otherwise. Provided that you have continuously maintained technical support for the programs for the licensed quantities listed above, Oracle will make available to you for electronic download the updates provided under technical support to the programs listed above. Should you require a replacement copy of the software or program documentation, such replacement copy shall also be delivered electronically. You shall not be entitled to any replacement copy in the form of tangible media for the software or the program documentation. You acknowledge and agree that (a) as of the effective date of this order, you have not received any tangible media for the programs listed above, (b) any rights to receive tangible media granted under the agreement shall not be applicable to or provided for the programs listed above or for any updates to these programs, (c) you have requested to receive via electronic delivery all updates for the programs listed above that are provided by Oracle under Oracle's technical support services, and (d) you are solely responsible for ensuring that you do not order tangible media from Oracle for the programs which you receive via electronic deivery or for any updates to these programs. In the event that you order updates for delivery via tangible media shipment (e.g., shipment of CD Pack(s)), sales taxes and interest may be due, and you agree to reimburse Oracle for any applicable sales taxes and interest (the interest rate used will be the applicable state's rate on sales tax underpayments) related to acquisition of such updates (as specified in the agreement). 6. Effective Date a. The effective date of this order is 9 -JUN -2021. CPQ-2130988 - 1 Issued by Orade America, Inc. 4 -JUN -2021 Page 2 of 4 7. Pricing Invoicing and Payment Obligation a. Provided that you comply with the delivery terms in the Delivery and Installation Section of this order, in those jurisdictions that exempt from sales or use taxes electronically downloaded software, Oracle will not invoice you for those taxes based on the net license fees and net technical support fees for the programs listed above delivered via electronic download and for all updates to these programs delivered via electronic download. b. In entering into payment obligations under this order, You agree and acknowledge that You have not relied on the future availability of any Program or updates. However, (a) if You order technical support, the preceding sentence does not relieve Oracle of its obligation to provide such technical support under the Master Agreement, if and when available, in accordance with Oracle's then current technical support policies, and (b) the preceding sentence does not change the rights granted to You under this order and the Master Agreement. c. Program fees are invoiced as of the Commencement Date for the Programs. d. Program -related Service Offering fees are invoiced in arrears of the Program -related Service Offering performance; specifically, technical support fees are invoiced quarterly in arrears. The period of performance for all Program -related Service Offerings is effective upon the Commencement Date. e. You understand that You may receive multiple invoices for the products and/or Service Offerings You ordered. Invoices will be submitted to You pursuant to Oracle's Invoicing Standards Policy, which may be accessed at http://oracle.com/contracts. 8. Fees a. Once placed, Your order shall be non -cancelable and the sums paid nonrefundable, except as provided in the Master Agreement. 9. Order of Precedence a. In the event of inconsistencies between the terms contained in this order and the Master Agreement, this order shall take precedence. This order will control over the terms contained in any purchase order. 10. Offer Validity a. This order is valid through 9 -Jun -2021, and shall become binding upon execution by You and acceptance by Oracle. 11. Segmentation The purchase of any products (i.e., hardware (including integrated software and operating system) and programs) and related Service Offerings or other Service Offerings are all separate offers and separate from any other order for any products and related Service Offerings or other Service Offerings You may receive or have received from Oracle. You understand that You may purchase any products and related Service Offerings or other Service Offerings independently of any other products or Service Offerings. Your obligation to pay for (a) any products and related Service Offerings is not contingent on performance of any other Service Offerings or delivery of any other products or (b) other Service Offerings is not contingent on delivery of any products or performance of any additional/other Service Offerings. You acknowledge that You have entered into the purchase without reliance on any financing or leasing arrangement with Oracle or its affiliate. C. Other 1. Limited Use Programs The following Programs are limited use Programs: PeopleSoft Enterprise Human Resources - Enterprise Employee Perpetual, PeopleSoft Enterprise Payroll Interface - Enterprise Employee Perpetual. The functionality of PeopleSoft Enterprise Human Resources is limited to the use of eBenefits. The functionality of PeopleSoft Enterprise Payroll Interface is limited to the use of ePay. 2. Order Placed Pursuant to Expansion (ILF) The Program licenses listed in the Program and Program -Related Service Offerings section with the license types Enterprise Employee Perpetual are ordered and subject to the applicable fees and terms of the order between You and Oracle dated 29 -Nov -2021. As of the effective date of this order, Your actual Enterprise Employee Perpetual is greater than or equal to 1,760. The Summary Exhibit lists the Program licenses acquired prior to the effective date, the Program licenses acquired under this order and the total number of Program licenses acquired to date. Summary Exhibit Program Description License Type Number of Program Licenses Acquired Prior to Effective Date Number of Program Licenses Acquired under the Programs and Program -Related Service Offerings section Total Number of Program Licenses Acquired as of the Effective Date (Under This Ordering Document) Those programs specified in the table(s) located above, of the License Type(s) specified in the License Type column Enterprise Employee Perpetual 1,760 110 1,870 CPQ-2130988 - 1 Issued by Oracle America, Inc. 4 -JUN -2021 Page 3 of 4 Oracle America, Inc. -DocuSIgned by: Signature Kick Cw.� '-8170D49EB292478.. Name Rick Carrillo Title Deal Specialist, Americas SSC, Deal Management Signature Date 07 -Jun -2021 I 3:30 PM CDT Effective Date (to be completed by Oracle) IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first stated above. NAME OF CONTRACTOR By: NAME OF THE PERSON SIGNING POSITION OF THE PERSON SIGNING ATTEST: Weld C By: Clerk to the Board Deputy Clerk BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, chair 'JUL 1 9.2021 olio/ -2O80 CPQ-2130988 - 1 Issued by Orade America, Inc. 4 -JUN -2021 Page 4 of 4 Contract Form New Contract Request Entity Information Entity Name* ORACLE AMERICA INC Entity ID* 0,00008456 Contract Name* ORACLE AMERICA LICENSE EXPANSION 2021 Contract Status CTB REVIEW Contract Description 2021 EXPANSION OF PEOPLESOFT LICENSES Contract Desorption 2 Contract Type AGREEMENT Amount* $16,381.96 Renewable* YES Automatic Renewal actment INFORMATION TECHNOLOGY-GIS Email CM - I nformationTech nol ogyGl Sty weldgov. corn Department Head Email CM- InformationTechnologyGIS- DeptHead weldgov.com County Attorney GENERAL COUNTY Al 1 ORNEY EMAIL County Attorney Email CM- COU NTYA 1 I 0 R EYWELDG OV. COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Contract ID 5029 Contract Lead* MTRUSLOW Contract Lead Email mtruslowg:.co.weld.co.us Requested BOCC Agenda Date* 07x192021 Parent Contract ID Requires d YES Department Project # Due Date 07152021 Will a work session with S0CC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Contact Name Contact Type Purchasing Purchasing CONSENT Approval Process Department Head RYAN ROSE DH Approved Date 07;13/2021 =al Approval BOCC Approved BOCC Signed Date BOCC Agenda. Date 07;19;2021 Originator MTRUSLOW Review Date* 04/01,2022 Committed Delivery Date Finance Approver CONSENT Renewal Date* 08/31/2022 Expiration Date Contact Phone 1 Contact Phone 2 Purchasing Approved Date 07/13 '2021 Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 07:13 2021 07;'1 3,`2021 Tyler Ref # AG 071921 Hello