HomeMy WebLinkAbout20202458.tiff//)
MEMORANDUM
TO: Esther Gesick, Clerk to the Board July 29, 2020
FROM: Ryan Rose, Chief Information Officer
SUBJECT: Oracle America, Inc. License Expansion
Oracle America, Inc. provides software to the Weld County. The software is used
by the Human Resources and Payroll departments to manage employee data and
run payroll. The attached agreement between the Board Of County Commissioners
and Oracle America, Inc is for the expansion of the licenses which is based on
employee count provided to Oracle America, Inc. by Accounting. The requested
amount for this service is $22,005.72.^ and was budgeted for in the 2020 budget
cycle.
We ask that the BOCC approve the agreement as submitted.
1
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2020-2458
.Drb 1>d 7
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Oracle America, Inc. License Expansion
DEPARTMENT: Information Technology DATE: July 28, 2020
PERSON REQUESTING: Ryan Rose, CIO
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.
The attached agreement between the Board of Weld County Commissioners and Oracle America, Inc. is for the
expansion of the licenses which is based on employee count provided to Oracle America, Inc. by Accounting.
The requested amount for this service is $22,005.72.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
This provider specializes in selling and supporting this software which is utilized by Human Resources and
Payroll to conduct their daily business.
Recommendation:
We recommend proceeding with this request.
Mike Freeman, Chair
Scott K. James
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
Kevin D. Ross
Approve
Recommendation
m
Schedule
Work Session
Other/Comments:
ORACLE'
ORDERING DOCUMENT
Oracle America, Inc.
500 Oracle Parkway
Redwood Shores, CA
94065
Name
Address
Weld County IT
1401 N 17th Avenue
GREELEY CO
80631
Contact
Phone Number
Email Address
Ronne Brickman
970-400-2549
Billing.IT@weldgov.com
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1.0
L12171
PeopleSoft Enterprise Benefits Administration - Employee Count
200
5,029.28
Perpetual
1.1
Software Update License & Support - First Year
1,106.44
1.2
Software Update License & Support - Second Year (11
33.34
Days)
2.0
L12468
PeopleSoft Enterprise Flexible Spending Administrati - Employee
Count Perpetual
200
5,738.10
2.1
Software Update License & Support - First Year
1,262.38
2.2
Software Update License & Support - Second Year (11
38.04
Days)
3.0
L12532
PeopleSoft Enterprise Human Resources - Employee Count Perpetual
200
1,434.52
3.1
Software Update License & Support - First Year
315.59
3.2
Software Update License & Support - Second Year (11
9.51
Days)
4.0
L12671
PeopleSoft Enterprise Payroll North American - Employee Count
Perpetual
200
5,738.10
4.1
Software Update License & Support - First Year
1,262.38
4.2
Software Update License & Support - Second Year (11
38.04
Days)
Programs and Program -Related Service Offerings Fees
22,005.72
CPQ-1750306 - 1
Program Fees
17,940.00
Program -Related Service Offering Fees
4,065.72
Total Fees
22,005.72
Issued by Oracle America, Inc. 15-JUL-2020
Page 1 of 5
aoao-aHSir
A. Agreement and Modifications to the Agreement
1. Agreement
a. Agreement: Software License and Services Agreement
Agreement Name: US-PSFT-SLSA-PS1653-US-20-JULY-94
This ordering document incorporates by reference the terns of the agreement specified above. Oracle America, Inc. is a successor in interest to
PeopleSoft USA, Inc. and has assumed all rights and obligations of PeopleSoft USA, Inc. under the agreement. All references to "PeopleSoft USA, Inc."
in the agreement specified above and this ordering document shall mean Oracle America, Inc. (hereinafter "Oracle"). The following defined and
capitalized terms in the referenced agreement between you and Oracle shall have the same meaning as the stated terms in this ordering document:
"Agreement" and "agreement"; "Licensee" and "you"/ "your" "Software" and "program" "Support Services" and "technical support"; "Documentation"
and "program documentation"; "Third Party Software" and "third party programs"; "Schedule" and "ordering document"; and "Supportable Modules" and
"supportable programs".
B. General Terms
1. Summary of Fees
a. For the purposes of calculating the fees for the first and second renewal years of technical support services as described in the Technical Support
section of the Master Agreement, the prior year's fees for the first renewal year is based upon twelve months of technical support and is equal to US
Dollars 3,946.8.
b. Listed above is a summary of net fees due under this order. All fees an this order are in US Dollars.
c. You have ordered Hardware and/or Programs and 376 days (Start date:21-AUG-2020 End date:31-AUG-2021) of technical support services.
2. 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.
3. Territory
a. The Program licenses included on this order are for use in the United States.
4. 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.orade.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 delivery 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 far 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).
S. Effective Date
a. The effective date of this order is 21-AUG-2020.
6. Pricing Invoicing and Payment Obligation
CPQ-1750306 -1 Issued by Oracle America, Inc. 15-JUL-2020
Page 2 of 5
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. 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.
7. Fees
a. Once placed, Your order shall be non -cancelable and the sums paid nonrefundable, except as provided in the Master Agreement.
8. 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.
9. Offer Validity
a. This order is valid through 21 -Aug -2020, and shall become binding upon execution by You and acceptance by Oracle.
10. 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.
11. Trial Programs
You may order trial Programs, or Oracle may include additional Programs with Your order which You may use for trial, non -production purposes only.
You may not use the trial Programs to provide or attend third party training on the content and/or functionality of the Programs. You have 30 days from
the Commencement Date to evaluate these Programs. To use any of these Programs after the 30 day trial period, You must obtain a license for such
Programs from Oracle or an authorized reseller. If You decide not to obtain a license for any Program after the 30 day trial period, You will cease using
and promptly delete any such Programs from Your computer systems. Programs licensed for trial purposes are provided "as is" and Oracle does not
provide technical support or offer any warranties for these Programs.
12. Source Code
Oracle may deliver source code as part of its standard delivery for particular Programs, Operating System or Integrated Software; all source code
delivered by Oracle is subject to the terms of the Agreement, the applicable order and the applicable Program Documentation.
13. Technical Support Policies
Technical support consists of Oracle's annual technical support services You may have ordered from Oracle or an authorized reseller for the Programs.
If ordered, annual technical support (including first year and all subsequent years) is provided under Oracle's technical support policies in effect at the
time the technical support services are provided. You agree to cooperate with Oracle and provide the access, resources, materials, personnel,
information and consents that Oracle may require in order to perform the technical support services. The technical support policies are incorporated in
this order and are subject to change at Oracle's discretion; however, Oracle policy changes will not result in a material reduction in the level of technical
support services provided for supported Programs during the period for which fees for technical support have been paid. You should review the policies
prior to entering into the order for the applicable technical support services. You may access the current version of the technical support policies at
http://oracle.com/contracts.
Software Update License & Support (or any successor technical support offering to Software Update License & Support, "SULS") acquired with Your
order may be renewed annually and, if You renew SULS for the same number of licenses far the same Programs, for the first and second renewal years
the fee for SJJLS will not increase by more than 4% over the prior year's fees.
If You decide to purchase technical support for any Program license within a license set, You are required to purchase technical support at the same
level for all licenses within that license set. You may desupport a subset of licenses in a license set only if You agree to terminate that subset of licenses.
The technical support fees for the remaining licenses will be priced in accordance with the technical support policies in effect at the time of termination.
Oracle's license set definition is available in the current technical support policies. If You decide not to purchase technical support, You may not update
any unsupported Program licenses with new versions of the Program.
C. Other
1. Order Placed Pursuant to Expansion (ILF)
The Program licenses listed in the Program and Program -Related Service Offerings section with the license types Employee Count Perpetual are
ordered and subject to the applicable fees and terms of the order between You and Oracle dated 20-JUL-1994. As of the effective date of this order,
Your actual Employee Count Perpetual is greater than or equal to 1,700. 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
CPQ-1750306 - 1 Issued by Oracle America, Inc. 15-JUL-2020
Page 3 of 5
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)
PeopleSoft Enterprise Human
Resources
PeopleSoft Enterprise Benefits
Administration
PeopleSoft Enterprise Flexible
Spending Administration
PeopleSoft Enterprise Payroll
North American
Employee Count Perpetual
1,700
200
1,900
CPQ-1750306 -1 Issued by Oracle America, Inc. 15-JUL-2020
Page 4 of 5
IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first stated above.
N ,c.ONTRACTOR
5400. Aral,:
Shaum Puthigai
1S -Ju
l -2020 I 4:18 PM CDT
By: II'Av95?PERSON SIGNING
Deal Specialist, Americas SSC, Deal Management
POSITION OF PERSON SIGNING
A l !'EST:
dirk%) Jcid4:11
Weld County Clerk to the Board
BY:
YY1.I.at.tio dc_
Deputy Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
'YYL..R3‘4.4,___
Mike Freeman, Chair
AUG 10 2020
Effective Date (to be completed by Oracle)
CPO -1750306 -1 Issued by Oracle America, Inc. 15-JUL-2020
Page 5 of 5
Q0QO -d`'158.
cD RCLE
License Verification Form
Customer Name: Weld County
•
Customer's
licensed
metrics
--h
Employee
Count
Reported Amount
1, 757
Enterprise
Employee2
I, 757
Document
Upgrade Amendment /
15 -Sep -2000
Products
IPeopleSoft Enterprise Licenses: Human
Resources, Benefits Administration, FSA
Administration, Payroll
Partner Ordering Document /
29 -Nov -2007
PeopleSoft Enterprise Licenses: Human
Resources (limited to eBenedits), Time
and Labor, ePerformance, Payroll
Interface (limited to ePay)
'Note: Please provide the current metric information for the above listed organization as defined in the documents referenced in the
above table. Please certify this information by signing below.
Authorized Customer Representative:
Signature:
dwo
Transmitted copies of this form
Printed Name: l? R e13RM COA/IV0LL)t
Date: J
ered documents equivalent the original documents.
Title: 6040 rrzOu.cE.
1 "Employee Count" shall mean the sum of all Employees and contractors who are or would be deemed
employees under applicable laws_
2 Enterprise Employee is defined as all of your full-time, part-time, temporary employees and all of your
agents, contractors and consultants. The number of Enterprise Employee and not the actual number of users
determines the quantity of the licenses required. In addition, if you elect to outsource any business function(s)
to another company, all of the company's full-time, part-time, temporary employees and agents, contractors
and consultants that are providing the outsourcing services for you must be counted for the purposes of
determining the number of Enterprise Employees.
E-mail the signed letter to:
Simona Ene
simonLeneQeracte.com
Contract Form
New Contract Request
Entity Information
Entity Name*
ORACLE AMERICA INC
Contract Name*
2020 LICENSE EXPANSION
Contract Status
CTB REVIEW
Entity ID*
@00008456
❑ New Entity?
Contract ID
3952
Contract Lead*
MTRUSLCVi
Contract Lead Email
mtruslow@coweld co us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
LICENSE EXPANSION OF PEOPLESOFT BASED ON EMPLOYEE COUNT PROVIDED BY ACCOUNTING
Contract Description 2
Contract Type *
AGREEMENT
Amount
$22 005.72
Renewable*
YES
Automatic Renewal
Grant
IGA
Department
INFORMATION
TECHNOLOGY-GIS
Department Email
CM -
I nformati o nTech n of o gy G l S@w
eldgov.corn
Department Head Email
CM-InformationTechnologyGIS-
DeptHead@weldgov.com..
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATT O RN EY@'V'/E LD
GOV.COM
Requested BOCC Agenda
Date*
0810312020
Due Date
07130/2020
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
On Base
Contract Dates
Effective Date Review Date* Renewal Date*
0410112021 0x1'0112021
Termination Notice Period Committed Delivery Date Expiration Date
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
CONSENT
Approval Process
Department Head
RYAN ROSE
DH Approved Date
08104/2020
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
08/10/2020
Originator
MTRUSLOW
Contact Type Contact Email
Finance Approver
CONSENT
Contact Phone 1
Purchasing Approved Date
08/0412020
Finance Approved Date
08+04/2020
Tyler Ref #
AG 081020
Legal Counsel
CONSENT
Contact Phone 2
Legal Counsel Approved Date
08/04i2020
Submit
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